Supreme Court Rejects Guantanamo War Crimes Trials
In 5-3 Decision, Justices Rebuke Bush's Anti-Terror Policy

By William Branigin
Washington Post Staff Writer
Thursday, June 29, 2006; 10:44 AM

The Supreme Court today delivered a stunning rebuke to the Bush administration over its plans to try Guantanamo detainees before military commissions, ruling that the commissions are unconstitutional.

In a 5-3 decision, the court said the trials were not authorized under U.S. law or the Geneva Conventions. Justice John Paul Stevens wrote the opinion in the case, called Hamdan v. Rumsfeld. Chief Justice John G. Roberts Jr. recused himself from the case.

Salim Ahmed Hamdan is seen in this undated file photo. (AP Photo courtesy of Prof. Neal Katyal) (AP)

The ruling, which overturned a federal appeals court decision in which Roberts had participated, represented a defeat for President Bush, who had ordered military trials for detainees at the Guantanamo Bay naval base. About 450 detainees captured in the war on terrorism are currently held at the U.S. naval base in Cuba.

The case of Salim Ahmed Hamdan, a 36-year-old Yemeni with links to al-Qaeda, was considered a key test of the judiciary's power during wartime and carried the potential to make a lasting impact on American law. It challenged the very legality of the military commissions established by President Bush to try terrorism suspects.

The case raised core constitutional principles of separation of powers as well as fundamental issues of individual rights. Specifically, the questions concerned:

¿ The power of Congress and the executive to strip the federal courts and the Supreme Court of jurisdiction.

¿ The authority of the executive to lock up individuals under claims of wartime power, without benefit of traditional protections such as a jury trial, the right to cross-examine one's accusers and the right to judicial appeal.

¿ The applicability of international treaties -- specifically the Geneva Conventions on the treatment of prisoners of war -- to the government's treatment of those it deems "enemy combatants."

Hamdan was captured by Afghan militiamen in late November 2001 after the radical Islamic Taliban movement was driven from power in Afghanistan by U.S.-backed Afghan forces. He was subsequently turned over to U.S. authorities, who sent him to the U.S. detention facility at the Guantanamo Bay naval base in Cuba in 2002.

He acknowledged that he had worked as a bodyguard and driver for Osama bin Laden, whom he met in Afghanistan in 1996. But he denied having any role in the Sept. 11, 2001, terrorist attacks carried out by bin Laden's al-Qaeda network.

On Nov. 13, 2001 -- the day the Afghan capital, Kabul, fell to U.S.-backed forces after five years of Taliban rule -- President Bush issued Military Order No. 1 declaring that military commissions would try foreign terrorist suspects for alleged war crimes and sentence them to punishments including death. The administration argued that the commissions were authorized by laws on military justice, by a congressional resolution passed on Sept. 14, 2001, and by the powers vested in the president as commander in chief under the U.S. Constitution.

Hamdan later became one of the first 10 detainees at Guantanamo chosen to face military trials. He was charged in July 2004 with conspiracy to commit terrorism and war crimes while serving as a weapons courier and driver for bin Laden and other top al-Qaeda members. If convicted, he faced a maximum sentence of life in prison.

Military prosecutors alleged that Hamdan delivered arms, ammunition and other supplies to al-Qaeda fighters, picked up weapons at Taliban warehouses and drove or accompanied bin Laden to appearances at al-Qaeda training camps and other events. During these appearances, bin Laden would give speeches encouraging followers to carry out suicide attacks and engage in holy war against Americans, the prosecution alleged.

Specifically, prosecutors charged, Hamdan served as a driver in a convoy in which bin Laden fled potential U.S. reprisal attacks in Afghanistan at the time of the al-Qaeda bombings of two U.S. embassies in East Africa in 1998 and the attacks on the World Trade Center and Pentagon on Sept. 11, 2001. In addition, he allegedly received weapons training at al-Qaeda's Farouq training camp in southern Afghanistan on various occasions between 1996 and 2001.

In April 2004, Hamdan, represented by Georgetown University law professor Neal K. Katyal, , filed a petition for habeas corpus, challenging the legality of his detention. While the petition was pending before the U.S. District Court in Washington, the government formally filed the conspiracy charges against him and set in motion his trial before a military commission.

In August 2004, Hamdan appeared in a makeshift courtroom at Guantanamo as the U.S. military formally opened its first trial of an alleged al-Qaeda collaborator. His appearance, after nearly three years in detention, marked the first time that the United States had used military commissions to try war crimes suspects since World War II.

Hamdan's military attorney promptly attacked the military commission process, calling it unfair, and challenged the qualifications of the presiding officer and several other members.

In November 2004, the U.S. District Court granted Hamdan's habeas petition in part, ordering a halt to the military commission. The court ruled that Hamdan could not be tried by a military commission unless a competent tribunal determined that he was actually an "unlawful combatant" and not a prisoner of war under the 1949 Geneva Convention.

Hamdan maintained that instead of facing a military commission under a presidential order, he should be tried by a court martial under the U.S. Code of Military Justice in accordance with the 1949 convention. That would afford him the same rights accorded to U.S. military personnel tried by courts martial, rather than the restrictions he would encounter in a military commission. Human rights groups have charged that the commissions' rules do not meet international standards for fair trials.

The Bush administration appealed the District Court's ruling, and the Defense Department meanwhile gave Hamdan and other Guantanamo detainees hearings before a Combatant Status Review Tribunal. In Hamdan's case, the tribunal affirmed that he was an enemy combatant requiring continued detention. It said he was "either a member of or affiliated with al-Qaeda."

In July 2005, the U.S. Court of Appeals for the District of Columbia Circuit overturned the District Court's decision, breathing new life into the military commissions. The appeals court said the Geneva Convention does not apply to al-Qaeda members and that the military commissions were authorized by Congress.

The Supreme Court agreed in November last year to hear Hamdan's appeal of the ruling. Chief Justice Roberts, one of the judges who voted against Hamdan's appeal when he served on the appeals court, recused himself from the case.

Congress entered the fray in December, passing the Detainee Treatment Act, which stripped federal courts of jurisdiction over Guantanamo detainees' habeas corpus petitions that were "pending on or after" the date of the law's enactment. The act also provided an alternative military process for reviewing the enemy combatant status of detainees and designated the D.C. Circuit appeals court as the sole venue for appeals of military commission verdicts.

Arguing that the act implicitly accepts the legitimacy of the military commissions and that it disallows Hamdan's habeas petition, the administration asked the Supreme Court in January to dismiss the case. Administration lawyers said the proper time for Hamdan to file a constitutional challenge was after his trial before a military commission.

Names of the Detained in Guantanamo Bay, Cuba
Until March 3rd, the Pentagon had declined to identify the detainees at Guantanamo Bay Military Prison, most of whom were captured in Afghanistan during and after the 2001 war there. As a result of an Associated Press Freedom of Information Act request and lawsuit, the Department of Defense released the unredacted transcripts of Combatant Status Review Tribunals and Administrative Review Boards.

Special Report
Guantanamo Prison

The Archived List
From 2002 to May 2006, Washington Post researchers compiled the names and countries of origin of detainees in Guantanamo from unofficial, public sources: news accounts, legal documents (such as habeas corpus petitions and from the CSRT tribunals), interviews with attorneys and relatives, and information from detainee support sites on the Web. The Post printed only names that it had verified from a single reputable source or multiple sources. Some names were transliterated from Arabic or had alternative spellings. The collection was the largest list of names made public at that point, encompassing: more than 550.

Many names came from two Web sites that monitor the status of Guantanamo detainees: the Arabic-language Alasra and the Britain-based CagePrisoners. The two sites, which advocate the release of the detainees, have published lists of names, photographs and documents provided by families. Alasra is registered to an unknown individual in Saudi Arabia, and CagePrisoners is registered to a group of Muslim computer programmers based in Britain.

The Archived List
The Pentagon List
On May 15, 2006, the Pentagon released to the Associated Press the first comprehensive list of everyone who has been held at Guantanamo Bay, more than four years after it opened the detention center. Two-hundred and one of the names had not been disclosed by the Defense Department before. That more complete register follows below. Post researchers will continue to monitor the names on this new list to verify the information previously reported and will provide updates as they are available.

See Also
Detainees Charged by Military Commissions
Detainees Classifed as "No Longer Enemy Combatants" (NLECs)
Related Stories
Courted as Spies, Held as Combatants (Post, April 2, 2006)
In Guantanamo Bay Documents, Prisoners Plead for Release (Post, March 5, 2006)
Holding Cell In War on Terror (Post, May 2, 2004)
Guantanamo Bay Detainees by Nationality
Afghanistan | Algeria | Australia | Azerbaijan | Bahrain | Bangladesh | Belgium | Canada | Chad | China | Denmark | Egypt | Ethiopia | France | Iran | Iraq | Jordan | Kazakhstan | Kuwait | Lebanon | Libya | Maldives | Mauritania | Morocco | Pakistan | Palestine | Qatar | Russia | Saudi Arabia | Somalia | Spain | Sudan | Sweden | Syria | Tajikistan | Tunisia | Turkey | Turkmenistan | Uganda | United Arab Emirates | United Kingdom | Uzbekistan | West Bank | Yemen
Afghanistan
Name Nationality Released Age (approximate) Birthplace NLEC
Abasin, Said Afghanistan Yes 24 Khan o Khel, Afghanistan
Abulwance, Yamatolah Afghanistan Yes 29 Kandahar, Afghanistan
Achezkai, Haji Mohammed Khan Afghanistan Yes 29 Kabul, Afghanistan
Adam Gul, Ataullah Afghanistan Yes 24 Khushawa, Afghanistan
Ahmad, Abdul Afghanistan No 52 Roy E Sang, Afghanistan
Ahmad, Noor Afghanistan Yes 33 Moqur, Afghanistan
Ahmed, Feda


Status Review Tribunal Transcript Afghanistan Yes 29 Kandahar, Afghanistan Yes
Ahmed, Shabir Afghanistan No 35 Badakhshan, Afghanistan
Akhbar, Mohammad Afghanistan Yes 50 Ghowr Band, Afghanistan
Akhtar Mohammed, Rostum Afghanistan Yes 26 Musa Qala, Afghanistan
Al Ansari, Faris Muslim Afghanistan No 22 Mukala, Yemen
Al Kunduzi, Umar Abdullah Afghanistan No 27 Konduz, Afghanistan
Alikhan, Mahngur Afghanistan Yes 48 Gomal, Pakistan
Alikozi, Amanullah Afghanistan Yes 31 Deh Raud, Afghanistan
Aliza, Abdul Rauf Afghanistan No 25 Azan Village, Afghanistan
Alizai, Nematullah Sahib-Khan Afghanistan Yes 48 Azan, Afghanistan
Allah, Noor Afghanistan Yes 35 Uruzgan, Afghanistan
Aman Afghanistan No 49 Malik Village Kardez, Afghanistan
Andarr, Abdul Al-Hameed Mohammed Afghanistan Yes 39 Zormat, Afghanistan
Asekzai, Azizullah Afghanistan Yes 26 Karez, Afghanistan
Aslaam, Noor Afghanistan Yes 24 Warna, Pakistan
Azimullah Afghanistan No 24 North Waziristan, Pakistan
Badr, Badruzzan Afghanistan Yes 36 Jalalabad, Afghanistan
Bagi, Abdul Afghanistan No 34 Kandahar, Afghanistan
Baqi, Abdul Afghanistan Yes 64 Tark Itmak, Afghanistan
Barak, Fnu Afghanistan Yes 34 Surgay, Afghanistan
Barakzai, Jon Mohammad Afghanistan Yes 39 Sarwan Qala, Afghanistan
Baridad Afghanistan No 53 Helmand, Afghanistan
Bismaullah, Fnu 2 Afghanistan Yes Unknown Baghran, Afghanistan
Bismillah Afghanistan Yes 54 Oruzgan, Afghanistan
Bismillah 2, Fnu Afghanistan Yes 38 Pirwan Siagird, Afghanistan
Bismullah, Haji Afghanistan No 27 Musa Qala, Afghanistan
Bullar, Mohi Afghanistan No 25 Urezgon, Afghanistan
Chaman, Gul Afghanistan No 43 Osman, Hazro, Logar, Afghanistan
Dad, Khudai Afghanistan No 49 Tarak, Afghanistan
Daoud, Mohamman Afghanistan No 27 Emam Saheb, Afghanistan
Darwaish, Naibullah


Status Review Tribunal Transcript Afghanistan Yes 39 Jalazai, Afghanistan Yes
Din, Juma Afghanistan No 33 Alinghan, Afghanistan
Edmondada, Abdullah Afghanistan Yes 46 Kandahar, Afghanistan
Ehsanullah Afghanistan Yes 33 Farah, Afghanistan
Ehssanullah Afghanistan Yes 29 Sarwan Qala, Afghanistan
Esmatulla, Fnu Afghanistan No 29 Dekundie, Afghanistan
Esmhatulla, Qari Afghanistan No 22 Ramsha, Pakistan
Far Huddine, Bar Afghanistan Yes 29 Tora Oba, Afghanistan
Farhad, Din Mohammed Afghanistan Yes 30 Konduz, Afghanistan
Farouq, Mohammed Nayim Afghanistan Yes 46 Zatoon Kahil, Afghanistan
Fazl, Mullah Mohammad Afghanistan No 39 Charchno, Afghanistan
Ghafaar, Abdul Afghanistan No 48 Kandahar, Afghanistan
Ghafour, Abdul Afghanistan No 44 Pattia Province, Afghanistan
Ghafour, Shai Jahn Afghanistan Yes 37 Karabagh, Afghanistan
Ghalib, Haji Afghanistan No 43 Nangarhar, Afghanistan
Ghani, Abdul Afghanistan No 34 Afghanistan
Ghani, Abdul 2 Afghanistan No 23 Kandahar, Afghanistan
Ghani, Nabu Abdul Afghanistan Yes 54 Shishawa, Afghanistan
Ghofoor, Abdullah Afghanistan Yes 35 Keshai, Afghanistan
Ghul, Nathi Afghanistan Yes 26 Afghanistan
Ghul, Wazir Zalim Afghanistan Yes 29 Khowst, Afghanistan
Ghuladkhan Afghanistan Yes 26 Jalalabad, Afghanistan
Gul, Awal Afghanistan No 44 Sawati Ghundi
Gul, Dawd Afghanistan No 26 Zedana, Afghanistan
Gul, Janat


Status Review Tribunal Transcript Afghanistan No 33 Sarpolad, Afghanistan Yes
Gul, Khi Ali Afghanistan No 43 Khowst, Afghanistan
Gul, Mohammad Afghanistan Yes 44 Zamikhel, Afghanistan
Gul Ghaman, Nasser Afghanistan No 26 Manikhel, Afghanistan
Hafiz, Abdul Afghanistan No 45 Afghanistan
Hafizullah, Fnu Afghanistan No 32 Afghanistan
Hamdullah, Fnu Afghanistan Yes 32 Kushki Nakod, Afghanistan
Hamidullah Afghanistan No 43 Kabul, Afghanistan
Hamidullah, Fnu Afghanistan Yes 26 Konduz, Afghanistan
Hanan, Abdul Afghanistan Yes 48 Ghazni, Afghanistan
Hasan, Mirwais Afghanistan Yes 26 Afghanistan
Hashim, Mohammed Afghanistan No 30 Qandahar, Afghanistan
Hekmat, Abdullah Afghanistan No 34 Akhcha, Afghanistan
Hezbullah, Fnu Afghanistan Yes 25 Miran Shah, Pakistan
Insanullah, Fnu Afghanistan Yes 26 Afghanistan
Ismail, Mohammed Afghanistan Yes 22 Dourbeni Village, Afghanistan
Jalil, Haji


Status Review Tribunal Transcript Afghanistan Yes 36 Bayanzai, Gereshk District, Afghanistan Yes
Jan, Said Amir Afghanistan No 26 Koozbia, Afghanistan
Jan, Saida Afghanistan No Unknown Konar, Afghanistan
Jawad, Mohamed Afghanistan No 21 Miran Shah, Pakistan
Kabel, Mohamed Afghanistan Yes 43 Parvan Province, Afghanistan
Kadir, Khandan Afghanistan No 37 Safra-andarikhail, Afghanistan
Kahm, Abdul Rahman Abdullah Mohamed Juma Afghanistan No 37 Fara, Afghanistan
Kakar, Mohammed Raz-Mohammed Afghanistan Yes 29 Khod, Afghanistan
Kamin, Mohammed Afghanistan No 28 Unknown
Kandahari, Kako Afghanistan No 36 Ghulayie, Afghanistan
Karim, Abdul Afghanistan Yes 24 Sangin, Afghanistan
Karim, Bostan Afghanistan No 36 Khowst, Afghanistan
Khail, Hafizullah Shabaz Afghanistan No 60 Paktia, Afghanistan
Khairkhwa, Khirullah Said Wali Afghanistan No 39 Kandahar, Afghanistan
Khan, Abdullah Afghanistan No 50 Ghawchak, Afghanistan
Khan, Alif Afghanistan Yes 38 Khowst, Afghanistan
Khan, Anwar Afghanistan No 39 Konar, Afghanistan
Khan, Ezat Afghanistan Yes 40 Sei, Afghanistan
Khan, Hazrat Sangin Afghanistan Yes 29 Lowal, Afghanistan
Khan, Hukumra


Status Review Tribunal Transcript Afghanistan Yes 32 Chenna Village, Afghanistan Yes
Khan, Janan Taus Afghanistan Yes 25 Kandahar, Afghanistan
Khan, Juma Afghanistan Yes 34 Kona Charbolak, Afghanistan
Khan, Kakai Afghanistan No 35 Gardez, Afghanistan
Khan, Mohabet Afghanistan No 34 Alipoor, Pakistan
Khan, Mohammed Afghanistan Yes 24 Shah Toria, Afghanistan
Khan, Osman Afghanistan Yes 54 Bermel, Afghanistan
Khan, Shardar Afghanistan No 24 Gardez, Afghanistan
Khan, Shawali Afghanistan No 43 Kandahar, Afghanistan
Khan, Swar Afghanistan No 36 Khowst, Afghanistan
Khan, khan, haji Afghanistan No 71 Kabul, Afghanistan
Khirullah Akah Afghanistan Yes Unknown Afghanistan
Kuchi, Haji Niam Afghanistan Yes 66 Logar, Afghanistan
Layar, Sabit Afghanistan Yes 25 Sawali Khot, Afghanistan
Lnu, Amanullah Afghanistan Yes 43 Unknown
Lnu, Sharifullah Afghanistan No 26 Jalalabad, Afghanistan
Malang, Nassir Afghanistan Yes 34 Kandahar, Afghanistan
Matin, Abdul Afghanistan No 41 Jowzjan, Afghanistan
Melma, Sabar Lal Afghanistan No 44 Darya-e-Pech, Afghanistan
Mirmuhammad, Sharghulab Afghanistan Yes 34 Brayiam, Afghanistan
Mohammad, Akhtar Afghanistan Yes Unknown Unknown
Mohammad, Akhtiar Afghanistan No 53 Kundarkheil, Afghanistan
Mohammadullah Afghanistan Yes 32 Manu, Afghanistan
Mohammed, Akhtar Afghanistan No 36 Barogai, Afghanistan
Mohammed, Alif Afghanistan No 60 Helmand, Afghanistan
Mohammed, Haji Faiz Afghanistan Yes Unknown Rasham Village, Afghanistan
Mohammed, Haji Wali Afghanistan No 40 Baghlan, Afghanistan
Mohammed, Mirza Afghanistan Yes 42 Gorband, Afghanistan
Mohammed, Rasool Shahwali Zair Mohammed


Status Review Tribunal Transcript Afghanistan No 28 Lowara, Afghanistan Yes
Mohammed, Said Afghanistan No 29 Afghanistan
Mohammed, Sultan Afghanistan Yes 30 Qal eh, Afghanistan
Mohammed, Taj Afghanistan No 25 Afghanistan
Mohammed, Wali Afghanistan Yes 42 Kandahar, Afghanistan
Muhammed, Peta Afghanistan Yes 21 Gardez, Afghanistan
Muhibullah, Fnu Afghanistan No 24 Shah Wali Koot, Afghanistan
Mujahid Afghanistan No 35 Paktia, Afghanistan
Muslimdost, Abdul Rahim


Status Review Tribunal Transcript Afghanistan Yes 46 Nangarhar, Afghanistan Yes
Must, Yarass Ali Afghanistan Yes 34 Unknown
Naserullah, Fnu Afghanistan No 26 Helmand, Afghanistan
Nasim, Mohammad


Status Review Tribunal Transcript Afghanistan Yes 33 Shahidan, Afghanistan Yes
Nasim, Mohammed Afghanistan No 44 Pai Warzai, Afghanistan
Nasim, Mohammed Afghanistan No 26 Megan, Afghanistan
Nasir, Abdul Afghanistan No 25 Kabul, Afghanistan
Nasir, Allah Afghanistan No 59 Zalahka, Afghanistan
Nasrat Yar, Hiztullah Afghanistan No 36 Surubee, Afghanistan
Nasrullah, Fnu Afghanistan No 27 Oruzgan, Afghanistan
Noor, Habib


Status Review Tribunal Transcript Afghanistan Yes 38 Mangal Village, Afghanistan Yes
Noorallah, Haji Afghanistan No 35 Andkhoy, Afghanistan
Noorani, Abdul Rahman Afghanistan Yes 33 Afghanistan
Noori, Mullah Norullah Afghanistan No 39 Shajoie, Afghanistan
Obaidullah Afghanistan No 26 Khowst, Afghanistan
Omari, Mohammad Nabi Afghanistan No 38 Khowst, Afghanistan
Peerzai, Qari Hasan Ulla Afghanistan No 29 Baghran, Afghanistan
Quasam, Mohammed Afghanistan No 29 Bamian, Afghanistan
Qudus, Abdul Afghanistan Yes 18 Nadali, Afghanistan
Rahim, Abdul Afghanistan Yes 31 Sharshar, Afghanistan
Rahim, Mohamed Afghanistan No Unknown Ghazni, Afghanistan
Rahmad, Nisar Afghanistan Yes 26 Afghanistan
Rahman, Abdul Afghanistan No 30 Haji Baras, Afghanistan
Rahman, Fizaulla Afghanistan No 28 Sancharak, Afghanistan
Rahman, Habib Afghanistan No 24 Mansaira, Pakistan
Rahman, Mahbub Afghanistan No 21 Khowst, Afghanistan
Rahman, Murtazah Abdul Afghanistan Yes 30 Nadali, Afghanistan
Rahman, Shed Abdur


Status Review Tribunal Transcript Afghanistan Yes 41 Pishin, Pakistan Yes
Rahmatullah, Fnu Afghanistan Yes 25 Helmand, Afghanistan
Rasool, Habib Afghanistan No 51 Khowst, Afghanistan
Rasoul, Abdullah Gulam Afghanistan No 33 Hilmand, Afghanistan
Raz, Mohammed Afghanistan Yes 37 Unknown
Razak, Abdul Afghanistan No 48 Kandahar, Afghanistan
Razaq, Abdul Afghanistan Yes 35 Tashkent, Uzbekistan
Razzak, Abdul Afghanistan No 67 Kandahar, Afghanistan
Razzaq, Abdul Afghanistan No 42 Kadahal, Afghanistan
Ruhani, Gholam Afghanistan No 31 Ghazni, Afghanistan
Sadik, Mahmud Afghanistan Yes 54 Unknown
Sadiq, Mohammed Afghanistan Yes 93 Unknown
Salaam, Abdul Afghanistan No 31 Birmal, Afghanistan
Samad, Abdul Afghanistan Yes 24 Zormat, Afghanistan
Sangaryar, Rahmatullah Afghanistan No 38 Oruzgan, Afghanistan
Sarajuddin, Abib Afghanistan No 64 Zamikhel, Afghanistan
Sargidene, Mohammed Afghanistan Yes 29 Archasan, Afghanistan
Sarwar, Kari Mohammed Afghanistan Yes 28 Ashakay Village, Afghanistan
Sayed, Abdul Hadi Muhamed Rasul Afghanistan Yes 33 Helmand, Afghanistan
Shah, Ali Afghanistan No 47 Gardez, Afghanistan
Shah, Nahir Afghanistan No 33 Kaplsa, Afghanistan
Shah, Qalandar


Status Review Tribunal Transcript Afghanistan Yes 33 Kandahar, Afghanistan Yes
Shah, Said Mohammed Alim Afghanistan Yes 28 Helmand, Afghanistan
Shah, Solaiman Dur Mohammed Afghanistan Yes 29 Panjwaee, Afghanistan
Shah, Zakim Afghanistan Yes 23 Tora Oba, Afghanistan
Shaheen Shahwali Zair Mohammed, Naqeebyllah


Status Review Tribunal Transcript Afghanistan Yes 30 Khowst, Afghanistan Yes
Shahzada, Haji


Status Review Tribunal Transcript Afghanistan Yes 47 Belanday, Afghanistan Yes
Sharbat Afghanistan No 33 Khairo Village, Afghanistan
Sharif, Mohammed Afghanistan No 30 Kalina, Afghanistan
Sohail, Mohammed Mustafa Afghanistan No 25 Jalalabad, Afghanistan
Tahir, Mohammed Afghanistan Yes 31 Mirkhan Khail, Afghanistan
Torjan, Shaibjan Afghanistan No 29 Kandahar, Afghanistan
Tukhi, Aminullah Baryalai Afghanistan Yes 34 Heart, Afghanistan
Ullah, Amin Afghanistan No 50 Chogha, Afghanistan
Ullah, Asad Afghanistan Yes 18 Paktia, Afghanistan
Ullah, Faiz Afghanistan No 50 Bamian, Afghanistan
Ullah, Naqib Afghanistan Yes 18 Zargary Camp, Pakistan
Ullah, Noor Habib Afghanistan Yes 26 Jalalabad, Afghanistan
Ullah, Shams Afghanistan No 20 Gulnoom Khan, Afghanistan
Wahab, Abdul Afghanistan No 38 Afghanistan
Waheed, Abdul Afghanistan Yes 34 Musa Qala, Afghanistan
Wakil, Haji Sahib Rohullah Afghanistan No 44 Jalalabad, Afghanistan
Wali, Badshah Afghanistan Yes 29 Khowst, Afghanistan
Walijan, Neyaz Afghanistan Yes 44 Khowst, Afghanistan
Wasiq, Abdul Haq Afghanistan No 35 Ghazni, Afghanistan
Wazir, Abdullah Afghanistan No 27 Sheikh Amir, Afghanistan
Wazir, Haji Mohammed Afghanistan Yes 63 Lashkargh City, Afghanistan
Wazir, Padsha


Status Review Tribunal Transcript Afghanistan Yes 34 Kundai, Afghanistan Yes
Yacoub, Mohammed Afghanistan No 30 Khwazak, Afghanistan
Yakubi Afghanistan No 40 Gardiz, Afghanistan
Yaqub, Mohammed Yusif Afghanistan Yes Unknown Nimbrooz, Afghanistan
Yar, Kushky Afghanistan No 43 Lejay Village, Afghanistan
Yousef, Mohammed Haji Afghanistan Yes 39 Bermal, Afghanistan
Zaeef, Abdul Salam Afghanistan No 39 Kandahar, Afghanistan
Zahir, Abdul


Formal Charges Afghanistan No 34 Hasarak, Afghanistan
Zahir, Mohommod Afghanistan No 53 Ghazni, Afghanistan
Zahor, Abdul Afghanistan No 42 Charikar, Afghanistan
Zaman, Gul


Status Review Tribunal Transcript Afghanistan No 35 Khowst, Afghanistan Yes
Zaman, Khan Afghanistan Yes 44 Zani Khel, Afghanistan
Zumarikourt, Aziz Khan Ali Khan Afghanistan Yes 44 Mushkail, Afghanistan

Algeria
Name Nationality Released Age (approximate) Birthplace NLEC
Abdenour, Sameur Algeria No 33 Algiers, Algeria
Ait Idr, Mustafa Algeria No 36 Sidimhamed, Algeria
Al Hajj, Boudella Algeria No 41 Laghouat, Algeria
Al Qadir, Mohammed Abd Al Algeria No 30 Taot, Algeria
Ameur, Mammar Algeria No 48 L'aghouat, Algeria
Ameziane, Djamel Saiid Ali Algeria No 39 Al Jesera, Algeria
Barhoumi, Sufyian


Formal Charges Algeria No 33 Algiers, Algeria
Bel Bacha, Ahmed Bin Saleh Algeria No 37 Algiers, Algeria
Belkacem, Bensayah Algeria No 44 Wargala, Algeria
Bin Hamlili, Adil Hadi Al Jazairi Algeria No 31 Oram, Algeria
Boucetta, Fethi


Status Review Tribunal Transcript Algeria No 43 Mostaganem, Egypt Yes
Boumediene, Lakhdar Algeria No 40 Ain Soltgane Saeda, Algeria
Farhi, Saiid Algeria No 45 Churchelle, Algeria
Feghoul, Abdulli Algeria No 46 Tiaret, Algeria
Hadjarab, Nabil Algeria No 27 Aentaya, Algeria
Hamlily, Mustafa Ahmed Algeria No 47 Bashare, Algeria
Houari, Abdul Raham Algeria No 26 Algiers, Algeria
Husseini, Abdallah Algeria No 48 Algiers, Algeria
Huwari, Soufian Abar Algeria No 36 Ouran, Algeria
Lahmar, Sabir Mahfouz Algeria No 37 Constantine, Algeria
Naji, Aziz Abdul Algeria No 31 Batna, Algeria
Nechle, Mohammed Algeria No 38 Laghouat, Algeria
Said, Hassan Mujamma Rabai Algeria No 30 Oum el Bouaghi, Algeria
Sayab, Mutij Sadiz Ahmad Algeria No 30 Unknown
Zumiri, Hassan Algeria No 39 Algiers, Algeria

Australia
Name Nationality Released Age (approximate) Birthplace NLEC
Habib, Mamdouh Ibrahim Ahmed Australia Yes 51 Alexandria, Egypt
Hicks, David Matthew


Formal Charges Australia No 35 Adelaide, Australia

Azerbaijan
Name Nationality Released Age (approximate) Birthplace NLEC
Tsiradzho, Poolad T Azerbaijan No 31 Baku, Azerbaijan

Bahrain
Name Nationality Released Age (approximate) Birthplace NLEC
Al Balushi, Salah Abdul Rasul Ali Abdul Rahman Bahrain No 25 Muharraq, Bahrain
Al Dosari, Juma Mohammed Abdul Latif Bahrain No 33 Khabar, Saudi Arabia
Al Khalifa, Sheikh Salman Ebrahim Mohamed Ali Bahrain Yes 27 Rifah, Bahrain
Al Murbati, Issa Ali Abdullah Bahrain No 41 Manama, Bahrain
Al Noaimi, Abdullah Bahrain Yes 24 Manama, Bahrain
Al Wadi, Adil Kamil Abdullah Bahrain Yes 42 Muharak, Bahrain

Bangladesh
Name Nationality Released Age (approximate) Birthplace NLEC
Hashem, Mubarak Hussain Bin Abul Bangladesh No 28 Baria, Bangladesh

Belgium
Name Nationality Released Age (approximate) Birthplace NLEC
Sen, Mesut Belgium Yes 26 Brussels, Belgium
Zemmori, Mosa Zi Belgium Yes 28 Wilryk, Belgium

Canada
Name Nationality Released Age (approximate) Birthplace NLEC
Khadr, Abdul Canada Yes 25 Unknown
Khadr, Omar Ahmed


Formal Charges Canada No 20 Toronto, Canada

Chad
Name Nationality Released Age (approximate) Birthplace NLEC
Al Qarani, Muhammed Hamid Chad No 20 Medina, Saudi Arabia

China
Name Nationality Released Age (approximate) Birthplace NLEC
Abbas, Yusef China No 26 Aksu, China
Abdul Rahman, Abdul Ghappar China No 33 Kucha, China
Abdulahat, Emam China No 29 Konashahar, China
Abdulghupur, Hajiakbar China No 32 Ghulja, China
Abdulhehim, Adel


Status Review Tribunal Transcript China Yes 32 Ghulja, China Yes
Abdulqadirakhun, Abdullah China No 27 Xinjian, China
Abdurehim, Dawut China No 32 Ghulja, China
Adil, Ahmed


Status Review Tribunal Transcript China Yes 33 Kashkar, China Yes
Anvar, Hassan China No 32 Urumchi, China
Ayub, Haji Mohammed China Yes 22 Toqquztash, China Yes
Basit, Akhdar Qasem


Status Review Tribunal Transcript China Yes 33 Ghulja, China Yes
Khalik, Saidullah China No 29 Ghulja, China
Mahmud, Arkin China No 42 Ghulja, China
Mahnut, Bahtiyar China No 30 Ghulja, China
Mamut, Abdul Helil China No 29 Kashkar, China
Mohamed, Ahmed China No 28 Artush, China
Mohammed, Nag China No 31 Khulga, China
Noori, Adel China No 27 Xing Xiang, China
Parhat, Hozaifa China No 35 Ghulja, China
Qassim, Abu Bakker China Yes 37 Ghulja, China Yes
Razak, Abdul China No Unknown Atush, China
Tourson, Ahmad China No 35 Xinjiang, China

Denmark
Name Nationality Released Age (approximate) Birthplace NLEC
Abderrahmane, Slimane Hadj Denmark Yes 33 Roskilde, Denmark

Egypt
Name Nationality Released Age (approximate) Birthplace NLEC
Al Mishad, Sharif Fati Ali Egypt No 30 Shabin El Kom, Egypt
Al Sawah, Tariq Mahmoud Ahmed Egypt No 49 Alexandria, Egypt
Al-Waleeli, Fael Roda Egypt Yes 40 Mansura, Egypt
Algazzar, Adel Fattough Ali Egypt No 41 Cairo, Egypt
Allaithy, Sami Abdul Aziz Salim


Status Review Tribunal Transcript Egypt Yes 50 Shubrakass, Egypt Yes
Salim, Ala Abdel Maqsud Muhammad Egypt No 39 Al-Bajoor, Egypt Yes

Ethiopia
Name Nationality Released Age (approximate) Birthplace NLEC
Binyam, Mohammed Ahmed


Formal Charges Ethiopia No 28 Addis Ababa, Ethiopia

France
Name Nationality Released Age (approximate) Birthplace NLEC
Achab Kanouni, Imad France Yes 29 Casablanco, Morocco
Benchellali, Mourad France Yes 25 Venissieu, France
Khalid, Ridouane France Yes 39 Villenoble, France
Mustafa, Khaled Ben France Yes 34 Lyons, France
Patel, Ali Mustafa


Status Review Tribunal Transcript France Yes 44 Medina, Saudi Arabia Yes
Sassi, Nizar France Yes 27 Lyons, France
Yadel, Brahim France Yes 35 Aubervilliers, France

Iran
Name Nationality Released Age (approximate) Birthplace NLEC
Bamari, Bakhtiar Iran Yes 25 Damon, Iran
Kurd, Mohamed Anwar Iran Yes 27 Zahedan, Iran
Muhammed, Abdul Majid Iran No 27 Zahedan, Iran

Iraq
Name Nationality Released Age (approximate) Birthplace NLEC
Abdul Said, Hassan Iraq No 30 Basra, Iraq
Al Karim, Arkan Mohammad Ghafil Iraq No 30 Dekar, Iraq
Al Naely, Abbas Habid Rumi Iraq No 38 Al Amin, Iraq
Al Rawi, Bisher Amin Khalil Iraq No 37 Baghdad, Iraq
Al Tamimi, Haydar Jabbar Hafez Iraq No 33 Kute, Iraq
Mohhamed, Sohab Mahud Iraq No 25 Piboss, Iraq
Sadkhan, Jawad Jabber Iraq No 39 Diwaniya, Iraq
Tayeea, Ali Abdul Motalib Awayd Hassan Al Iraq No Unknown Baghdad, Iraq

Jordan
Name Nationality Released Age (approximate) Birthplace NLEC
Abdul Hamid, Hassan Khalil Mohamoud Jordan Yes 45 Amman, Jordan
Abdul Wahab Al Asmr, Khalid Mahomoud


Status Review Tribunal Transcript Jordan Yes 43 Irbid, Jordan Yes
Ahmad, Osam Abdul Rahan Jordan Yes 30 Al-Zarqa, Jordan
Al Amrani, Ayman Mohammad Silman Jordan Yes 28 Muthalthal Ardha, Jordan
Al Husayn, Zaid Muhamamd Sa'Ad Jordan No 32 Amman, Jordan
Elbanna, Abdul Latif Jordan No 54 Jericho, Turkey
Kabir, Usama Hassan Ahmed Abu Jordan No 36 Al Rusayfa, Jordan
Suleyman, Ahmed Hassan Jamil Jordan No 45 Amman, Jordan

Kazakhstan
Name Nationality Released Age (approximate) Birthplace NLEC
Abahanov, Yakub Kazakhstan No Unknown Semeya, Kazakhstan
Kerimbakiev, Abdulrahim Kazakhstan No 23 Semei, Kazakhstan
Magrupov, Abdullah Tohtasinovich Kazakhstan No 23 Semeya, Kazakhstan

Kuwait
Name Nationality Released Age (approximate) Birthplace NLEC
Al Ajmi, Abdallah Saleh Ali Kuwait Yes 28 Almadi, Kuwait
Al Awda, Fouzi Khalid Abdullah Kuwait No 29 Kuwait City, Kuwait
Al Azmi, Sa Ad Madi Sa Ad Kuwait Yes 27 Doha, Kuwait
Al Dehani, Mohammad Finaytal Kuwait Yes 41 Kuwait City, Kuwait
Al Kandari, Faiz Mohammed Ahmed Kuwait No 31 Kuwait City, Kuwait
Al Mutayri, Khalid Abdullah Mishal Thamer Kuwait Yes 31 Kuwait City, Kuwait
Al Rabia, Fouad Mahoud Hasan Kuwait No 47 Kuwait City, Kuwait
Al Shamari, Abd Al Aziz Sayir Kuwait Yes 33 Al Fahahil, Kuwait
Al-Zamel, 'Adel Zamel 'Abd Al-Mahsen Kuwait Yes 43 Kuwait City, Kuwait
Amin, Omar Rajab Kuwait No 39 Kuwait City, Kuwait
Amtiri, Nasser Najiri Kuwait No 29 Mahwa, Kuwait
Kamel, Abdullah Kamel Abudallah Kuwait No 33 Hawalli, Kuwait

Lebanon
Name Nationality Released Age (approximate) Birthplace NLEC
Diyab, Jihad Ahmed Mujstafa Lebanon No 35 Jedeta, Lebanon

Libya
Name Nationality Released Age (approximate) Birthplace NLEC
Abdelrahan, Abdelrazak Ali Libya No Unknown Unknown
Abdelrahman, Abdelrazak Ali Libya No 36 Al Jilat, Libya
Abu Al Qusin, Abdul Rauf Omar Mohammed Libya No 41 Tripoli, Libya
Abu Bakr, Omar Khalifa Mohammed Libya No 34 Al Bayda, Libya
Al Futuri, Muhammad Abd Allah Mansur Libya No 38 Al Rimi, Yemen
Al Ghazzawi, Abdel Hamid Ibn Abdussalem Ibn Mifte Libya No 44 Tripoli, Libya
Ali Bakush, Ismael Ali Faraj Libya No 38 Al-Khumas, Libya
Bin Qumu, Abu Sufian Ibrahim Ahmed Hamuda Libya No 47 Darna, Libya
Deghayes, Omar Amer Libya No 37 Tripoli, Libya
Ghereby, Salem Abdul Salem Libya No 45 Zletan, Saudi Arabia
Sultan, Ashraf Salim Abd Al Salam Libya No 35 Jedda, Saudi Arabia
Zeidan, Ibrahim Mahdy Achmed Libya No 30 Sorman, Libya

Maldives
Name Nationality Released Age (approximate) Birthplace NLEC
Fauzee, Ibrahim Maldives Yes 28 Thulhaadhoo, Maldives Yes

Mauritania
Name Nationality Released Age (approximate) Birthplace NLEC
Aziz, Ahmed Abdel Mauritania Yes 36 Atar, Mauritania
Mohammad, Mohammad Lameen Sidi Mauritania No 25 Zandeer, Niger
Slahi, Mohamedou Ould Mauritania No 36 Rosso, Mauritania

Morocco
Name Nationality Released Age (approximate) Birthplace NLEC
Ahmad, Abdullah Tabarak Morocco Yes 51 Casablanca, Morocco
Al Shakouri, Radwan Morocco Yes 34 Asafi, Morocco
Awzar, Mohamed Ibrahim Morocco Yes 27 Koreebja, Morocco
Ben Moujan, Muhammad Morocco No 25 Dar Bida, Morocco
Boujaadia, Said Morocco No 38 Casablanca, Morocco
Dergoul, Tarek Morocco Yes 29 Mile End, United Kingdom
Hassan, Muhammad Hussein Ali Morocco No 40 Selwan, Morocco
Ikassrin, Laacin Morocco No 34 Targist, Morocco
Lahassimi, Najib Mohammad Morocco Yes 28 Sattat, Morocco
Mizouz, Mohammed Morocco Yes 33 Casablanca, Morocco
Nasir, Abdul Latif Morocco No 41 Casablanca, Morocco
Rashidi, Ahmed Morocco No 40 Tangier, Morocco
Shakaran, Ibrahim Bin Morocco Yes 27 Casablanca, Morocco
Shokuri, Yunis Abdurrahman Morocco No 38 Asafi, Morocco
Souleimani Laalmai, Mohamad Morocco Yes 30 Casablanca, Morocco

Pakistan
Name Nationality Released Age (approximate) Birthplace NLEC
Abas, Mohammad Pakistan Yes Unknown Village 426, Pakistan
Abu Rahman, Abdul Rabbani Abd Al Rahim Pakistan No 37 Unknown
Ahmad, Bashir Pakistan Yes 30 Chah Kote Wala, Pakistan
Ahmad, Sultan Pakistan Yes 22 Sargodha, Pakistan
Ahmed, Ali Pakistan Yes 24 Baluchistan, Pakistan
Ahmed, Saghir Pakistan Yes 31 Sargodha, Pakistan
Ahmed, Sar Faraz Pakistan Yes 40 Lahore, Pakistan
Akbar, Mohammed Pakistan Yes 33 Helmand, Afghanistan
Al-Deen, Jamal Muhammad Pakistan / Bangladesh Yes 39 Feni, Bangladesh
Ali, Said Saim Pakistan Yes 29 Karachi, Pakistan
Alikhel, Sha Mohammed Pakistan Yes 25 Swaat, Pakistan
Amin, Aminulla Pakistan Yes Unknown Chaman, Pakistan
Ansar, Mohammed Pakistan Yes 25 Jalan Makhdoom, Pakistan
Anwar, Mohammed Pakistan Yes 26 Pakistan
Ashraf, Mohammed Pakistan Yes 26 Kalaswala, Pakistan
Ayub, Haseeb Pakistan Yes 32 Budho, Pakistan
Ayubi, Salahodin Pakistan Yes 32 Lahore, Pakistan
Fazaldad, Fnu Pakistan No 24 Atian, Pakistan
Fiyatullah, Kay Pakistan Yes 23 Narmasperlay, Pakistan
Hafez, Khalil Rahman Pakistan No 22 Punjab, Pakistan
Hudin, Salah Pakistan / Afghanistan Yes 24 Jalalabad, Afghanistan
Ijaz, Mohammed Pakistan Yes Unknown Blonoval, Pakistan
Ilyas, Mohammad Pakistan Yes 64 Taman, Pakistan
Iqbal, Faik Pakistan Yes 24 Karachi, Pakistan
Iqbal, Zafar Pakistan Yes 23 Sambal, Pakistan
Irfan, Mohammed Pakistan Yes 24 Bahalwapur, Pakistan
Irfan, Mohammed Pakistan Yes 27 Punjab, Pakistan
Ishaq, Mohammed Pakistan Yes 23 Panjgoor, Pakistan
Khan, Bacha Pakistan Yes 34 Bajawor, Pakistan
Khan, Ejaz Ahmad Pakistan Yes 31 Mardan, Pakistan
Khan, Hamood Ullah Pakistan Yes 35 Hyberabad, Pakistan
Khan, Isa Pakistan Yes 31 Bannu, Pakistan
Khan, Mohammad Kashef Pakistan Yes 27 Karachi, Pakistan
Khan, Muhammed Ijaz Pakistan No 30 Kafilgarh, Pakistan
Khan, Tariq Pakistan Yes 28 Village 426, Pakistan
Khan, Tila Mohammed Pakistan Yes 26 Wazierstan, Pakistan
Madni, Hafez Qari Mohamed Saad Iqbal Pakistan No 29 Pakistan
Manzu, Hafice Leqeat Pakistan Yes 29 Kanaval District, Pakistan
Mehmood, Majid Pakistan Yes 27 Bahawal District, Pakistan
Mohammad, Tarik Pakistan Yes 34 Kohat, Pakistan
Mohammed, Ali Pakistan Yes 54 Rahamibad, Pakistan
Mohhamed, Hanif Pakistan Yes 24 Adda Shenal, Pakistan
Mowla, Abdul Pakistan Yes 37 Malakan District, Pakistan
Nafeesi, Abdul Satar Pakistan Yes 35 Miachinu, Pakistan
Naseer, Munir Bin Pakistan Yes 28 Karachi, Pakistan
Noman, Mohammed Pakistan Yes 29 Pakistan
Omar, Mohammed Pakistan Yes 20 Larkana, Pakistan
Paracha, Saifullah Pakistan No 59 Mongwal, Pakistan
Rabbani, Mohammed Ahmad Ghulam Pakistan No 36 Medina, Saudi Arabia
Rafiq, Mohammed Pakistan No 26 Kabal, Pakistan
Raza, Abid Pakistan No 25 Digary Sindh, Pakistan
Raza, Mohammed Arshad Pakistan Yes 26 Bahawal Nagar, Pakistan
Raziq, Abdul Pakistan Yes 34 Kot Marakand, Pakistan
Sadiqi, Abdul Halim Pakistan No 38 Pakistan
Saeed, Hafiz Ihsan Pakistan Yes 28 Lahore, Pakistan
Safollah, Ghaser Zaban Pakistan Yes 27 Madanchak, Pakistan
Sanghir, Mohammad Pakistan Yes 54 Kohestan, Afghanistan
Sattar, Abdul Pakistan No 25 Bumb, Pakistan
Sayed, Mohammed Pakistan Yes 33 Abbotabad, Pakistan
Sultan, Zahid Pakistan Yes 25 Abdabot, Pakistan
Tariq, Mohammed Pakistan Yes 33 Alladand Dehry, Pakistan
Ul Haq, Israr Pakistan Yes 26 Topi, Pakistan
Ul Shah, Zia Pakistan No 30 Karachi, Pakistan
Ullah, Asad Pakistan Yes 25 Swahbi, Pakistan
Urayman, Sajin Pakistan Yes 22 Gujaranwala, Pakistan
Usman, Shabidzada Pakistan Yes 24 Malal, Pakistan
Wali, Jihan Pakistan Yes 39 Diir, Pakistan

Palestine
Name Nationality Released Age (approximate) Birthplace NLEC
Al Aasmi, Assem Matruq Mohammad Palestine / Saudi Arabia No 26 Khan Younis, Israel

Qatar
Name Nationality Released Age (approximate) Birthplace NLEC
Al Marri, Jaralla Saleh Mohammed Kahla Qatar No 33 Doha, Qatar

Russia
Name Nationality Released Age (approximate) Birthplace NLEC
Akhmyarov, Rustam Russia Yes 27 Chelyabinsk, Russia
Gumarov, Ravil Shafeyavich Russia Yes 44 Gushva, Russia
Hassam, Zakirjan


Status Review Tribunal Transcript Russia No 32 Saratov, Russia Yes
Ishmurat, Timur Ravilich Russia Yes 31 Azenakai, Russia
Kafkas, Abdullah D. Russia Yes 22 Prohladsk, Russia
Mingazov, Ravil Russia No 39 Bolsheretski, Russia
Odijev, Ruslan Anatolivich Russia Yes 33 Prolandnom, Russia
Sharipov, Almasm Rabilavich Russia Yes 35 Avzion, Russia
Vahitov, Aiat Nasimovich Russia Yes 29 Naberyozhnyj, Russia

Saudi Arabia
Name Nationality Released Age (approximate) Birthplace NLEC
Abd Al-Razaq, Abdallah Hamid Ibrahim Al-Sharikh Saudi Arabia No 22 Shaqara, Saudi Arabia
Abdel Aziz, Abdullah Muhammed Saudi Arabia No 39 Al Medina Menawa, Saudi Arabia
Ahmed, Abdul Rahman Uthman Saudi Arabia No 33 Riyadh, Saudi Arabia
Ahmed Zaid Salim Zuhair Saudi Arabia No 33 Jeddah, Saudi Arabia
Al Amri, Abd Al Rahman Moaza Zafer Saudi Arabia No 28 Arar, Saudi Arabia
Al Amri, Abdul Rahman Ma Ath Thafir Saudi Arabia No 33 Ta'if, Saudi Arabia
Al Anazi, Sultan Sari Sayel Saudi Arabia No 32 Sakaka, Saudi Arabia
Al Atabi, Bijad Thif Allah Saudi Arabia No 35 Saajer, Saudi Arabia
Al Awfi, Mazin Salih Musaid Saudi Arabia No 27 Medina, Saudi Arabia
Al Baddah, Abdul Aziz Abdul Rahman Abdul Aziz Saudi Arabia No 24 Quia, Saudi Arabia
Al Balushi, Salah Abdul Rasul Ali Abdul Saudi Arabia No 26 Jeddah, Saudi Arabia
Al Barakat, Khalid Hassan Husayn Saudi Arabia No 31 Mecca, Saudi Arabia
Al Bawardi, Khalid Saud Abd Al Rahman Saudi Arabia No 29 Riyadh, Saudi Arabia
Al Bedani, Abdul Khaled Ahmed Sahleh Saudi Arabia No 23 Taif, Saudi Arabia
Al Bidna, Sa Ad Ibraham Sa Ad Saudi Arabia No 28 Riyadh, Saudi Arabia
Al Bihani, Tolfiq Nassar Ahmed Saudi Arabia No 34 Tabuk, Saudi Arabia
Al Darbi, Ahmed Muhammed Haza Saudi Arabia No 31 Ta'if, Saudi Arabia
Al Dubaikey, Bessam Muhammed Saleh Saudi Arabia No 28 Qasim, Saudi Arabia
Al Farha, Said Ali Saudi Arabia No 27 Bahir, Saudi Arabia
Al Fayfi, Jabir Jubran Saudi Arabia No 31 Ta'if, Saudi Arabia
Al Fouzan, Fahd Muhammed Abdullah Saudi Arabia No 23 Riyadh, Saudi Arabia
Al Frih, Majed Hamad Saudi Arabia No 26 Mecca, Saudi Arabia
Al Ghatani, Khalid Malu Shia Saudi Arabia No 23 Al Arib, Saudi Arabia
Al Harazi, Fahed Saudi Arabia No 28 Mecca, Saudi Arabia
Al Harbi, Ghanim Abdul Rahman Saudi Arabia No 32 Khobar, Saudi Arabia
Al Harbi, Majid Abdallah Husayn Muhammad Al Samluli Saudi Arabia No 26 Jedda, Saudi Arabia
Al Harbi, Mohamed Atiq Awayd Saudi Arabia No 33 Riyadh, Saudi Arabia
Al Harbi, Mohammed Abdullah Saudi Arabia No 27 Riyadh, Saudi Arabia
Al Harbi, Salim Suliman Saudi Arabia No 38 Mecca, Saudi Arabia
Al Harbi, Tariqe Shallah Hassan Saudi Arabia No 23 Medina, Saudi Arabia
Al Hataybi, Abdul Rahman Nashi Badi Saudi Arabia No -7174 Dehman, Saudi Arabia
Al Hizani, Abd Saudi Arabia No 30 Riyahd, Saudi Arabia
Al Hubayshi, Khalid Sulaymanjaydh Saudi Arabia No 31 Jeddah, Saudi Arabia
Al Jabri, Bandar Ahmad Mubarak Saudi Arabia No 27 Mecca, Saudi Arabia
Al Joudi, Majeed Abdullah Saudi Arabia No 39 Mecca, Saudi Arabia
Al Juaid, Abdul Rahman Owaid Mohammad Saudi Arabia No 26 Ta'if, Saudi Arabia
Al Juhani, Muhamad Naji Subhi Saudi Arabia No 39 Jeddah, Saudi Arabia
Al Jutayli, Fahd Salih Sulayman Saudi Arabia No 23 Burayada, Saudi Arabia
Al Kabi, Jamil Ali Saudi Arabia No 33 Mecca, Saudi Arabia
Al Khaldi, Abdul Aziz Saad Saudi Arabia No 27 Riyadh, Saudi Arabia
Al Khalif, Hani Saiid Mohammad Saudi Arabia No 34 Riyadh, Saudi Arabia
Al Kurash, Muhammad Abd Al Rahman Saudi Arabia No 29 Ta'if, Saudi Arabia
Al Mahayawi, Saud Dakhil Allah Muslih Saudi Arabia No 30 Jedda, Saudi Arabia
Al Malki, Saed Khatem Saudi Arabia No 37 Mecca, Saudi Arabia
Al Matrafi, Abdallah Aiza Saudi Arabia No 42 Mecca, Saudi Arabia
Al Morghi, Khalid Abdallah Abdel Rahman Saudi Arabia No 36 Mecca, Saudi Arabia
Al Mousa, Abdul Hakim Abdul Rahman Abduaziz Saudi Arabia No 30 Riyadh, Saudi Arabia
Al Muri, Khalid Rashd Ali Saudi Arabia No 31 Khafji, Saudi Arabia
Al Nasir, Abd Al Aziz Muhammad Ibrahim Saudi Arabia No 26 Mecca, Saudi Arabia
Al Nasir, Faizal Saha Saudi Arabia No 26 Riyadh, Saudi Arabia
Al Nasir, Ibrahim Muhammed Ibrahim Saudi Arabia No 24 Mecca, Saudi Arabia
Al Noofayaee, Abdalaziz Kareem Salim Saudi Arabia No 30 Al Shafa, Saudi Arabia
Al Nurr, Anwar Saudi Arabia No 29 Toraif, Saudi Arabia
Al Nusayri, Adil Uqla Hassan Saudi Arabia No 32 Sakakah, Saudi Arabia
Al Oshan, Saleh Abdall Saudi Arabia No 27 Riyadh, Saudi Arabia
Al Otaibi, Nawaf Fahad Saudi Arabia No 34 Riyadh, Saudi Arabia
Al Qahtani, Abdullah Hamid Saudi Arabia No 27 Mecca, Saudi Arabia
Al Qahtani, Jabir Hasan Muhamed Saudi Arabia No 28 Mecca, Saudi Arabia
Al Qahtani, Jabran Said Wazar


Formal Charges Saudi Arabia No 29 Tabuk, Saudi Arabia
Al Qahtani, Muhammad Mani Ahmed Al Shal Lan Saudi Arabia No 27 Kharj, Saudi Arabia
Al Qurayshi, Majid Aydha Muhammad Saudi Arabia No 34 Mecca, Saudi Arabia
Al Qurbi, Mohammed Mubarek Salah Saudi Arabia No 28 Khamees Musheet, Saudi Arabia
Al Rabiesh, Yusef Abdullah Saleh Saudi Arabia No 25 Al Khasim, Saudi Arabia
Al Rashid, Mesh Arsad Saudi Arabia No 26 Sana'a, Saudi Arabia
Al Rushaydan, Abdallah Ibrahim Saudi Arabia No 39 Khobar, Saudi Arabia
Al Samiri, Bader Al Bakri Saudi Arabia No 29 Mecca, Saudi Arabia
Al Sehli, Ibrahim Daif Allah Neman Saudi Arabia No 41 Medina, Saudi Arabia
Al Shamaree, Zaban Thaaher Zaban Saudi Arabia No 27 Arar, Saudi Arabia
Al Sharakh, Abdulhadi Abdallah Ibrahim Saudi Arabia No 24 Riyadh, Saudi Arabia
Al Sharbi, Ghassan Abdullah


Formal Charges Saudi Arabia No 32 Jeddah, Saudi Arabia
Al Sharif, Fahd Umr Abd Al Majid Saudi Arabia No 30 Mecca, Saudi Arabia
Al Shihri, Yussef Mohammed Mubarak Saudi Arabia No 21 Riyadh, Saudi Arabia
Al Shimri, Maji Afas Radhi Saudi Arabia No 32 Kharj, Saudi Arabia
Al Shumrani, Mohammad Al Rahman Saudi Arabia No 31 Riyadh, Saudi Arabia
Al Shurfa, Ohmed Ahmed Mahamoud Saudi Arabia No 31 Jeddah, Saudi Arabia
Al Sulami, Yahya Samil Al Suwaymil Saudi Arabia No 27 Jeddah, Saudi Arabia
Al Tabi, Mana Shaman Allabardi Saudi Arabia No 30 Al-Qarara, Saudi Arabia
Al Taibi, Rami Bin Said Saudi Arabia No 26 Ta'if, Saudi Arabia
Al Tayabi, Abdullah Saudi Arabia No 26 Halban, Saudi Arabia
Al Usaymi, Nayif Fahd Mutliq Saudi Arabia No 27 Riyadh, Saudi Arabia
Al Utaybi, Abdullah Ali Saudi Arabia No 34 Mecca, Saudi Arabia
Al Utaybi, Muhammad Surur Dakhilallah Saudi Arabia No 23 Qaisuma, Saudi Arabia
Al Uwaydha, Sultan Ahmed Dirdeer Musa Saudi Arabia No 31 Medina, Saudi Arabia
Al Wafti, Abdullah Abd Al Mu'In Saudi Arabia No 40 Mecca, Saudi Arabia
Al Wahab, Musa Abed Saudi Arabia No 29 Medina, Saudi Arabia
Al Zabe, Slah Muhamed Salih Saudi Arabia No 34 Mecca, Saudi Arabia
Al Zaharni, Khalid Mohammed Saudi Arabia Yes 34 Al Kharj, Saudi Arabia
Al Zahrani, Muhammed Murdi Issa Saudi Arabia No 37 Ta'if, Saudi Arabia
Al Zahrani, Said Ibrahim Ramzi Saudi Arabia No 25 Ta'if, Saudi Arabia
Al Zahrani, Yasser Talal Saudi Arabia No 22 Yenbo, Saudi Arabia
Al Zayla, Muhammed Yahia Mosin Saudi Arabia No 29 Medina, Saudi Arabia
Al-Shabani, Fahd Abdallah Ibrahim Saudi Arabia Yes 24 Riyadh, Saudi Arabia
Al-Shedoky, Mish'Al Muhammad Rashid Saudi Arabia Yes 24 Riyadh, Saudi Arabia
Alhabiri, Mishal Awad Sayaf Saudi Arabia No 26 Minawara, Saudi Arabia
Ali, Adnan Mohammed Saudi Arabia No 28 Ta'if, Saudi Arabia
Ali Bin Attash, Hassan Mohammed Saudi Arabia No 21 Jeddah, Saudi Arabia
Amar, Abu Saudi Arabia No 29 Jeddah, Saudi Arabia
Ami, Shakir Abdurahim Mohamed Saudi Arabia No 38 Medina, Saudi Arabia
Arbaysh, Ibrahimj Sulayman Muhammad Saudi Arabia No 27 Al Brida, Saudi Arabia
Balkhair, Rashed Awad Khalaf Saudi Arabia No 28 Jurashi, Saudi Arabia
Barayan, Majid Al Saudi Arabia No 34 Jedda, Saudi Arabia
Bukhary, Abdul Hakim Saudi Arabia No 51 Mecca, Saudi Arabia
Ghetan, Abdul Salam Saudi Arabia No 22 Riyadh, Saudi Arabia
Hamdi, Yasser Saudi Arabia / USA Yes 27 Baton Rouge, Louisiana
Hawsawi, Amran Baqur Mohammed Saudi Arabia No 31 Ta'if, Saudi Arabia
Humud Dakhil Humud Sa'Id Al-((Jad'An Saudi Arabia No 33 Jeddah, Saudi Arabia
Ibrahim, Nayif Abdallah Ibrahim Saudi Arabia No 24 Riyadh, Saudi Arabia
Il Bhawith, Zaid Binsallah Mohammed Saudi Arabia No 24 Qasim, Saudi Arabia
Jahdari, Ziad Said Farg Saudi Arabia No 27 Jeddah, Saudi Arabia
Jaid Al Khathami, Saleh Ali Saudi Arabia No 25 Dharan, Saudi Arabia
Khowlan, Abdul Rahman Mohammed Hussein Saudi Arabia No 34 Taif, Saudi Arabia
Makram, Murtadha Al Said Saudi Arabia No 30 Riyadh, Saudi Arabia
Mohamed, Fahed Nasser Saudi Arabia No 24 Abaha, Saudi Arabia
Mohammed, Ali Muhammed Nasir Saudi Arabia No 24 Jedda, Saudi Arabia
Mohammed, Kahlid Saad Saudi Arabia No 33 Al Tabia, Saudi Arabia
Mohammed, Salman Saad Al Khadi Saudi Arabia No 24 Riyadh, Saudi Arabia
Nur, Yusif Khalil Abdallah Saudi Arabia No 24 Mecca, Saudi Arabia
Qa Id, Rashid Abd Al Muslih Qa Id Al Saudi Arabia No 47 Sakahka, Saudi Arabia
Qahtani, Said Muhammad Husyan Saudi Arabia No 28 Khamees Mushail, Saudi Arabia
Qattaa, Mansoor Muhammed Ali Saudi Arabia No 24 Ta'if, Saudia Arabia
Sa Id Ali Jabir Al Khathim Al Shihri Saudi Arabia No 33 Riyadh, Saudi Arabia
Said, Salam Abdullah Saudi Arabia No 25 Tabokh, Saudi Arabia
Saleh Ganmi, Abdullah Muhammad Saudi Arabia No 32 Rabug, Saudi Arabia
Sebai, Mohammed Jayed Saudi Arabia No 23 Riyadh, Saudi Arabia
Sebaii, Abdel Hadi Mohammed Badan Al Sebaii Saudi Arabia No 35 El Kharg, Saudi Arabia
Shalabi, Abdul Rahman Saudi Arabia No 31 Medina, Saudi Arabia
Shayban, Said Bezan Ashek Saudi Arabia No 25 Ta'iz, Saudi Arabia
Shili, Ibrahim Rushdan Brayk Al- Saudi Arabia Yes 25 Medina, Saudi Arabia
Subii, Nasir Maziyad Abdallah Al Qurayshi Al Saudi Arabia No 36 Kasim, Saudi Arabia
Sultan, Faha Saudi Arabia No 34 Jeddah, Saudi Arabia
Thani, Abdallah Faris Al Unazi Saudi Arabia No 26 Saudi Arabia
Turki Mash Awi Zayid Al Asiri Saudi Arabia No 31 Taboq, Saudi Arabia
Turkistani, Sadik Ahmad Saudi Arabia Yes Unknown Taif, Saudi Arabia Yes
Umar, Ibrahim Umar Ali Al- Saudi Arabia Yes 23 Al Qaseem, Saudi Arabia
Uwaydah, Rashid Awad Rashid Al Saudi Arabia No 30 Sakaka, Saudi Arabia
Wasim Saudi Arabia No 43 Al Jauf, Saudi Arabia
Zahrani, Fawaz Abd Al-Aziz Al- Saudi Arabia Yes 28 Medina, Saudi Arabia

Somalia
Name Nationality Released Age (approximate) Birthplace NLEC
Abdallah, Muhamed Hussein Somalia No 23 Boor'o, Somalia
Barre, Mohammed Sulaymon Somalia No 42 Burco, Somalia

Spain
Name Nationality Released Age (approximate) Birthplace NLEC
Ahmad, Ahmad Abd Al Rahman Spain Yes 32 Cueta, Spain

Sudan
Name Nationality Released Age (approximate) Birthplace NLEC
Al Amir Mahmoud, Amir Yakoub Mohammed Sudan No 35 Omdurman, Sudan
Al Hajj, Sami Mohy El Din Muhammed Sudan No 37 Khartoum, Sudan
Al Hassan, Mustafa Ibrahim Mustafa Sudan No 49 Al-Manakil, Sudan
Al Qosi, Ibrahim Ahmed Mahmoud


Formal Charges Sudan No 46 Khartoum, Sudan
Ali, Walid Mohammad Haj Mohammad Sudan No 32 Donkhallah, Sudan
Bani Amir, Salim Mahmoud Adem Mohammed Sudan No 48 Kasala, Sudan
Gadallah, Hammad Ali Amno


Status Review Tribunal Transcript Sudan Yes 37 Duba, Sudan Yes
Hassan, Adel Sudan No 48 Port Sudan, Sudan
Idris, Ibrahim Othman Ibrahim Sudan / Yemen No 45 Hathramuut, Yemen
Mahjoub, Muhammed Al Ghazali Babaker Sudan Yes 33 Um Durman, Sudan
Muhammaed, Noor Uthman Sudan No Unknown Kasala, Sudan
Raheem, Al Rachid Hasan Ahmad Abdul Sudan Yes 41 Al-Ubayyid, Sudan

Sweden
Name Nationality Released Age (approximate) Birthplace NLEC
Ghezali, Mehdi Mohammad Sweden Yes 27 Stockholm, Sweden

Syria
Name Nationality Released Age (approximate) Birthplace NLEC
Ahjam, Ahmed Adnan Syria No 29 Halab, Syria
Al Ali, Mahmud Salem Horan Mohammed Mutlak Syria No 32 Doha, Syria
Al Henali, Menhal Syria Yes 43 Darna, Syria
Dokhan, Moammar Badawi Syria No 34 Damascus, Syria
Faraj, Abd Al Hadio Omar Mahmoud Syria No 25 Hama, Syria
Janko, Abd Al Rahim Abdul Rassak Syria No 28 Al Qamashil, Syria
Khantumani, Abd Al Nasir Mohammed Abd Al Qadir Syria No 46 Halab, Syria
Khantumani, Muhammad Abd Al Nasir Muhammad Syria No 24 Halab, Syria
Mouhammad, Maasoum Abdah Syria No 34 Al Qameshle, Syria
Shaaban, Ali Husein Syria No 24 Utaiba, Syria

Tajikistan
Name Nationality Released Age (approximate) Birthplace NLEC
Abdulayev, Omar Hamzayavich Tajikistan No 28 Dushanbe, Tajikistan
Fazrollah, Mehrabanb Tajikistan No 44 Pyandj, Tajikistan
Ghafar Homarovich, Shirinov Tajikistan Yes 32 Dushanbe, Tajikistan
Homaro, Moyuballah Tajikistan Yes 26 Alisurkhan, Tajikistan
Irgashive, Abdul Karim Tajikistan Yes 41 Dushanbe, Tajikistan
Jan, Jumma Tajikistan No 28 Kurgantapa, Tajikistan
Lnu, Sadee Eideov Tajikistan Yes 53 Kamsamulabad Reyhan, Tajikista
Mazharudin, Fnu Tajikistan Yes 27 Pajpai, Pakistan
Nabied, Yusef Tajikistan Yes 43 Isfara, Tajikistan
Salehove, Maroof Saleemovich Tajikistan No 28 Dushanbe, Tajikistan
Sharipov, Rukniddin Fayziddinovich Tajikistan No 33 Lenenabad, Tajikistan
Vakhidov , Sobit Abdumukit Valikhonovich Tajikistan No 37 Itsfaratz, Tajikistan

Tunisia
Name Nationality Released Age (approximate) Birthplace NLEC
Abdallah, Sayf Bin Tunisia No 33 Menzil, Tunisia
Al Hami, Rafiq Bin Bashir Bin Jalud Tunisia No 37 Omaron, Tunisia
Al Yazidi, Ridah Bin Saleh Tunisia No 41 Unfidel, Tunisia
Bin Hadiddi, Abdul Haddi Tunisia No 37 Bir'Alash, Tunisia
Bin Hamida, Adil Mabrouk Tunisia No 36 Tunis, Tunisia
Hkiml, Adel Bin Ahmed Bin Ibrahim Tunisia No 41 Bin Aroes, Tunisia
Lagha, Lufti Bin Swei Tunisia No 38 Tunis, Tunisia
Nasseri, Riyad Bil Mohammmed Tahir Tunisia No 40 Gafsa, Tunisia
Omar, Abdullah Bin Tunisia No 50 Massoulta, Tunisia
Ourgy, Abdul Bin Mohammed Bin Abess Tunisia No 41 Tunis, Tunisia
Rahman, Mohammed Abdul Tunisia No 41 Tunis, Tunisia
Sliti, Hisham Bin Ali Bin Amor Tunisia No 40 Hamam Lif, Tunisia

Turkey
Name Nationality Released Age (approximate) Birthplace NLEC
Celik Gogus, Yuksel Turkey Yes 39 Karasu Village, Sakara City, Turkey
Karnaz, Murat Turkey No 24 Bremen, Germany
Mart, Mahmud Nuri Turkey Yes 35 Agri, Turkey
Sen, Ibrahim Shafir Turkey Yes 26 Van, Turkey
Uyar, Salih


Status Review Tribunal Transcript Turkey Yes 25 Kojaeli, Turkey Yes

Turkmenistan
Name Nationality Released Age (approximate) Birthplace NLEC
Turkash, Emdash Abdullah Turkmenistan Yes 65 Ghazni, Afghanistan

Uganda
Name Nationality Released Age (approximate) Birthplace NLEC
Kiyemba, Jamal Abdullah Uganda Yes 27 Bunamwaya, Uganda

United Arab Emirates
Name Nationality Released Age (approximate) Birthplace NLEC
Abd Al Sattar, Muieen A Deen Jamal A Deen Abd Al Fusal United Arab Emirates No 31 Dubai, United Arab Emirates
Alhamiri, Abdulah United Arab Emirates No 27 Alan, United Arab Emirates

United Kingdom
Name Nationality Released Age (approximate) Birthplace NLEC
Abassi, Feroz Ali United Kingdom No 27 Entebbe, Uganda
Ahmed, Rhuhel United Kingdom Yes 25 Birmingham, United Kingdom
Al Harith, Jamal Malik United Kingdom Yes 40 Manchester, United Kingdom
Begg, Moazzan United Kingdom Yes 38 Birmingham, United Kingdom
Belmar, Richard Dean United Kingdom Yes 27 London, United Kingdom
Iqbal, Asif United Kingdom Yes 25 West Bromwich, United Kingdom
Mubanga, Martin John United Kingdom Yes 34 Lusaka, Zambia
Rasul, Shafiq United Kingdom Yes 33 Dudley, England

Uzbekistan
Name Nationality Released Age (approximate) Birthplace NLEC
Adam, Mohammed Sadiq Uzbekistan Yes 33 Konduz, Afghanistan
Batayev, Ilkham Turdbyavich Uzbekistan No 33 Abaye, Kazakhstan
Hamidullah, Ali Sher Uzbekistan No 32 Tashkent, Uzbekistan
Hamiduva, Shakhrukh Uzbekistan No 23 Kokan, Uzbekistan
Jamaludinovich, Abu Bakir Uzbekistan No 32 Chartakh, Uzbekistan
Kasimbekov, Kamalludin Uzbekistan No 29 Tashkent, Uzbekistan
Khan, Abdullah Mohammad Uzbekistan No 34 Faryab, Afghanistan

West Bank
Name Nationality Released Age (approximate) Birthplace NLEC
Al Quwari, Mahrar Rafat West Bank No 41 Gaza
Hussein, Abdul Qadir Yousef West Bank No 53 Jenin, West Bank
Tahamuttan, Mohammed Abdullah West Bank No 27 Burka, West Bank

Yemen
Name Nationality Released Age (approximate) Birthplace NLEC
Abd Al Mujahid, Mahmoud Abd Al Aziz Yemen No 29 Ta'iz, Yemen
Abd Al Rahman Abd, Allal Ab Aljallil Yemen No 31 Aluday, Yemen
Abd Al Wahab, Abd Al Malik Yemen No 27 Ibb, Yemen
Abu Ghanim, Mohammed Rajab Sadiq Yemen No 31 Sanaa, Yemen
Ahmad, Majid Mahmud Abdu Yemen No 26 Burayqah, Yemen
Ahmed, Abdul Rahman Yemen No 27 Sana'a, Yemen
Ahmed, Ali Abdullah Yemen No 29 Ib, Yemen
Ahmed, Fahmi Abdullah Yemen No 29 Debab, Yemen
Ahmed, Faruq Ali Yemen No 23 Ta'iz, Yemen
Ahmed, Fayad Yahya Yemen No 29 Aden, Yemen
Al Alawi, Muaz Hamza Ahmad Yemen No 29 Bajor, Yemen
Al Ansi, Muhammad Ahmad Abdallah Yemen No 31 Sanaa, Yemen
Al Asadi, Mohammed Ahmed Ali Yemen No 27 Sana'a, Yemen
Al Bihani, Ghaleb Nassar Yemen No 26 Tabokh, Saudi Arabia
Al Busayss, Adil Said Al Haj Obeid Yemen No 33 Aden, Yemen
Al Dhuby, Khalid Mohammed Salih Yemen No 25 Taif, Saudi Arabia
Al Edah, Mohammed Ahmad Said Yemen No 44 Hay al-Turbawi Ta'iz, Yemen
Al Hamiri, Mohammed Abdullah Yemen No 24 Hudaydah, Yemen
Al Hanashi, Mohammad Ahmed Abdullah Saleh Yemen Yes 28 Al Habrub, Yemen
Al Hikimi, Ahmed Umar Abdullah Yemen No 34 Ta'iz, Yemen
Al Hilal, Abdul Al Salam Yemen No 38 Unknown
Al Jayfi, Issam Hamid Al Bin Ali Yemen No 27 Sada, Yemen
Al Kazimi, Sanad Yislam Yemen No 36 Unknown
Al Khalaqi, Asim Thahit Abdullah Yemen No 38 Riyadh, Saudi Arabia
Al Madoonee, Musab Omar Ali Yemen No 26 Al-Hudida, Yemen
Al Marwalah, Bashir Nasir Ali Yemen No 27 Al-Haymah, Yemen
Al Maythali, Ha Il Aziz Ahmed Yemen No 29 Zemar, Yemen
Al Mudhaffari, Abdel Qadir Hussein Yemen No 30 Al Bayda, Yemen
Al Nahdi, Sulaiman Awath Sulaiman Bin Ageel Yemen No 32 Al Mukalla, Yemen
Al Omairah, Othman Ahmed Othman Yemen No 33 Shabwa, Yemen
Al Qadasi, Khalid Abd Jal Jabbar Muhammad Juthman Yemen No 38 Ta'iz, Yemen
Al Qurashi, Sabri Mohammed Ebrahim Yemen No 36 Hudaydah, Yemen
Al Radai, Riyad Atiq Ali Abdu Al Haj Yemen No Unknown Taez, Yemen
Al Rahizi, Ali Ahmad Muhammad Yemen No 27 Ta'iz, Yemen
Al Rammah, Omar Mohammed Ali Yemen No 31 Al Beitha, Yemen
Al Rimi, Ali Yahya Mahdi Yemen No 23 Sana'a, Yemen
Al Sabri, Mashur Abdallah Muqbil Ahmed Yemen No 28 Mecca, Saudi Arabia
Al Saleh, Abdul Yemen No 27 Muqela, Yemen
Al Sani, Fahmi Salem Said Yemen No 29 Mikala, Yemen
Al Shamyri, Mustafa Abdul Qawi Abdul Aziz Yemen No 28 Sana'a, Yemen
Al Sharabi, Zuhail Abdo Anam Said Yemen No 29 Taiz, Yemen
Al Shulan, Hani Abdul Muslih Yemen No 27 Ibb, Yemen
Al Suadi, Abdul Aziz Abdullah Ali Yemen No 32 Milhan, Yemen
Al Tays, Ali Husayn Abdullah Yemen No 29 Sada, Yemen
Al Wady, Hamoud Abdullah Hamoud Hassan Yemen No 41 Sana'a, Yemen
Al Warafi, Muktar Yahya Najee Yemen No 32 Ta'iz, Yemen
Al Yafi, Al Khadr Abdallah Muhammed Yemen No 36 Lawdar, Yemen
Al Zuba, Saleh Mohamed Yemen No 51 Sana'a, Yemen
Al-Marwa'I, Toufiq Saber Muhammad Yemen No 30 Al Dumaina, Yemen
Alahdal, Abu Bakr Ibn Ali Muhhammad Yemen No 27 Al Hudaydah, Yemen
Aleh, Ali Bin Ali Yemen No 23 Adem, Yemen
Awad, Jalal Salam Awad Yemen No 33 Al Muquala, Yemen
Awad, Waqas Mohammed Ali Yemen No 24 Aden, Yemen
Azani, Saad Masir Mukbl Al Yemen No 27 Al Reef, Yemen
Baada, Tarek Ali Abdullah Ahmed Yemen No 28 Shebwa, Yemen
Balzuhair, Shawki Awad Yemen No 25 Hadramout, Yemen
Basardah, Yasim Muhammed Yemen No 30 Shabua, Yemen
Batarfi, Ayman Saeed Abdullah Yemen No 36 Cairo, Egypt
Bin Atef, Mahmmoud Omar Mohammed Yemen No 26 Mecca, Saudi Arabia
Bin Salem, Muhhammad Said Yemen No 31 Hadramaut, Yemen
Bwazir, Mohammed Ali Abdullah Yemen No 26 Howra, Yemen
Ghazi, Fahed Abdullah Ahmad Yemen No 24 Bayt Ghazi, Yemen
Hadi, Salem Ahmed Yemen No 30 Hadramaut, Yemen
Haidel, Mohammed Ahmed Said Yemen No 28 Ta'iz, Yemen
Hakim, Abdel Ghalib Ahmad Yemen No 27 Ta'iz, Yemen
Hamdan, Salim Ahmed Salim


Formal Charges Yemen No 36 Hadramout, Yemen
Hamdoun, Zahar Omar Hamis Bin Yemen No 27 Ash Shihr, Yemen
Hassan, Emad Abdalla Yemen No 27 Aden, Yemen
Hassen, Mohammed Mohammed Yemen No 23 Ta'iz, Yemen
Hatim, Said Muhammed Salih Yemen No 30 Ibb, Yemen
Hintif, Fadil Husayn Salih Yemen No 37 Al Youf, Yemen
Ismail, Ali Hamza Ahmed Sulayman Yemen No 37 Hudaydah, Yemen
Ismail, Sadeq Muhammad Sa Id Yemen No 24 Jabal Haimain, Yemen
Ismail, Yasin Qasem Muhammad Yemen No 27 Ibb, Yemen
Jarabh, Saeed Ahmed Mohammed Abdullah Sarem Yemen No 30 Jeddah, Saudi Arabia
Khamsan, Karam Khamis Sayd


Status Review Tribunal Transcript Yemen Yes 37 Al Mahra, Yemen Yes
Khnenah, Muhammed Ali Hussein Yemen No Unknown Ktaph, Yemen
Khusruf, Mohammed Nasir Yahya Yemen No 56 Ta'iz, Yemen
Mahdi, Fawaz Naman Hamoud Abdullah Yemen No 26 The Shaira, Yemen
Mar'I, Jamal Muhammad 'Alawi Yemen No Unknown Dhamar, Yemen
Masud, Sharaf Ahmad Muhammad Yemen No 28 Sana'a, Yemen
Mohammed, Hussein Salem Yemen No 29 Aden, Yemen
Moqbel, Samir Naji Al Hasan Yemen No 29 Ta'iz, Yemen
Moqbill, Muhsin Muhammad Musheen Yemen No Unknown Ta'iz, Yemen
Muhammad, Abd Al Rahman Abdullah Ali Yemen No 24 Sana'a, Yemen
Nashir, Sa Id Salih Sa Id Yemen No 32 Habilain, Yemen
Nassir, Jamil Ahmed Said Yemen No 36 Ta'iz, Yemen
Qader, Ahmed Abdul Yemen No 23 Sana'a, Yemen
Qader Idris, Idris Ahmed Abdu Yemen No 27 Rada, Yemen
Qasim, Khaled Yemen No 29 Themeir, Yemen
Qyati, Abdul Rahman Umir Al Yemen No 30 Jeddah, Saudi Arabia
Rabeii, Salman Yahya Hassan Mohammed Yemen No 27 Jedda, Saudi Arabia
Rahman, Abdul Yemen No 30 Hadramaut, Yemen
Said Kuman, Ahmed Yaslam Yemen No 25 Hathramout, Yemen
Salam, Mohammed Ahmed Yemen No 26 Ta'iz, Yemen
Saleh, Ayoub Murshid Ali Yemen No 28 Usabee, Yemen
Saleh Naser, Abdul Rahman Mohamed Yemen No 26 Ma'rib, Yemen
Salem Al Zarnuki, Mohammed Ali Yemen No Unknown Husayneyah, Yemen
Salih, Abdul Al Razzaq Muhammad Yemen No 33 Al Gidd Al Hajjah, Yemen
Salih, Ali Mohsen Yemen No 26 Guban, Yemen
Shahir, Walid Mohammed Yemen Yes 27 Al Tawahi, Yemen
Sharqawi, Abdu Ali Al Haji Yemen No 32 Ta'iz, Saudi Arabia
Sulayman, Abdul Rahman Abdul Abu Ghityh Yemen No 27 Ta'iz, Yemen
Suleiman, Fayiz Ahmad Yahia Yemen No 32 Jeddah, Saudi Arabia
Tahar, Mohmmad Ahmad Ali Yemen No 26 Ib, Yemen
Uthman, Uthman Abdul Rahim Mohammed Yemen No 27 Aden, Yemen
Zaid, Walid Said Bin Said Yemen No 28 Ta'iz, Yemen

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Guantanamo Prison
http://www.washingtonpost.com/wp-dyn/conte...errer=emaillink

http://projects.washingtonpost.com/guantanamo/

http://www.latimes.com/news/nationworld/wo...-home-headlines

High Court Rules Out Tribunals for Gitmo Detainees
From Associated Press
7:44 AM PDT, June 29, 2006


WASHINGTON -- The Supreme Court ruled today that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.

The ruling, a rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and international Geneva conventions.

The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.

Two years ago, the court rejected Bush's claim to have the authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this follow-up case, the justices focused solely on the issue of trials for some of the men.

The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in ruling against the Bush administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.

Today's ruling overturned that decision.

Bush spokesman Tony Snow said the White House would have no comment until lawyers had had a chance to review the decision. Officials at the Pentagon and Justice Department were planning to issue statements later in the day.

The administration had hinted in recent weeks that it was prepared for the court to set back its plans for trying Guantanamo detainees.

The president also has told reporters, "I'd like to close Guantanamo." But he added, "I also recognize that we're holding some people that are darn dangerous."

The court's ruling says nothing about whether the prison should be shut down, dealing only with plans to put detainees on trial.

"Trial by military commission raises separation-of-powers concerns of the highest order," Kennedy wrote in his opinion.

The prison at Guantanamo Bay, erected in the months after the Sept. 11, 2001, terror attacks on the United States, has been a flash point for international criticism. Hundreds of people suspected of ties to al-Qaida and the Taliban -- including some teenagers -- have been swept up by the U.S. military and secretly shipped there since 2002.

Three detainees committed suicide there this month, using sheets and clothing to hang themselves. The deaths brought new scrutiny and criticism of the prison, along with fresh calls for its closing.

Justice Clarence Thomas wrote a strongly worded dissent, saying the court's decision would "sorely hamper the president's ability to confront and defeat a new and deadly enemy."

The court's willingness, Thomas said, "to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous."

Justices Antonin Scalia and Samuel Alito also filed dissents.

In his own opinion, Justice Stephen Breyer said, "Congress has not issued the executive a 'blank check."'

"Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary," Breyer wrote.

http://www.nytimes.com/2006/06/29/washingt...artner=homepage

Supreme Court Blocks Trials at Guantanamo

By THE ASSOCIATED PRESS
Published: June 29, 2006
WASHINGTON (AP) -- The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.

John Riley/European Pressphoto Agency
The sprawling detention site known as Camp Delta is part of the detention center at Guantánamo Bay, Cuba.

Audio: Arguments in Hamdan v. RumsfeldThe ruling, a strong rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and international Geneva conventions.

The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.

The ruling raises major questions about the legal status of about 450 men still being held at Guantanamo and exactly how, when and where the administration might pursue the charges against them.

It also seems likely to further fuel international criticism of the administration, including by many U.S. allies, for its handling of the terror war detainees at Guantanamo in Cuba, Abu Ghraib in Iraq and elsewhere.

Two years ago, the court rejected Bush's claim that he had authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this follow-up case, the justices focused solely on the issue of trials for some of the men.

The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in most of the ruling against the Bush administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.

Thursday's ruling overturned that decision.

The administration had hinted in recent weeks that it was prepared for the court to set back its plans for trying Guantanamo detainees.

The president also has told reporters, "I'd like to close Guantanamo." But he added, "I also recognize that we're holding some people that are darn dangerous."

The court's ruling says nothing about whether the prison should be shut down, dealing only with plans to put detainees on trial.

"Trial by military commission raises separation-of-powers concerns of the highest order," Kennedy wrote in his separate opinion. "Concentration of power (in the executive branch) puts personal liberty in peril of arbitrary action by officials, an incursion the Constitution's three-part system is designed to avoid."

The prison at Guantanamo Bay, erected in the months after the Sept. 11, 2001, terror attacks on the United States, has been a flash point for international criticism. Hundreds of people suspected of ties to al-Qaida and the Taliban -- including some teenagers -- have been swept up by the U.S. military and secretly shipped there since 2002.

Three detainees committed suicide there this month, using sheets and clothing to hang themselves. The deaths brought new scrutiny and criticism of the prison, along with fresh calls for its closing.

Justice Clarence Thomas wrote a strongly worded dissent and took the unusual step of reading part of it from the bench -- something he had never done before in his 15 years. He said the court's decision would "sorely hamper the president's ability to confront and defeat a new and deadly enemy."

The court's willingness, Thomas wrote in the dissent, "to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous."

Justices Antonin Scalia and Samuel Alito also filed dissents.

In his own separate opinion, Justice Stephen Breyer said, "Congress has not issued the executive a 'blank check."'

"Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary," Breyer wrote.

The court's ruling was a resounding loss for the Bush administration. Justices also rejected the administration's claim that the case should be thrown out on grounds that a new law stripped their authority to consider it.

"It's certainly a nail in the coffin for the idea that the president can set up these trials," said Barbara Olshansky, legal director of the Center for Constitutional Rights, which represents about 300 Guantanamo detainees.

Hamdan claims the military commissions established by the Pentagon on Bush's orders are flawed because they violate basic military justice protections.

Hamdan says he is innocent and worked as a driver for bin Laden in Afghanistan only to eke out a living for his family.

The case is Hamdan v. Rumsfeld, 05-184.

http://www.dnaindia.com/report.asp?NewsID=1038502
Supreme Court rejects US war crime tribunals

Agencies
Thursday, June 29, 2006 20:04 IST

WASHINGTON: The United States Supreme Court ruled on Thursday that President George W Bush overstepped his powers by setting up special war crime tribunals for 'war on terror' suspects.

The tribunal for a Guantanamo prisoner cannot proceed because it violates the Geneva Conventions, it said.

“We conclude that the military commission convened to try (Salim Ahmed) Hamdan lacks power to proceed because its structure and procedures violate; the international agreement that covers treatment of prisoners of war, as well as US military laws,” Justice John Paul Stevens wrote for the court majority in the 5-3 decision.

That part of the decision was a stinging blow for the administration in a case brought by Hamdan, who was Osama bin Laden's driver in Afghanistan.

At the White House, spokesman Tony Snow said, “We have no comment until we have read the decision but we will once we have read the decision.”


"The judgment of the court of appeals is reversed and the case is remanded for further proceedings," the Supreme Court said in its verdict on an appeals court ruling that declared the tribunals legal.

The Supreme Court decision could have far-reaching consequences for the US handling of the war on terror unleashed after the September 11, 2001 attacks and the future of the Guantanamo Bay prison where about 450 inmates are being held as "enemy combatants".

The ruling will have little effect on the detention camp that holds 450 foreign captives, the camp commander said.

“I don't think there's any direct outcome on our detention operation,” Rear Adm Harry Harris, the prison commander, said in an interview this week before the ruling.

The high court upheld on Thursday a Guantanamo defendant's challenge to President Bush's power to create the military tribunals to try suspected Al Qaeda conspirators and Taliban supporters.

Harris said he would build a second courtroom if the tribunals are allowed to proceed but little else would change because the court was not asked to rule on Guantanamo itself, a prison camp that human rights groups, the United Nations and foreign governments have sharply criticized.

The tribunals have come under fire from lawyers, who say they are rigged to ensure conviction and offer none of the basic guarantees and rights granted suspects in the US justice system or to which formal prisoners of war would be entitled.

Ten detainees at Guantanamo have been charged before the tribunals, and prosecutors have said they will charge as many as 25 more if the court rules in favor of the commissions.

“If they rule against the government I don't see how that's going to affect us. From my perspective I think the impact will be negligible,” Harris said.

About 120 prisoners at the base in have been cleared for release, or transfer to their homelands where Washington expects them to remain in detention.

Faced with growing international condemnation of the camp after three prisoners committed suicide on June 10, Bush has said he would like to empty the detention center.

But the director of interrogations at Guantanamo said many of the rest could be held a very long time because U.S. officials will not release those whom they are convinced have the connections, training and means to carry out attacks.

“Nobody wants to be the first person to allow the next 9/11 to happen,” said interrogations chief Paul Rester. “Emptying this place is not my goal.”

http://caselaw.lp.findlaw.com/scripts/getc...&friend=nytimes

Jump to: [Opinion] [Concurrence 1] [Concurrence 2] [Dissent 1] [Dissent 2] [Dissent 3]
HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, et al.

certiorari to the united states court of appeals for the district of columbia circuit

No. 05-184. Argued March 28, 2006--Decided June 29, 2006

http://www.nytimes.com/2006/06/29/washingt...artner=homepage

Supreme Court Blocks Guantánamo Tribunals
Jamie Rose for The New York Times
Lawyers for Salim Ahmed Hamdan, the plaintiff, after the Supreme Court ruled in their favor.

By LINDA GREENHOUSE
Published: June 29, 2006
WASHINGTON, June 29 — The Supreme Court on Thursday repudiated the Bush administration's plan to put Guantánamo detainees on trial before military commissions, ruling broadly that the commissions were unauthorized by federal statute and violated international law.

"The executive is bound to comply with the Rule of Law that prevails in this jurisdiction," Justice John Paul Stevens, writing for the 5-to-3 majority, said at the end of a 73-page opinion that in sober tones shredded each of the administration's arguments, including the assertion that Congress had stripped the court of jurisdiction to decide the case. A principal but by no means the only flaw the court found in the commissions was that the president had established them without Congressional authorization.

The decision was such a sweeping and categorical defeat for the Bush administration that it left human rights lawyers who have pressed this and other cases on behalf of Guantanamo detainees almost speechless with surprise and delight, using words like "fantastic," "amazing," "remarkable." Michael Ratner, president of the Center for Constitutional Rights, a public interest law firm in New York that represents hundreds of detainees, said, "It doesn't get any better."

President Bush said he planned to work with Congress to "find a way forward," and there were signs of bipartisan interest on Capitol Hill in crafting legislation that would authorize new, revamped commissions intended to withstand judicial scrutiny.

The courtroom was, surprisingly, not full, but among those in attendance, there was no doubt that they were witnessing a historic event, a definitional moment in the ever-shifting balance of power among the branches of government that ranked with the court's order to President Nixon in 1974 to turn over the Watergate tapes or with the court's rejection of President Truman's seizure of the nation's steel mills, a 1952 landmark decision from which Justice Kennedy quoted at length.

Senator Arlen Specter, the Pennsylvania Republican who is chairman of the Judiciary Committee, introduced a bill immediately and said his committee would hold a hearing on July 11, as soon as Congress returns from the July 4 recess. Mr. Specter said the administration had resisted his effort to propose similar legislation as early as 2002.

Two Republican senators, Lindsey Graham of South Carolina and Jon Kyl of Arizona, said in a joint statement that they were "disappointed" but that "we believe the problems cited by the court can and should be fixed." They added, "Working together, Congress and the administration can draft a fair, suitable, and constitutionally permissible tribunal statute."Both overseas and in the United States, critics of the administration's detention policies praised the decision and urged President Bush to take it as an occasion to shut down the Guantanamo prison camp. "The ruling destroys one of the key pillars of the Guantanamo system," said Gerald Staberock, a director of the International Commission of Jurists in Geneva. He added: "Guantanamo was built on the idea that prisoners there have limited rights. There is no longer that legal black hole."

The majority opinion by Justice Stevens and a concurring opinion by Justice Anthony M. Kennedy, who also signed most of Justice Stevens's opinion, indicated that finding a legislative solution would not necessarily be easy. In an important part of the ruling, the court held that a provision of the Geneva Conventions known as Common Article 3 applies to the Guantanamo detainees and is enforceable in federal court for their protection.

This provision requires humane treatment of captured combatants and prohibits trials except by "a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized people."

The opinion made it clear that while this provision does not necessarily require the full range of protections of a civilian court or a military court martial, it does require observance of protections for defendants that are missing from the rules the administration has issued for military commissions. The flaws the court cited were the failure to guarantee the defendant the right to attend the trial and the prosecution's ability under the rules to introduce hearsay evidence, unsworn testimony, and evidence obtained through coercion.

Justice Stevens said that the historical origin of military commissions was in their use re as a "tribunal of necessity" under wartime conditions. "Exigency lent the commission its legitimacy," he said, "but did not further justify the wholesale jettisoning of procedural protections."

The majority opinion was also joined by Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, who wrote a brief concurring opinion of his own that focused on the role of Congress. "The court's conclusion ultimately rests upon a single ground: Congress has not issued the executive a blank check," he said.

Skip to next paragraph


Related
Text: The Opinion
The Arguments: Justices Hint That They'll Rule on Challenge Filed by Detainee (March 29, 2006)
From the Magazine: The Bush Administration vs. Salim Hamdan (January 8, 2006)
Audio: Arguments in Hamdan v. Rumsfeld
Video Report
Multimedia

Video: Ruling Is Setback for Bush The dissenters were Justices Clarence Thomas, Antonin Scalia, and Samuel A. Alito Jr. Each wrote a dissenting opinion. Justice Scalia focused on the jurisdictional issue, arguing that Congress had stripped the court of jurisdiction to proceed with this case, Hamdan v. Rumsfeld, No. 05-184, when it passed the Detainee Treatment Act last December and provided that "no court, justice, or judge" had jurisdiction to hear habeas corpus petitions filed by detainees at Guantanamo Bay. The question was whether that withdrawal of jurisdiction applied to pending cases. The majority held that it did not.

Justice Thomas's dissenting opinion addressed the substance of the court's legal conclusions. In a portion of his opinion that Justices Scalia and Alito also signed, he called the decision "untenable" and "dangerous." He observed that "those justices who today disregard the commander-in-chief's wartime decisions" had last week been willing to defer to the judgment of the Army Corps of Engineers in a Clean Water Act case. "It goes without saying that there is much more at stake here than storm drains," he said.

Chief Justice John G. Roberts Jr. did not take part in the case. Last July, four days before President Bush nominated him to the Supreme Court, he was one of the members of a three-judge panel of the federal appeals court here that ruled for the administration in this case.

In the courtroom on Thursday morning, the chief justice sat silently in his center chair as Justice Stevens, sitting to his immediate right as the senior associate justice, read from the majority opinion. It made for a striking tableau on the final day of the first term of the Roberts court: the young chief justice, observing his work of just a year earlier taken apart point by point by the tenacious 86-year-old Justice Stevens, winner of a Bronze Star for his service as a Navy officer during World War II.

The decision came in an appeal brought on behalf of Salim Ahmed Hamdan, a Yemeni who was captured in Afghanistan in November 2001 and brought to Guantanamo in June 2002. According to the government, he was a driver and bodyguard for Osama Bin Laden. In July 2003, he and five others were to be the first to face trial by military commission. But it was not until the next year that he was formally charged with a crime, conspiracy.

The commission proceeding began but was interrupted when the federal district court here ruled in November 2004 that the commission was invalid. This was the ruling that the federal appeals court, with the participation of then-Judge Roberts, overturned last July.

Lt. Cmdr. Charles Swift, Mr. Hamdan's Navy lawyer, told the Associated Press that he had informed his client about the ruling by telephone. "I think he was awe-struck that the court would rule for him, and give a little man like him an equal chance," Commander Swift said. "Where he's from, that is not true."

The decision contained unwelcome implications, from the administration's point of view, for other legal battles, some with equal or greater importance than the fate of the military commissions themselves.

For example, in finding that the federal courts still have jurisdiction to hear cases filed before this year by detainees at Guantanamo Bay, the justices put back on track for decision a dozen cases in the lower courts here that challenge basic rules and procedures governing life for the hundreds of people confined at the United States naval base there.

In ruling that the congressional "authorization for the use of military force," passed in the days immediately following the Sept. 11, 2001 terrorist attacks, cannot be interpreted to legitimize the military commissions, the ruling poses a direct challenge to the administration's legal justification for its secret wiretapping program.

Representative Adam Schiff, a California Democrat who has also introduced a bill with procedures for trying the Guantanamo detainees, said the court's refusal to give an open-ended ruling to the force resolution meant that the resolution could not be viewed as authorizing the National Security Agency's domestic wiretapping.

Perhaps most significantly, in ruling that Common Article 3 of the Geneva Conventions applies to the Guantanamo detainees, the court rejected the administration's view that the article does not cover followers of Al Qaeda. The decision potentially opened the door to challenges, by those held by the United States anywhere in the world, to treatment that could be regarded under the provision as inhumane.

Justice Stevens said that because the charge against Mr. Hamdan, conspiracy, was not a violation of the law of war, it could not be the basis for a trial before a military commission. Justice Kennedy did not join this section of the opinion, leaving it with only four votes, because he said it was unnecessary given the general finding that the commissions were invalid.

Post's Barbash Explains Supreme Court GITMO Ruling
http://www.washingtonpost.com/wp-dyn/conte...errer=emaillink

http://blog.washingtonpost.com/benchconference/

http://counterterrorismblog.org/2006/06/pr...ngress_will.php

Prediction: Bush & Congress Will Override the Supreme Court's Gitmo Decision (updated)
By Andrew Cochran

The news networks are proclaiming that the Supreme Court handed the President a "strong rebuke" in the Hamdan case by declaring the proposed Gitmo trials are illegal under U.S. law and international Geneva conventions.

Oh, really?

The decision is actually a huge political gift to President Bush, and the detainees will not be released that easily. The President and GOP leaders will propose a bill to override the decision and keep the terrorists in jail until they are securely transferred to host countries for permanent punishment. The Administration and its allies will release plenty of information on the terrorist acts committed by the detainees for which they were detained (see this great ABC News interview with the Gitmo warden). They will also release information about those terrorist acts committed by Gitmo prisoners after they were released. They will challenge the "judicial interference with national security" and challenge dissenting Congressmen and civil libertarians to either stand with the terrorists or the American people. The Pentagon will continue to release a small number of detainees as circumstances allow. The bill will pass easily and quickly. And if the Supremes invalidate that law, we'll see another legislative response, and another, until they get it right. Just watch.

UPDATES: Michelle Malkin quotes a statement by Sens. Graham and Kyl: "We intend to pursue legislation in the Senate granting the Executive Branch the authority to ensure that terrorists can be tried by competent military commissions. Working together, Congress and the administration can draft a fair, suitable, and constitutionally permissible tribunal statute." Senate Majority Leader Bill Frist echoed their comments and promised, "I will pursue the earliest possible action in the United States Senate."

June 29, 2006 12:04 PM


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Tracked on June 29, 2006 05:12 PM

» SCOTUS to Bush: NO WAI from Wonkette
More Koizumi/Bush/Elvis funnies — though Zengerle fails to point out that the Japanese Prime Minister looks remarkably like Jim Jarmusch. Or is that just us? [The Plank] There’s some sort of fight going on over in liberal blog-land, involvi... [Read More]

Tracked on June 29, 2006 05:30 PM

» A good dissent from Don Surber
UPDATE: Andrew Cochran predicts Bush & Congress Will Override the Supreme Court's Gitmo Decision. ... Sounds like a good backup plan to me. [Read More]

Tracked on June 29, 2006 06:02 PM

» A good dissent from Don Surber
UPDATE: Andrew Cochran predicts Bush & Congress Will Override the Supreme Court's Gitmo Decision. ... Sounds like a good backup plan to me. [Read More]

Tracked on June 29, 2006 06:03 PM

» A good dissent from Don Surber
UPDATE: Andrew Cochran predicts Bush & Congress Will Override the Supreme Court's Gitmo Decision. ... Sounds like a good backup plan to me. [Read More]

Tracked on June 29, 2006 06:03 PM

» Hamdan v. Rumsfeld a Gift for Bush and Co.? from The Art of the Blog
(Via Michelle Malkin and Instapundit) Andrew Cochran and the Counterterrorism Blog has this to say about today's Hamdan decision: The decision is actually a huge political gift to President Bush, and the detainees will not be released that easily. The ... [Read More]

Tracked on June 29, 2006 06:05 PM

» Supreme Court Rules Against Gitmo from Front Page
The New York Times is absolutely incapable of unbiased, factual news reporting. They could have simply reported the arguments and outcome of Hamden vs. Rumsfeld, the case to determine whether the Geneva Convention applies to terrorists being held at ... [Read More]

Tracked on June 29, 2006 06:08 PM

» Supreme Court Rejects Guantanamo War Crimes Trials from The New Editor
The Washington Post's William Branigin reports: (emphasis added) The Supreme Court today delivered a stunning rebuke to the Bush administration over its plans to try Guantanamo detainees before military commissions, ruling that the commissions violate U. [Read More]

Tracked on June 29, 2006 06:17 PM

Tonight C-Span has this scheduled:

U.S. Supreme Court Hamdan v. Rumsfeld Oral Argument (10:45pm)

(Time given is Eastern)


lenal

http://news.yahoo.com/s/nm/20060629/pl_nm/...HNlYwN5bmNhdA--

Court curbs Bush power, fans Guantanamo debate By Caroline Drees, Security Correspondent
Thu Jun 29, 3:48 PM ET

WASHINGTON (Reuters) - By declaring the Guantanamo Bay military tribunals illegal, the U.S. Supreme Court put fresh curbs on President George W. Bush's powers in the war on terrorism and gave ammunition to those demanding the prison be closed.

Thursday's ruling, in a case brought by Osama bin Laden's former driver, Salim Ahmed Hamdan, marks the third time the nation's highest court has placed limits on the president's powers in the fight against terrorism and dealing with prisoners at Guantanamo Bay.

The court found the tribunals, which Bush created right after the September 11 attacks, violated the Geneva Conventions and U.S. military rules.

"The administration was asserting incredibly broad, essentially plenary, executive authority in this very broadly and very nebulously defined context of the war on terror," said retired Air Force lawyer, Lt. Col. Jeffrey Walker. "This is nothing but a slap in the face of the administration."

Critics have often accused the Bush White House of using the war against terrorism to expand executive powers while curtailing congressional oversight. Among the most frequent examples they cite is a secret domestic eavesdropping program that has enraged both Republican and Democratic lawmakers.

Todd Gaziano, a Supreme Court expert at the conservative Heritage Foundation, said Thursday's Supreme Court ruling placed inappropriate limits on executive authority.

"It is profoundly disturbing that the court would take away from the commander in chief the sole discretion of determining what is militarily necessary," he said, describing the ruling as "a historical disgrace on the court."

But he said the decision would not have a major impact on the president's ability to wage the war against terrorism, since he could still resort to other procedures not denied by the court and Congress could "fix the errors that the court has read into the treaties and statutes."

THE FUTURE OF GUANTANAMO

The United States currently holds about 450 detainees at Guantanamo Bay prison, most detained without charges for more than four years. Hamdan is one of only 10 prisoners who have been charged with crimes and face the tribunal.

While the decision has no direct bearing on the future of the controversial detention center, legal and security experts say it has indirectly strengthened the hand of those demanding it be closed.

Scott Silliman, a retired Air Force attorney who is now executive director of Duke University's Center on Law, Ethics and National Security in North Carolina, said that while the ruling only affected the 10 men who were charged, it reopened the festering question of what to do with the roughly 440 others.

The Supreme Court decision quickly triggered calls by critics such as the American Civil Liberties Union, which said "the president should make good on his promise and close Guantanamo." Bush had said last week he eventually wanted to shut the prison.

"My suspicion is that the whole future of the Guantanamo structure is now in some turmoil," said Michael Krauss, a law professor at George Mason University in Virginia and a fellow at the Foundation for the Defense of Democracies, which is hawkish on national security issues.

Krauss called the ruling a "devastating defeat for the administration, and I'm not rejoicing that this is the case."

Former Air Force officer Walker, who now works in a private practice, said the ruling would probably open the door for new legal challenges to the Guantanamo system soon.

"It's coming," he said. "The next obvious issue might well be somebody trying to challenge the indefinite detention issue."

http://news.yahoo.com/s/ap/20060629/ap_on_...DMzBHNlYwM3MDM-

Bush vows to pursue detainee war trials
By TERENCE HUNT, AP White House Correspondent
Thu Jun 29, 5:00 PM ET



After a Supreme Court decision overruling war crimes trials for Guantanamo Bay detainees, President Bush suggested Thursday he would seek Congress' approval to proceed with trying terrorism suspects before military tribunals.

"To the extent that there is latitude to work with the Congress to determine whether or not the military tribunals will be an avenue in which to give people their day in court, we will do so," he said. "The American people need to know that the ruling, as I understand it, won't cause killers to be put out on the street."

Bush said little more, saying he had received only a "drive-by briefing" on the ruling just out earlier Thursday morning.

The Supreme Court decided that Bush's proposed trials for certain detainees at the controversial U.S. prison in Cuba were illegal under U.S. law and international Geneva conventions. A separate opinion, written by Justice Stephen Breyer, appeared to invite Bush to go to Congress to seek the authority to change that, and Bush's short answer indicated that is his intention.

The president declined to say whether the decision would prompt him to more quickly follow through on his promise to close the prison, as many world leaders and human rights groups have urged.

"We will seriously look at the findings," Bush said. "And one thing I'm not going to do, though, is I'm not going to jeopardize the safety of the American people. People got to understand that. I understand we're in a war on terror, that these people were picked up off of a battlefield, and I will protect the people and at the same time conform with the findings of the Supreme Court."

White House spokesman Tony Snow said later that Bush still wants to close the Guantanamo Bay facility once the administration can determine what to do with the prisoners, and he said the Supreme Court decision does not affect that.

"This will not mean closing down Guantanamo Bay," Snow said. "There is nothing in this opinion that dictates closing down Guantanamo Bay. We're studying very careful what other implications there may be."

Bush also warned North Korea not to test-fire a long-range missile, saying Pyongyang must tell the world its intentions for any launch.

"Launching the missile is unacceptable," Bush said in the East Room news conference alongside Japanese Prime Minister Junichiro Koizumi.

Bush said that he and the Japanese leader discussed concerns about what is loaded onto the missile and where North Korea intends to aim it. He asked the North Koreas to make their plans more clear.

"There have been no briefings as to what's on top of the missile. He hasn't told anybody where the missile's going," the president said in a reference to North Korean leader Kim Jong Il. "He has an obligation, it seems like to me and to the prime minister, that there be a full briefing to those of us who are concerned about this issue as to what his intentions are."

Said Koizumi, through a translator: "Should they launch a missile, that will cause various — we would apply various pressures. ... I believe it is best that I do not discuss what specific pressures we were talking about."

Bush said the situation with Pyongyang presents an opportunity to increase global cooperation on missile defense systems.

"The Japanese cannot afford to be held hostage to rockets. And neither can the United States or any other body that loves freedom," the president said. "And so one really interesting opportunity is to share and cooperate on missile defenses."




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Thursday, June 29, 2006
The significance of Hamdan v. Rumsfeld

(updated below)

The Supreme Court today, by a 5-3 decision (.pdf) in Hamdan v. Rumsfeld, held that the Bush administration's military commissions at Guantanamo (a) exceed the president's legal authorization given by Congress and ( violate the law of war, including Common Article 3 of the Geneva Conventions which, the Court held, applies to all detainees in any armed conflict, including Al Qaeda members.

This is a complicated decision involving complex and sometimes arcane legal issues, and is rendered somewhat more complicated by the fact that Justice Kennedy joined in most but not all of the majority's decision [the Court's opinion was authored by Stevens and joined by Souter, Ginsburg, Breyer and (with some exceptions) Kennedy; in dissent was Scalia, Thomas and Alito. Roberts ruled in favor of the administration in the appellate court (right before he was nominated to the Supreme Court) and therefore did not participate in the ruling]. But the most significant parts of the decision were joined by five justices, rendering it binding. This is a very significant legal defeat, in several ways, for the administration. Following are preliminary observations about this decision:

(1) The Supreme Court held [Sec. VI(D)(ii) of the court's opinion] that Common Article 3 of the Geneva Conventions applies to all detainees captured in military conflicts, including Al Qaeda members or other "enemy combatants," and not merely (as the Administration asserted) to soldiers who fight for established countries which are signatories to the Conventions.

Article 3 requires that detainees be tried by a "regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples," and the Court ruled [Sec. VI(D)(iii)] that the military commissions established at Guantanamo violate that requirement because they are not regularly constituted tribunals but instead are specially constituted courts in the absence of any emergency. Thus, under the Geneva Conventions, any and all detainees captured in armed conflict can be tried only by a "regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

(2) The Court did not rule on whether it could, in the absence of Congressional mandates, compel the administration to abide by the Geneva Conventions. The Court did not need to rule on this question, because it found [Sec. IV] that the administration was required by Congress -- as part of the Uniform Code of Military Justice ("UCMJ") -- to comply with the rules of law when creating and implementing military commissions. Thus, the Court enforced the Congressional statutory requirement that the administration comply with the rules of law with regard to all military commissions, and rejected any claims by the administration to possess authority to override or act in violation of that statute.

(3) The Court dealt several substantial blows to the administration's theories of executive power beyond the military commission context. And, at the very least, the Court severely weakened, if not outright precluded, the administration's legal defenses with regard to its violations of FISA. Specifically, the Court:

(a) rejected the administration's argument [Sec. IV] that Congress, when it enacted the 2001 Authorization to Use Military Force in Afghanistan and against Al Qaeda ("AUMF"), implicitly authorized military commissions in violation of the UCMJ. In other words, the