Jihad Ahmed Mustafa Dhiab
Jihad Ahmed Mustafa Dhiab | |
|---|---|
| Born | July 10, 1971 Lebanon |
| Other names | Abu Wa'el Dhiab |
| Occupation | Former detainee |
| Known for | Detention at Guantanamo Bay, hunger strikes, litigation concerning force-feeding |
Jihad Ahmed Mustafa Dhiab, also identified as Abu Wa'el Dhiab, was born in Lebanon on July 10, 1971. He was held without formal charges at the United States' Guantanamo Bay detention camp located in Cuba until his eventual transfer to Uruguay. His Internment Serial Number at Guantanamo was 722. Dhiab participated in the group of detainees known for engaging in hunger strikes.
Together with five other individuals, he received asylum in Uruguay, a move connected to a trade arrangement that permitted Uruguay to export oranges to the United States. His release and relocation to Uruguay occurred on December 7, 2014.
Capture
In 2002, Dhiab was apprehended in Lahore, Pakistan and subsequently moved to Guantanamo Bay. Despite accusations by U.S. authorities regarding his alleged militant associations, no formal charges were ever brought against him. Over the course of his twelve-year detention, he undertook hunger strikes as a form of protest against his confinement.
Wife
Dhiab's spouse, Yusra al-Hussein, was subjected to extrajudicial detention in Syria in July 2008. According to reports from Amnesty International, she was released on July 22, 2009.
Official status reviews
The administration under Bush initially maintained that individuals captured during the "war on terror" were not entitled to protections under the Geneva Conventions, allowing them to be held indefinitely without formal charges or transparent review processes. Critics contended that the Combatant Status Review Tribunals were prejudiced and permitted evidence obtained under coercion without legal counsel. In 2004, the United States Supreme Court determined in Rasul v. Bush that detainees must be notified of the accusations they face and granted the opportunity to challenge them.
Office for the Administrative Review of Detained Enemy Combatants
Following this Supreme Court decision, the United States Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants. A Summary of Evidence memorandum was compiled for Dhiab’s Combatant Status Review Tribunal dated September 25, 2004. This document outlined nine allegations against him.
Additional Summary of Evidence memos related to his 2005 through 2008 Administrative Review Board hearings have also been released. Significant accusations included:
- Providing shelter to Abu Musab Al Zarqawi;
- Possessing skills in document forgery;
- Being affiliated with Asbat Al Ansar;
- Planning to attend Khalden training camp but reportedly attending a camp near Khandahar airport instead;
- Eliciting distrust from senior al Qaida figures due to his unvetted presence at training camps;
- Being suspected because of connections with takfiri organizations;
Habeas corpus petition
A writ of habeas corpus was submitted on Dhiab’s behalf. The enactment of the Military Commissions Act of 2006 prevented Guantanamo detainees from accessing the U.S. civil court system, effectively suspending habeas petitions. Nonetheless, on June 12, 2008, the Supreme Court ruled in Boumediene v. Bush that detainees retain the right to petition federal courts, allowing these habeas cases to proceed once again. Judges reviewing such petitions evaluated whether sufficient evidence existed to justify labeling detainees as "enemy combatants."
Previously Classified Joint Task Force Guantanamo Evaluation
On April 25, 2011, the whistleblowing organization WikiLeaks released confidential evaluations prepared by analysts from Joint Task Force Guantanamo. Among these was Dhiab’s report, dated April 21, 2008, which disclosed internal judgments about detainees and the potential risks they posed. These revelations underscored the challenges involved in determining detainee status and contributed to ongoing discussions surrounding legal and policy frameworks.
Litigation Concerning Hunger Strikes
Although the U.S. government authorized Dhiab’s release in 2009, his actual transfer occurred in December 2014. Throughout his detention, Dhiab engaged in hunger strikes as a form of protest, leading authorities to resort to forced cell removals and involuntary feeding procedures.
In 2013, with legal representation from Alka Pradhan and Reprieve, Dhiab filed an injunction in the United States District Court for the District of Columbia aiming to halt the practice of force-feeding. District Judge Gladys Kessler determined that she did not have jurisdiction over conditions at Guantanamo. After the D.C. Circuit Court dismissed this jurisdictional challenge, Dhiab renewed his request for an injunction but was once again denied relief in 2014.
During the discovery phase, the government revealed classified "SECRET" video recordings depicting Dhiab’s force-feeding sessions. Sixteen media organizations intervened to gain access to these tapes. In October 2014, Judge Kessler ordered their release; however, the D.C. Circuit later deferred jurisdiction and requested additional government statements. Subsequently, in December 2015, Kessler again mandated that redacted versions of the tapes be made public.
In March 2017, the D.C. Circuit unanimously overturned this decision, voting to keep the videos classified on national security grounds. Senior Judge A. Raymond Randolph emphasized that there is no press entitlement to access classified habeas corpus materials and deferred to military assertions regarding security risks. Judges Judith W. Rogers and Stephen F. Williams agreed on national security concerns but expressed reservations about the comprehensive secrecy applied to all Guantanamo documents.
Post-Release Developments
Dhiab was transferred to Uruguay on December 7, 2014, where he and two other former detainees faced significant challenges adapting to their new environment.
By June 18, 2016, his whereabouts became unknown. On July 1, 2016, Avianca Airlines in Colombia circulated an internal alert in São Paulo, Brazil, requesting staff to report any sightings of him.
He sought assistance at the Uruguayan Embassy in Caracas, Venezuela, expressing a desire to travel to Turkey to reunite with family and stating he did not wish to return to Uruguay. Authorities detained him in Caracas on July 26, 2016.
Dhiab commenced a hunger strike due to dissatisfaction with his circumstances. Reports by September 9, 2016 indicated his health was declining amid the strike in Montevideo. An Uruguayan official disclosed efforts were underway to find "another country willing to accept Dhiab." On September 14, a medical professional confirmed he had fallen into a coma resulting from his extended hunger strike; following treatment and regaining consciousness, he resumed fasting.
On December 17, 2016, after attempting entry into South Africa as a tourist, he was deported back to Uruguay.
On July 24, 2017, after entering Morocco using a fraudulent Tunisian passport, he was again deported to Uruguay; he reiterated his intention to join family members residing in Turkey.
In early 2018, accusations emerged alleging connections between Dhiab and ISIS; he responded by accusing a business proprietor of misappropriating assets valued at approximately US$35,000.
By June 2018, he had departed Uruguay for Turkey once more; it remains uncertain whether Turkish authorities subsequently deported him.
External links
- Remaining Detainees at Guantánamo: Part Seven – Captured in Pakistan (3 of 3) Andy Worthington, October 13, 2010
- Guantánamo Docket Profiles provided by The New York Times