Ridah Bin Saleh Al Yazidi


Ridah Bin Saleh Al Yazidi

Infobox WoT detainees
subject_name = Ridah Bin Saleh Al Yazidi



image_size =
image_caption =
date_of_birth = Birth date and age|1965|01|24
place_of_birth = Unfidel, Tunisia
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 = 38
group =
alias =
charge = No charge, held in extrajudicial detention
penalty =
status = Habeas petition renewed in July 2008
csrt_summary =
csrt_transcript=
occupation =
spouse =
parents =
children =

Ridah Bin Saleh Al Yazidi is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.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 May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29
] Al Yazidi's Guantanamo detainee ID number 38.The Department of Defense reports that he was born on January 24 1965, in Unfidel, Tunisia.

Combatant Status Review Tribunal

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were "lawful combatants" -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Ridah Bin Saleh Al Yazidi'sCombatant Status Review Tribunal on 30 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#40
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Yazidi, Ridah Bin Saleh
publisher=United States Department of Defense
author=OARDEC
date=2004-09-30
accessdate=2008-09-27
page=pages 40-41
quote=
] The memo listed the following allegations:

:

Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

First annual Administrative Review Board heading

A Summary of Evidence memo was prepared for Ridah Bin Saleh Al Yazidi's first annual Administrative Review Board hearing on 4 May 2005.cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_2_1046-1160.pdf#51
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yazidi, Ridah Bin Saleh (published March 2006)
pages=pages 51-53
publisher=United States Department of Defense
author=OARDEC
date=4 May 2005
accessdate=2008-09-26
quote=
] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001046-001160.pdf
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yazidi, Ridah Bin Saleh (published September 2007)
date=May 4 2005
pages=page51-53
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-01-09
] Page three of the four page memo was missing both times this memo was published.

The remaining three pages memo listed seventeen "primary factors favor [ing] continued detention" and two "primary factors favor release or transfer".

econd annual Administrative Review Board heading

A Summary of Evidence memo was prepared for Rida Al Yazidi's second annual Administrative Review Board hearing on 10 August 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_1-99.pdf#66
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yazidi, Rida
pages=pages 66-68
publisher=United States Department of Defense
author=OARDEC
date=10 August 2006
accessdate=2008-09-26
quote=
] The three page memo listed twenty-two "primary factors favor [ing] continued detention" and one "primary factors favor release or transfer".

Habeas corpus petitions

Al Yazidi's original habeas corpus petition was amalgamated with David Hicks's -- Civil Action No. 02-cv-0299. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1-91.pdf#1
pages=pages 1-19
title=David Hicks v. United States
publisher=United States Department of Defense
date=2004-10-04
accessdate=2008-09-26
] cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/12/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 12
publisher=United States Department of Justice
author=Brent N. Rushforth
date=2008-07-07
accessdate=2008-09-26
quote=
[http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F12%2F0.pdf&date=2008-09-26 mirror] ]

179 captives who had habeas petitions files on their behalf had a dossier of unclassified documents from their Combatant Status Review Tribunals published.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=2008-08-08
accessdate=2007-09-29
] But Al Yazidi's documents were withheld. The Bush administration has not offered an explanation as to why his documents were withheld.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

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 eligible to be re-instated.

Habeas reinstated

Al Yazidi's counsel have submitted requests to re-instate his habeas petition.On July 7, 2008 Brent N. Rushforth filed a "PETITIONER’S UNOPPOSED MOTION TO ENTER PROTECTIVE ORDER"' on behalf of Ridah Bin Saleh Al Yazidi.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/12/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 12
publisher=United States Department of Justice
author=Brent N. Rushforth
date=2008-07-07
accessdate=2008-09-26
quote=
[http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F12%2F0.pdf&date=2008-09-26 mirror] ] cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/178/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 127 -- Petitioner Yazidi's status report
publisher=United States Department of Justice
author=Brent N. Rushforth
date=2008-07-18
accessdate=2008-09-27
quote=
[http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F127%2F0.pdf&date=2008-09-27 mirror] ] cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/178/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 178 -- Memorandum of understanding regarding access to classified national security information
publisher=United States Department of Justice
author=Kit A. Pierson
date=2008-07-22
accessdate=2008-09-26
quote=
[http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F178%2F0.pdf&date=2008-09-27 mirror] ]

References


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