Sufyian Barhoumi
Encyclopedia
Sufyian Barhoumi is a citizen of Algeria
, who is currently held in extrajudicial detention
in the United States
Guantanamo Bay detention camps, in Cuba
.
The Department of Defense
reports that he was born on 28 July 1973, in Algiers
, Algeria.
As of August 15, 2011, Sufyian Barhoumi has been held at Guantanamo for nine years two months.
Bush
ordered that Sufyian Barhoumi be charged before a military commission
.
The appointing authority approved the charges against Sufyian on 4 November 2005.
Barhoumi faced the charge of "Conspiracy
".
His five page charge sheet listed thirteen general allegations, that were essentially identical to those of Jabran Said bin al Qahtani, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and two other captives, Binyam Ahmed Muhammad, and Omar Khadr
had their charges confirmed on the same day as Barhoumi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and Binyam Ahmed Muhammad all faced conspiracy charges. Omar Khadr faced both murder and conspiracy to murder charges.
In July 2006, after considering Hamdan v. Rumsfeld
, the United States Supreme Court ruled that the President lacked the Constitutional Authority
to order Military Commissions. The Supreme Court ruled that only the United States Congress
had the authority to order Military Commissions. So the charges against all ten men were dropped.
On 29 May 2008
Barhoumi,
Jabran al-Qathani
and
Ghassan Abdullah al-Sharbi
were charged before the Congressionally authorized military commissions.
On 21 October 2008 Susan J. Crawford
the official in charge of the Office of Military Commissions announced
charges were dropped against Barhoumi.
Carol J. Williams, writing in the Los Angeles Times
reports that all five men had been connected by Abu Zubaydah
-- one of the three captives the CIA has acknowledged was interrogated using the controversial technique known as "waterboarding
".
Williams quoted the men's attorneys, who anticipated the five men would be re-charged in thirty days.
They told Williams that: "... prosecutors called the move procedural",
and attributed it to the resignation of fellow Prosecutor Darrel Vandeveld, who resigned on ethical grounds. Williams reported that Clive Stafford Smith
speculated that the Prosecution's dropping of the charges, and plans to subsequently re-file charges later was intended to counter and disarm the testimony Vandeveld was anticipated to offer, that the Prosecution had withheld exculpatory evidence.
filed on his behalf, Civil Action No. 05-cv-1506, by pro bono attorneys from Holland & Hart LLP.
On September 24, 2009 Carol Rosenberg
, writing in the Miami Herald, reported that U.S. District Court Judge Rosemary Collyer had ruled that the USA could continue to hold Sufiyan in Guantanamo.
While the ruling was announced, its text remained classified.
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...
, who is currently held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
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...
.
The Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
reports that he was born on 28 July 1973, in Algiers
Algiers
' is the capital and largest city of Algeria. According to the 1998 census, the population of the city proper was 1,519,570 and that of the urban agglomeration was 2,135,630. In 2009, the population was about 3,500,000...
, Algeria.
As of August 15, 2011, Sufyian Barhoumi has been held at Guantanamo for nine years two months.
Charges before a military commission
On 6 July 2004, United States PresidentBush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
ordered that Sufyian Barhoumi be charged before a military commission
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
.
The appointing authority approved the charges against Sufyian on 4 November 2005.
Barhoumi faced the charge of "Conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
".
His five page charge sheet listed thirteen general allegations, that were essentially identical to those of Jabran Said bin al Qahtani, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and two other captives, Binyam Ahmed Muhammad, and Omar Khadr
Omar Khadr
Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
had their charges confirmed on the same day as Barhoumi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and Binyam Ahmed Muhammad all faced conspiracy charges. Omar Khadr faced both murder and conspiracy to murder charges.
In July 2006, after considering Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
, the United States Supreme Court ruled that the President lacked the Constitutional Authority
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to order Military Commissions. The Supreme Court ruled that only the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had the authority to order Military Commissions. So the charges against all ten men were dropped.
On 29 May 2008
Barhoumi,
Jabran al-Qathani
and
Ghassan Abdullah al-Sharbi
were charged before the Congressionally authorized military commissions.
On 21 October 2008 Susan J. Crawford
Susan J. Crawford
Susan J. Crawford is an US lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007.Secretary of Defense Robert Gates appointed Crawford to replace John D...
the official in charge of the Office of Military Commissions announced
charges were dropped against Barhoumi.
Carol J. Williams, writing in the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
reports that all five men had been connected by Abu Zubaydah
Abu Zubaydah
Abu Zubaydah is a Saudi Arabian citizen, sentenced to death in Jordan and currently held in U.S. custody in Guantanamo Bay, Cuba.Not neutral: Arrested in Pakistan in March 2002, he has been in US custody for more than eight years, four-and-a-half of them spent incommunicado in solitary confinement...
-- one of the three captives the CIA has acknowledged was interrogated using the controversial technique known as "waterboarding
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...
".
Williams quoted the men's attorneys, who anticipated the five men would be re-charged in thirty days.
They told Williams that: "... prosecutors called the move procedural",
and attributed it to the resignation of fellow Prosecutor Darrel Vandeveld, who resigned on ethical grounds. Williams reported that Clive Stafford Smith
Clive Stafford Smith
Clive Adrian Stafford Smith OBE is a British [see talk] lawyer who specialises in the areas of civil rights and the death penalty in the United States of America....
speculated that the Prosecution's dropping of the charges, and plans to subsequently re-file charges later was intended to counter and disarm the testimony Vandeveld was anticipated to offer, that the Prosecution had withheld exculpatory evidence.
Habeas corpus petition
Barhoumi had a writ of habeas corpusHabeas 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...
filed on his behalf, Civil Action No. 05-cv-1506, by pro bono attorneys from Holland & Hart LLP.
On September 24, 2009 Carol Rosenberg
Carol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...
, writing in the Miami Herald, reported that U.S. District Court Judge Rosemary Collyer had ruled that the USA could continue to hold Sufiyan in Guantanamo.
While the ruling was announced, its text remained classified.
External links
- Who Are the Remaining Prisoners in Guantánamo? Part Six: Captured in Pakistan (2 of 3) Andy Worthington, October 6, 2010
- Commissions Transcripts Exhibits, and Allied Papers
- US military charges Omar Khadr with murder, CTVCTV television networkCTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...
, 7 November 2005 - US charges five Guantanamo detainees with war crimes, China DailyChina DailyThe China Daily is an English language daily newspaper published in the People's Republic of China.- Overview :China Daily was established in June 1981 and has the widest print circulation of any English-language newspaper in the country...
, 7 November 2005 - Canadian held at Guantanamo charged with murder, CBCCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, 7 November 2005 - Five More Guantanamo Detainees Charged, The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, 7 November 2005 - Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
- Supreme Court to hear challenge to military commissions, San Francisco Mercury, 7 November 2005