Bensayah Belkacem
Encyclopedia
Bensayah Belkacem is a citizen of Bosnia, currently held in the United States
Guantanamo Bay detainment camp
s, in Cuba
.
He was born in Algeria
, and arrested in his home in Bosnia
, on October 8, 2001, shortly after the attacks of September 11, 2001.
Bensayah Belkacem arrived at the Guantanamo detention camps on
January 21, 2002,
and has been held there for .
He has been held without trial or charge since.
Belkacem and five other men, charity workers, who were colleagues of his, who were also born in Algeria, were under suspicion of plotting to bomb the American embassy in Bosnia.
American intelligence officials had grown alarmed by an increase in the "chatter
". After his extrajudicial capture it was reported that a search of his home turned up pro-jihadist material.
In response, on 12 October 2004
the Department of Defense released 40
pages of unclassified documents related to his Combatant Status Review Tribunal.
ordered the release of the 5 Algerians held at Guantanamo Bay, Cuba, and the continued detention of a sixth, Belkacem Bensayah."
The panel ruled that their hearings would be held entirely in-camera.
According to the Blog of Legal Times Marc Fleming, of Wilmer Cutler Pickering Hale and Dorr
, one of Bensayah's lawyers partially declassified brief to the appeal court had challenged Leon's reasoning because he had relied on “unfinished, conclusory intelligence reports and uncorroborated assertions from anonymous sources.”
Fleming brief had challenged Leon's ruling because he had not required the government to search for exculpatory evidence. Fleming asserted that when the government had conducted its search the classified evidence it provided to him in April 2009 eroded the government's allegations.
In late June, the panel reversed Leon's ruling, holding that Bensayah could not be considered a member of al-Qaeda. Judge Douglas H. Ginsburg
, writing for the panel, said that there was "no direct evidence" of any communication between Bensayah and any al-Qaeda member. Ginsburg noted that the Obama administration had backed away from several arguments the Bush administration had made to Leon, including claims he'd communicated with Abu Zubaydah
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detainment camp
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
s, 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...
.
He was born in Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, and arrested in his home in Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
, on October 8, 2001, shortly after the attacks of September 11, 2001.
Bensayah Belkacem arrived at the Guantanamo detention camps on
January 21, 2002,
and has been held there for .
He has been held without trial or charge since.
Belkacem and five other men, charity workers, who were colleagues of his, who were also born in Algeria, were under suspicion of plotting to bomb the American embassy in Bosnia.
American intelligence officials had grown alarmed by an increase in the "chatter
Chatter (terrorist)
Chatter is an old term from signal intelligence, used more generally after the turn of the 21st century in the United States "war on terror". Intelligence officials, not having better metrics, monitor the volume of communication, to or from suspected terrorists, to determine whether there is cause...
". After his extrajudicial capture it was reported that a search of his home turned up pro-jihadist material.
Detention in Cuba
Bensayah was one of the first Guantanamo detainees who was able to get a letter out describing the conditions there. In a letter his wife received in June 2002 he said that the detainees no longer had to defecate and urinate into plastic bags. The camp authorities had provided them with toilets.Bensayah Belkacem v. George W. Bush
A writ of habeas corpus, Bensayah Belkacem v. George W. Bush, was submitted on Bensayah Belkacem's behalf.In response, on 12 October 2004
the Department of Defense released 40
pages of unclassified documents related to his Combatant Status Review Tribunal.
Continued detention
On 21 October 2008 US District Court Judge Richard J. LeonRichard J. Leon
Richard J. Leon is an American lawyer and current federal judge. He has served as a judge of the United States District Court for the District of Columbia since 2002.-Early life and education:Leon was born in South Natick, Massachusetts...
ordered the release of the 5 Algerians held at Guantanamo Bay, Cuba, and the continued detention of a sixth, Belkacem Bensayah."
Appeal of Judge Leon's ruling
On September 15, 2009 a three judge panel from the DC Court of appeals started to review Leon's ruling.The panel ruled that their hearings would be held entirely in-camera.
According to the Blog of Legal Times Marc Fleming, of Wilmer Cutler Pickering Hale and Dorr
Wilmer Cutler Pickering Hale and Dorr
Wilmer Cutler Pickering Hale and Dorr LLP, which also goes by the shorter market name WilmerHale, is an American law firm with twelve offices across the USA, Europe and Asia. It was created in 2004 through the merger of the Boston-based firm Hale and Dorr and the Washington-based firm Wilmer Cutler...
, one of Bensayah's lawyers partially declassified brief to the appeal court had challenged Leon's reasoning because he had relied on “unfinished, conclusory intelligence reports and uncorroborated assertions from anonymous sources.”
Fleming brief had challenged Leon's ruling because he had not required the government to search for exculpatory evidence. Fleming asserted that when the government had conducted its search the classified evidence it provided to him in April 2009 eroded the government's allegations.
In late June, the panel reversed Leon's ruling, holding that Bensayah could not be considered a member of al-Qaeda. Judge Douglas H. Ginsburg
Douglas H. Ginsburg
Douglas Howard Ginsburg is a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to this court in October 1986 by President Ronald Reagan. He served as its Chief Judge from July 16, 2001 until February 10, 2008...
, writing for the panel, said that there was "no direct evidence" of any communication between Bensayah and any al-Qaeda member. Ginsburg noted that the Obama administration had backed away from several arguments the Bush administration had made to Leon, including claims he'd communicated with Abu Zubaydah
Abu Zubaydah
Abu Zubaydah is a Saudi Arabian citizen, sentenced to death in Jordan and currently held in U.S. custody in Guantanamo Bay, Cuba.Not neutral: Arrested in Pakistan in March 2002, he has been in US custody for more than eight years, four-and-a-half of them spent incommunicado in solitary confinement...
.
External links
- Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part Two) Andy Worthington July 27, 2010
- Judge Ginsburg ruling from June 28,2010
- Bosnian government seen covering up naturalized citizens, terrorist suspects
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)