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词条 Omar Said Salim Al Dayi
释义

  1. Background

  2. inconsistent identification

  3. Official status reviews

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

  4. References

{{Infobox WoT detainees
| subject_name = Omar Said Salim Al Dayi
| image = ISN 00549, Omar Said Salem Adayn.jpg
| image_size =
| caption = Official Guantanamo identity portrait of Omar Said Salem Adayn, showing him wearing the white uniform issued to "compliant" individuals.
| date_of_birth = {{Birth year and age|1976}}
| place_of_birth = Hadramaut, Yemen
| date_of_arrest =
| place_of_arrest=
| arresting_authority=
| date_of_release =
| place_of_release=
| date_of_death =
| place_of_death =
| citizenship =
| detained_at = Guantanamo
| id_number = 549
| group =
| alias =
| charge = no charge, held in extrajudicial detention
| penalty =
| status = released in Onam in January 2016
| csrt_summary =
| csrt_transcript=
| occupation = | spouse = | parents = | children =
}}Omar Said Salim Al Dayi is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1]

His Guantanamo Internee Security Number is 549.

He arrived in Guantanamo on June 18, 2002.[2]

The Guantanamo Review Task Force cleared him for release in January 2010.[3]

He was transferred to Oman on January 13, 2016, with nine other Yemenis.

Background

Guantanamo captive faces the allegation that his name was found on list of 324 Arabic names, suspected of being al Qaeda members or associates. However, the Department of Defense identified captive 549 by at least four different names.

inconsistent identification

Al Dayi was identified inconsistently on official Department of Defense documents:

  • He was identified as Omar Said Salim Al Dayi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on October 13, 2004, and on the Summary of Evidence memo prepared for his Administrative Review Board, on November 7, 2005.[2][3][4][5][6][7][8]
  • He was identified as Abdul Rahman on the second official lists of captives' names, published on May 15, 2006.[1]
  • He was identified as Omar Said Salem Adayn on the Summary of Evidence memo prepared for his second annual Administrative Review Board, on July 5, 2006.[9]
  • He was identified as Omer Saeed Salem Al Daini on a habeas petition, Omer Saeed Salem Al Daini v. George W. Bush -- 05-0634[10]

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.[11]

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.[11][14]

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:[15]

  • Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[15]
  • Omar Said Salim Al Dayi 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."[15]
  • Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... were at Tora Bora."[15]
  • Omar Said Salim Al Dayi was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[15]
  • Omar Said Salim Al Dayi was listed as one of the captives who was a foreign fighter.[15]
  • Omar Said Salim Al Dayi was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."[15]

There is no record that al Dayi attended any of his OARDEC hearings.

On January 9, 2009, the Department of Defense published eight pages of memos drafted by his third annual Administrative Review Board.[16][17]

The memos were heavily redacted, and the Board's recommendation was withheld.

The Board met on August 7, 2007, without the captive being present.

The covering letter from the director of the Office for the Administrative Review of Detained Enemy Combatants to Gordon England, the Designated Civilian Official, who, theoretically, made the final decision as to whether captives should be cleared for release, ordered his continued detention on October 12, 2007.

The record of proceedings stated that the captive declined to attend the board's hearing.[17]

His Assisting Military Officer, who met with the captive, indicated that the captive was "uncooperative or unresponsive".

The record indicates his habeas counsel hsd submitted documents in his defense, and that these were considered by his board.[17] However, while other captive's habeas submissions have been published, these, however, were not published.

habeas corpus

A writ of habeas corpus, Omer Saeed Salem Al Daini v. George W. Bush -- 05-0634, was submitted on his behalf.[10]

In September 2007, the Department of Defense published dossiers from documents prepare for 179 captive's Combatant Status Review Tribunal.[6]

However, the Department of Defense did not release his dossier.

He was represented by C. Rufus Pennington III.

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.[18][19]

His ten-page Joint Task Force Guantanamo assessment was drafted on June 20, 2008.[20]

It was signed by camp commandant rear admiral David M. Thomas. He recommended continued detention.

References

1. ^{{cite web| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf|format=PDF| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006| author=OARDEC| publisher=United States Department of Defense| date=2006-05-15| accessdate=2007-09-29}}
2. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/000400-000499.pdf#64 |title = Summary of Evidence for Combatant Status Review Tribunal - Al Dayi, Omar Said Salim |date = 2004-10-13 |author = OARDEC |pages = page 64 |publisher = United States Department of Defense |accessdate = 2008-01-15 |deadurl = yes |archiveurl = https://web.archive.org/web/20071203003522/http://www.dod.mil/pubs/foi/detainees/csrt_arb/000400-000499.pdf#64 |archivedate = 2007-12-03 |df = }}
3. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000495-000594.pdf#1-2 |title = Unclassified Summary of Evidence for Administrative Review Board in the case of Al Dayi, Omar Said Salim |date = 2005-11-07 |pages = pages 1–2 |author = OARDEC |publisher = United States Department of Defense |accessdate = 2008-06-23 |deadurl = yes |archiveurl = https://web.archive.org/web/20080313141222/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000495-000594.pdf#1-2 |archivedate = 2008-03-13 |df = }}
4. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf |title = List of detainee who went through complete CSRT process |author = OARDEC |publisher = United States Department of Defense |date = 2006-04-20 |accessdate = 2007-09-29 |deadurl = yes |archiveurl = https://web.archive.org/web/20070930171245/http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf |archivedate = 2007-09-30 |df = }}
5. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf |title = Index for Combatant Status Review Board unclassified summaries of evidence |author = OARDEC |publisher = United States Department of Defense |date = 2007-07-17 |accessdate = 2007-09-29 |deadurl = yes |archiveurl = https://web.archive.org/web/20071203004259/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf |archivedate = 2007-12-03 |df = }}
6. ^{{cite web| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf| title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases| author=OARDEC| publisher=United States Department of Defense| date=2007-08-08| accessdate=2007-09-29}}
7. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf |title = Index to Summaries of Detention-Release Factors for ARB Round One |author = OARDEC |publisher = United States Department of Defense |date = 2007-08-09 |accessdate = 2007-09-29 |deadurl = yes |archiveurl = https://web.archive.org/web/20071026130459/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf |archivedate = 2007-10-26 |df = }}
8. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf |title = Index of Summaries of Detention-Release Factors for ARB Round Two |author = OARDEC |publisher = United States Department of Defense |date = 2007-07-17 |accessdate = 2007-09-29 |deadurl = yes |archiveurl = https://web.archive.org/web/20071026130524/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf |archivedate = 2007-10-26 |df = }}
9. ^{{cite web |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_599-699.pdf#27-28 |title = Unclassified Summary of Evidence for Administrative Review Board in the case of Adayn, Omar Said Salem |date = 2006-07-05 |pages = pages 27–28 |author = OARDEC |publisher = United States Department of Defense |accessdate = 2008-06-23 |deadurl = yes |archiveurl = https://web.archive.org/web/20080716125909/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_599-699.pdf#27-28 |archivedate = 2008-07-16 |df = }}
10. ^{{cite web |url = http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf |title = RESPONDENTS’ RESPONSE TO COURT’S AUGUST 7, 2006 ORDER |date = 2006-08-15 |publisher = United States Department of Defense |accessdate = 2008-06-23 |deadurl = yes |archiveurl = https://web.archive.org/web/20080627111630/http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf |archivedate = June 27, 2008 |df = }}
11. ^{{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 = }}
12. ^[https://www.nytimes.com/2004/11/08/national/08gitmo.html?ex=1257570000&en=4af06725bdf5c086&ei=5088&partner=rssnyt Guantánamo Prisoners Getting Their Day, but Hardly in Court], New York Times, November 11, 2004 - mirror {{webarchive|url=https://web.archive.org/web/20070930184542/http://cageprisoners.com/articles.php?aid=3838 |date=2007-09-30 }}
13. ^Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
14. ^{{cite news |url = http://news.bbc.co.uk/2/hi/americas/1773140.stm |title = Q&A: What next for Guantanamo prisoners? |publisher = BBC News |date = 2002-01-21 |accessdate = 2008-11-24 |quote = |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 |archivedate = 24 November 2008 |deadurl = bot: unknown |df = }}
15. ^{{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 = }}
16. ^{{cite news |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=291 |title = Administrative Review Board Assessment and Recommendation ICO ISN 549 |pages = page 291 |date = 2007-10-07 |author = OARDEC |publisher = United States Department of Defense |accessdate = 2009-08-30 |deadurl = yes |archiveurl = https://web.archive.org/web/20090901063622/http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=291 |archivedate = 2009-09-01 |df = }}
17. ^{{cite news |url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=292 |title = Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 549 |pages = pages 292–298 |date = 2007-08-07 |author = OARDEC |publisher = United States Department of Defense |accessdate = 2009-08-30 |deadurl = yes |archiveurl = https://web.archive.org/web/20090901063622/http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2386-2953.pdf#page=292 |archivedate = 2009-09-01 |df = }}
18. ^{{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 |author1=Christopher Hope |author2=Robert Winnett |author3=Holly Watt |author4=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= }}
19. ^{{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| archivedate = 2015-06-26| archiveurl = https://web.archive.org/web/20150626204100/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html| deadurl = no}}
20. ^{{cite news| url = https://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477527/Guantanamo-Bay-detainee-file-on-Umar-Said-Salim-Al-Dini-US9YM-000549DP.html| title = Umar Said Salim Al Dini: Guantanamo Bay detainee file on Umar Said Salim Al Dini, US9YM-000549DP, passed to the Telegraph by Wikileaks| publisher = The Telegraph (UK)| date = 2011-04-27| page = | accessdate = 2016-01-14| archivedate = 2015-04-11| archiveurl = https://web.archive.org/web/20150411043334/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477527/Guantanamo-Bay-detainee-file-on-Umar-Said-Salim-Al-Dini-US9YM-000549DP.html| deadurl = no| quote = }}
21. ^{{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 = |accessdate = 2009-12-21 |deadurl = yes |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 |df = }}
22. ^{{cite news| url = http://www.andyworthington.co.uk/2012/10/25/who-are-the-55-cleared-guantanamo-prisoners-on-the-list-released-by-the-obama-administration/| title = Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration? | author = Andy Worthington| date = 2012-10-25| accessdate = 2016-01-14| quote = }}
[21][22]
}}{{DEFAULTSORT:Dayi, Omar Said Salim}}

4 : People held at the Guantanamo Bay detention camp|Yemeni extrajudicial prisoners of the United States|Living people|Year of birth missing (living people)

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