Aziz Abdul Naji
Encyclopedia
Aziz Abdul Naji is an Algerian citizen who was held without charges in the United States
Guantanamo Bay detention camp in Cuba
.
His Guantanamo Internment Serial Number was 744.
American intelligence analysts report that he was born on May 4, 1975, in Batna, Algeria.
Naji arrived at Guantanamo on August 5, 2002, and has been held there for .
The Obama administration transferred Aziz Abdul Naji to Algeria in July 2010 against his will. Naji argued that he would face a high risk to be torture
d in Algeria when he would be forced to returned to this country but he lost his case before the Supreme Court
. Human Rights Watch
has heavily criticized the Obama administration for their decision.
On July 25, 2010, he was indicted by the government of Algeria and placed under judicial supervision though it is not known what he had been charged with or what the supervision entailed.
as an aid worker, performing zakat
-- charitable work.
He described losing a leg to a land mine
while performing charitable service near embattled Kashmir
.
He lost his leg prior to al Qaeda's attack on the USA, and spent a year in medical rehabilitation in Pakistan.
His capture came shortly after his release from the hospital during a trip to Peshawar
, where he was to meet a marriage broker.
On May 20, 2009, he was cleared for transfer by the Guantanamo Review Task Force established by President Obama’s Executive Order of January 22, 2009.
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 tribunal
s 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 Tribunal
s. 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
. However, the Supreme Court
eventually ruled these tribunals unconstitutional in Hamdan v. Rumsfeld
.
appeal initiated on his behalf in 2005.
On 15 July 2008 Kristine A. Huskey
filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of these captives whose names are not on any of the official lists.
His most recent attorneys are Ellen Lubell and Doris Tennant, of Newton, Massachusetts
.
Lubell and Tennant appealed to Newton's city council to follow the example of neighboring Amherst
and offer sanctuary to their client.
, Legal Director of Center for Constitutional Rights
, states that Abdul Aziz Naji, had gone missing after the US sent him back to Algeria against his will and that Abdul Aziz Naji did not want to return to Algeria because he feared persecution from both the Algerian government and militant anti-government forces. Mr. Naji had applied for political asylum in Switzerland, and his application was proceeding through the Swiss courts.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camp in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
His Guantanamo Internment Serial Number was 744.
American intelligence analysts report that he was born on May 4, 1975, in Batna, Algeria.
Naji arrived at Guantanamo on August 5, 2002, and has been held there for .
The Obama administration transferred Aziz Abdul Naji to Algeria in July 2010 against his will. Naji argued that he would face a high risk to be torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
d in Algeria when he would be forced to returned to this country but he lost his case before the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
has heavily criticized the Obama administration for their decision.
On July 25, 2010, he was indicted by the government of Algeria and placed under judicial supervision though it is not known what he had been charged with or what the supervision entailed.
Background
Aziz Abdul Naji asserts he was in PakistanPakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
as an aid worker, performing zakat
Zakat
Zakāt , one of the Five Pillars of Islam, is the giving of a fixed portion of one's wealth to charity, generally to the poor and needy.-History:Zakat, a practice initiated by Muhammed himself, has played an important role throughout Islamic history...
-- charitable work.
He described losing a leg to a land mine
Land mine
A land mine is usually a weight-triggered explosive device which is intended to damage a target—either human or inanimate—by means of a blast and/or fragment impact....
while performing charitable service near embattled Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
.
He lost his leg prior to al Qaeda's attack on the USA, and spent a year in medical rehabilitation in Pakistan.
His capture came shortly after his release from the hospital during a trip to Peshawar
Peshawar
Peshawar is the capital of Khyber-Pakhtunkhwa and the administrative center and central economic hub for the Federally Administered Tribal Areas of Pakistan....
, where he was to meet a marriage broker.
Clearance by Obama Administration's Guantanamo Review Task Force
No charges have ever been brought against Mr. Naji by the US government.On May 20, 2009, he was cleared for transfer by the Guantanamo Review Task Force established by President Obama’s Executive Order of January 22, 2009.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva ConventionsGeneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
to captives from the War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
s to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status.
Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
instituted the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s. 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
. However, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
eventually ruled these tribunals unconstitutional in Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
.
Habeas corpus
Aziz Abdul Naji had a habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
appeal initiated on his behalf in 2005.
On 15 July 2008 Kristine A. Huskey
Kristine A. Huskey
Kristine Huskey is an American lawyer.Huskey is notable because she volunteered to help defend Guantanamo detainees.Huskey is the author of "Standards and Procedures for Classifying “Enemy Combatants”: Congress, What Have You Done?"...
filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of these captives whose names are not on any of the official lists.
His most recent attorneys are Ellen Lubell and Doris Tennant, of Newton, Massachusetts
Newton, Massachusetts
Newton is a city in Middlesex County, Massachusetts, United States bordered to the east by Boston. According to the 2010 U.S. Census, the population of Newton was 85,146, making it the eleventh largest city in the state.-Villages:...
.
Lubell and Tennant appealed to Newton's city council to follow the example of neighboring Amherst
Amherst, Massachusetts
Amherst is a town in Hampshire County, Massachusetts, United States in the Connecticut River valley. As of the 2010 census, the population was 37,819, making it the largest community in Hampshire County . The town is home to Amherst College, Hampshire College, and the University of Massachusetts...
and offer sanctuary to their client.
Disappearance alleged
In an email, dated 23 July 2010, Bill QuigleyWilliam P. Quigley
William P. Quigley is a law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He was named the Pope Paul VI National Teacher of Peace by Pax Christi USA in 2003...
, Legal Director of Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
, states that Abdul Aziz Naji, had gone missing after the US sent him back to Algeria against his will and that Abdul Aziz Naji did not want to return to Algeria because he feared persecution from both the Algerian government and militant anti-government forces. Mr. Naji had applied for political asylum in Switzerland, and his application was proceeding through the Swiss courts.
External links
- UPDATE 2-"Missing" Guantanamo returnee back at home -family ReutersReutersReuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
Jul 26, 2010 - UPDATE 1-Whereabouts of former US detainee unknown-lawyers ReutersReutersReuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
Jul 21, 2010 - UN experts urge US to ensure no Guantánamo detainees are forcibly returned United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
- Six detainees would rather stay at Guantanamo Bay than be returned to Algeria The Washington PostThe Washington PostThe Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
July 10, 2010 - Profiles of Guantanamo Detainees in Need of Safe Haven