Djamel Ameziane
Djamel Saiid Ali Ameziane | |
|---|---|
| Born | February 14, 1967 Algiers, Algeria |
| Occupation | Former detainee |
| Known for | Detention at Guantanamo Bay without formal charges; habeas corpus petition |
Djamel Saiid Ali Ameziane (born 14 February 1967) is an Algerian national who previously resided in Canada and France. He was held without formal charges at the United States Guantanamo Bay detention camp located in Cuba. With legal representation from Burlington attorney Robert D. Rachlin, Ameziane submitted a habeas corpus petition (Civil Action No. 05-392) in 2005. In 2006, Rachlin highlighted that documents released from the Administrative Review Board contained no proof that Ameziane possessed weapons or engaged in hostile actions against the U.S., characterizing his detention as "guilt by association."
Ameziane remained detained at Guantanamo for more than eleven years. On December 5, 2013, he was repatriated to Algeria despite concerns regarding potential mistreatment upon his return.
Life
Born in 1967 in Algiers, Algeria, Ameziane left the country amid the Algerian Civil War in 1992. He settled in Austria, where he worked as a chef until 1995, when his application for an extended work permit was denied. Subsequently, he moved to Canada using a forged Dutch passport, lived in Montreal, and sought political asylum. After his asylum request was rejected in 2000, he relocated to Afghanistan.
Following the U.S. military invasion of Afghanistan in October 2001, Ameziane tried to flee to Pakistan to avoid the conflict but was captured by a local tribal group and handed over to Pakistani officials, who then transferred him into U.S. custody.
Guantanamo Bay detention camp
In 2002, Ameziane was brought to the Guantanamo Bay detention camp, where he was held without formal charges. In March 2006, the U.S. Department of Defense released materials from his Administrative Review Board hearings, which included allegations that he frequented mosques in Montreal associated with al-Qaeda, received financial support from a Tunisian linked to the group, stayed at an Afghan guesthouse utilized by Taliban members, and traveled alongside Taliban affiliates. His legal counsel disputed these assertions, emphasizing the absence of any evidence indicating he fought against U.S. or Northern Alliance forces.
Role of Canadian security officials
In July 2008, Canadian courts ordered the release of interrogation recordings involving Canadian youth detainee Omar Khadr from 2004. On July 27, Toronto Star journalist Michelle Shephard reported that Canadian intelligence agents had also interviewed three Guantanamo detainees who had previously lived in Canada: Ahcene Zemiri, Djamel Ameziane, and Mohamedou Ould Slahi.
Habeas corpus petition
The Center for Constitutional Rights (CCR) coordinated legal defense teams representing detainees initially held without access to legal processes. The 2004 decision by the U.S. Supreme Court in Hamdi v. Rumsfeld affirmed detainees' right to file habeas corpus petitions challenging their detention.
Between 2004 and 2005, the Department of Defense conducted Combatant Status Review Tribunals to determine enemy combatant status, supplemented by yearly reviews from an Administrative Review Board. Through arrangements made by the CCR, Ameziane's attorney filed a habeas corpus challenge titled Djamel Said Ali Ameziane v. George Walker Bush in July 2005 contesting his detention. In 2006, defense lawyer Robert Rachlin stated that records failed to demonstrate any hostile conduct by Ameziane—only associations were noted.
After the Supreme Court ruled in Hamdan v. Bush (2006) that military commissions were unconstitutional, Congress enacted the Military Commissions Act of 2006, which authorized military tribunals but curtailed detainees’ habeas corpus rights, resulting in stays on pending cases including that of Ameziane.
Press coverage
The Globe and Mail proposed that Ameziane's contact in Tunisia might have been Raouf Hannachi. In 2008, Michelle Shephard of the Toronto Star speculated that Ameziane could be relocated to Canada, potentially taking advantage of the 2002 Canada-U.S. Safe Third Country Agreement, which permits the United States to transfer up to 200 migrants annually to Canada. Shephard also addressed U.S. claims that Ameziane's mosque attendance in Montreal justified his ongoing detention. His defense attorney, Wells Dixon, disputed the idea that merely attending mosques warranted indefinite detention as an enemy combatant.
On August 22, 2008, the Canadian Press reported that Ameziane alleged he had undergone waterboarding at Guantanamo, described by his lawyer as guards applying a water hose over his nose and mouth for several minutes. Ameziane stated this treatment resulted in enduring psychological trauma.
Advocacy for release
On October 22, 2008, a coalition including Montreal's Anglican Diocese alongside human rights organizations such as Amnesty International declared their intention to sponsor Ameziane’s refugee claim for admission into Canada.
By February 10, 2009, CBC News confirmed Ameziane was one of five Guantanamo detainees backed by refugee sponsorship groups in Canada; others included Maassoum Abdah Mouhammad, Hassan Anvar, and two Uyghur captives from Guantanamo.
On April 17, 2009, the Anglican Journal reported delays in processing Ameziane’s repatriation, attributing them possibly to new detainee reviews initiated by President Barack Obama. Janet Dench from the Canadian Council for Refugees remarked on official reluctance pending results from U.S. internal evaluations.
Barry Clarke, Bishop of Montreal’s Anglican diocese sponsoring Ameziane, acknowledged uncertainties regarding any links to terrorism but stressed that human rights groups conducted comprehensive background checks. The Center for Constitutional Rights concluded that Ameziane was vulnerable to false accusations and was sold to U.S. forces for a bounty while attempting to cross into Pakistan amid conflict.
On March 30, 2012, the Inter-American Commission on Human Rights (IACHR) agreed to review Ameziane’s case. According to The Jurist, the IACHR will examine whether the U.S.’s failure to transfer him adheres to international human rights obligations.
Return to home country
Despite his objections and fears of torture, on December 5, 2013, Ameziane was forcibly repatriated to Algeria. This transfer contravened international statutes including the Convention Against Torture.
Following his return, he has been under observation by the International Committee of the Red Cross and reportedly has not experienced persecution, maintaining financial independence.
On July 21, 2014, U.S. District Judge Ellen Segal Huvelle rejected Ameziane’s petition seeking the return of $8,838 seized upon his capture. The Department of Defense retains such assets citing national security concerns aimed at preventing their misuse.
Jason Leopold noted that Ameziane’s case shed light on a broader U.S. policy involving confiscation of detainees’ funds at Guantanamo. Legal authorities like Gabor Rona and Eugene Fidell contended that this practice amounts to looting or pillaging—acts classified as war crimes under the Geneva Conventions.
Artwork
During his confinement at Guantanamo Bay, Ameziane produced a painting called Shipwrecked Boat. This piece was among seven artworks created by detainees that were displayed at John Jay College in New York during the fall of 2017.
External links
- "Guantánamo Algerian Returns Home; Will Obama Suspend Further Transfers?", Andy Worthington, July 29, 2010
- Ameziane v. Obama / Ameziane v. United States, Center for Constitutional Rights