Mustafa Ahmed Hamlily
Encyclopedia
Transcript
On March 3, 2006, in response to a court orderCourt order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
from Jed Rakoff the United States Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
published a five page summarized transcript from his Combatant Status Review Tribunal.
First annual Administrative Review Board
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 first annual Mustafa Ahmed Hamlily's Administrative Review Board, on 16 September 2005.
The two page memo listed nine "primary factors favor[ing] continued detention" and three "primary factors favor[ing] release or transfer". Those factors included:
- Hamlily is alleged to have received weapons training in Pakistan in 1987, at the "Bajawar camp".
- Hamlily is alleged to have worked in Pakistan in 1987 and 1988 for a Saudi charity, the Islamic Relief Society.
- Hamlily is alleged to have immigrated to JalalabadJalalabadJalalabad , formerly called Adinapour, as documented by the 7th century Hsüan-tsang, is a city in eastern Afghanistan. Located at the junction of the Kabul River and Kunar River near the Laghman valley, Jalalabad is the capital of Nangarhar province. It is linked by approximately of highway with...
, Afghanistan, in 1998, and to have been provided a house by the Taliban. - Hamlily is alleged to have lived next door to a suspicious Algerian Guesthouse, and to have hosted several men suspected of being al Qaida members in his own house in 2000.
- Hamlily fled Afghanistan when it became a war zone in late 2001.
- When Hamlily was arrested in Pakistan in May 2002 he was alleged to have been captured with a member of the Lashkar-e-Tayba terrorist organization.
- Hamlily said that he had been approached to participate in jihad, during the Soviet occupation of Afghanistan, but had declined "...because the killing of innocents that was taking place horrified him."
- Hamlily denied "...any and all terrorist affiliation, to include any relationhsip with al Qaida."
Second annual Administrative Review Board
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
Mustafa Ahmed Hamlily's second annual
Administrative Review Board,
on
27 June 2006.
The three page memo listed twenty
"primary factors favor[ing] continued detention" and seven
"primary factors favor[ing] release or transfer".
Transcript
In September 2007 the Department of Defense published a thirteen page summarized transcript from his second annual review in 2006.Board recommendations
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on September 25, 2006.
Habeas corpus petition
Hamlily had a writ 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...
, Civil Action No. 95-cv-0763.
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 Hamlily and several dozen other captives.
The petition would prevent the Department of Defense from transferring him out of US jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment—even though they had active habeas corpus petitions.
Release or repatriation
On July 3, 2008, Carol RosenbergCarol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...
of the Miami Herald reported that Mustafa Hamlily and another Algerian, Abdul Raham Hourari were repatriated on July 2, 2008.
She reports that the two were the first two Algerians to be transferred from Guantananmo.