Deleted:Adel Ben Mabrouk

From WikiAlpha
Jump to: navigation, search
Adel Ben Mabrouk
Born

}}}}}}}} 15,

}} 1970
Tunis, Tunisia
Other names
  • Adil Mabrouk Boughanmi Bin Hamida,
  • Adel Ben Mabrouk Bin Hamida Boughanmi,
  • Adil Mabrouk Bin Hamida

Adel Ben Mabrouk is a citizen of Tunisia who was held in extrajudicial detention at the United States' Guantanamo Bay detainment camps, in Cuba, from March 2002 to November 2009.[1][2][3] Mabrouk had outstanding warrants in Italy, and shortly after his arrival in November 2009, Italian prosecutors laid charges against him.

Although Mabrouk was convicted by a Milan court in February 2011, of criminal association with terrorist intent, the judge set him free, after sentencing him to time served, and denouncing detention in Guantanamo as "inhumane" and "not democratic".[4]

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[5] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[6][7]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[5][8]

Scholars at the Brookings Institute, lead by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations[9]:

  • Adil Mabrouk Bin Hamida was listed as one of the captives who the Wittes team unable to identify as presently cleared for release or transfer.[9]
  • Adil Mabrouk Bin Hamida was listed as one of the captives who "The military alleges ... are associated with Al Qaeda."[9]
  • Adil Mabrouk Bin Hamida was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[9]
  • Adil Mabrouk Bin Hamida was listed as one of the captives who was ab "al Qaeda operative".[9]
  • Adil Mabrouk Bin Hamida was listed as one of the "34 [captives] admit to some lesser measure of affiliation—like staying in Taliban or Al Qaeda guesthouses or spending time at one of their training camps."[9]
  • Adil Mabrouk Bin Hamida was listed as one of the captives who had "stayed at Taliban or Al Qaeda guesthouses."[9]
  • Adil Mabrouk Bin Hamida was listed as one of the captives who had admitted "some form of associational conduct."[9]

Mabrouk attended his Combatant Status Review Tribunal, where he disputed

Combatant Status Review

Main article: Combatant Status Review Tribunal

Mabrouk was among the 60% of prisoners who participated in the tribunal hearings.[10] A Summary of Evidence memo was prepared for the tribunal of each detainee. Mabrouk's memo accused him of the following:[11][12][13]

  1. The detainee is associated with al Qaida.
  2. The detainee a Tunisian national[14] living in Italy, traveled to Afghanistan in early 2001.
  3. The detainee stayed at the "House of Algerians" guesthouse in Jalalabad.
  4. The detainee trained on the assembly and disassembly of the Kalishnikov [sic]rifle.
  5. The Tunisian government has listed the detainee as an extremist who lived in the Bosnian-Mujahedin Village of Boeinja Bonja.
  6. The detainee was a member of the Sami Essid Network.
  7. The Sami Essid Network provides financial support to terrorist groups.
  8. Detainee was sentenced to twenty years imprisonment in Tunisia[15] for being a member of a terrorist organization operating abroad.
  9. Detainee possibly falsified passports for fleeing al Qaida combatants who make it to Europe.
  10. Detainee was captured on the Afghanistan-Pakistan border by Pakistani military forces.

Habeas Petition

Mabrouk filed a habeas corpus petition which was ruled moot by the US District Court in July 2008[16] .

Annual Administrative Review Boards

A Summary of Evidence memo was prepared for each annual Administrative Review Board hearing, outlining the evidence for and against continued internment.

20px {{{text}}}

Mabrouk's first hearing was held on 20 July 2005.[17] (There is no record that he participated in this Board hearing). His second hearing took place on 25 April 2006.[18]

Transfer from Guantanamo

On November 30, 2009, Bin Hamida and fellow detainee, Riyad Bil Mohammed Tahir Nasseri, were transferred from Guantanamo into the custody of representatives of Italy. Both men face outstanding warrants in that country,[19][20][21][22] including new terrorism charges.[23]

Trial in Italy

Shortly after his arrival in Italy it emerged that his conviction would depend almost totally on the testimony of another Tunisian man, living in Italy, a criminal named Lazhar Ben Mohamed Tlil.[24][25][26][27][28][29] Italian prosecutor Elio Ramondini said it would be "impossible" to convict him without Tlil's testimony.[28] Tlil threatened to withhold his testimony. Italy had placed him in its witness protection program, but Tlil felt the terms of the program weren't generous enough.

Mabrouk was convicted in February 2011.[4] Armando Spataro set him free after sentencing him to time served. After his release he was deported to Tunisia. Domenico Quirico, an Italian journalist who interviewed him, said that the notorious Zaharouni neighborhood of Tunis where he settled was "too dangerous to frequent at night."

Interview published in Time magazine

Time magazine published a translation of an interview first published in Italian in the Italian newspaper La Stampa.[4] Domenico Quirico's interview with Mabrouk took place on May 2, 2011 -- shortly after US Navy SEALs had killed Osama bin Laden, and Quirico asked him for his assessment of bin Laden. Mabrouk called bin Laden an "man of honor", and asserted "even his enemies should recognize that he deserved respect."

During his interview he disputed the theory that he had been radicalized by devout muslims while in Italian custody, prior to traveling to Afghanistan.[4] He acknowledged that devout muslims he met in jail helped him renew his own faith. He said his new faith had helped him quit using drugs. He said that, after his release, he gave up drug-dealing, and started working as a barber, and then as a delivery driver. He said that he applied for a legitimate visa, so he could continue living and working in Italy legally.

Mabrouk said that the main reason he traveled to Afghanistan was that he feared if he continued trying to live in Italy he would be deported back to Tunis, where he would face further incarceration in brutal Tunisian prisons.[4]

References

  1. ↑ OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived from the original on 2007-09-30. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.  16x16px Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. ↑ "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. http://humanrights.ucdavis.edu/resources/library/documents-and-reports/gtmo_heightsweights.pdf. Retrieved 2009-12-21.  mirror
  3. ↑ Margot Williams (2008-11-03). "Guantanamo Docket: Adel Ben Mabrouk". New York Times. http://projects.nytimes.com/guantanamo/detainees/148-adil-mabrouk-bin-hamida. Retrieved 2010-10. 
  4. ↑ 4.0 4.1 4.2 4.3 4.4 Domenico Quirico (2011-05-09). "A Former Gitmo Inmate Remembers bin Laden". Time Magazine. http://content.time.com/time/world/article/0,8599,2070420,00.html. Retrieved 2015-09-27. "Last February, a Milan judge convicted this 40-year-old Tunisian of criminal association with terrorist intent but then freed him from jail, calling the time he'd spent incarcerated at Guantanamo "not democratic" and the conditions "inhumane." Mabrouk is a survivor of Afghanistan, where he was arrested at the end of 2001 for his alleged associations with al-Qaeda." 
  5. ↑ 5.0 5.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." 
  6. ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  7. ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  8. ↑ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.  mirror
  9. ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institute. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16.  mirror
  10. ↑ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  11. ↑ OARDEC (8 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Boughanmi, Adel Ben Mabrouk Bin Hamida". United States Department of Defense. pp. ages 46–47. Archived from the original on 4 December 2007. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#46. Retrieved 2007-12-04. 
  12. ↑ Summarized transcripts (.pdf), from Adil Mabrouk Bin Hamida's Combatant Status Review Tribunal - pages 48-58
  13. ↑ OARDEC (8 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted". United States Department of Defense. pp. 176–177. http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#176. 
  14. ↑ The three words, "A Tunisian national" were redacted in the version released in March 2005.
  15. ↑ The phrase "sentenced to twenty years imprisonment in Tunisia" was redacted in the version released in March 2005.
  16. ↑ "Guantanamo Bay Detainee Litigation: Doc 212 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386". United States Department of Justice. 2008-07-29. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/212/0.pdf. Retrieved 2008-08-13. 
  17. ↑ OARDEC (20 July 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk". United States Department of Defense. pp. ages 65–68. Archived from the original on 4 December 2007. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#65. Retrieved 2007-12-04. 
  18. ↑ OARDEC (25 April 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk". United States Department of Defense. pp. ages 14–17. Archived from the original on 4 December 2007. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#14. Retrieved 2007-12-04. 
  19. ↑ "Algerian transferred from Guantanamo to France: lawyer". Agence France-Presse. 2009-11-30. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fafp%2Farticle%2FALeqM5gmG5QgvT7-GmkSoLztKVMcH-27RA&date=2009-12-02. 
  20. ↑ "US transfers Guantanamo inmates". Agence France-Presse. 2009-11-30. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fafp%2Farticle%2FALeqM5jJYybTgoefN6RX_Npc-G3qsnrRfQ&date=2009-12-02. 
  21. ↑ "Italy: 2 Guantánamo Detainees Arrive for Trial on Terror Charges". New York Times. 2009-11-30. Archived from the original on 5 December 2009. http://www.nytimes.com/2009/12/01/world/europe/01briefs-Italybrf.html. Retrieved 2009-12-02. 
  22. ↑ Peter Finn, Julie Tate (2009-12-01). "4 from Guantanamo are sent to Europe". Washington Post. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2009%2F11%2F30%2FAR2009113002950.html&date=2009-12-02. 
  23. ↑ Thomas Joscelyn (2009-12-23). "The Real Gitmo". Yahoo News. Archived from the original on 2009-12-23. http://www.webcitation.org/query?url=http%3A%2F%2Fnews.yahoo.com%2Fs%2Fweeklystandard%2F20091221%2Fcm_weeklystandard%2Ftherealgitmo&date=2009-12-23. 
  24. ↑ "Tunisian May Hold Key to Guantanamo Trials". CBS News. 2009-11-13. http://www.cbsnews.com/news/tunisian-may-hold-key-to-guantanamo-trials/. Retrieved 2015-09-27. "Tlil's Italian court-appointed lawyer says he has already provided important details to a team of U.S. investigators and identified from photos fellow Tunisian trainees in the Afghan camps. While the cases are confidential, authorities say he also has provided important information to the Italians about several detainees at Guantanamo who might be brought to Italy and tried in a criminal court." 
  25. ↑ Victor L. Simpson, Colleen Barry (2009-11-14). "Witness in Italy may hold key to Guantanamo trials". Associated Press. Archived from the original on 2009-11-16. http://www.google.com/hostednews/ap/article/ALeqM5jiI8ma6NgUx1aT75EwyHV-ZUOVngD9BULLNG1. 
  26. ↑ Victor L. Simpson (2009-12-01). "Italy may accept more Gitmo detainees". Seattle Times. http://www.seattletimes.com/nation-world/italy-may-accept-more-gitmo-detainees/. Retrieved 2015-01. "Lazhar Ben Mohamed Tlil, a key prosecution witness, said Nasri, known by his alias Abou Doujana, was head of an organization of Tunisians at a camp in Afghanistan where recruits received both ideological and military training. It was at this camp, the witness said, that he and other recruits were taught that “to kill infidels was the duty of every Muslim” and were prepared to carry out suicide attacks." 
  27. ↑ Victor L. Simpson (2012-10-14). "Italy's secret anti-mob weapon: witness protection". San Diego Union Tribune. http://www.sandiegouniontribune.com/news/2012/oct/14/italys-secret-anti-mob-weapon-witness-protection/. Retrieved 2015-01. "Lazhar Ben Mohamed Tlil, a Tunisian who became an Islamic militant and was trained in Afghanistan to kill Americans, who entered the witness protection program after providing information to Italian investigators about several detainees at Guantanamo, his court-appointed lawyer, Davide Boschi, told The Associated Press." 
  28. ↑ 28.0 28.1 "Testigo en Italia sería clave para juicios de Guantánamo [Witness in Italy would be key to Guantanamo trials]" (in Spanish). El Mexicano. 2009-11-13. http://www.el-mexicano.com.mx/imprime-noticia/341055. Retrieved 2015-01. ""Si me preguntan sobre su importancia como testigo, les diría que es importante para mí", dijo el fiscal Elio Ramondini recientemente a la Associated Press en una entrevista en su despacho en el palacio de justicia de Milán. Sin Tlil, el juicio a los sospechosos de Guantánamo en Italia "no es difícil, sino imposible", aseguró." 
  29. ↑ Victor L. Simpson (2009-12-01). "Italy's Gitmo detainees linked to al-Qaida base". Contra Costa Times. http://www.contracostatimes.com/california/ci_13899736. Retrieved 2015-01. "Lazhar Ben Mohamed Tlil, a key prosecution witness, said Nasri, known by his alias Abou Doujana, was head of an organization of Tunisians at a camp in Afghanistan where recruits received both ideological and military training. It was at this camp, the witness said, that he and other recruits were taught that "to kill infidels was the duty of every Muslim" and were prepared to carry out suicide attacks." 

External links

Retrieved from "http://en.wikialpha.org/mediawiki/index.php?title=Deleted:Adel_Ben_Mabrouk&oldid=98952"