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词条 Sufyian Barhoumi
释义

  1. Official status reviews

     Office for the Administrative Review of Detained Enemy Combatants  Habeas corpus petition  Formerly secret Joint Task Force Guantanamo assessment  Joint Review Task Force 

  2. Charges before a military commission

  3. Status during the Donald Trump administration

  4. References

  5. External links

{{Infobox War on Terror detainee
| name = Sufyian Barhoumi
| birth_date = {{Birth date and age|df=yes|1973|07|28}}
| birth_place = Algiers, Algiers
| detained_at = Guantanamo
| id_number = 694
| group =
| alias =
| charge = War crimes charges against Mr. Barhoumi have been dismissed but may be refiled.
| status = Still held in Guantanamo
}}Sufyian Barhoumi is a citizen of Algeria, who is currently held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1]

The Department of Defense reports that he was born on July 28, 1973, in Algiers, Algeria.

Sufyian Barhoumi arrived at Guantanamo on June 18, 2002, and has been held at Guantanamo for {{For year month day|year=2002|month=06|day=18}}.[2][3]

Barhoumi is among the small number of captives who faced charges before a Guantanamo military commission.[3]

Sufyian Barhoumi and Abdul Latif Nasir tried to file emergency requests to be transferred from Guantanamo in the final days of Barack Obama's Presidency.[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.[4]

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

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[4]

Scholars at the Brookings Institution, 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:[5]

  • Sufiyan Barhoumi was listed as one of the captives who had faced charges before a military commission.[5]
  • Sufiyan Barhoumi was listed as one of the captives who had been charged before a Guantanamo military commission, and had subsequently had the charges dropped.[5]
  • Sufiyan Barhoumi was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[5]
  • Sufiyan Barhoumi was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[5]
  • Sufiyan Barhoumi was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[5]
  • Sufiyan Barhoumi was listed as one of the captives who was ab "al Qaeda operative".[5]
  • Sufiyan Barhoumi was listed as one of the captives "who have been charged before military commissions and are alleged Al Qaeda operatives."[5]
  • Sufiyan Barhoumi was listed as one of the captives who "deny affiliation with Al Qaeda or the Taliban yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions."[5]
  • Sufiyan Barhoumi was listed as one of the captives who had admitted "to training at Al Qaeda or Taliban camps".[5]

Habeas corpus petition

Barhoumi had a writ of habeas corpus 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.[6]

[7]

While the ruling was announced, its text remained classified.

His case was appealed before a panel of judges, who confirmed Collyer's decision on June 10, 2010.[8]

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[9][10]

A four-page JTF-GTMO assessment was drafted on June 11, 2004.[11]

It was signed by camp commandant Jay W. Hood, who recommended continued detention.

Joint Review Task Force

When he assumed office in January 2009, President Barack Obama made a number of promises about the future of Guantanamo.[12][13]

[14]

He promised the use of torture would cease at the camp. He promised to institute a new review system. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request.[15]

Sufiyan Barhoumi was one of the 71 individuals deemed too innocent to charge, but too dangerous to release.

Charges before a military commission

On July 6, 2004, United States President

Bush ordered that Sufyian Barhoumi be charged before a military commission.[16]

The appointing authority approved the charges against Sufyian on 4 November 2005.[17]

Barhoumi faced the charge of "Conspiracy".[18]

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 May 29, 2008,

Barhoumi,

Jabran al-Qathani

and

Ghassan Abdullah al-Sharbi

were charged before the Congressionally authorized military commissions.[19][20]

On October 21, 2008, Susan J. Crawford the official in charge of the Office of Military Commissions announced

charges were dropped against Barhoumi.[21][22]

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.[22]

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.

Barhoumi has not been re-charged.[23]

Jess Bravin, writing in the Wall Street Journal, reported that, by 2013, Barhoumi had decided he would plead guilty, to any charge, because he saw a plea bargain as a way to win himself a fixed release date to look forward to.

Barhoumi was to have been charged with "providing material support for terrorism." But appeals court judges had overturned the convictions of other men who pled guilty to that charge.

Bravin said that Barhoumi had come close to agreeing to a plea bargain in 2009, that would have imposed a sentence of 20 years, except he wanted credit for the eight years he had already served.[23]

Status during the Donald Trump administration

Observers noted that President Barack Obama's administration made a push to transfer as many individuals from Guantanamo, as possible, during his last year. The Washington Post reported that Soufiyan Barhoumi was one of the five individuals who had been cleared for release, who remained in Guantanamo when Donald Trump was inaugurated. During the election campaign Trump had promised that, once he took power, no one would ever leave detention at Guantanamo, that he would bring more individuals to be detained there.

References

1. ^{{cite web| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through 15 May 2006| author=OARDEC| publisher=United States Department of Defense| date=15 May 2006| accessdate=2007-09-29|format=PDF}}
2. ^{{cite web |url = http://humanrights.ucdavis.edu/resources/library/documents-and-reports/gtmo_heightsweights.pdf |title = Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version) |publisher = Center for the Study of Human Rights in the Americas, from DoD data |date = |author = |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21 |archivedate = 2009-12-21 |deadurl = yes |df = }}
3. ^1 {{cite news| url=http://projects.nytimes.com/guantanamo/detainees/694-sufyian-barhoumi| title=Guantanamo Docket: Sufyian Barhoumi| publisher=New York Times| author=Margot Williams| date=2008-11-03| accessdate=2015-05-18| quote=}}
4. ^1 {{cite news |url = https://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm |title = U.S. military reviews 'enemy combatant' use |publisher = USA Today |date = 2007-10-11 |archivedate = 2012-08-11 |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11 |deadurl = no |quote = 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. |df = }}
5. ^1 2 3 4 5 6 7 8 9 {{cite news |url = http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf |title = The Current Detainee Population of Guantánamo: An Empirical Study |publisher = The Brookings Institution |date = 2008-12-16 |author = Benjamin Wittes, Zaathira Wyne |accessdate = 2010-02-16 |deadurl = yes |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.brookings.edu%2F%7E%2Fmedia%2Fresearch%2Ffiles%2Freports%2F2008%2F12%2F16%2520detainees%2520wittes%2F1216_detainees_wittes.pdf&date=2012-06-22 |archivedate = 2012-06-22 |df = }}
6. ^{{cite news |url = http://www.miamiherald.com/2009/09/24/1249875/judge-oks-guantanamo-detention.html |title = Judge OKs Guantánamo detention of Algerian |publisher = Miami Herald |date = 2009-09-24 |accessdate = 2011-12-15 |quote = Barhoumi and several others were sent to Guantánamo and charged with war crimes for allegedly training with al Qaeda, setting up a bomb-making shop and going on a $1,000 shopping mission in Faisalabad to buy materiel for roadside bombs to resist the U.S. invasion of Afghanistan. |page = |author = Carol Rosenberg |deadurl = bot: unknown |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2F2009%2F09%2F24%2F1249875%2Fjudge-oks-guantanamo-detention.html&date=2011-12-15 |archivedate = 2011-12-15 |df = }}
7. ^{{cite news |url = http://www.mcclatchydc.com/2009/09/24/75995/algerian-seized-with-abu-zubaydah.html |title = Algerian seized with Abu Zubaydah loses habeas case |publisher = McClatchy News Services |date = 2009-09-24 |accessdate = 2011-12-15 |quote = In the latest case made public, U.S. District Judge Rosemary Collyer ruled for the detention of Sufiyan Barhoumi, 36, in a two-page decision dated Sept. 3. Her full ruling was still classified Friday. |page = |author = Carol Rosenberg |deadurl = bot: unknown |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.mcclatchydc.com%2F2009%2F09%2F24%2F75995%2Falgerian-seized-with-abu-zubaydah.html&date=2011-12-15 |archivedate = 2011-12-15 |df = }}
8. ^{{cite news |url = http://media.miamiherald.com/smedia/2010/07/04/14/barhoumi.source.prod_affiliate.56.pdf |title = Sufiyam Barhoumi v. Barack Obama |publisher = United States Department of Justice |date = 2010-06-10 |accessdate = 2011-12-15 |quote = |page = |author = |deadurl = bot: unknown |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fmedia.miamiherald.com%2Fsmedia%2F2010%2F07%2F04%2F14%2Fbarhoumi.source.prod_affiliate.56.pdf&date=2011-12-15 |archivedate = 2011-12-15 |df = }}
9. ^{{cite news |url = https://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html |title = WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose |publisher = The Telegraph (UK) |date = 2011-04-27 |accessdate = 2012-07-13 |author = Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake |archivedate = 2012-07-13 |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=2012-07-13 |deadurl = no |quote = The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website. |df = }}
10. ^{{cite news| url = https://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html| title = WikiLeaks: The Guantánamo files database| publisher = The Telegraph (UK)| date = 2011-04-27| accessdate = 2012-07-10}}
11. ^{{cite news| url = https://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477032/Guantanamo-Bay-detainee-file-on-Sufyian-Barhoumi-US9AG-000694DP.html| title = Sufyian Barhoumi: Guantanamo Bay detainee file on Sufyian Barhoumi, US9AG-000694DP, passed to the Telegraph by Wikileaks | publisher = The Telegraph (UK)| author = | date = 2011-04-27| page = | accessdate = 2012-09-| quote = }}
12. ^{{cite news |title = Justice task force recommends about 50 Guantanamo detainees be held indefinitely |author = Peter Finn |url = https://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012104936.html |newspaper = Washington Post |date = January 22, 2010 |accessdate = July 21, 2010 |archivedate = 2015-05-19 |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2010%2F01%2F21%2FAR2010012104936.html&date=2015-05-19 |deadurl = no |df = }}
13. ^{{cite news |title = Most Guantanamo detainees low-level fighters, task force report says |author = Peter Finn |url = https://www.washingtonpost.com/wp-dyn/content/article/2010/05/28/AR2010052803873.html |newspaper = Washington Post |date = May 29, 2010 |accessdate = July 21, 2010 |archivedate = 2015-05-19 |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2010%2F05%2F28%2FAR2010052803873.html&date=2015-05-19 |deadurl = no |df = }}
14. ^{{cite web| author = Andy Worthington| url = http://www.andyworthington.co.uk/2010/06/11/does-obama-really-know-or-care-about-who-is-at-guantanamo/| title = Does Obama Really Know or Care About Who Is at Guantánamo?| date = June 11, 2010| accessdate = July 21, 2010| archivedate = 2010-06-16| archiveurl = https://web.archive.org/web/20100616161842/http://www.andyworthington.co.uk/2010/06/11/does-obama-really-know-or-care-about-who-is-at-guantanamo| deadurl = no}}
15. ^{{cite news | url = https://www.documentcloud.org/documents/1020057-guantanamo-parole-list.html| title = 71 Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013| publisher = Joint Review Task Force| author = | date = 2013-04-09 | page = | location = | archiveurl = https://web.archive.org/web/20150519230955/https://www.documentcloud.org/documents/1020057-guantanamo-parole-list.html| archivedate = 2015-05-19| accessdate = 2015-05-18| deadurl = No | quote = }}
16. ^{{Cite news| url=http://www.defenselink.mil/news/Dec2005/d20051215prtbbarhoumi.pdf| title=To the Secretary of Defense| publisher=United States Department of Defense| author=George W. Bush| date=6 July 2004| accessdate=2008-05-03| quote=Accordingly, it is hereby ordered that, effective this date, Sufyian Barhoumi shall be subject to the Military Order of 13 November 2001.|format=PDF}}
17. ^{{Cite news| url=http://www.defenselink.mil/news/Dec2005/d20051220barhoumichargesapproved.pdf| title=Military Commission Case No. 05-0006| publisher=United States Department of Defense| author=John D. Alternburg Jr.| date=4 November 2005| accessdate=2008-05-03| quote=The charges against Sufyian Barhoumi (a/k/a Abu Obaida, a/k/a Obaydah A1 Jaza'iri, a/k/a Shafiq) are approved.|format=PDF}}
18. ^{{cite web| url=http://www.defenselink.mil/news/Nov2005/d20051104Barhoumi.pdf| archive-url=https://web.archive.org/web/20051113031038/http://www.defenselink.mil/news/Nov2005/d20051104barhoumi.pdf| dead-url=yes| archive-date=13 November 2005| title=USA v. Barhoumi| date=7 November 2005| accessdate=2007-02-27| publisher=US Department of Defense|format=PDF}}
19. ^{{Cite news |url = http://jurist.law.pitt.edu/paperchase/2008/05/pentagon-files-new-charges-against-3.php |title = Pentagon files new charges against 3 Guantanamo detainees |publisher = The Jurist |author = Andrew Gilmore |date = 30 May 2008 |accessdate = 2008-06-01 |quote = |deadurl = yes |archiveurl = https://web.archive.org/web/20090508075052/http://jurist.law.pitt.edu/paperchase/2008/05/pentagon-files-new-charges-against-3.php |archivedate = 8 May 2009 |df = }}
20. ^{{Cite news| url=http://www.defenselink.mil/news/d20080529Sufyian.pdf| title=Charge sheet (2008)| publisher=United States Department of Defense| date=29 May 2008| accessdate=2008-06-01| quote=|format=PDF}}
21. ^{{Cite news |url = https://www.reuters.com/article/topNews/idUSTRE49K65120081021?sp=true |title = U.S. drops charges against 5 Guantanamo captives |publisher = Reuters |author = Jane Sutton |date = 2008-10-21 |accessdate = 2008-10-21 |quote = |deadurl = bot: unknown |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.reuters.com%2Farticle%2FtopNews%2FidUSTRE49K65120081021%3Fsp%3Dtrue&date=2008-10-21 |archivedate = 2008-10-21 |df = }}
22. ^1 {{Cite news |url = http://www.latimes.com/news/nationworld/nation/la-na-gitmo22-2008oct22,0,6309987.story |title = War crimes charges dropped against 5 in Guantanamo |publisher = Los Angeles Times |author = Carol J. Williams |date = 2008-10-21 |accessdate = 2008-10-21 |quote = |deadurl = bot: unknown |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.latimes.com%2Fnews%2Fnationworld%2Fnation%2Fla-na-gitmo22-2008oct22%2C0%2C6309987.story&date=2008-10-21 |archivedate = 2008-10-21 |df = }}
23. ^1 {{cite news | url = https://www.wsj.com/articles/SB10001424127887324069104578527012686080732| title = Guantanamo Detainee Begs to Be Charged as Legal Limbo Worsens| publisher = Wall Street Journal| author = Jess Bravin| date = 2013-07-15| page = | location = | accessdate = 2015-05-18| quote = "For years, your ticket out of Guantanamo was being found guilty," says Capt. Justin Swick, a lawyer appointed to represent Mr. Barhoumi. He noted that Mr. Hamdan, the former driver for bin Laden, was repatriated to Yemen within six months of his 2008 material support conviction. "Now there's nothing to be found guilty of," Capt. Swick says.}}
24. ^1 {{cite news | url = http://www.business-standard.com/article/news-ians/2-guantanamo-prisoners-ask-for-release-before-trump-takes-office-117011700073_1.html| title = 2 Guantanamo prisoners ask for release before Trump takes office| publisher = Business Standard| author = | date = 2017-01-17| page = | location = | accessdate = 2017-01-17| quote = Lawyers for two lower-level detainees from the wartime prison at Guantanamo Bay in Cuba, are urgently asking a court to send them home before Trump takes office, specially after 10 such prisoners were released, media reports said.}}
[24]
}}

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, CTV, 7 November 2005
  • [https://web.archive.org/web/20060827011938/http://chinadaily.com.cn/english/doc/2005-11/08/content_492384.htm US charges five Guantanamo detainees with war crimes], China Daily, 7 November 2005
  • Canadian held at Guantanamo charged with murder, CBC, 7 November 2005
  • Five More Guantanamo Detainees Charged, The Guardian, 7 November 2005
  • Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010){{dead link|date=November 2017 |bot=InternetArchiveBot |fix-attempted=yes }}
  • Supreme Court to hear challenge to military commissions, San Francisco Mercury, 7 November 2005
{{Afghanistan War}}{{GitmoCharges|state=collapsed}}{{Controversies surrounding people captured during the War on Terror}}{{DEFAULTSORT:Barhoumi, Sufyian}}

5 : Living people|People held at the Guantanamo Bay detention camp|Algerian extrajudicial prisoners of the United States|1973 births|People from Algiers
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