Mohammed Nechle

Mohammed Nechle
Born	(1968-04-02) April 2, 1968 Algeria
Occupation	Red Crescent employee
Known for	Wrongful detention at Guantanamo Bay

Mohammed Nechle (born 2 April 1968) is a Bosnian national who endured nearly seven years of wrongful detention as an "enemy combatant" at the United States' Guantanamo Bay detention facility located in Cuba.

Originally from Algeria, Nechle relocated to Bosnia during the 1990s, where he obtained citizenship and married a local resident. At the time of the September 11, 2001 terrorist attacks, he was employed by the Red Crescent organization.

Nechle successfully filed a habeas corpus petition challenging his confinement; US District Judge Richard J. Leon determined there was no proof that Nechle intended to engage in armed hostilities against US forces in Afghanistan. Consequently, the judge ruled his detention illegal and ordered his release in November 2008. Nechle returned to Bosnia on 16 December 2008.

Arrest and judicial proceedings in Bosnia

Nechle, along with five other Bosnian nationals of Algerian heritage, were suspected by US intelligence agencies of disguising terrorist plans to bomb the US embassy in Sarajevo under the guise of charitable activities. They were arrested, formally charged, subjected to trial, and ultimately acquitted by Bosnian courts.

Detention without charges and transfer by US forces

Following their acquittal, these six individuals were apprehended once more by joint US and Bosnian authorities without new charges and subsequently transferred to Guantanamo Bay, where they remained detained for four years.

Combatant Status Review Tribunal

The Bush administration initially asserted that detainees captured during the war on terror were not entitled to protections under the Geneva Conventions. This position faced judicial scrutiny, with arguments emphasizing the necessity for competent tribunals to evaluate detainees’ eligibility for prisoner of war status.

In response, the United States Department of Defense established Combatant Status Review Tribunals. These tribunals did not determine lawful combatant status but instead assessed whether detainees met the administration’s criteria for classification as enemy combatants.

Mohammed Nechle opted to participate in his Tribunal. The Associated Press acquired unclassified files for approximately ten percent of Guantanamo detainees, which included Nechle’s dossier.

Allegations

Nechle’s unclassified file consists of 54 pages. The "Summary of Evidence" memorandum outlines specific allegations against him:

Administrative Review Board

Individuals designated as "enemy combatants" by their Combatant Status Review Tribunal underwent yearly Administrative Review Board hearings. These sessions evaluated potential risks associated with release or transfer and other factors influencing continued detention.

Nechle took part in his Administrative Review Board hearing.

Release

On 16 December 2008, Mohammed Nechle along with Mustafa Idr and Boudella al Hajj were released back to Bosnia.

According to a report by El Khabar dated 3 March 2009, before their release, the Bush administration required Idr and his co-detainees to sign agreements relinquishing their rights to pursue legal action against the US government regarding their detention.