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Omar Said Salim Al Dayi

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Omar Said Salim Al Dayi, also known as Omar Said Salem Adayn and Omer Saeed Salem Al Daini, is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 549.

Omar Said Salim Al Dayi
Official Guantanamo identity portrait of Omar Said Salem Adayn, showing him wearing the white uniform issued to "compliant" individuals.
Detained at Guantanamo
ISN549
Charge(s)No charge, held in extrajudicial detention
StatusReleased in Oman in January 2016

He arrived in Guantanamo on June 18, 2002.[2] The Guantanamo Review Task Force cleared him for release in January 2010.[3] He was transferred to Oman on January 13, 2016, with nine other Yemenis.[4]

Inconsistent identification

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Al Dayi was identified inconsistently on official Department of Defense documents:

Official status reviews

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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.[14] 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

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Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[15][16]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[14][17]

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:[18]

  • Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[18]
  • Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[18]
  • Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... were at Tora Bora."[18]
  • Omar Said Salim Al Dayi was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[18]
  • Omar Said Salim Al Dayi was listed as one of the captives who was a foreign fighter.[18]
  • Omar Said Salim Al Dayi was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."[18]

There is no record that al Dayi attended any of his OARDEC hearings.

On January 9, 2009, the Department of Defense published eight pages of memos drafted by his third annual Administrative Review Board.[19][20] The memos were heavily redacted, and the Board's recommendation was withheld. The Board met on August 7, 2007, without the captive being present. The covering letter from the director of the Office for the Administrative Review of Detained Enemy Combatants to Gordon England, the Designated Civilian Official, who, theoretically, made the final decision as to whether captives should be cleared for release, ordered his continued detention on October 12, 2007.

The record of proceedings stated that the captive declined to attend the board's hearing.[20] His Assisting Military Officer, who met with the captive, indicated that the captive was "uncooperative or unresponsive".

The record indicates his habeas counsel had submitted documents in his defense, and that these were considered by his board.[20] However, while other captive's habeas submissions have been published, these, however, were not published.

habeas corpus

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A writ of habeas corpus, Omer Saeed Salem Al Daini v. George W. Bush -- 05-0634, was submitted on his behalf.[13] In September 2007, the Department of Defense published dossiers from documents prepare for 179 captive's Combatant Status Review Tribunal.[9] However, the Department of Defense did not release his dossier. He was represented by C. Rufus Pennington III.[citation needed]

Formerly secret Joint Task Force Guantanamo assessment

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On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[21][22] A ten-page Joint Task Force Guantanamo assessment was drafted on June 20, 2008.[23] It was signed by camp commandant rear admiral David M. Thomas. He recommended continued detention.[citation needed]

References

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  1. ^ a b OARDEC (2006-05-15). "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 2007-09-29.
  2. ^ "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)" (PDF). Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original (PDF) on 2010-06-13. Retrieved 2009-12-21.
  3. ^ Andy Worthington (2012-10-25). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?". Retrieved 2016-01-14.
  4. ^ Charlie Savage (2016-01-14). "Guantánamo Population Drops to 93 after 10 Prisoners Go to Oman". New York Times. Retrieved 2016-01-14. Oman, which shares a border with Yemen, also took in 10 lower-level detainees in 2015. Its acceptance of 20 men over the past 13 months has significantly aided the Obama administration's goal of repatriating or resettling all the men who have been recommended for transfer, most of whom have been languishing with that status since at least 2009 when a six-agency task force unanimously approved letting them go.
  5. ^ OARDEC (2004-10-13). "Summary of Evidence for Combatant Status Review Tribunal - Al Dayi, Omar Said Salim" (PDF). United States Department of Defense. p. 64. Archived from the original (PDF) on 2007-12-03. Retrieved 2008-01-15.
  6. ^ OARDEC (2005-11-07). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Dayi, Omar Said Salim" (PDF). United States Department of Defense. pp. 1–2. Archived from the original (PDF) on 2008-03-13. Retrieved 2008-06-23.
  7. ^ OARDEC (2006-04-20). "List of detainee who went through complete CSRT process" (PDF). United States Department of Defense. Archived from the original (PDF) on 2007-09-30. Retrieved 2007-09-29.
  8. ^ OARDEC (2007-07-17). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. Archived from the original (PDF) on 2007-12-03. Retrieved 2007-09-29.
  9. ^ a b OARDEC (2007-08-08). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. Retrieved 2007-09-29.
  10. ^ OARDEC (2007-08-09). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Archived from the original (PDF) on 2007-10-26. Retrieved 2007-09-29.
  11. ^ OARDEC (2007-07-17). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Archived from the original (PDF) on 2007-10-26. Retrieved 2007-09-29.
  12. ^ OARDEC (2006-07-05). "Unclassified Summary of Evidence for Administrative Review Board in the case of Adayn, Omar Said Salem" (PDF). United States Department of Defense. pp. 27–28. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-23.
  13. ^ a b "RESPONDENTS' RESPONSE TO COURT'S AUGUST 7, 2006 ORDER" (PDF). United States Department of Defense. 2006-08-15. Archived from the original (PDF) on June 27, 2008. Retrieved 2008-06-23.
  14. ^ a b "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
  15. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  16. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  17. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
  18. ^ a b c d e f g Benjamin Wittes; Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2017-05-19. Retrieved 2010-02-16.
  19. ^ OARDEC (2007-10-07). "Administrative Review Board Assessment and Recommendation ICO ISN 549" (PDF). United States Department of Defense. p. 291. Archived from the original (PDF) on 2009-09-01. Retrieved 2009-08-30.
  20. ^ a b c OARDEC (2007-08-07). "Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 549" (PDF). United States Department of Defense. pp. 292–298. Archived from the original (PDF) on 2009-09-01. Retrieved 2009-08-30.
  21. ^ Christopher Hope; Robert Winnett; Holly Watt; Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-15. Retrieved 2012-07-13. The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America's own analysis of almost ten years of controversial interrogations on the world's most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website.
  22. ^ "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. Archived from the original on 2015-06-26. Retrieved 2012-07-10.
  23. ^ "Umar Said Salim Al Dini: Guantanamo Bay detainee file on Umar Said Salim Al Dini, US9YM-000549DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Archived from the original on 2015-04-11. Retrieved 2016-01-14.
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