Adil Hadi bin Hamlili

Infobox WoT detainees
subject_name = Adil Had Al Jazairi Bin Hamlili

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image_size =
image_caption =
date_of_birth = Birth date|1976|06|26
place_of_birth = Oram Algeria
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 1452
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Adil Had Al Jazairi Bin Hamlili is a citizen of Algeria held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.cite web
url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] Bin Hamlili's Guantanamo detainee ID number is 1452.The US Department of Defense reports that Bin Hamlili was born on June 26 1976, in Oram sic Algeria.

Identity

Captive 1452 was identified inconsistently on official Department of Defense documents:
*Captive 1452 was identified as Adil Hadial Al Jazairi Bin Hamlili on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 16 November 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#60
title=Summary of Evidence for Combatant Status Review Tribunal -- Bin Hamlili, Adil Hadial Al Jazairi
date=16 November 2004
pages=pages 60-61
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03]
*Captive 1452 was identified as Adil Hadi Al-Jaza'iri Bin Hamlili on the Summary of Evidence memo prepared for his first and second annual Administrative Review Board, on 25 August 2005 and on 7 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#92
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamlili, Adil Hadi Al-Jaza'iri
date=25 August 2005
pages=pages 92-98
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#63
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamlili, Adil Hadi Al-Jaza'iri
date=7 September 2006
pages=pages 63-69
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03]

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 a 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 Adil Hadial Al Jazairi Bin Hamlili's
Combatant Status Review Tribunal, on
16 November 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#60
title=Summary of Evidence for Combatant Status Review Tribunal -- Bin Hamlili, Adil Hadial Al Jazairi
date=16 November 2004
pages=pages 60-61
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03] The memo listed the following allegations against him::

Testimony

There is no record that Bin Hamlili participated in his Combatant Status Review Tribunal.

Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Hadi Al-Jaza'iri Bin Hamlili's first annual
Administrative Review Board, on
25 August 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#92
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamlili, Adil Hadi Al-Jaza'iri
date=25 August 2005
pages=pages 92-98
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03] The memo was published in September 2007.It listed 44 "primary factors favoring continued detention", and 2 "primary factors favoring release or transfer".

Transcript

Bin Hamlili participated in his first annual Administrative Review Board.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_11_21662-22010.pdf316
title=Summary of Administrative Review Board Proceedings of ISN
date=date redacted
author=OARDEC
pages=pages 316-334
publisher=United States Department of Defense
accessdate=2008-03-03]

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Hadi Al-Jaza'iri Bin Hamlili'ssecond annualAdministrative Review Board, on
7 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#63
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamlili, Adil Hadi Al-Jaza'iri
date=7 September 2006
pages=pages 63-69
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-03] The memo was published in September 2007.It listed 44 "primary factors favoring continued detention", and 9 "primary factors favoring release or transfer".

Habeas corpus petition

Bin Hamlily had a habeas corpus petition filed on his behalf in 2005.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/125/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 125 -- Status report
publisher=United States Department of Justice
author=Paul A. Leder
date=July 18 2008
accessdate=2008-09-27
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F127%2F0.pdf&date=2008-09-27 mirror] ] The Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29]

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.

Habeas corpus re-initiated

Bin Hamlily's attorney's filed requests to re-initiate his habeas petition.According to a status report filed on July 18 2008 Bin Hamlily was captured in June 2003;Bin Hamliy was held for ten months in US custody in Kabul;Bin Hamliy was held for three to four months in the Bagram Theater Internment Facility;Bin Hamlily was transferred to Guantanamo in 2004;

Fellow Guantanamo captive Shaker Aamer initiated the petition on April 15 2005.On June 19 2007 his attorneys filed a Petition for Immediate Release (DTA) under the Detainee Treatment Act -- Hamlily v. Gates -- 07-1225.On July 1 2008 his attorneys filed an "Amended Petition for Writ of Habeas Corpus".

The Governmnet has not filed a "factual return" in his habeas petition.But they have filed some response to his DTA petition.transferred to Guantanamo in 2004.

References