Rafiq Bin Bashir Bin Jalud Al Hami
Rafiq Bin Bashir Bin Jalud al Hami | |
|---|---|
| Born | March 14, 1969 Tunisia |
| Occupation | Former detainee |
| Known for | Detained at Guantanamo Bay detention camp without formal charges |
Rafiq Bin Bashir Bin Jalud al Hami (رافق بن بشر بن جالود الحامي) is a Tunisian national who spent more than seven years detained without formal charges at the United States' Guantanamo Bay detention camp in Cuba. His Internment Serial Number assigned at Guantanamo was 892. According to the Department of Defense, he was born on 14 March 1969 in Tunisia.
Al Hami, originally from Tunisia and employed as a restaurant worker in Germany, was apprehended by Iranian authorities and subsequently transferred to the CIA after traveling to Pakistan in 1999 to study with the missionary group Jamaat al-Tablighi. Prior to his transfer to Guantanamo, he was held as a ghost detainee in a Black site.
A Senate Intelligence Committee report concerning CIA interrogation practices revealed that al Hami was subjected to interrogation techniques that were not authorized.
Background
A Tunisian Arab by origin, al Hami resided in Europe for several years before journeying to Afghanistan. He admitted to using counterfeit identification documents and at times financed himself through illicit drug trafficking. Captured by Iran in January 2002, which at the time maintained a tacit alliance with the United States, he was handed over to American custody.
After the 2004 Supreme Court decision in Rasul v. Bush, which mandated that detainees be informed of the allegations against them, two unclassified charges were brought against al Hami citing his presence at the Khalden training camp in December 2000. Although Khalden was alleged to be an al Qaeda facility, it actually predated al Qaeda and operated independently until its closure by the Taliban.
During his Combatant Status Review Tribunal, al Hami admitted attending Khalden but asserted that his confession had been extracted under torture.
He has submitted a writ of habeas corpus along with two protective orders: one requiring 30 days’ prior notice before any transfer due to concerns about potential torture if returned to Tunisia; the other demanding preservation of all evidence relating to alleged abuse or torture.
Combatant Status Review
The Bush administration initially argued that "War on Terror" detainees were not entitled to protections under the Geneva Conventions, while critics contended that U.S. obligations necessitated proper tribunals to establish detainee status. Consequently, the US Department of Defense created Combatant Status Review Tribunals (CSRTs) between July 2004 and March 2005 to determine whether detainees qualified as "enemy combatants," allowing them to contest their detention.
On 3 March 2006, following a court order issued by Judge Jed Rakoff, the Department of Defense published a summarized transcript from one such CSRT. Rafiq Bin Bashir Bin Jalud Al Hami took part in his tribunal hearing. Unlike typical transcripts that include both questions and allegations, Al Hami’s record only contained summaries of his responses without detailing the questions posed.
At capture, al Hami was found carrying a counterfeit Italian passport bearing a Pakistani visa along with 200German mark. Authorities suspect him of affiliation with Lashkar-e-Tayyiba and attending Khalden training in December 2000 focused on weapons such as the AK-47, SKS, heavy artillery, and anti-aircraft weaponry—claims he denies.
Administrative Review Board
Individuals designated as "enemy combatants" by the Combatant Status Review Tribunal were subject to yearly Administrative Review Board sessions. These hearings assessed the potential risk they might present if freed or relocated, alongside evaluating circumstances influencing ongoing detention.
Initial annual Administrative Review Board hearing in 2005
On 25 January 2005, a Summary of Evidence memorandum was issued for the first annual Administrative Review Board. It identified ten key reasons supporting continued detention and six reasons supporting release or transfer.
Key reasons supporting continued detention
Key reasons supporting release or transfer
Transcript
Al Hami took part in his Administrative Review Board session.[1]
Second annual Administrative Review Board hearing in 2006
For his second annual Administrative Review Board on 27 January 2006, a Summary of Evidence document was prepared.[2] This four-page report detailed twenty-seven principal factors favoring continued detention and eleven favoring release or transfer.
Third annual Administrative Review Board hearing in 2007
A Summary of Evidence memorandum for the third annual Administrative Review Board was compiled on 12 February 2007.[3] The document again listed twenty-seven main reasons supporting ongoing detention and eleven reasons supporting release or transfer.
Medical records
Records concerning al Hami's weight were published by the Department of Defense on 16 March 2007.[4][5]
Habeas corpus petition
A habeas corpus petition titled Alhami v. Bush was submitted in early 2005 on behalf of al Hami and others before U.S. District Court Judge Gladys Kessler. In September 2007, the Department of Defense released unclassified Combatant Status Review Tribunal files for 179 detainees; however, al Hami's file was excluded.
On 10 June 2006, three detainee deaths were reported by the Department of Defense and classified as suicides. Officials characterized these incidents as "an act of asymmetric warfare," suspecting coordination involving detainees' legal representatives. This led to the confiscation of all detainees' documents, including confidential habeas materials. Communications between al Hami and his attorney were among those seized.
On 15 August 2006, the Department of Justice moved to consolidate al Hami's habeas petition with Al Halmandy v. Bush.
Torture lawsuit
On 24 April 2009, attorneys representing al Hami filed a lawsuit asserting that he endured torture in 2001, several months prior to the Office of Legal Counsel's issuance of memos authorizing enhanced interrogation techniques. The legal action questioned both the timing and legality of interrogation methods used before official approval.
External links
- Three Neglected Ex-Guantánamo Prisoners in Slovakia Embark on a Hunger Strike Andy Worthington June 27, 2010
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