ISN_840

Ha'il Aziz Ahmad Al Maythal

Ha'il Aziz Ahmad Al Maythal

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Ha'il Aziz Ahmad Al Maythal is a citizen of Yemen, who was held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba.[3] American intelligence analysts estimate that he was born in 1977, in Zemar, Yemen.

Quick Facts Born, Arrested ...

As of August 14, 2011, Hail Aziz Ahmad Al Maythal has been held at Guantanamo for eight years 10 month.[4]

Maythal was transferred to Oman on January 16, 2017.[5]

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.[6] 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.[7][8]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[6][9]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[10]

  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[10]
  • Ha'il Aziz Ahmad Al Maythal 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."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who "The military alleges ... fought for the Taliban."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who "The military alleges ... served on Osama Bin Laden's security detail."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who was an "al Qaeda operative".[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of "36 [captives who] openly admit either membership or significant association with Al Qaeda, the Taliban, or some other group the government considers militarily hostile to the United States."[10]
  • Ha'il Aziz Ahmad Al Maythal was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban."[10]

Habeas corpus petition

Ha'il Aziz Ahmed Al Maythal's habeas corpus petition was first filed on November 7, 2005.[11]

On July 18, 2008, Jennifer R. Cowan renewed his habeas petition.[11]

Periodic Review

Al Maythal's Guantanamo Review Task Force had concurred with earlier review boards, and recommended he be classed as too dangerous to release, although there was no evidence to justify charging him with a crime.[12][13][14]

References

  1. [1]
    "JTF- GTMO Detainee Assessment" (PDF). Department of Defense. 3 July 2008.
  2. [2]
    "GTMO Detainee Profile" (PDF).
  3. [3]
    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 (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. 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
  4. [4]
    "Hail Aziz Ahmad al Maythal - The Guantánamo Docket". The New York Times. 18 May 2021.
  5. [5]
    "Victims of mistaken identity among the 10 sent from Guantánamo to Oman | Miami Herald". Miami Herald. Archived from the original on 2017-01-18.
  6. [6]
    "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. 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.
  7. [7]
    Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  8. [8]
    Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  9. [9]
    "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
  10. [10]
    Benjamin Wittes; Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2017-05-19. Retrieved 2010-02-16.
  11. [11]
    "Guantanamo Bay Detainee Litigation: Doc 140 -- Civil Action No. 05-CV-2186" (PDF). United States Department of Justice. 2008-07-18. Retrieved 2008-08-18.
  12. [12]
    Carol Rosenberg (2016-09-30). "New Guantánamo intelligence upends old 'worst of the worst' assumptions". Guantanamo Bay Naval Base: Miami Herald. Archived from the original on 2016-10-01. Retrieved 2016-12-04. Yemeni Hayl Maythali, another Karachi 6 captive, held at Guantánamo since October 2002, "probably acted briefly as a guard" at a bin Laden compound in Kandahar, but a March 7, 2006, reassessment retreated from Karachi terror cell membership. It said he "was probably awaiting a chance to return to Yemen when he was arrested" at a Karachi safe house, rather than being "part of an al-Qaida operational cell intended to support a future attack."
  13. [13]
    Carol Rosenberg (2013-06-17). "FOAI suit reveals Guantanamo's 'indefinite detainees'". Miami Herald. Archived from the original on 2014-11-21. Retrieved 2016-08-18. The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
  14. [14]
    Carol Rosenberg (2013-06-17). "List of 'indefinite detainees'". Miami Herald. Archived from the original on 2016-04-11. Retrieved 2016-08-18.
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