Citizenship Algeria ISN 744 | Charge(s) No charge Name Aziz Naji | |
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Born May 4, 1975 (age 48)
Batna, Algeria ( 1975-05-04 ) Status Transferred to Algeria against his will; currently under judicially supervised release Detained at Guantanamo Bay detention camp | ||
Abdul Aziz Naji is an Algerian citizen who was held without charges in the United States Guantanamo Bay detention camp in Cuba. His Guantanamo Internment Serial Number was 744. American intelligence analysts report that he was born on May 4, 1975, in Batna, Algeria.
Contents
- Background
- Clearance by Obama Administrations Guantanamo Review Task Force
- Habeas corpus
- Disappearance alleged
- January 2012 conviction
- Swiss asylum request
- References
Naji arrived at Guantanamo on August 5, 2002, and was repatriated to Algeria, against his will, in July 2010.
The Obama administration transferred Abdul Aziz Naji to Algeria in July 2010. Naji argued that he would face a high risk to be tortured in Algeria when he would be forced to return to that country but he lost his case before the Supreme Court. Human Rights Watch has heavily criticized the Obama administration for their decision.
On July 25, 2010, he was indicted by the government of Algeria and placed under judicial supervision though it is not known what he had been charged with or what the supervision entailed.
Background
Abdul Aziz Naji asserts he was in Pakistan as an aid worker, performing zakat—charitable work. He described losing a leg to a land mine while performing charitable service near embattled Kashmir. He lost his leg prior to al Qaeda's attack on the USA, and spent a year in medical rehabilitation in Pakistan. His capture came shortly after his release from the hospital during a trip to Peshawar, where he was to meet a marriage broker.
Clearance by Obama Administration's Guantanamo Review Task Force
No charges have ever been brought against Mr. Naji by the US government. On May 20, 2009, he was cleared for transfer by the Guantanamo Review Task Force established by President Obama’s Executive Order of January 22, 2009.
Habeas corpus
Abdul Aziz Naji had a habeas corpus appeal initiated on his behalf in 2005.
On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of these captives whose names are not on any of the official lists.
His most recent attorneys are Ellen Lubell and Doris Tennant, of Newton, Massachusetts. Lubell and Tennant appealed to Newton's city council to follow the example of neighboring Amherst and offer sanctuary to their client.
Disappearance alleged
In an email, dated 23 July 2010, Bill Quigley, Legal Director of Center for Constitutional Rights, states that Abdul Aziz Naji, had gone missing after the US sent him back to Algeria against his will and that Abdul Aziz Naji did not want to return to Algeria because he feared persecution from both the Algerian government and militant anti-government forces. Mr. Naji had applied for political asylum in Switzerland, and his application was proceeding through the Swiss courts.
January 2012 conviction
Naji was convicted on January 16, 2012 of “belonging to a terrorist group abroad”. Naji had asserted he had been a charity worker in Afghanistan—not a fighter. According to the human rights group Reprieve the prosecution didn't introduce new evidence against him, only introducing the untested allegations from Guantanamo.
Swiss asylum request
In June 2013 the Swiss Broadcasting Corporation reported that Abdul Aziz Naji had requested asylum in Switzerland, in 2009. Switzerland's Federal Migration Office turned down his asylum request. His lawyer appealed to Switzerland's Federal Administrative Court, which ruled, on December 10, 2009, that the justifications for turning down the asylum request were vague and inadequate. They ruled that the decision on his asylum request would have to be re-done.
In June 2013 the Federal Migration Office responded to queries as to why it had not reviewed Abdul Aziz Naji's request. They wrote:
“The duration of asylum proceedings is dependent on various factors, notably possible additional investigations being done to clarify the case, but also the priority order in which cases are being treated.”