Jawad Jabber Sadkhan
Encyclopedia
Jawad Jabber Sadkhan is a citizen of Iraq
who was held in extrajudicial detention
in the United States
Guantanamo Bay detainment camp
s, in Cuba
.
Sadkhan's Guantanamo Internment Serial Number was 433.
Jawad's lawyers dispute that Jawad should have been held a single day, because he was a political refugee from Iraq and a Shi'a Muslim – whereas the Taliban and al-Qaeda
were Sunni
Muslims.
, to his Administrative Review Board
. He signed himself Abu Fatima Al Iraqi.
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 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
.
Sadkhan chose to participate in his Combatant Status Review Tribunal.
Sadkhan's Tribunal's President informed him that requests were made, through the US State Department,
on November 9, 2004, November 22, 2004 and November 30, 2004.
There was no reply, so, the witnesses were ruled "not reasonably available".
Sadkhan's Personal Representative informed him he could not locate the documents he had seen in the possession of his interrogators.
Sadkhan's Tribunal's President informed him that a fourth witness, who was also a Guantanamo captive, had been contacted, and had declined to testify on his behalf.
Sadkhan told the Tribunal that this witness had agreed to testify and explain about the animosity between Shiite and Sunni
Muslims in Afghanistan. Sadkhan said he was a Shiite.
In his statement detainee 758 identified himself as "Shaker Al Iraqi (Abass Abdou Erromi)".
The official record identifies him as Abbas Habid Rumi Al Naely
.
He testified that he suspected the accusation against him and detainee 433 were the result of animosity from detainee 111, Ali Abdul Motalib Awayd Hassan Al Tayeea
.
who he identified as "Ali Abdou Ahtaleb Al Iraqi" and detainee 252, who he identified as "Yassin Basro Al Yamani".
The official record shows detainees 111 and 262 as Ali Abdul Motalib Awayd Hassan Al Tayeea
and Yasim Muhammed Basardah
.
Al Naely says he knew Sadkhan in Afghanistan, and he knew him as a good, peaceloving, family man. Al Naely said that the two men he identified as Sadkhan's accusers did not know him in Afghanistan, and their accusations were complete fabrications.
, Jowad Jabar v. George W. Bush was filed on Jowad Jabar's
behalf.
In response, on 22 December 2005
the Department of Defense published a dossier of 24
pages of unclassified documents from his Tribunal.
In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives.
The documents record Captive 433 requested witnesess. However different documents in his dossier state he requested two, three, four, and five witnesses.
Tribunal panel 19 convened on 2004-12-03 and confirmed his enemy combatant status.
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.
was prepared for his first annual Administrative Review Board.
was prepared for his second annual Administrative Review Board, on 5 September 2006.
, an Iraqi refugee. Sadkhan's letter confirmed Al Naely's account that he had to rely on charity during his time in Afghanistan.
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
, 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.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
On 9 July 2008 Jeffrey D. Colman of JENNER & BLOCK LLP submitted a "RESPONSE OF PETITIONER JAWAD JABBAR SADKHAN AL-SAHLANI, ISN NO. 433, TO ISSUES RAISED AT JULY 8, 2008 HEARING" in Civil Action No. 05-CV-1497 (RCL) on behalf of Jawad Jabbar Sadkhan Al-Sahlani (ISN 433).
On July 18, 2008 Jeffrey D. Colman renewed Jawad's petition, noting that he is an Iraq
i Shiite Muslim.
Colman noted he is a Shiite Muslim from Iraq and that he is married and the father of four children, approximately ages 11, 9, 8, and 6.
On 2008-10-31 Jeffrey D. Colman filed a Petitioner's Opposition to Respondent's Motion for Leave to File Amended Factual Return on behalf of Jawad Jabbar Sadkhan Al-Sahlani (ISN 433) in Civil Action No. 05 CV 2384 (RWR).
On 31 October 2008 Colman filed a Petitioner's Opposition to Respondent's Motion for Leave to File Amended Factual Return' on Jawad's behalf.
mirror
Colman described the Department of Justice's attorneys were acting in bad faith.
Following his repatriation ot Iraqi custody, in a profile of his lawyer, Jeffrey Colman, AM Law provided more details of Jawad's repatriation.
According to the article Jawad was first cleared for release in 2003. According to the article Colman was informed that the Obama review team cleared him for release on May 15, 2009.
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
who was held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
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...
.
Sadkhan's Guantanamo Internment Serial Number was 433.
Jawad's lawyers dispute that Jawad should have been held a single day, because he was a political refugee from Iraq and a Shi'a Muslim – whereas the Taliban and al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
were Sunni
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
Muslims.
Identity
Captive number 433 wrote a letter on behalf of Abbas Habid Rumi Al NaelyAbbas Habid Rumi Al Naely
Abbas Habid Rumi Al Naely is a citizen of Iraq, who was held for more than six years in the United States Guantanamo Bay Naval Base in Cuba.Al Naely's Guantanamo Internment Serial Number was 758.-Witness for detainee 433:...
, to his Administrative Review Board
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
. He signed himself Abu Fatima Al Iraqi.
Combatant Status Review Tribunal
Geneva 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. 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...
.
Sadkhan chose to participate in his Combatant Status Review Tribunal.
Witness and evidence requests
- Sadkhan made requests for the testimony of three off-Island witnesses, on his behalf.
- He requested a document from an Afghan police station.
- And he requested an 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...
document that he knew should already have been in the Guantanamo evidence locker, because his interrogators had it in their possession during his interrogations. UN officials had issued him this document in 1998.
Sadkhan's Tribunal's President informed him that requests were made, through the US State Department,
on November 9, 2004, November 22, 2004 and November 30, 2004.
There was no reply, so, the witnesses were ruled "not reasonably available".
Sadkhan's Personal Representative informed him he could not locate the documents he had seen in the possession of his interrogators.
Sadkhan's Tribunal's President informed him that a fourth witness, who was also a Guantanamo captive, had been contacted, and had declined to testify on his behalf.
Sadkhan told the Tribunal that this witness had agreed to testify and explain about the animosity between Shiite and Sunni
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
Muslims in Afghanistan. Sadkhan said he was a Shiite.
Allegations
Witness detainee 758
Sadkhan had a statement from detainee 758 submitted as evidence at his Tribunal.In his statement detainee 758 identified himself as "Shaker Al Iraqi (Abass Abdou Erromi)".
The official record identifies him as Abbas Habid Rumi Al Naely
Abbas Habid Rumi Al Naely
Abbas Habid Rumi Al Naely is a citizen of Iraq, who was held for more than six years in the United States Guantanamo Bay Naval Base in Cuba.Al Naely's Guantanamo Internment Serial Number was 758.-Witness for detainee 433:...
.
He testified that he suspected the accusation against him and detainee 433 were the result of animosity from detainee 111, Ali Abdul Motalib Awayd Hassan Al Tayeea
Ali Abdul Motalib Awayd Hassan Al Tayeea
-Summary of Evidence memo:A Summary of Evidence memo was prepared forAli Abdul Motalib Awayd Hassan Al Payee'sAdministrative Review Board,on 16 August 2005.The memo listed factors for and against his continued detention.-Board recommendations:...
.
who he identified as "Ali Abdou Ahtaleb Al Iraqi" and detainee 252, who he identified as "Yassin Basro Al Yamani".
The official record shows detainees 111 and 262 as Ali Abdul Motalib Awayd Hassan Al Tayeea
Ali Abdul Motalib Awayd Hassan Al Tayeea
-Summary of Evidence memo:A Summary of Evidence memo was prepared forAli Abdul Motalib Awayd Hassan Al Payee'sAdministrative Review Board,on 16 August 2005.The memo listed factors for and against his continued detention.-Board recommendations:...
and Yasim Muhammed Basardah
Yasim Muhammed Basardah
Yasim Muhammed Basardah is a citizen of Yemen who was unlawfully detained in the United States's Guantanamo Bay detention camps, in Cuba.His Guantanamo Internment Serial Number is 252...
.
Al Naely says he knew Sadkhan in Afghanistan, and he knew him as a good, peaceloving, family man. Al Naely said that the two men he identified as Sadkhan's accusers did not know him in Afghanistan, and their accusations were complete fabrications.
Jowad Jabar v. George W. Bush
A petition of 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...
, Jowad Jabar v. George W. Bush was filed on Jowad Jabar's
behalf.
In response, on 22 December 2005
the Department of Defense published a dossier of 24
pages of unclassified documents from his Tribunal.
In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives.
The documents record Captive 433 requested witnesess. However different documents in his dossier state he requested two, three, four, and five witnesses.
Tribunal panel 19 convened on 2004-12-03 and confirmed his enemy combatant status.
Administrative Review Board hearings
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
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 hearing
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for his first annual Administrative Review Board.
Second annual Administrative Review Board hearing
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for his second annual Administrative Review Board, on 5 September 2006.
Letter of testimonial for Abbas Habid Rumi Al Naely
Sackhan wrote a letter for Abbas Habid Rumi Al NaelyAbbas Habid Rumi Al Naely
Abbas Habid Rumi Al Naely is a citizen of Iraq, who was held for more than six years in the United States Guantanamo Bay Naval Base in Cuba.Al Naely's Guantanamo Internment Serial Number was 758.-Witness for detainee 433:...
, an Iraqi refugee. Sadkhan's letter confirmed Al Naely's account that he had to rely on charity during his time in Afghanistan.
- “I know this man from Afghanistan when he visited me in my own home begging me for some help. I did not have anything to offer [him]. But when I looked at his overall look and his dirty clothing he had on, he looked so miserable. So I went to another friend of mine and asked him for money. That person gave me about $3 and I gave it to ISN 758. I have invited him to stay at my house for that particular night, byt he refused. This person came back to me again (meaning ISN 758) asking me for more money that I didn’t have to give him. I also learned from other people that this person was addicted to HashHashishHashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
, he smokes grass. This was a reason that made me decide not to help him because every time I would help him he would spend it on Hash. To me he was not a political person, a religious person, or a military person. I have never heard once that he hated America or it’s allies. I never heard that he really served with the Taliban. He received some help from the Taliban like other Iraqi refugees, and I am one of them. I am one of them and I have received help from the Taliban. They only gave me food for my family and me. They gave me a house to stay with my family. In regards to 758, they did not give him a house because he was not married. They only gave [one] to me. He is a peaceful man and he does not pose a threat on nobody and he has parents that need him. Anything that happened between him and me, like some kind of animosity was a result of the investigators here on this facility. So they can create animosity between the two of use . I was exposed to a lot of abuse, psychological abuse from the investigators and God only knows what happened. This person ISN 758 is innocent from any allegations and God knows everything. This is what I have and peace be upon [you].”
Military Commissions Act
The Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
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. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
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.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
On 9 July 2008 Jeffrey D. Colman of JENNER & BLOCK LLP submitted a "RESPONSE OF PETITIONER JAWAD JABBAR SADKHAN AL-SAHLANI, ISN NO. 433, TO ISSUES RAISED AT JULY 8, 2008 HEARING" in Civil Action No. 05-CV-1497 (RCL) on behalf of Jawad Jabbar Sadkhan Al-Sahlani (ISN 433).
On July 18, 2008 Jeffrey D. Colman renewed Jawad's petition, noting that he is an Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
i Shiite Muslim.
Colman noted he is a Shiite Muslim from Iraq and that he is married and the father of four children, approximately ages 11, 9, 8, and 6.
On 2008-10-31 Jeffrey D. Colman filed a Petitioner's Opposition to Respondent's Motion for Leave to File Amended Factual Return on behalf of Jawad Jabbar Sadkhan Al-Sahlani (ISN 433) in Civil Action No. 05 CV 2384 (RWR).
On 31 October 2008 Colman filed a Petitioner's Opposition to Respondent's Motion for Leave to File Amended Factual Return' on Jawad's behalf.
mirror
Colman described the Department of Justice's attorneys were acting in bad faith.
Repatriation
On June 11, 2009, Sadkhan was transferred from Guantanmo Bay to Iraq.Following his repatriation ot Iraqi custody, in a profile of his lawyer, Jeffrey Colman, AM Law provided more details of Jawad's repatriation.
According to the article Jawad was first cleared for release in 2003. According to the article Colman was informed that the Obama review team cleared him for release on May 15, 2009.