Adil Hadi bin Hamlili

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Adil Hadi al Jazairi Bin Hamlili is a citizen of Algeria who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. The US Department of Defense reports that Bin Hamlili was born on June 26, 1976, in Oram [sic] Algeria. His Guantanamo Internment Serial Number was 1452.

Identity

Adil Hadi al Jazairi Bin Hamlili's name was spelled inconsistently on various documents released by the United States Department of Defense:

Adil Hadial Al Jazairi Bin Hamlili on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 16 November 2004. Adil Hadi Al-Jaza'iri Bin Hamlili on the Summary of Evidence memo prepared for his first and second annual Administrative Review Board, on 25 August 2005 and on 7 September 2006.

Combatant Status Review Tribunal

File:Trailer where CSR Tribunals were held.jpg

Combatant Status Review Tribunals were held in a 3 x 5 meter trailer, where the captive sat with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.

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 a competent tribunals 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 Tribunals. 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Adil Hadial Al Jazairi Bin Hamlili's Combatant Status Review Tribunal, on 16 November 2004. The memo listed the following allegations against him:

a. The detainee is associated with the Taliban and associated with al Qaida:

1. The detainee worked as a translator for the Taliban Foreign Ministry.
2. The detainee received room and board from the Taliban.
3. The detainee travelled several times between Pakistan and Afghanistan after 11 September 2001.
4. The detainee admitted he had al Qaida connections.
5. The detainee joined a terrorist organization focused on jihad in Algeria.
6. The detainee received a monthly stipend from al Qaida.
7. The detainee was a member of the Algerian Armed Islamic Group.
8. The Armed Islamic Group (GIA) is designated as a Foreign Terrorist Organization.
9. The detainee assassinated Usama bin Ladin's commercial representative to Pakistan, because the representative had violated sharia law.
10. The detainee provided detailed information, on al Qaida and other Islamic groups in Afghanistan, to the Taliban at the request of the Taliban Deputy Minister of Intelligence.
11. The detainee worked as an interpreter for the Sixth Directorate/Branch of Taliban Intelligence several times after 11 September 2001.
12. The detainee provided money to a member of al Qaida in 2003.
13. The detainee provided a rental house in Kabul to al-Zarqawi in 2000.
14. The detainee hosted a senior member of the Taliban Ministry of Interior at the detainee's house in July 2002 and in 2003.
15. The detainee has extensive knowledge of al Qaida attempts to procure nuclear material.

Testimony

There is no record that Bin Hamlili participated in his Combatant Status Review Tribunal.

Administrative Review Board hearing

File:Administrative Review Board hearing room.jpg

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Hadi Al-Jaza'iri Bin Hamlili's first annual Administrative Review Board, on 25 August 2005. The memo was published in September 2007. It listed 44 "primary factors favoring continued detention", and 2 "primary factors favoring release or transfer".

Transcript

Bin Hamlili participated in his first annual Administrative Review Board.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Hadi Al-Jaza'iri Bin Hamlili's second annual Administrative Review Board, on 7 September 2006. The memo was published in September 2007. It listed 44 "primary factors favoring continued detention", and 9 "primary factors favoring release or transfer".

Guantanamo Medical records

On 16 March 2007 the Department of Defense published medical records for the captives. According to those records Adil Hadi bin Hamlili was 68 inches tall. According to those records his weight was recorded 29 times between September 2004 and December 2006. According to those records his weight ranged from 151 to 203 pounds. Those records indicated he gained 29 pounds between September 20, 2005 and September 22. Those records indicated he lost 45 pounds between July 11 and July 17, 2006.

Habeas corpus petition

Bin Hamlily had a habeas corpus petition filed on his behalf in 2005. The Department of Defense published documents from the CSR Tribunals of 179 captives; they did not publish any of his habeas documents.

Military Commissions Act

The Military Commissions Act of 2006 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. Bush, 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.

Habeas corpus re-initiated

Bin Hamlily's attorney's filed requests to re-initiate his habeas petition. According to a status report filed on July 18, 2008 Bin Hamlily was captured in June 2003; Bin Hamliy was held for ten months in US custody in Kabul; Bin Hamliy was held for three to four months in the Bagram Theater Internment Facility; Bin Hamlily was transferred to Guantanamo in 2004;

Fellow Guantanamo captive Shaker Aamer initiated the petition on April 15, 2005. On June 19, 2007 his attorneys filed a Petition for Immediate Release (DTA) under the Detainee Treatment Act -- Hamlily v. Gates -- 07-1225. On July 1, 2008 his attorneys filed an "Amended Petition for Writ of Habeas Corpus".

The Government has not filed a "factual return" in his habeas petition. But they have filed some response to his DTA petition.transferred to Guantanamo in 2004.

Return to Algeria

Adil Hadi al Jazairi Bin Hamlili and Hasan Zemiri were repatriated to Algeria on January 20, 2010. Carol Rosenberg, writing in the Miami Herald, reported that it was not clear whether the two men had been sent home as free men, or whether they were simply transferred to Algerian custody. She noted that two other Algerian men had been granted Asylum, in France, because they had reason to fear a return home.

External links

• Algeria court acquits former Gitmo inmate Kuwait News Agency 21 February 2010
• Two Algerian Torture Victims Are Freed from Guantánamo Andy Worthington