Algerian Six
| Company type | Group of detainees |
|---|---|
| Industry | Detention and legal cases |
| Founded | During the Bosnian War (1992–1995) |
| Headquarters | Sarajevo , Bosnia and Herzegovina |
Area served | Bosnia and Herzegovina, United States |
The Algerian Six refers to a group of six Algerian nationals who obtained citizenship in Bosnia and Herzegovina during the Bosnian War. Five of them held dual citizenship in Algeria and Bosnia. Beginning in January 2002, they were detained at Guantanamo Bay Naval Base in Cuba without being formally charged.
Initially suspected by the United States, these men were arrested and prosecuted by Bosnian authorities in 2001 but were ultimately released due to insufficient evidence. Nevertheless, in January 2002, Bosnian officials unlawfully handed them over to U.S. intelligence agents in Sarajevo, leading to their transfer to Guantanamo, where they remained imprisoned for years without formal charges. The Human Rights Chamber for Bosnia and Herzegovina officially censured the Bosnian government for their involvement in this transfer.
The detainees submitted habeas corpus petitions within the U.S. federal judicial system, culminating in a 2008 decision by the United States Supreme Court. In Boumediene v. Bush, the Court upheld detainees’ constitutional right to challenge their detention through habeas corpus. Following this ruling, a U.S. District Court ordered the release of five men due to a lack of compelling evidence.
In 2009, three individuals were returned to Bosnia under protective custody arrangements. However, Lakhdar Boumediene was prevented from returning to Bosnia by the U.S., citing concerns over potential reprisals from Algerian authorities; France subsequently granted him residency in Provence, where his family later joined him.
District Judge Richard J. Leon initially recommended that Bensayah Belkacem remain detained, but this decision was overturned by an appeals court in 2010, which found no credible links to al Qaeda and ordered his release.
In late 2004, all six men underwent Combatant Status Review Tribunals (CSRTs), conducted by U.S. military officers. These tribunals designated them as "enemy combatant" based on classified information. The CSRT process drew criticism for its expansive interpretation of "enemy combatant," which risked implicating individuals such as charitable donors who were unaware of any connections between their organizations and al Qaeda.[1]
Former High Representative for Bosnia and Herzegovina and UN official Wolfgang Petritsch revealed that in 2002, the U.S. threatened to withdraw its personnel from the UN mission if protests against transferring the six men out of Bosnia persisted.[2]
The six
The individuals involved were:
| Bensayah Belkacem |
|
| Hadj Boudella |
|
| Lakhdar Boumediene |
|
| Sabir Mahfouz Lahmar |
|
| Mustafa Ait Idr |
|
| Mohammed Nechle |
|
Background
The U.S. Government accused six Algerian nationals residing in Sarajevo, Bosnia-Herzegovina, of connections to Abu Zubaydah and an alleged scheme to bomb the U.S. Embassy in Sarajevo. Reports indicate that the U.S. chargé d'affaires warned Bosnia’s prime minister that diplomatic relations would be terminated if the Algerian Six were not apprehended. Consequently, Bosnian authorities detained, investigated, and prosecuted the men for the purported embassy bombing conspiracy. Nevertheless, the Supreme Court of Bosnia acquitted all six due to insufficient evidence.
The Human Rights Chamber within Bosnia’s judiciary mandated that the government refrain from forcibly deporting these individuals. Despite this ruling, following their release, the men were transferred into the custody of U.S. military police and subsequently moved to Guantanamo Bay detention camp in Cuba.
Wolfgang Petritsch, who was then the leading international official in Bosnia, recalled that U.S. officials exerted pressure on Bosnia to permit this transfer and warned of withdrawing support for an international mission if objections were raised. Legal documents submitted by American attorneys reveal that Christopher Hoh, U.S. chargé d'affaires, cautioned Bosnian Prime Minister Alija Behmen about severing diplomatic ties should the men remain free.
In 2002, Amnesty International highlighted that the Bosnian Supreme Court had explicitly opposed this transfer.
The "Tipton Three", British nationals detained at Guantanamo and released in 2004, recounted the severe treatment endured by the Algerian Six: repeated relocations between cells, enforced nudity, extended interrogation sessions, prolonged shackling, sleep deprivation, and denial of mail or reading materials. They also reported threats made by interrogators against their families if they failed to cooperate.
After their capture by U.S. forces, Bosnia sought their release from Guantanamo Bay. Transcripts from 2004 Combatant Status Review Tribunals (CSRTs) reveal that four of the six detainees testified that interrogators expressed skepticism about any credible evidence linking them to the embassy bombing plot. Clive Stafford Smith, legal director of Reprieve, criticized CSRT proceedings for employing an excessively broad interpretation of "enemy combatant," potentially implicating innocents such as a "little old lady in Switzerland" unknowingly donating to organizations associated with al Qaeda.
Representation
Since July 2004, Wilmer Cutler Pickering Hale and Dorr has collaborated with the Center for Constitutional Rights in pursuing litigation against the federal government on behalf of the Algerian Six. In 2007, a WilmerHale legal team—including Melissa Hoffer, Stephen Oleskey, Rob Kirsch, Mark C. Fleming, Lynne Campbell Soutter, Jeffrey Gleason, Lauren Brunswick, and Allyson Portney—traveled to Guantanamo to provide legal counsel to the detainees. Hoffer also addressed the 17th Concours International de Plaidoiries, where she detailed the harsh abuses suffered by these men at Guantanamo.
USA drops allegation of bomb plot
In 2006, The Washington Post reported that during their Administrative Review Board hearings, U.S. authorities abandoned the prior accusation that the Algerian Six had conspired to bomb the Sarajevo U.S. embassy. The article suggested their continued detention stemmed from the Bush administration's reluctance to acknowledge holding them for four years without substantial proof.
Intelligence assessments cited various reasons for ongoing confinement, including:
- Mustafa Idr’s involvement teaching karate to orphans in Bosnia;
- another detainee’s role as an army cook during mandatory military service in Algeria;
- claims against Boudella alleging participation with bin Laden and Taliban fighters at Tora Bora in December 2001—despite his incarceration in Sarajevo during that period;
- Boudella’s wearing a ring resembling those associated with Hamas’ Red Rose Group; however, his wife provided a sworn statement confirming it was a common local design unrelated to any organization.
The report noted U.S. attempts to negotiate repatriation under conditions of detention or monitoring with Bosnia and Algeria; however, both countries resisted these arrangements. Bosnian officials declared they would not permit return despite some detainees holding dual citizenship. In 2005, Bosnian Prime Minister Adnan Terzić formally requested their repatriation from U.S. Secretary of State Condoleezza Rice, who declined citing ongoing intelligence value and security concerns. The State Department later added Bosnia’s unwillingness to assume responsibility as a factor. Bosnia’s Justice Minister Slobodan Kovač confirmed there was no legal foundation for arrest or surveillance since the men had been cleared domestically.
Pentagon spokesperson J. D. Gordon maintained that initial detentions were justified based on combat-related activities as determined by Defense Department officials.
Boumediene v. Bush (2008)
In October 2008, the United States Supreme Court determined in Boumediene v. Bush that detainees possess the right to file habeas corpus petitions in federal courts, thereby broadening constitutional safeguards. Subsequently, Judge Richard J. Leon concluded that the evidence presented was inadequate to support continued detention and ordered the release of five out of six detainees, excluding Bensayah Belkacem.
Judge Leon remarked:
Permitting enemy combatant status based on such minimal proof contradicts this court's duty; their petitions must be granted and they should be released.
According to a report by El Khabar on March 3, 2009, prior to their release, the detainees signed agreements waiving their right to sue the US government for their capture in Bosnia.
Three individuals were repatriated to Bosnia; later in 2009, Boumediene was granted entry into France, while Nechle returned to Algeria.
External links
- Seema Jilani, "Algerians, freed from Guantanamo, still paying the price", McClatchy News, September 9, 2009
- Bosnia: Algerian Trial Jeopardised, Institute for War and Peace Reporting, December 7, 2001