Ha'il Aziz Ahmad Al Maythal

Infobox WoT detainees
subject_name = Ha Il Aziz Ahmed Al Maythali

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date_of_birth = Birth year and age|1977
place_of_birth = Zemar, Yemen
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detained_at = Guantanamo
id_number = 840
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charge = No charge, held in extrajudicial detention
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Ha Il Aziz Ahmed Al Maythali is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Al Maythali's Guantanamo Internee Security Number is 840.American intelligence analysts estimate that he was born in 1977, in Zemar, Yemen.

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 2007
accessdate=2007-09-22] ]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were "lawful combatants" -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Ha Il Aziz Ahmed Al Maythali's Combatant Status Review Tribunal on 19 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#31
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Maythali, Ha Il Aziz Ahmed
pages=pages 31-32
publisher=United States Department of Defense
author=OARDEC
date=19 October 2004
accessdate=2008-08-20
quote= ] The memo listed the following allegations:The allegations Al Maythali faced during his Tribunal were: :

Transcript

Al Maythali did not attend his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_31_2145-2265.pdf#12 Summarized transcripts (.pdf)] , from Ha Il Aziz Ahmed Al Maythali's "Combatant Status Review Tribunal" - pages 12-14] But his Personal Representative presented his responses to the allegations on his behalf.

Responsess to the allegations

* Ha Il Aziz Ahmed Al Maythali acknowledged that he traveled to Afghanistan for jihad in 2000 -- but not against the USA and the Northern Alliance.
* Ha Il Aziz Ahmed Al Maythali acknowledged that he stayed in a Taliban guesthouse, in Quetta.. But he pointed out that the Taliban was the legitimate government of Afghanistan at the time.
* Ha Il Aziz Ahmed Al Maythali acknowledged that he stayed in a guesthouse in Kandahar. He acknownowledge many Arabs stayed there. But he denied knowing it was an al Qaida guesthouse.
* Ha Il Aziz Ahmed Al Maythali acknowledged confessing to attending the al Farouq training camp, but stated this was a false confession, coerced through torture.
* Ha Il Aziz Ahmed Al Maythali acknowledged being present on the front lines in Afghanistan -- in 2000. He said he was only there for one week. There were no hostilities. He never participated in any training.and an al Qaida guesthouse in Kandahar

Habeas corpus petition

Hayal Aziz Ahmed Al-Mithali habeas corpus petition was first filed on November 7 2005.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18 2008 Jennifer R. Cowan renewed his habeas petition.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/140/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 140 -- Civil Action No. 05-CV-2186
publisher=United States Department of Justice
author=
date=2008-07-18
accessdate=2008-08-18
quote= ]

References