Adil Hadi bin Hamlili

Adil Hadi bin Hamlili
Born	(1976-06-26) June 26, 1976 Oran, Algeria
Occupation	Former detainee
Known for	Detained at Guantanamo Bay without charges; accused of terrorism; later cleared by Algerian court

Adil Hadi bin Hamlili (born 26 June 1976 in Oran, Algeria) is an Algerian national who was held by U.S. authorities at Guantanamo Bay without formal charges, identified by Internment Serial Number 1452. U.S. officials accused him of acting as an al-Qaeda facilitator, financier, assassin, and informant for Western intelligence services, including British MI6 and Canada’s CSIS. After being designated as "no threat" by the Obama administration's Guantanamo Review Task Force, he was returned to Algeria on 20 January 2010 and subsequently cleared of terrorism allegations by an Algerian court on 21 February 2010.

Identity

The name of Adil Hadi al Jazairi Bin Hamlili appeared in multiple forms within documents from the United States Department of Defense:

• Adil Hadial Al Jazairi Bin Hamlili as noted in the Summary of Evidence for his Combatant Status Review Tribunal dated 16 November 2004.

• Adil Hadi Al-Jaza'iri Bin Hamlili listed in the Summary of Evidence documents for his first and second annual Administrative Review Boards on 25 August 2005 and 7 September 2006 respectively.

Combatant Status Review Tribunal

A Summary of Evidence memo dated 16 November 2004 for Adil Hadial Al Jazairi Bin Hamlili’s Combatant Status Review Tribunal detailed accusations including:

• Links to the Taliban and al Qaeda, including roles as translator for the Taliban Foreign Ministry and interpreter for Taliban Intelligence following the events of September 11, 2001.

• Movement between Pakistan and Afghanistan after 9/11.

• Alleged membership in the Algerian Armed Islamic Group (GIA), classified as a Foreign Terrorist Organization.

• Providing assistance to al Qaeda through financial support, sheltering key figures such as al-Zarqawi, and hosting senior Taliban members.

• Participation in assassination activities connected to enforcing sharia law.

• Awareness of al Qaeda’s attempts to procure nuclear materials.

Records indicate that Bin Hamlili did not take part in his Combatant Status Review Tribunal proceedings.

First annual Administrative Review Board

On 25 August 2005, a Summary of Evidence memo was prepared for Adil Hadi Al-Jaza'iri Bin Hamlili’s initial annual Administrative Review Board. Released in September 2007, this document cited 44 "primary factors favoring continued detention" alongside 2 "primary factors favoring release or transfer".

Transcript

Bin Hamlili took part in his first annual Administrative Review Board hearing.

Second annual Administrative Review Board

A Summary of Evidence memo prepared for Bin Hamlili’s second annual Administrative Review Board on 7 September 2006 was published in September 2007. It outlined 44 "primary factors favoring continued detention" and identified 9 "primary factors favoring release or transfer".

Guantanamo Medical Records

On 16 March 2007, the United States Department of Defense released medical documentation pertaining to detainees.

Habeas Corpus Petition

In 2005, a habeas corpus petition was submitted on behalf of Bin Hamlili. While the Department of Defense published CSR Tribunal documents for 179 detainees, no habeas-related materials concerning him were made publicly available.

Military Commissions Act

The enactment of the Military Commissions Act of 2006 prohibited Guantanamo detainees from seeking relief through the US civil courts, effectively halting all pending habeas corpus cases.

Boumediene v. Bush

On 12 June 2008, the United States Supreme Court decided in Boumediene v. Bush that the Military Commissions Act could not revoke detainees’ rights to access the federal judiciary, thereby permitting habeas petitions to proceed once more.

Reinstatement of Habeas Corpus

Following this ruling, Bin Hamlili's legal representatives requested the reinstatement of his habeas petition. A status update dated 18 July 2008 detailed that he was apprehended in June 2003, detained for ten months in US custody at Kabul, held three to four months at the Bagram Theater Internment Facility, and subsequently transferred to Guantanamo in 2004.

Another detainee, Shaker Aamer, initiated a petition on 15 April 2005. On 19 June 2007, attorneys representing Hamlili filed a Petition for Immediate Release (DTA) under the Detainee Treatment Act—Hamlily v. Gates—case number 07-1225. An amended habeas petition was submitted on 1 July 2008.

While the government has yet to provide a "factual return" in his habeas case, it has responded to his DTA petition.

Return to Algeria

On 20 January 2010, Adil Hadi al Jazairi Bin Hamlili alongside Hasan Zemiri were sent back to Algeria. The Miami Herald highlighted ambiguity regarding whether they were released outright or handed over to Algerian authorities; meanwhile, two other Algerian nationals had secured asylum in France due to concerns about returning to their homeland.

According to his attorney, Clive Stafford Smith, Hamlili was deemed by the Obama administration’s 2009 review process as posing no threat to the United States or its allies. Consequently, he was repatriated as a free individual. Stafford Smith also pointed out that Hamlili endured a psychotic disorder and additional mental health impairments, which were reportedly linked to mistreatment during his detention by US forces.

Upon his return, Hamlili faced terrorism-related charges in Algeria but was acquitted on 21 February 2010.

External links

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