Lakhdar Boumediene
Encyclopedia
Lakhdar Boumediene, a citizen of Bosnia and Herzegovina
was held in military custody in the United States
Guantanamo Bay detention camps, in Cuba
beginning in January 2002.
Boumediene was the lead plaintiff in Boumediene v. Bush
, a 2008 U.S. Supreme Court decision that Guantanamo detainees have the right to file writs of habeas corpus
in U.S. federal courts. After he was found innocent Boumediene was transferred to France on May 15, 2009.
was a clue that al Qaeda was planning an attack on their embassy.
At their request Bosnia arrested Bensayah Belkacem, the man they believed had made dozens of phone calls to Afghanistan
and Pakistan
, and five acquaintances of his.
All six men were residents of Bosnia, who were born in Algeria
. Five of the men were Bosnian citizens.
In January 2002, the Supreme Court of Bosnia ruled that there was no evidence to hold the six men, ordered the charges dropped and the men released.
American forces, including troops who were part of a 3,000 man American peace-keeping contingent in Bosnia were waiting for the six men upon their release from Bosnia custody, and transported them to Guantanamo.
On November 20, 2008, U.S. District Judge Richard J. Leon ordered the release Lakhdar Boumediene along with four other Algerians he was being held with. A sixth Algerian detainee, Bensayah Belkacem, was not ordered to be released.
The Department of Defense released fifteen pages of documents prepared for his Combatant Status Review Tribunal.
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
, that the Military Commissions Act
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
The Department of Justice dropped the allegation that they had been involved in a plot to bomb the US Embassy in Sarajevo. Instead it claimed it would produce evidence that the six men had been planning to travel to Afghanistan, to attack American troops—even though there were American troops stationed in their adopted country—Bosnia.
According to the Washington Post Leon took the extraordinary step of encouraging the Department of Justice to not appeal his ruling, because seven years was enough.
Because the Government claimed the evidence should be considered classified Leon considered the evidence in camera
. But it was revealed that evidence the five men had planned to travel to Afghanistan was based on a single un-named source.
was prepared for Lakhdar Boumediene's first annual Administrative Review Board, on 30 November 2005.
Boumdediene's lawyer, Stephen Oleskey, described Boumediene's seven months of force-feeding
, while on a hunger strike.
His wife and children moved from Bosnia to Algeria, following his arrest, but would join him in France.
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
was held in military custody in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
beginning in January 2002.
Boumediene was the lead plaintiff in Boumediene v. Bush
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, a 2008 U.S. Supreme Court decision that Guantanamo detainees have the right to file writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
in U.S. federal courts. After he was found innocent Boumediene was transferred to France on May 15, 2009.
Background
In early October 2001, less than a month after al Qaeda's attack on September 11, 2001, American intelligence analysts in the Embassy became concerned that an increase in chatterChatter (terrorist)
Chatter is an old term from signal intelligence, used more generally after the turn of the 21st century in the United States "war on terror". Intelligence officials, not having better metrics, monitor the volume of communication, to or from suspected terrorists, to determine whether there is cause...
was a clue that al Qaeda was planning an attack on their embassy.
At their request Bosnia arrested Bensayah Belkacem, the man they believed had made dozens of phone calls to Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, and five acquaintances of his.
All six men were residents of Bosnia, who were born in Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
. Five of the men were Bosnian citizens.
In January 2002, the Supreme Court of Bosnia ruled that there was no evidence to hold the six men, ordered the charges dropped and the men released.
American forces, including troops who were part of a 3,000 man American peace-keeping contingent in Bosnia were waiting for the six men upon their release from Bosnia custody, and transported them to Guantanamo.
On November 20, 2008, U.S. District Judge Richard J. Leon ordered the release Lakhdar Boumediene along with four other Algerians he was being held with. A sixth Algerian detainee, Bensayah Belkacem, was not ordered to be released.
Boumediene v. Bush
Lakhdar Boumediene is one of the captives who had a writ of habeas corpus submitted on his behalf.The Department of Defense released fifteen pages of documents prepared for his Combatant Status Review Tribunal.
Military Commissions Act
The Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
Supreme Court ruling
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Habeas re-instatement
His habeas corpus and those of the other five men were re-instated.The Department of Justice dropped the allegation that they had been involved in a plot to bomb the US Embassy in Sarajevo. Instead it claimed it would produce evidence that the six men had been planning to travel to Afghanistan, to attack American troops—even though there were American troops stationed in their adopted country—Bosnia.
Release order
On 20 November 2008 US District Court Judge Richard Leon ruled that the USA had no credible evidence to justify the detention of Boumediene and four of the five other men.According to the Washington Post Leon took the extraordinary step of encouraging the Department of Justice to not appeal his ruling, because seven years was enough.
Because the Government claimed the evidence should be considered classified Leon considered the evidence in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
. But it was revealed that evidence the five men had planned to travel to Afghanistan was based on a single un-named source.
First annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for Lakhdar Boumediene's first annual Administrative Review Board, on 30 November 2005.
Third annual Administrative Review Board
The Department of Defense published documents from the captives' third annual Administrative Review Board hearings on January 9, 2009.Hunger strike and force-feeding
According to South African news agency Independent OnlineIndependent Online (South Africa)
Independent Online, or IOL is a news and information website based in South Africa. It is owned by the Independent News & Media organisation, which is the largest publisher of print material in South Africa....
Boumdediene's lawyer, Stephen Oleskey, described Boumediene's seven months of force-feeding
Force-feeding
Force-feeding is the practice of feeding a person or an animal against their will. "Gavage" is supplying a nutritional substance by means of a small plastic tube passed through the nose or mouth into the stomach, not explicitly 'forcibly'....
, while on a hunger strike.
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Release to France
On May 15, 2009, Boumediene was transferred to France, where he has relatives.His wife and children moved from Bosnia to Algeria, following his arrest, but would join him in France.
External links
- Ex-Detainee Describes Struggle for Exoneration
- Recently Released Gitmo Detainee Talks to ABC News
- Report on Torture, Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantánamo Bay, Cuba. (Boumediene)
- After 7 Years, Judge Orders Release of Guantánamo Kidnap Victims Andy WorthingtonAndy WorthingtonAndy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
November 25, 2008 - Judge Leon’s unclassified opinion