Abdul Rahman Shalabi
Abdul Rahman Shalabi | |
|---|---|
| Born | December 4, 1975 Saudi Arabia |
| Occupation | Detainee |
| Known for | Detention at Guantanamo Bay detention camp, hunger strike |
Abdul Rahman Shalabi (born December 4, 1975) is a Saudi national who was detained without formal charges at the United States' Guantanamo Bay detention facility in Cuba. His assigned Guantanamo Internment Serial Number was 42.
He was brought to the camp on January 11, 2002—the very day it commenced operations—and remained in custody until his release on September 21, 2015. Throughout his detention, he was often labeled as an associate of Osama bin Laden’s personal security and a member of al Qaeda; however, he consistently refuted these claims.
Official status reviews
During the Bush administration, it was initially maintained that individuals apprehended during the "war on terror" were not entitled to protections under the Geneva Conventions and could be held indefinitely without formal charges or transparent judicial review. This stance was challenged in 2004 when the U.S. Supreme Court decided in Rasul v. Bush that detainees at Guantanamo must be informed of the accusations against them and granted the opportunity to contest their detention.
Office for the Administrative Review of Detained Enemy Combatants
In response to the Supreme Court's decision, the United States Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants.
By December 2008, researchers at the Brookings Institution, led by Benjamin Wittes, categorized detainees according to allegations justifying their continued confinement:
- Abdul Rahman Shalabi was alleged to have membership in Al Qaeda.
- He was accused of having received military or terrorist training within Afghanistan.
- Reports indicated he had engaged in combat alongside Taliban forces.
- He was purportedly present at the Tora Bora battlefield.
- His name or aliases appeared among materials seized during raids on Al Qaeda.
- He was alleged to have been part of Osama Bin Laden’s security detail.
- Classified as an operative affiliated with Al Qaeda.
- Shalabi was one of 82 detainees who either did not make statements or whose statements failed to address substantively the military allegations against them.
Habeas corpus petition
A writ of habeas corpus titled Abdul Rahman Shalabi v. George W. Bush was filed on his behalf. On May 19, 2005, the Department of Defense released eighteen pages of unclassified documents related to his Combatant Status Review Tribunal proceedings.
On November 5, 2004, Tribunal panel 19 upheld his designation as an "enemy combatant," basing its decision on classified evidence.
Detainee election form
The Detainee election form provided by his Personal Representative records a brief fifteen-minute interview conducted prior to the Tribunal on November 4, 2004. The document states:
Recorder exhibit list
Among the released materials was a Recorder exhibit list detailing evidence submitted:
| Exhibit Number | Document Title | Classification |
|---|---|---|
| RI | Unclassified Summary | UNCLASSIFIED |
| R2 | FBI Certification Regarding National Security Redactions dated October 27, 2004 | UNCLASSIFIED |
| R3 | FBI 302 dated March 16, 2002 | FOUO//LES |
| R4 | FBI 302 dated August 29, 2002 | FOUO//LES |
| R5 | FBI 302 dated May 17, 2003 | FOUO//LES |
| R6 | IIR 6 034 0743 03 | SECRET//NOFORN |
| R7 | CITF FM 40 dated June 14, 2004 | SECRET//NOFORN |
| R8 | CITF FM 40 dated June 15, 2004 | SECRET//NOFORN |
| R9 | Knowledgeability Brief dated February 1, 2002 | SECRET |
| R10 | CITF Recommendation Memo dated April 26, 2004 | SECRET//NOFORN |
| R11 | JTF GTMO Baseball Card | SECRET//NOFORN |
| R12 | IIR 6 034 0993 03 | SECRET//NOFORN |
The passage of the Military Commissions Act of 2006 effectively prevented Guantanamo detainees from accessing U.S. civil courts, resulting in a suspension of all habeas corpus petitions.
However, on June 12, 2008, the United States Supreme Court ruled in Boumediene v. Bush that detainees retained their constitutional right to seek federal court review, thereby reinstating habeas corpus filings.
Subsequently, on July 18, 2008, attorney Julia Tarver Mason refiled Shalabi's habeas petition. The submission noted that five other Saudi nationals originally included had been repatriated: Saleh Al-Oshan, Zaben Al Shammari, Abdullah Al Otaibi, Fahd Nasser Mohamed, and Musa Al Wahab.
The petition highlighted deficiencies in Department of Defense disclosures:
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Additionally, it referenced that Shalabi faced a transfer order. Defense counsel filed motions requesting advance notification of any detainee transfers due to concerns over client safety following relocations to countries perceived as potentially hazardous.
Previously Confidential Joint Task Force Guantanamo Evaluation
On April 25, 2011, the whistleblowing platform WikiLeaks disclosed previously classified evaluations prepared by analysts from the Joint Task Force Guantanamo. One such detainee assessment, dated May 14, 2008, spanned eleven pages and bore the signature of camp commander Rear Admiral David M. Thomas Jr., who advised that detention should continue.
Guantanamo Joint Review Task Force
When President Barack Obama assumed office in January 2009, he committed to ending torture at Guantanamo and introduced a new multi-agency review process involving six departments, replacing the Department of Defense–exclusive OARDEC reviews. The Joint Review Task Force report identified certain detainees as too dangerous for release despite lacking sufficient evidence to bring formal charges. This report was made public on April 9, 2013, following a FOIA request.
Among the 71 detainees classified as too risky to free but without charge was Abdul Rahman Shalabi. Although President Obama assured that these individuals would be evaluated by a Periodic Review Board, by March 2021 fewer than 25% had undergone such reviews.
Periodic Review Board
Abdul Rahman Shalabi appeared before a Periodic Review Board on April 21, 2015. The Board recommended his release on June 15. This recommendation was initially reported by Carol Rosenberg of the Miami Herald.
Prolonged Hunger Strike
In May 2008, the Gulf News reported that Shalabi, alongside detainee Ahmad Zaid Salem Zuhair, remained engaged in a hunger strike that had started in August 2005. No weight measurements were shared during the initial three months, during which he lost 26 pounds. Afterwards, his weight was monitored every three to four days. Standing at 68 inches tall, his healthy weight range was estimated between 118 and 160 pounds.
On September 26, 2009, Shalabi penned a letter outlining deteriorating health conditions attributed to decisions reversed by a newly appointed officer in charge. The Associated Press reported on November 3, 2009, that Dr. David Wright noted Shalabi’s weight had fallen to 108 pounds. His lawyer Julie Mason Tarver indicated he was nearing organ failure. Wright confirmed that in May 2009 his weight had been recorded at 134 pounds. By late October of that year, an additional 29 detainees were participating in hunger strikes.
An affidavit provided by Dr. Sondra Crosby from Boston University School of Medicine, who examined Shalabi, stated: "It is uncontested that Mr. Shalabi requires increased caloric intake or he will die." She also mentioned that his weight loss might be caused by other medical conditions such as hyperthyroidism, cancer, or infection.
In his letter, Shalabi described intense pain caused by force-feeding and reported how the officer in charge revoked accommodations like light screens, leading to severe headaches.
Release from Guantanamo Bay
Abdul Rahman Shalabi attended a Periodic Review Board hearing on April 21, 2015. By June 15, the Board had recommended his release from detention at Guantanamo Bay. This development was first disclosed by Carol Rosenberg of the Miami Herald.
On June 26, 2015, the Periodic Review Board officially approved Shalabi's release, permitting his repatriation to Saudi Arabia.