Ghaleb Nassar Al Bihani
Ghaleb Nassar Al Bihani | |
|---|---|
| Born | 1979 Tabuk, Saudi Arabia |
| Occupation | Former detainee at Guantanamo Bay detention camp |
| Known for | Detention at Guantanamo Bay; first habeas corpus case examined by higher judicial authority among detainees |
Ghaleb Nassar Al Bihani is a Yemeni national who was previously held at the United States detention center in Guantanamo Bay, Cuba. According to the Department of Defense, his birth year is estimated to be 1979, with Tabuk, Saudi Arabia listed as his place of birth.
According to various media sources, al-Bihani was primarily known as a cook for the Taliban’s 55th Arab Brigade. His habeas corpus case was notably the first among Guantanamo detainees to be examined by a higher judicial authority.
On May 28, 2014, the Periodic Review Board recommended al-Bihani for release. He was initially detained at Guantanamo on January 17, 2002, and later transferred to Oman with nine other detainees on January 16, 2017.
Official status reviews
During the Bush administration, it was initially claimed that individuals captured in the "war on terror" were not protected under the Geneva Conventions and could be held indefinitely without formal charges or transparent judicial processes. However, in 2004, the United States Supreme Court decided in Rasul v. Bush that detainees at Guantanamo must be informed of the accusations against them and permitted to challenge their detention.
Office for the Administrative Review of Detained Enemy Combatants
In response to this ruling, the United States Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants.
A 2008 report from the Brookings Institution, led by Benjamin Wittes, categorized detainees according to military allegations:
- Ghaleb Nassar Al Bihani was accused of being affiliated with the Taliban, traveling to Afghanistan for jihadist purposes, residing in Al Qaeda or Taliban safehouses, undergoing military or terrorist training, engaging in combat for the Taliban, and being captured under conditions indicating hostile involvement.
- He was classified as a foreign fighter and counted among 36 detainees who acknowledged membership or substantial association with Al Qaeda, the Taliban, or comparable groups antagonistic to the United States.
- He admitted to participating in combat operations on behalf of Al Qaeda or the Taliban.
This categorization reflects how the Department of Defense structured detainee classifications based on perceived security risks and organizational ties.
Writ of habeas corpus
A writ of habeas corpus was submitted on behalf of Ghaleb Nassar Al Bihani before US District Court Judge Richard J. Leon. On January 29, 2009, Judge Leon determined that although al-Bihani had served solely as a cook, his Combatant Status Review Tribunal had designated him an enemy combatant—citing Napoleon Bonaparte’s phrase: "An Army marches on its stomach."
Al Bihani’s attorney, Shereen Charlick, appealed this decision to the DC Circuit Court of Appeals. She contended that members of the 55th Arab Brigade "never had an opportunity to declare neutrality," and argued that Ghaleb "was attempting to flee... It could be argued that he aided U.S. efforts by surrendering."
The appeal was heard by judges Janice Rogers Brown, Brett Kavanaugh, and Stephen F. Williams on October 2, 2009. Although some doubts were expressed during proceedings, no immediate verdict was delivered. Unlike a comparable case involving Bensayah Belkacem—which involved classified evidence and a closed hearing excluding Charlick despite her security clearance—this appeal hearing was conducted publicly.
The appellate panel issued its ruling on January 5, 2010. The judges concluded that presidential authority during wartime to detain terrorism suspects is not constrained by international laws of war. This broad decision applied universally to all Guantanamo detainees and was characterized by legal experts as contradicting Supreme Court precedent.
Guantanamo Review Task Force
On January 22, 2009, President Barack Obama initiated the Guantanamo Review Task Force through Executive Orders. This senior-level group classified detainees into three categories: those facing formal charges; individuals cleared for release; and detainees who could not be prosecuted but were considered too dangerous to free.
Ghaled Nassar al-Bihani was placed in the last category—unable to be charged with a crime but recommended for continued detention due to the perceived security risk he posed. These detainees underwent periodic evaluations to determine whether their detention remained necessary.
Periodic Review Board
Al-Bihani was the fourth detainee scheduled for a hearing before the Periodic Review Board (PRB), which took place on April 8, 2014. Senior representatives from the Departments of Defense, State, Justice, Homeland Security, and Intelligence assembled near Washington, D.C. Al-Bihani attended via video conference, accompanied by his civilian attorney Pardiss Kebraie and Personal Representatives. Portions of the unclassified hearing were accessible to limited media and human rights observers.
Two documents were made public: a concise "Guantanamo Detainee Profile" stating that al-Bihani was "almost certainly" affiliated with al Qaeda and noting that his brothers had jihadist connections; and a detailed four-page submission from his Personal Representatives and legal counsel.
His Personal Representative contended that al-Bihani did not fulfill the criteria of an ongoing threat—namely having the capability, intent, and opportunity—all necessary conditions to justify continued detention under the review standards.
Reports his brother was killed fighting in Somalia
According to the Long War Journal in November 2011, a martyrdom notice was issued for Abu 'Asim al Tabuki Mansour Nasser al Bihani. This brother had combat experience in Chechnya, resided in Afghanistan until the Taliban's collapse, was apprehended in Saudi Arabia, transferred to Yemen where he escaped incarceration, and ultimately died while engaged in combat against jihadist factions in Somalia. It is reported that two of his brothers were held at Guantanamo.
See also
- Tolfiq Nassar Ahmed Al Bihani his brother
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010
- Human Rights First; Habeas Works: Federal Courts’ Capacity to Handle Guantánamo Cases (2010)
- Nine Years After 9/11, US Court Acknowledges Limits on President’s Wartime Powers Andy Worthington, September 8, 2010