Jihad Ahmed Mujstafa Diyab

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Jihad Ahmed Mujstafa Diyab is a citizen of Lebanon held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 722.

As of March 26, 2009, Jihad Ahmed Mujstafa Diyab has been held at Guantanamo for seven years seven months.

His wife, Usra al-Hussein, was apprehended and held in extrajudicial detention in Syria in July 2008. Amnesty International reports she was released on July 22 2009. Amnesty suspects she was taken into custody for trying to contact human rights groups for help lobbying for Diyab's release from Guantanamo.

Combatant Status Review

Main article: Combatant Status Review Tribunal

A Summary of Evidence memo was prepared for his Combatant Status Review Tribunal on 2004-09-25. The memo listed the following allegations:

a. The detainee is a member of al Qaida:

1. The detainee voluntarily left Syria in May 2000 and traveled to Afghanistan.
2. The detainee voluntarily traveled from Afghanistan to Pakistan in August 2001 and returned to Afghanistan, then back to Pakistan about October or November 2001.
3. The detainee joined an al Qaida military training camp.
4. The detainee is associated with a known terrorist organization.
5. The terrorist organization is listed in the U.S. Dept. of Homeland Security Terrorist Organization Reference Guide.
6. The detainee had cellular communications with Islamic extremists in Yemen.
7. The detainee received stipend assistance as al Qaida operative between May and October of 2002.
8. The detainee was arrested in November 2001 in Pakistan.

b. The detainee participated in military operations against the coalition:

1. The detainee was identified as having trained at an al Qaida training camp in Afghanistan and fought with or on behalf of Usama Bin Ladin.

Administrative Review Board hearings

In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006. There was no record that an ARB had been convened to review his detention.

The Summary of Evidence memos prepared for his 2005, 2006 and 2007 Administrative Review Board hearings have been published. Among the allegations he faced were:

• that he had hosted Abu Musab Al Zarqawi to stay in his house;
• that he was an expert forger;
• that he was a member of Asbat Al Ansar;
• that he had wanted to attend the Khalden training camp, but attended the Khandahar airport camp instead;
• some senior al Qaida members resented his assumption that he could attend an al Qaida camp without being vetted;
• some senior al Qaida members were suspicious of him because of his ties to takfiris;

Habeas corpus petition

Diyab had a writ of habeas corpus petition filed on his behalf.

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. 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 2008-07-18 Zachary Katznelson filed a "STATUS REPORT" with regard to Jihad Dhiab, Shaker Aamer, before Gladys Kessler.

Main article: Civil Action No. 05-cv-1457

External links

• Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3) Andy Worthington, October 13, 2010

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