ISN 152 | Name Asim Abdullah | |
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Charge(s) extrajudicial detention Status given refugee status in Kazakhstan on December 30, 2014 Detained at | ||
Asim Thahit Abdullah Al Khalaqi (1968-2015) was a citizen of Yemen, who was held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba. His Guantanamo Internment Serial Number is 152. Joint Task Force Guantanamo counter-terrorism analysts estimate Al Khalaqi was born in 1968, in Riyadh, Saudi Arabia.
Contents
- Official status reviews
- Office for the Administrative Review of Detained Enemy Combatants
- Habeas corpus submission
- Formerly secret Joint Task Force Guantanamo assessment
- Joint Review Task Force
- Transfer to Kazakhstan
- Death in Kazakhstan
- References
On December 30, 2014 Asim Thahit Abdullah al Khalaqi was transferred to the custody of Kazakhstan with four other detainees. They were prevented from being repatriated to Yemen because of its uncertain political state. Al Khalaqi died of chronic kidney failure 129 days after his transfer.
Official status reviews
In the early years of his response to the 9/11 attacks, United States President George W. Bush asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions. He said they could be held indefinitely at the detention center his government set up at Guantanamo Bay Naval Base, on the island of Cuba, without charge, and without an open and transparent review of the justifications for their detention. 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.
A Summary of Evidence memo was prepared for Asim Thahit Abdullah Al Khalaqi's 2004 Combatant Status Review Tribunal, on 4 November 2004.
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:
Al Khalaqi chose to participate in his Combatant Status Review Tribunal. The DoD published a thirteen-page summarized transcript.
On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of reviews of the Guantanamo detainees. Al Khalaqi was one of the detainees profiled. According to the article, his transcript contained the following exchange:
Habeas corpus submission
Al Khalaqi was one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by US District Court Judge Reggie B. Walton on January 31, 2007.
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, 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 re-instated.
In July 2008 Civil Action No. 05-CV-999 was re-filed on Asim Ben Thabit Al-Khalaqi's behalf. His was the sole case in 05-CV-999.
Formerly secret Joint Task Force Guantanamo assessment
On April 25, 2011, the whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. A nine-page assessment was drafted on January 1, 2007. It was signed by camp commandant Harry B. Harris Jr., who recommended continued detention.
His 2007 JTF-GTMO assessment characterized him as a "medium risk".
Joint Review Task Force
When he assumed office in January 2009 President Barack Obama made a number of promises about the future of Guantanamo. 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 the individuals as either eligible to be charged; eligible for release; or too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. Asim Thahit Abdullah Al Khalaqi was one of the 55 individuals whose release the Task Force recommended.
Transfer to Kazakhstan
On December 31, 2014, Asim Thahit Abdullah al Khalaqi, and four other men, were transferred to Kazakhstan. Fox News pointed out to readers that al Khalaqi, and the other men, were the first individuals to be transferred to Kazakhstan. Fellow Yemenis, Muhammad Ali Husayn Khanayna and Sabri Mohammad al Qurashi and Tunisians Adel Al-Hakeemy, and Abdullah Bin Ali Al Lufti, were also transferred. Fox News noted that his 2007 JTF-GTMO assessment characterized him as a "medium risk". Reuters pointed out that the 2009 reviews by the Joint Review Task Force had reclassified all five men as "low risk".
National Public Radio pointed out that all the agencies with representatives on the Joint Review Task Force had unanimously agreed to release the five men.
Matt Spetalnick, of Reuters, noted that al Khalaqi had denied claims from John Walker Lindh, "the American Taliban", that he had fought with Al Qaeda.
Vice News described the men as only nominally being free. Abdullah Bin Ali al-Lutfi, who was released to Kazakhstan at the same time as al-Khalaqi, and had been in regular contact with him via Skype, told Vice News that Kazakhstan security officials regularly inspected the former captives' living quarters, initially doing so almost every day:
Vice News reported that "In cooperation with the Kazakh government, the local chapter of the ICRC is charged with the care of the former detainees, and provides healthcare, food stipends, language classes, and transport."
Death in Kazakhstan
On May 21, 2015, Claire Ward, writing in Vice News, reported that al-Khalaqi had been found dead in his sparsely furnished apartment in Kyzylorda, on (2015-05-07)May 7, 2015. Abdullah Bin Ali al-Lutfi, who was released to Kazakhstan at the same time as al-Khalaqi, described al-Khalaqi frequently going into comas, in his cell, at Guantanamo, requiring Guantanamo medical personnel to rush to his aid.
Prior to his autopsy Kazakhstan authorities suspected he might have died from food poisoning, but his autopsy determined that he died of kidney failure, and also had a serious lung infection. Al Lufti said Al Khalaqi had needed to be taken to the hospital frequently, during his six months in Kazakhstan. The autopsy described al Khalaqi as overweight, and suffering from gout.
Guantanamo spokesman Captain Tom Gresback told Vice News, "Every detainee is given a thorough health screening prior to transfer... The detainee would not have been transferred if he failed the health screening." His 2007 Joint Task Force Guantanamo detainee assessment described al-Khalaqi as being in "good health".
On May 22, 2015, The Guardian quoted another friend of al Khalaqi's Jihad Dhiab, recently transferred to Uruguay. Dhiab also had Skype conversations with al Khalaqi days before his death. He said al Khalaqi's health problems had grown so profound, that he was no longer able to walk. He had to throw his keys out the window so ICRC aid workers could unlock the door and proceed to his apartment.