Walid Said Bin Said Zaid
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Walid Said Bin Said Zaid's Combatant Status Review Tribunal convened on October 26, 2004.He did not attend his Tribunal, but he did prepare a written statement.
Other captive's written statements were released on March 3, 2006.
His statement was released in September 2007 together with document released in response to his 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.
His Tribunal's President
Tribunal President (CSRT)
The Combatant Status Review Tribunal the US Department of Defense commissioned, like the Tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a Tribunal President.-History of the Tribunals:...
provided a summary of the statement for the
Unclassified Summary of Basis for Tribunal Decision:
Essentially the only unclassified evidence the Tribunal had to consider was the Detainee's unsworn written statement as present by the Personal Representative from his interview with the detainee. The Personal Representative's summary of his interview is attached as Exhibit D-b. In sum, the detainee stated that he was not aware that ########## was associated with al Qaida and that he never fired upon US forces or their allies. The detainee stated that he did train on the Kalashnikov and the rocket propelled grenade launcher, but did not train in tactics or map reading; that he was recruited in Yemen so he could go to Afghanistan to be a teacher, but he did train at the camp because that's what was expected. |
Walid Said Bin Said Zaid v. George W. Bush
A writ of habeas corpus, Zaid v. Bush, formally Walid Said Bin Said Zaid v. George W. Bush, was submitted on Walid Said Bin Said Zaid's behalf.In response, on 16 February 2006 the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.
(Civil Action No. 05-cv-1646 (D.D.C.)) is a writ of 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...
filed on behalf of Guantanamo captive Waleed Said Bin Said Zaid before US District Court Judge
John D. Bates
John D. Bates
John Deacon Bates , is a United States federal judge for the U.S. District Court for the District of Columbia. He was appointed by President George W. Bush in December 2001, and has adjudicated in several cases directly affecting the office of the President.-Personal:Bates was born in Elizabeth,...
.
Combatant Status Review Tribunal
His enemy combatant status was confirmed by Tribunal Panel 13.Eighteen pages of unclassified documents from his 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...
were published in response to his habeas petition.
Lead Counsel
In January 2007 the Center for Constitution Rights published a list of the counsels of the "lead petitioners" in the captives various habeas petitions.The list records Judith Brown Chomsky
as the counsel to the lead petitioner on this petition.
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".
Re-initiation
On 15 July 2008 Kristine A. HuskeyKristine 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 several dozen captives.
mirror
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.
On 19 July 2008 Judith Brown Chomsky filed a status report on behalf of Waleed Said Bin Said Zaid.
In her report Chomsky stated his petition was first filed on 16 August 2005.
She reported that the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
filed an incomplete and redacted factual return 22 February 2006.
She reported that a DTA appeal under the Detainee Treatment Act of 2005 had been filed, Zaid v. Gates (Civil Action No. 07-1131) on 26 April 2007.
On 26 November 2008 Judith Chomsky
Judith Chomsky
Judith Brown Chomsky is an American human rights lawyer. She was born in Philadelphia, Pennsylvania in 1942, and is the sister-in-law of MIT professor Noam Chomsky....
filed a "PETITIONER’S OPPOSITION TO THE GOVERNMENT’S MOTION FOR CLARIFICATION AND RECONSIDERATION OF THIS COURT’S NOVEMBER 6, 2008 CASE MANAGEMENT ORDER AND SUPPLEMENTAL AMENDED ORDER" with regard to Waleed Said Bn Said Zaid (ISN 550) in Civil Action No. 05-cv-1646 (JDB).
On 15 December 2008 DoJ official Steve Matheny filed a "Unopposed motion to file unclassified return out of time and notice of filing protected information" in Civil Action No. 05-cv-1646, 05-cv-2378 (JDB).
Administrative Review Board hearing
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review BoardAdministrative 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
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 Walid Said Bin Said Zaid's first annual Administrative Review Board, on February 18, 2005.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
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 Walid Said Bin Said Zaid's second annual Administrative Review Board, on 3 February 2006.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
Third 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 Walid Said Bin Said Zaid's third annual Administrative Review Board.
The memo listed factors for and against his continued detention.
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010