Ghaleb Nassar Al Bihani
Encyclopedia
Ghaleb Nassar Al Bihani is a citizen of Yemen
currently held in the United States
Guantanamo Bay detainment camp
s, in Cuba
.
The Department of Defence
estimate that he was born in 1980, in Tabokh, Saudi Arabia
.
Multiple media outlets reported that al Bihani had simply been a cook for the Taliban's 55th Arab Brigade.
Al Bihani's habeas corpus
petition was the first one to be ruled on by a higher court.
As of August 17, 2011, Ghaleb Nassar Al Bihani has been confined at Guantanamo camps for nine years seven months.
.
On January 29, 2009 Leon ruled that his CSR Tribunal had appropriated classified Al Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."
Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals.
According to Charlick those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.”
A panel of three judges, Janice Rogers Brown
, Brett Kavanaugh
and Stephen Williams
convened on October 2, 2009 to hear Ghaleb's appeal.
Although the judges expressed some skeptical comments they did not release a ruling.
The October 2, 2009 hearing was open to the public.
According to the Blog of Legal Times Charlick had wanted to attend the September 15, 2009 hearing of the appeal of Leon's ruling on Bensayah Belkacem
, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence.
Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb.
The appeal panel made its ruling on January 5, 2010.
John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found:
"...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war."
According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra University
characterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”.
CNN
reported that the ruling would apply to all other captives.
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
currently held in the United States
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...
.
The Department of Defence
United States Department of Defense
The United States Department of Defense is the U.S...
estimate that he was born in 1980, in Tabokh, Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
.
Multiple media outlets reported that al Bihani had simply been a cook for the Taliban's 55th Arab Brigade.
Al Bihani's habeas corpus
Habeas 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...
petition was the first one to be ruled on by a higher court.
As of August 17, 2011, Ghaleb Nassar Al Bihani has been confined at Guantanamo camps for nine years seven months.
Writ of habeas corpus
Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before 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...
.
On January 29, 2009 Leon ruled that his CSR Tribunal had appropriated classified Al Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."
Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals.
According to Charlick those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.”
A panel of three judges, Janice Rogers Brown
Janice Rogers Brown
Janice Rogers Brown is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.President George W. Bush...
, Brett Kavanaugh
Brett Kavanaugh
Brett Michael Kavanaugh is a federal judge on the United States Court of Appeals for the D.C. Circuit. He formerly was Staff Secretary in the Executive Office of the President of the United States under President George W...
and Stephen Williams
Stephen Williams
Steven or Stephen Williams may refer to:*Stephen Williams , archaeologist at Harvard University*Stephen Williams , former Gloucestershire cricketer*Stephen Williams , former Cornwall cricketer...
convened on October 2, 2009 to hear Ghaleb's appeal.
Although the judges expressed some skeptical comments they did not release a ruling.
The October 2, 2009 hearing was open to the public.
According to the Blog of Legal Times Charlick had wanted to attend the September 15, 2009 hearing of the appeal of Leon's ruling on Bensayah Belkacem
Bensayah Belkacem
Bensayah Belkacem is a citizen of Bosnia, currently held in the United States Guantanamo Bay detainment camps, 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....
, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence.
Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb.
The appeal panel made its ruling on January 5, 2010.
John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found:
"...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war."
According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra University
Hofstra University
Hofstra University is a private, nonsectarian institution of higher learning located in the Village of Hempstead, New York, United States, about east of New York City: less than an hour away by train or car...
characterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”.
CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
reported that the ruling would apply to all other captives.
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
- Nine Years After 9/11, US Court Concedes that International Laws of War Restrict President’s Wartime Powers Andy Worthington, September 8, 2010