Samir Naji Al Hasan Moqbel

Samir Naji al Hasan Moqbel
Born	(1977-12-01) December 1, 1977 Taiz, Yemen
Occupation	Former detainee
Known for	Detention at Guantanamo Bay, 2002–2016; 2013 New York Times Op-ed on force-feeding and hunger strike

Samir Naji al Hasan Moqbel is a Yemeni national who underwent extrajudicial detention at the United States' Guantanamo Bay detention facility located in Cuba. He was assigned the Guantanamo Internment Serial Number 043. According to the Department of Defense, his birthdate is December 1, 1977, and he was born in Taiz, Yemen.

On April 15, 2013, Moqbel authored an Op-ed for the New York Times titled "Gitmo is killing me," in which he recounted his hunger strike and the experience of being force-fed. He revealed a weight loss of 30 pounds and described the intense pain caused by force-feeding, stressing that his protest aimed to reclaim his dignity. The article underscored his lengthy detention without formal charges and questioned the rationale behind his ongoing confinement. This Op-ed attracted considerable media coverage.

In January 2016, Moqbel was among ten Yemeni detainees who were transferred and resettled in Oman.

Background

Moqbel was brought to Guantanamo on January 11, 2002, where he remained detained for fourteen years.

In his Op-ed, Moqbel recounted traveling to Afghanistan in search of employment due to earning merely $50 per month in Yemen. He stated that he had been deceived and failed to secure work in Afghanistan, denying any involvement with terrorist activities.

Historian Andy Worthington observed that Moqbel ridiculed the extensive accusations used to justify his detention, such as claims that he served as an Osama bin Laden bodyguard and had traveled widely across Afghanistan—although he had only been in the country for about a month before being captured.

In April 2013, Moqbel shared his ordeal of force-feeding at Guantánamo Bay through an Op-ed. Glen Greenwald of The Guardian commended the New York Times for publishing it, describing it as one of the most compelling Op-eds readers would encounter.

Official status reviews

At the outset, the Bush Administration maintained that detainees held in the "war on terror" were not protected under the Geneva Conventions and could be detained indefinitely without charges or transparent review processes. However, in 2004, the United States Supreme Court ruled in Rasul v. Bush that detainees at Guantanamo must be informed of the accusations against them and be given an opportunity to contest their detention.

Office for the Administrative Review of Detained Enemy Combatants

Following this decision, the United States Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants. Between 2004 and 2008, documents outlining allegations supporting continued detention were prepared for administrative hearings and subsequently released under the Freedom of Information Act (United States). The DoD also made public transcripts and detainee-prepared statements from these hearings.

In December 2008, researchers at the Brookings Institution, led by Benjamin Wittes, grouped Guantanamo detainees based on shared military allegations:

• Samir Naji Al Hasan Moqbel was identified as having connections to both Al Qaeda and the Taliban.
• He was accused of traveling to Afghanistan with intent to engage in jihad.
• Allegedly stayed in safehouses affiliated with Al Qaeda, Taliban, or other groups.
• Accused of receiving military or terrorist training while in Afghanistan.
• Charged with fighting on behalf of the Taliban.
• Reported presence at Tora Bora.
• His name or aliases appeared on documents seized during raids on Al Qaeda facilities.
• Alleged service on Osama Bin Laden's security detail.
• Classified as an operative affiliated with al Qaeda.

Previously confidential Joint Task Force Guantanamo evaluation

On April 25, 2011, the whistleblower group WikiLeaks released classified evaluations prepared by analysts from Joint Task Force Guantanamo. The Telegraph published Moqbel's ten-page report dated April 2008, which was endorsed by camp commander Mark H. Buzby and recommended his continued confinement.

According to the JTF-GTMO document, Moqbel admitted involvement in combat operations, including service with the 55th Arab Brigade and as part of Osama bin Laden's personal security detail. He reportedly fought in the Battle of Tora Bora and was listed among the dirty thirty. The report indicated he trained at the Al Farouq camp and worked in al Qaeda guesthouses. His name appeared on a suspicious roster, and he allegedly confessed to recruitment by known al-Qaida operative Marwan Jawan, who assisted his journey to Afghanistan.

Habeas corpus litigation

A habeas corpus petition was submitted on behalf of Samir Naji Al Hasan Moqbel.

The Military Commissions Act of 2006 initially prevented Guantanamo detainees from pursuing claims in the US civil courts, effectively suspending all habeas corpus filings.

However, on June 12, 2008, the United States Supreme Court decided in Boumediene v. Bush that detainees at Guantanamo must be allowed access to federal courts, reinstating their right to file habeas petitions. Subsequently, judges would determine if there was sufficient evidence to uphold the "enemy combatant" designation.

On July 15, 2008, attorney Kristine A. Huskey submitted a NOTICE OF PETITIONERS' REQUEST FOR 30-DAYS NOTICE OF TRANSFER concerning several detainees, including Moqbel.

Moqbel's correspondence released

The Brazilian daily Folha de S.Paulo obtained letters written by Moqbel to his legal representatives. This marked the first occasion that Brazilian media gained direct access to communications from a Guantanamo detainee. In his letters, Moqbel conveyed bewilderment over having been cleared for release more than five years earlier yet remaining in custody.

Further reading

• Gitmo Is Killing Me April 15, 2013, New York Times Op-ed authored by Moqbel

External links

• Samir Nasy Hajan Mukbel at Reprieve