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{{Infobox WoT detainees |
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'''Sami Abdul Aziz Salim Allaithy''' (born [[October 28]] [[1956]]) is a citizen of [[Egypt]], held in [[extrajudicial]] detention in the [[United States]] [[Guantanamo Bay Naval Base]], in [[Cuba]].<ref name=DoDList2>[http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', [[May 15]] [[2006]]</ref> |
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| subject_name = Sami Abdul Aziz Salim Allaithy |
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| image_name = Replace this image male.svg |
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| image_size = |
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| image_caption = |
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| date_of_birth = {{Birth date|1956|10|28}} |
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| place_of_birth = [[Shubrakass]] [[Egypt]] |
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| date_of_death = |
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| place_of_death = |
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| detained_at = [[Guantanamo Bay detention camp|Guantanamo]] |
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| id_number = 287 |
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| group = |
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| alias = |
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| charge = no charge, held in [[extrajudicial detention]] |
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| penalty = |
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| status = Determined not to have been an enemy combatant after all |
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| occupation = |
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| spouse = |
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| parents = |
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| children = |
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}} |
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'''Sami Abdul Aziz Salim Allaithy''' (born [[October 28]] [[1956]]) is a citizen of [[Egypt]], held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detention camp]]s, in [[Cuba]].<ref name=DoDList2> |
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{{cite web |
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| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf |
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| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 |
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| author=[[OARDEC]] |
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| publisher=[[United States Department of Defense]] |
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| date=[[May 15]] [[2006]] |
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| accessdate=2007-09-29 |
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}}</ref> |
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His Guantanamo [[Internee Security Number]] is 287. |
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[[Joint Task Force Guantanamo]] [[counter-terrorism]] analysts report he was born on [[October 28]] [[1956]] in [[Shubrakass]] [[Egypt]]. |
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==Background== |
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Al Laithi's detainee ID number is 287. He was born on [[October 28]] [[1956]] in [[Shubrakass]] [[Egypt]].<ref name=DoDList2>[http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', [[May 15]] [[2006]]</ref> |
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Prior to the [[Invasion of Afghanistan]] Al Laithi was teaching English and Arabic at [[Kabul University]]. |
Prior to the [[Invasion of Afghanistan]] Al Laithi was teaching English and Arabic at [[Kabul University]]. |
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==Combatant Status Review Tribunal== |
==Combatant Status Review Tribunal== |
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[[Image:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a |
[[Image:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.<ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', [[December 11]] [[2004]]</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306> |
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{{cite web |
{{cite web |
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| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902 |
| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902 |
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| date=[[March 6]] [[2007]] |
| date=[[March 6]] [[2007]] |
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| accessdate=2007-09-22 |
| accessdate=2007-09-22 |
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}}</ref> |
}}</ref>]] |
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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 U.S. could not evade its obligation to conduct a [[competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status. |
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 U.S. could not evade its obligation to conduct a [[competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status. |
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Subsequently the [[United States Department of Defense|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]]. |
Subsequently the [[United States Department of Defense|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]]. |
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===Summary of Evidence memo=== |
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A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for |
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Sami Abdul Aziz Salim Allaithy |
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Combatant Status Review Tribunal, |
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on |
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[[12 November]] [[2004]].<ref name=CsrtSummaryOfEvidenceSamiAbdulAzizSalimAllaithy> |
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{{cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#31 |
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| title=Summary of Evidence for Combatant Status Review Tribunal -- Allaithy, Sami Abdul Aziz Salim |
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| date=[[12 November]] [[2004]] |
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| pages='''page 31''' |
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| author=[[OARDEC]] |
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| publisher=[[United States Department of Defense]] |
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| accessdate=2008-04-25 |
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}}</ref> |
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The memo listed the following allegations against him: |
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:'''* The detainee is a [[member of al Qaida]]: |
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:#The detainee lived for approximately one year in a [[Khost]], [[Afghanistan]] [[suspect guest house, Khost|guesthouse]]. |
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:#The detainee moved to [[Kabul]] to teach in a [[Taliban]] madrassas {{sic}}. |
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:#The detainee admits to fleeing Afghanistan to [[Pakistan]], after being wounded by a bomb. |
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:#The detainee was fleeing Afghanistan with several other people who were all armed with automatic weapons. |
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:#The detainee was captured in Dec 2001, and when captured used an alias. |
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===Transcript=== |
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Allaithy chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtSamiAllaithy> |
Allaithy chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtSamiAllaithy> |
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{{cite web |
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[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_18_1463-1560.pdf#1 Summarized transcripts (.pdf)], from Sami Abdul Aziz Salim Allaithy's ''[[Combatant Status Review Tribunal]]'' - pages 1-7</ref> |
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| url=http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_18_1463-1560.pdf#1 |
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| title=Summarized Statement |
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| date='''date redacted''' |
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| pages='''pages 1-7''' |
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| author=[[OARDEC]] |
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| publisher=[[United States Department of Defense]] |
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| accessdate=2008-04-25 |
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}}</ref> |
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On [[March 3]] [[2006]], in response to a [[court order]] from [[Jed Rakoff]] the [[United States Department of Defense|Department of Defense]] published a seven page summarized transcript from his Combatant Status Review Tribunal.<ref name=TheAge20060404> |
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{{cite news |
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| url=http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html |
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| title=US releases Guantanamo files |
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| publisher=[[The Age]] |
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| date=[[April 4]], [[2006]] |
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| accessdate=2008-03-15 |
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| quote= |
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}}</ref> |
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===Allegations=== |
===Allegations as read aloud during his Tribunal=== |
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The allegations that Allaithy faced in his Tribunal were: |
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The allegations, as read aloud during his Tribunal, differed markedly from those recorded on his Summary of Evidence memo: |
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:'''a The detainee is associated with Al Qaeda and is a Taliban fighter. |
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:#''Detainee was recruited to fight in [[Kashmir]] and [[Chechnya]] by a [[Jihadist]] recruiter in [[Saudi Arabia]]. |
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:'''a The detainee is [[associated with Al Qaeda]] and is a [[Taliban fighter]]. |
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:#''Detainee joined the Taliban after receiving a [[Fatwa]] from [[Sheik]] [[Ha Al-Uqla]] at the [[Iman Muhammad Bin Saud College]] in [[Burayda, Saudi Arabia]]. |
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:#Detainee was recruited to fight in [[Kashmir]] and [[Chechnya]] by a [[Jihadist]] recruiter in [[Saudi Arabia]]. |
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:#''Detainee trained at [[Al Farouq training camp]] in Afghanistan during September 2001. |
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:# |
:#Detainee joined the [[Taliban]] after receiving a [[Fatwa]] from [[Sheik]] [[Ha Al-Uqla]] at the [[Iman Muhammad Bin Saud College]] in [[Burayda, Saudi Arabia]]. |
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:#Detainee trained at [[Al Farouq training camp]] in Afghanistan during September 2001. |
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:#''One of detainee’s known aliases was on a [[suspicious list (OARDEC)|list of captured Al Qaeda member]] that was discovered on a computer hard drive associated with a senior Al Qaeda member. |
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:#Detainee was trained on the [[Kalashnikov]] rifle, Pakistan [[machine gun]], and a Russian pistol at the [[Al Farouq training camp]]. |
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:#One of [[known alias (OARDEC)|detainee’s known aliases]] was on a [[suspicious list (OARDEC)|list of captured Al Qaeda member]] that was discovered on a computer hard drive associated with a senior [[Al Qaeda member]]. |
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:'''b The detainee participated in military operations against the coalition. |
:'''b The detainee participated in military operations against the coalition. |
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:# |
:#Detainee was a fighter at [[Tora Bora]]. |
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===Testimony=== |
===Testimony=== |
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Allaithy denied any association with Al Qaida or the Taliban. He had gone to Afghanistan to teach English and Arabic, not religious topics. |
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Allaithy denied any association with [[Al Qaida]] or the Taliban. He had gone to Afghanistan to teach English and Arabic, not religious topics. |
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He acknowledged trying to lie about his identity when he tried to cross the Pakistan border. He did so because he feared being returned to Egypt. He had not been a part of any movement in Egypt. But he had been a vocal advocate of openness and democracy, and this made him a marked man in Egypt. His passport had expired, so he couldn't leave Pakistan, except to go to Afghanistan, where, under the Taliban, there was no border control. |
He acknowledged trying to lie about his identity when he tried to cross the Pakistan border. He did so because he feared being returned to Egypt. He had not been a part of any movement in Egypt. But he had been a vocal advocate of openness and democracy, and this made him a marked man in Egypt. His passport had expired, so he couldn't leave Pakistan, except to go to Afghanistan, where, under the Taliban, there was no border control. |
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He denied fighting or ever bearing any weapons. |
He denied fighting or ever bearing any weapons. |
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==Determined not to have been an Enemy Combatant== |
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===Determination=== |
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Allaithy was one of the 38 detainees determined "[[no longer enemy combatant|no longer enemy combatant]]" (see the article for an explanation of this phrase). |
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The [[Washington Post]] reports that Al Laithy was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.<ref name=WapoNlec> [http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref><ref name=DoDNlecList20071119> |
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{{cite news |
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| url=http://media.miamiherald.com/smedia/2008/03/27/20/NLEC_DetaineeList.source.prod_affiliate.56.pdf |
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| title=Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo |
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| publisher=[[United States Department of Defense]] |
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| author= |
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| date=[[November 19]], [[2007]] |
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| accessdate=2008-04-15 |
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| quote= |
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}}</ref> |
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The Department of Defense refers to these men as [[No Longer Enemy Combatants]]. |
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==Repatriation to Egypt== |
==Repatriation to Egypt== |
Revision as of 15:05, 26 April 2008
Sami Abdul Aziz Salim Allaithy | |
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Detained at | Guantanamo |
ISN | 287 |
Charge(s) | no charge, held in extrajudicial detention |
Status | Determined not to have been an enemy combatant after all |
Sami Abdul Aziz Salim Allaithy (born October 28 1956) is a citizen of Egypt, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 287. Joint Task Force Guantanamo counter-terrorism analysts report he was born on October 28 1956 in Shubrakass Egypt.
Background
Prior to the Invasion of Afghanistan Al Laithi was teaching English and Arabic at Kabul University.
During his stay at Camp Delta Al Laithi was rendered a paraplegic.[2] Al Laithi says shortly after his arrival in Cuba, during a beating administered in the prison hospital, a guard threw him on the floor, and stomped on his back. He says he has been in constant pain ever since.
Al Laithi says the beating crushed two of his vertebrae, confining him to a wheelchair. He says he believes that the prison authorities denied him medical care that would have prevented him being crippled.
Al Laithi is one of the small percentage of Guantanamo detainees who, during his Combatant Status Review Tribunal, was determined not to have been an "enemy combatant" after all.
Al Laithi has a long record of criticism of the Egyptian government. He does not wish the Americans to return him to Egypt, now that they have determined that he has no ties to terrorism. As of September 2005 he remained confined to Camp Delta.
Al Laithi's lawyer, Clive Stafford Smith, has asked for Al Laithi to get medical care for his injuries, for the release of his prison medical records, and for him to be released from solitary confinement. Al Lathi remained in solitary confinement, after he had been determined to have been an innocent bystander, unlike the detainees who had been determined to have been Chinese dissidents, who were housed in the more amenable Camp Iguana.
Combatant Status Review Tribunal
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 U.S. 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 Sami Abdul Aziz Salim Allaithy Combatant Status Review Tribunal, on 12 November 2004.[5] The memo listed the following allegations against him:
- * The detainee is a member of al Qaida:
- The detainee lived for approximately one year in a Khost, Afghanistan guesthouse.
- The detainee moved to Kabul to teach in a Taliban madrassas [sic].
- The detainee admits to fleeing Afghanistan to Pakistan, after being wounded by a bomb.
- The detainee was fleeing Afghanistan with several other people who were all armed with automatic weapons.
- The detainee was captured in Dec 2001, and when captured used an alias.
Transcript
Allaithy chose to participate in his Combatant Status Review Tribunal.[6] On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a seven page summarized transcript from his Combatant Status Review Tribunal.[7]
Allegations as read aloud during his Tribunal
The allegations, as read aloud during his Tribunal, differed markedly from those recorded on his Summary of Evidence memo:
- a The detainee is associated with Al Qaeda and is a Taliban fighter.
- Detainee was recruited to fight in Kashmir and Chechnya by a Jihadist recruiter in Saudi Arabia.
- Detainee joined the Taliban after receiving a Fatwa from Sheik Ha Al-Uqla at the Iman Muhammad Bin Saud College in Burayda, Saudi Arabia.
- Detainee trained at Al Farouq training camp in Afghanistan during September 2001.
- Detainee was trained on the Kalashnikov rifle, Pakistan machine gun, and a Russian pistol at the Al Farouq training camp.
- One of detainee’s known aliases was on a list of captured Al Qaeda member that was discovered on a computer hard drive associated with a senior Al Qaeda member.
- b The detainee participated in military operations against the coalition.
- Detainee was a fighter at Tora Bora.
Testimony
Allaithy denied any association with Al Qaida or the Taliban. He had gone to Afghanistan to teach English and Arabic, not religious topics.
He acknowledged trying to lie about his identity when he tried to cross the Pakistan border. He did so because he feared being returned to Egypt. He had not been a part of any movement in Egypt. But he had been a vocal advocate of openness and democracy, and this made him a marked man in Egypt. His passport had expired, so he couldn't leave Pakistan, except to go to Afghanistan, where, under the Taliban, there was no border control.
He denied fighting or ever bearing any weapons.
Determined not to have been an Enemy Combatant
The Washington Post reports that Al Laithy was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.[8][9] The Department of Defense refers to these men as No Longer Enemy Combatants.
Repatriation to Egypt
In early October American authorities announced that they had repatriated an Egyptian national back to his home country. Press reports quoted American authorities as saying that the Egyptian had been determined to no longer pose a security threat through an "Administrative Review" -- the follow-on to the Combatant Status Review Tribunal.
But on October 5 2005, a Washington Post article positively identified the Egyptian being repatriated as Al Laithi. The Post quoted Commander Flex Plexico, who said:
- "Prior to returning this detainee to Egypt, the United States received appropriate assurances from the government of Egypt regarding this detainee's treatment upon his return to Egypt. This includes assurances that this individual will continue to be treated humanely, in accordance with Egyptian and international legal obligations, while he remains in Egypt," Plexico said.
According to the article Pentagon spokesmen claimed:
- "This individual's current health problems resulted from an injury sustained before our involvement with him. According to the detainee's statements to us, his injury was sustained in an automobile accident, and the damage has progressed over time," Plexico said.
- "There are no indications that his condition was adversely affected by his detention."
Al Laithi was interviewed by a reporter for Al Ahram on October 26, 2005.[10] In his interview he said that before he was repatriated to Egypt he was sent, briefly, to an American hospital, for an assessment. He reports that the medical records he was given, upon his repatriation, say the loss of the use of his legs was progressive, not sudden. They say it was the result of a traffic accident, before his detention. Al Laithi continues to claim the loss was due to brutal treatment while in custody. He claims the records are a forgery.
References
- ^
OARDEC (May 15 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29.
{{cite web}}
: Check date values in:|date=
(help) - ^ Guantanamo Detainee Says Beating Injured Spine, Washington Post, August 13 2005
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
- ^
"Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. Retrieved 2007-09-22.
{{cite web}}
: Check date values in:|date=
(help) - ^
OARDEC (12 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Allaithy, Sami Abdul Aziz Salim" (PDF). United States Department of Defense. pp. page 31. Retrieved 2008-04-25.
{{cite web}}
: Check date values in:|date=
(help) - ^
OARDEC (date redacted). "Summarized Statement" (PDF). United States Department of Defense. pp. pages 1-7. Retrieved 2008-04-25.
{{cite web}}
: Check date values in:|date=
(help) - ^
"US releases Guantanamo files". The Age. April 4, 2006. Retrieved 2008-03-15.
{{cite news}}
: Check date values in:|date=
(help) - ^ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
- ^
"Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo" (PDF). United States Department of Defense. November 19, 2007. Retrieved 2008-04-15.
{{cite news}}
: Check date values in:|date=
(help) - ^ Deep Wounds, Al Ahram, October 26, 2005