Released 2017-01-16Oman | Citizenship Yemen ISN 434 | |
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Born July 7, 1978 (age 38)Sana'a, Yemen ( 1978-07-07 ) Charge(s) no charge extrajudicial detention Status transferred to Oman on 2017-01-16 | ||
Mustafa Abdul Qawi Abdul Aziz Al Shamyri is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Al Shamyri's Guantanamo detainee ID number is 434. The Department of Defense reports that Al Shamyri was born on July 7, 1978, in Sana'a, Yemen.
Contents
- Held due to mistaken identity
- Official status reviews
- Office for the Administrative Review of Detained Enemy Combatants
- References
He was transferred to Oman with nine other men, on January 16, 2017.
Held due to mistaken identity
At his 2015 Periodic Review Board hearing the DoD acknowledged that they had realized that Shamyri had been held due to a misidentification. According to NBC News Guantanamo analysts explained the identity confusion by admitting their colleagues had relied on "fragmentary reporting" that linked him to volunteering in the civil war that lead to Bosnian independence. With regard to the more serious allegations that had been used to justify his detention they now admitted: "we now judge that these activities were carried out by other known extremists".
In January 2016, he was "cleared for release". This does not imply that he will actually be released; many other detainees that have been "cleared for release" have little prospect of ever obtaining their freedom.
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. 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.
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: