Representing Adel: The Case of Guantanamo Detainee 940edit
William Teesdale, a Portland, Oregon public defender, who is part of a team defending several Guantanamo captives, wrote a description of his team's work representing Adel.[3] He wrote:
"Then, in May, 2005, the Government produced the factual return, as ordered by the District Court. We learned something stunning. There was a dissenting voice on the military CSRT panel that declared Adel an Enemy Combatant. An army major, whose name is classified, had the courage to file a dissenting report calling the result in Adel’s case 'unconscionable.'"
Teesdale described traveling to Afghanistan, and searching for witnesses who could prove Adel's innocence.[3] Teesdale wrote:
"All of the information gathered in this investigation was filed with the court in Mr. Hamad’s case in the form of a motion for summary judgment. On October 17, 2006 President Bush signed the Military Commissions Act, which attempts to strip the federal courts of jurisdiction to hear Guantanamo detainee habeas cases. All of our cases are presently stayed pending resolution of this issue."
Habeas corpusedit
Wikisource has original text related to this article:
Unclassified Summary of basis for dissenting decision (ISN 940 Adel Hassan Hamad)
Wikisource has original text related to this article:
Legal sufficiency review of Combatant Status Review Tribunal for Detainee ISN 940 (2005-01-25)
Wikisource has original text related to this article:
Legal sufficiency review of Combatant Status Review Tribunal for Detainee ISN 940 (2005-02-05)
On October 5, 2007 the lawyers for Adel Hassan Hamad filed an affidavit from an officer who had served with OARDEC who had criticisms of the process.[4] The officer, an Army reservist whose name was redacted, was a prosecutor in civilian life. He wrote of the Tribunals: ``"training was minimal" -and- ``"the process was not well defined". The officer had sat on 49 Tribunals.
CBS News reports that the unnamed officer is a Major, who participated in meetings with the admiral in charge of OARDEC to discuss six instances where Tribunals that had determined captives were innocent had those determinations reversed by extraordinary second Tribunals.[5]CBS News speculated that the Army major was the Tribunal member who recorded a minority opinion in Adel Hassan Hamad's case, calling his detention "unconscionable" because it was not based on sufficient evidence.
The Army major has described "acrimony" at a meeting convened to discuss why some Tribunals determined Uyghur captives in Guantanamo were not enemy combatants, when other Tribunals determined they were, even though the Uyghurs cases were so similar.[5]
James R. Crisfield, the Legal Advisor who reviewed Tribunal determinations for "legal sufficiency" commented on the reasoning of the "dissenting Tribunal member":
The dissenting tribunal member also opined that there was insufficient evidence to prove that the detainee was part of or supporting al Qaeda forces engaged in hostilities against the U.S. or its coalition partners. In analyzing whether there was sufficient evidence to support a Tribunal's decision I have customarily used the test of whether there was sufficient evidence for a reasonable finder of fact to have found the detainee was an enemy combatant by a preponderance of the evidence. Given the low evidentiary hurdle posed by a preponderance of the evidence standard[6] and the rebuttable presumption of genuiness and accuracy that attaches to the Government evidence, I believe that that the test is satisfied in this case. That is to say that reasonable finders of face could determine that this detainee meets the definition of "enemy combatant" based on the evidence presented.
Releaseedit
He and fellow Sudanese Salim Mahmud Adam were repatriated on December 13, 2007.[7]
Lawsuitedit
On May 14, 2008 the Daily Times of Pakistan reported that "Salim Mahmud Adam" and "Adel Hasan Hamad" had announced plans to sue the United States government over their detention.[8] The article reports that he told the Daily Times that his 2004 Combatant Status Review Tribunal had cleared him of the allegation that he was an "enemy combatant".
Hassan filed suit against the government and several individuals in federal district court in Seattle in April, 2010.[9] His case was bolstered by an affidavit from Colonel Lawrence Wilkerson, a former aide to Secretary of State Colin Powell, who stated that top U.S. officials, including George W. Bush, Dick Cheney, and Donald Rumsfeld, had known that the majority of the detainees initially sent to Guantánamo were innocent, but that the detainees had been kept there for reasons of political expedience.[10][11]
Familyedit
Hamad had daughter who was born after his arrest and who died before his release for lack of medical care.[12]
^ "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved May 15, 2006. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
^"Adel Hassan – The Guantánamo Docket". The New York Times. Retrieved December 28, 2009.
^ abWilliam Teesdale (January 11, 2007). . The Jurist. Archived from the original on January 24, 2007. Retrieved February 5, 2007.
^ Ben Fox (October 6, 2007). . The Guardian. London. Archived from the original on December 3, 2007. Retrieved October 8, 2007.
^ ab "Freed Gitmo Detainee Tells Of Desecration". CBS News. October 6, 2007. Archived from the original on January 19, 2008. Retrieved September 29, 2007.
^ The preponderance of the evidence standard may be simply stated as "more likely than not."
^ Ismail Kamal Kushkush (March 2008). . Southern California InFocus. Archived from the original on November 22, 2008. Retrieved March 26, 2008.
^ Akhtar Amin (May 14, 2008). . Daily Times (Pakistan). Archived from the original on May 18, 2008. Retrieved May 13, 2008. In 2004, Hamad and Adam said they appeared before a Combatant Status Review Tribunal that cleared them of charges of being enemy combatants. However, it was not until September 2007 that a military court finally cleared them of charges of posing a threat to the United States.
^, The New York Times, April 7, 2010, archived from the original on March 28, 2020, retrieved April 11, 2010
^Reid, Tim (April 9, 2010), "George W. Bush 'knew Guantánamo prisoners were innocent'", The Times, London, from the original on April 10, 2010, retrieved April 11, 2010
^Wilkerson, Lawrence (March 24, 2010). (PDF). Truthout. Archived from the original (PDF) on April 10, 2010. Retrieved April 11, 2010.
^"Steven T. Wax, Oregon's federal public defender, has created a crack legal team to follow the rule of law, even fighting for those accused of terrorism". The Oregonian. June 11, 2011.
Sudanese ex-Guantánamo detainees demand release of fellow citizens and compensation for “mental and physical torture” Andy Worthington
Sudanese man sues after release from Guantanamo
Former Guantánamo prisoner asks U.S. to review its founding ideals
The Shocking Stories of the Aid Workers Just Released From Gitmo
projecthamad.org -The story of Adel Hamad with an emphasis on the Habeas Corpus
Guantanamo Unclassified – Hamad's Lawyer's video featuring interviews with Adel Hamad's co-workers on YouTube
January 01, 1970
adel, hassan, hamad, citizen, sudan, held, united, states, guantanamo, detention, camp, cuba, joint, task, force, guantanamo, counter, terrorism, analysts, estimate, born, 1958, port, sudan, sudan, adel, hassan, repatriated, sudan, without, charges, december, . Adel Hassan Hamad is a citizen of Sudan who was held in the United States Guantanamo Bay detention camp in Cuba 1 Joint Task Force Guantanamo counter terrorism analysts estimate he was born in 1958 in Port Sudan Sudan Adel Hassan was repatriated to Sudan without charges on December 12 2007 2 Adel Hassan HamadBorn1958 age 65 66 Port Sudan SudanArrestedJuly 18 2002Detained at GuantanamoISN940Charge s No chargeStatusRepatriatedOccupationHospital administrator Contents 1 Representing Adel The Case of Guantanamo Detainee 940 2 Habeas corpus 3 Release 4 Lawsuit 5 Family 6 See also 7 References 8 Further reading 9 External linksRepresenting Adel The Case of Guantanamo Detainee 940 editWilliam Teesdale a Portland Oregon public defender who is part of a team defending several Guantanamo captives wrote a description of his team s work representing Adel 3 He wrote Then in May 2005 the Government produced the factual return as ordered by the District Court We learned something stunning There was a dissenting voice on the military CSRT panel that declared Adel an Enemy Combatant An army major whose name is classified had the courage to file a dissenting report calling the result in Adel s case unconscionable Teesdale described traveling to Afghanistan and searching for witnesses who could prove Adel s innocence 3 Teesdale wrote All of the information gathered in this investigation was filed with the court in Mr Hamad s case in the form of a motion for summary judgment On October 17 2006 President Bush signed the Military Commissions Act which attempts to strip the federal courts of jurisdiction to hear Guantanamo detainee habeas cases All of our cases are presently stayed pending resolution of this issue Habeas corpus edit nbsp Wikisource has original text related to this article Unclassified Summary of basis for dissenting decision ISN 940 Adel Hassan Hamad nbsp Wikisource has original text related to this article Legal sufficiency review of Combatant Status Review Tribunal for Detainee ISN 940 2005 01 25 nbsp Wikisource has original text related to this article Legal sufficiency review of Combatant Status Review Tribunal for Detainee ISN 940 2005 02 05 On October 5 2007 the lawyers for Adel Hassan Hamad filed an affidavit from an officer who had served with OARDEC who had criticisms of the process 4 The officer an Army reservist whose name was redacted was a prosecutor in civilian life He wrote of the Tribunals training was minimal and the process was not well defined The officer had sat on 49 Tribunals CBS News reports that the unnamed officer is a Major who participated in meetings with the admiral in charge of OARDEC to discuss six instances where Tribunals that had determined captives were innocent had those determinations reversed by extraordinary second Tribunals 5 CBS News speculated that the Army major was the Tribunal member who recorded a minority opinion in Adel Hassan Hamad s case calling his detention unconscionable because it was not based on sufficient evidence The Army major has described acrimony at a meeting convened to discuss why some Tribunals determined Uyghur captives in Guantanamo were not enemy combatants when other Tribunals determined they were even though the Uyghurs cases were so similar 5 James R Crisfield the Legal Advisor who reviewed Tribunal determinations for legal sufficiency commented on the reasoning of the dissenting Tribunal member The dissenting tribunal member also opined that there was insufficient evidence to prove that the detainee was part of or supporting al Qaeda forces engaged in hostilities against the U S or its coalition partners In analyzing whether there was sufficient evidence to support a Tribunal s decision I have customarily used the test of whether there was sufficient evidence for a reasonable finder of fact to have found the detainee was an enemy combatant by a preponderance of the evidence Given the low evidentiary hurdle posed by a preponderance of the evidence standard 6 and the rebuttable presumption of genuiness and accuracy that attaches to the Government evidence I believe that that the test is satisfied in this case That is to say that reasonable finders of face could determine that this detainee meets the definition of enemy combatant based on the evidence presented Release editHe and fellow Sudanese Salim Mahmud Adam were repatriated on December 13 2007 7 Lawsuit editOn May 14 2008 the Daily Times of Pakistan reported that Salim Mahmud Adam and Adel Hasan Hamad had announced plans to sue the United States government over their detention 8 The article reports that he told the Daily Times that his 2004 Combatant Status Review Tribunal had cleared him of the allegation that he was an enemy combatant Hassan filed suit against the government and several individuals in federal district court in Seattle in April 2010 9 His case was bolstered by an affidavit from Colonel Lawrence Wilkerson a former aide to Secretary of State Colin Powell who stated that top U S officials including George W Bush Dick Cheney and Donald Rumsfeld had known that the majority of the detainees initially sent to Guantanamo were innocent but that the detainees had been kept there for reasons of political expedience 10 11 Family editHamad had daughter who was born after his arrest and who died before his release for lack of medical care 12 See also edit nbsp Biography portal Bagram torture and prisoner abuseReferences edit List of Individuals Detained by the Department of Defense at Guantanamo Bay Cuba from January 2002 through May 15 2006 PDF United States Department of Defense Retrieved May 15 2006 nbsp Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay Cuba from January 2002 through May 15 2006 at Wikisource Adel Hassan The Guantanamo Docket The New York Times Retrieved December 28 2009 a b William Teesdale January 11 2007 Representing Adel The Case of Guantanamo Detainee 940 The Jurist Archived from the original on January 24 2007 Retrieved February 5 2007 Ben Fox October 6 2007 Second Army Officer Faults Gitmo Panels The Guardian London Archived from the original on December 3 2007 Retrieved October 8 2007 a b Freed Gitmo Detainee Tells Of Desecration CBS News October 6 2007 Archived from the original on January 19 2008 Retrieved September 29 2007 The preponderance of the evidence standard may be simply stated as more likely than not Ismail Kamal Kushkush March 2008 Two men speak of their lost years at Gitmo Southern California InFocus Archived from the original on November 22 2008 Retrieved March 26 2008 Akhtar Amin May 14 2008 Two ex Guantanamo detainees to sue US Daily Times Pakistan Archived from the original on May 18 2008 Retrieved May 13 2008 In 2004 Hamad and Adam said they appeared before a Combatant Status Review Tribunal that cleared them of charges of being enemy combatants However it was not until September 2007 that a military court finally cleared them of charges of posing a threat to the United States Sudanese Man Sues After Release From Guantanamo The New York Times April 7 2010 archived from the original on March 28 2020 retrieved April 11 2010 Reid Tim April 9 2010 George W Bush knew Guantanamo prisoners were innocent The Times London archived from the original on April 10 2010 retrieved April 11 2010 Wilkerson Lawrence March 24 2010 DECLARATION OF COLONEL LAWRENCE B WILKERSON RET PDF Truthout Archived from the original PDF on April 10 2010 Retrieved April 11 2010 Steven T Wax Oregon s federal public defender has created a crack legal team to follow the rule of law even fighting for those accused of terrorism The Oregonian June 11 2011 Further reading editWax Steven T 2008 Kafka comes to America Other Press ISBN 978 1 59051 295 1 External links editAdel Hassan Hamad s Guantanamo detainee assessment via Wikileaks video Guantanamo Waiting for Justice on YouTube Sudanese ex Guantanamo detainees demand release of fellow citizens and compensation for mental and physical torture Andy Worthington Sudanese man sues after release from Guantanamo Former Guantanamo prisoner asks U S to review its founding ideals The Shocking Stories of the Aid Workers Just Released From Gitmo projecthamad org The story of Adel Hamad with an emphasis on the Habeas Corpus Guantanamo Unclassified Hamad s Lawyer s video featuring interviews with Adel Hamad s co workers on YouTube Retrieved from https en wikipedia org w index php title Adel Hassan Hamad amp oldid 1150032254, wikipedia, wiki, book, books, library,
