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{{Infobox War on Terror detainee
{{Infobox War on Terror detainee
| name = Musab Omar Ali al Madoonee
| name = Musab Omar Ali Al Mudwani
| image = ISN 839.jpg
| image = ISN 839.jpg
| image_size =
| image_size =
| caption =
| caption =
| birth_date = {{birth year and age|1980}}<ref>https://www.prs.mil/Portals/60/Documents/ISN839/20160310_U_ISN_839_GOVERNMENTS_UNCLASSIFIED_SUMMARY_PUBLIC.pdf {{Bare URL PDF|date=March 2022}}</ref>
| birth_date = {{Birth year and age|1980}}
| birth_place = [[Al-Hudida, Yemen|Al-Hudida]], Yemen
| birth_place = [[Al-Hudaydah]], [[Yemen]]
| death_date =
| death_date =
| date_of_arrest = 2002-09-11
| date_of_arrest = 2002-09-11
Line 13: Line 13:
| id_number = 839
| id_number = 839
| group =
| group =
| alias = Musab Omar Ali al Mudwani<br>Musab Omarali al Mudwani
| alias = Musab Omar Ali al Mudwani<br />Musab Omarali al Mudwani
| charge =
| charge =
| penalty =
| penalty =
Line 22: Line 22:
| children =
| children =
}}
}}
'''Musab Omar Ali al Madoonee''' is a citizen of [[Yemen]] who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s, in [[Cuba]].<ref name=DoDList2/>
'''Musab Omar Ali Al Mudwani''' is a citizen of [[Yemen]] who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s, in [[Cuba]].<ref name=DoDList2/>


[[Joint Task Force Guantanamo]] analysts estimate Al Madoonee was born in 1980, [[Al-Hudida, Yemen|Al-Hudida]], Yemen.
[[Joint Task Force Guantanamo]] analysts estimate Al Madoonee was born in 1980, [[Al-Hudaydah]], Yemen.


The [[United States Senate]] [[United States Senate Intelligence Committee|Intelligence Committee]] report on [[CIA]] torture listed Al Mudwani as one of the individual held in the CIA's secret network of [[black sites]].<ref name=BostonGlobe2014-12-09/>
The [[United States Senate]] [[United States Senate Intelligence Committee|Intelligence Committee]] report on [[CIA]] torture listed Al Mudwani as one of the individual held in the CIA's secret network of [[black sites]].<ref name=BostonGlobe2014-12-09>
<ref name=BostonGlobe2014-12-09>
{{cite news
{{cite news
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| title = List of the 119 prisoners detained in CIA’s secret prisons program
| title = List of the 119 prisoners detained in CIA's secret prisons program
| publisher = [[Boston Globe]]
| publisher = [[Boston Globe]]
| author = Swati Shara
| author = Swati Shara
| date = 2014-12-09
| date = 2014-12-09
| archive-url = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| page =
| archive-date = 2014-12-13
| location =
| access-date = 2014-12-11
| archiveurl = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| url-status = dead
| archivedate = 2014-12-13
| accessdate = 2014-12-11
| deadurl = yes
| quote =
}}
}}
</ref>
</ref>
Musab al Mudwani was apprehended by a combined force of Pakistani security officials and a CIA [[black site]] team, on [[11 September 2002]]—the anniversary of al Qaeda's attack within the USA.
Musab Al Mudwani was apprehended by a combined force of Pakistani security officials and a CIA [[black site]] team, on September 11, 2002, the anniversary of al Qaeda's attack within the USA.
He and five other individuals spent slightly more than a month in CIA custody at [[the salt pit]], prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an [[al Qaeda sleeper cell]] they called the "[[Karachi Six]]".<ref name=Cns2016-06-30/><ref name=MiamiHeraldIndefiniteList/><ref name=MiamiHeraldIndefiniteListA/> However, that claim had quietly been dropped by his 2016 [[Periodic Review Board]] hearing. Mudwani was transferred to [[Oman]] on January 16, 2017.<ref>http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html</ref>
He and five other individuals spent slightly more than a month in CIA custody at [[the salt pit]], prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an [[al Qaeda sleeper cell]] they called the "[[Karachi Six]]".<ref name=Cns2016-06-30/><ref name=MiamiHeraldIndefiniteList/><ref name=MiamiHeraldIndefiniteListA/> However, that claim had been dropped by his 2016 [[Periodic Review Board]] hearing. Mudwani was transferred to [[Oman]] on January 16, 2017.<ref>{{cite web| url = http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html| url-status = dead| archive-url = https://web.archive.org/web/20170118032232/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html| archive-date = 2017-01-18| title = Victims of mistaken identity among the 10 sent from Guantánamo to Oman {{!}} Miami Herald| website = [[Miami Herald]]}}</ref>


==Official status reviews==
==Official status reviews==


Originally the [[George W. Bush|Bush]] [[United States President|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.<ref name=UsaToday20071011>
Originally, the [[George W. Bush|Bush]] [[United States President|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.<ref name=UsaToday20071011>
{{cite news
{{cite news
|url = https://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|url = https://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
Line 54: Line 50:
|publisher = [[USA Today]]
|publisher = [[USA Today]]
|date = 2007-10-11
|date = 2007-10-11
|archivedate = 2012-08-11
|archive-date = 2007-10-23
|archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11
|archive-url = https://web.archive.org/web/20071023220558/http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|deadurl = no
|url-status = live
|quote = 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.
|quote = 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.
|df =
}}
}}
</ref>
</ref>
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.
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===
===Office for the Administrative Review of Detained Enemy Combatants===
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|url = http://news.bbc.co.uk/2/hi/americas/1773140.stm
|url = http://news.bbc.co.uk/2/hi/americas/1773140.stm
|title = Q&A: What next for Guantanamo prisoners?
|title = Q&A: What next for Guantanamo prisoners?
|publisher = [[BBC News]]
|work = [[BBC News]]
|date = 2002-01-21
|date = 2002-01-21
|accessdate = 2008-11-24
|access-date = 2008-11-24
|archive-url = https://web.archive.org/web/20081123204530/http://news.bbc.co.uk/2/hi/americas/1773140.stm
|quote =
|archive-date = 23 November 2008
|archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24
|url-status = live
|archivedate = 24 November 2008
|deadurl = bot: unknown
|df =
}}
}}
</ref>
</ref>


Scholars at the [[Brookings Institution]], lead by [[Benjamin Wittes]], listed the captives still
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
held in Guantanamo in December 2008, according to whether their detention was justified by certain
common allegations:<ref name=Brookings2008-12-16>
common allegations:<ref name=Brookings2008-12-16>
{{cite news
{{cite web
|url = http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf
| url = https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
|title = The Current Detainee Population of Guantánamo: An Empirical Study
| title = The Current Detainee Population of Guantánamo: An Empirical Study
|publisher = [[The Brookings Institution]]
| publisher = [[The Brookings Institution]]
|date = 2008-12-16
| date = 2008-12-16
|author = [[Benjamin Wittes]], Zaathira Wyne
| author1 = Benjamin Wittes
| author-link = Benjamin Wittes
|accessdate = 2010-02-16
|deadurl = yes
| author2 = Zaathira Wyne
| access-date = 2010-02-16
|archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.brookings.edu%2F%7E%2Fmedia%2Fresearch%2Ffiles%2Freports%2F2008%2F12%2F16%2520detainees%2520wittes%2F1216_detainees_wittes.pdf&date=2012-06-22
| archive-url = https://web.archive.org/web/20170519100934/https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
|archivedate = 2012-06-22
| archive-date = 2017-05-19
|df =
| url-status = live
}}
}}

</ref>
</ref>


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===Habeas Corpus petition===
===Habeas Corpus petition===


Al Mudwani had a [[writ of habeas corpus]] filed on his behalf.<ref name=AndyWorthington2009-12-15/> Historian [[Andy Worthington]] reported that when his petition was finally considered, in December 2009, it was turned down, even though he had been a ''"model prisoner"''.
Al Mudwani had a [[writ of habeas corpus]] filed on his behalf.<ref name=AndyWorthington2009-12-15/> Historian [[Andy Worthington]] reported that when his petition was finally considered in December 2009, it was turned down, even though he had been a ''"model prisoner"''.


==References==
==References==
{{reflist|refs=
{{Reflist|refs=
<!-- <ref name=Npr2017-01-17>
<!-- <ref name=Npr2017-01-17>
{{cite news
{{cite news
Line 123: Line 116:
| page =
| page =
| location =
| location =
| accessdate = 2017-01-17
| access-date = 2017-01-17
| quote = The freed prisoners were not identified by name or nationality, though the Oman News Agency, citing the country's Foreign Ministry, reported that the 10 had arrived in the country on Monday for "temporary residence."
| quote = The freed prisoners were not identified by name or nationality, though the Oman News Agency, citing the country's Foreign Ministry, reported that the 10 had arrived in the country on Monday for "temporary residence."
}}
}}
Line 133: Line 126:
| title = U.S. sends 10 Guantánamo captives to Oman
| title = U.S. sends 10 Guantánamo captives to Oman
| publisher = [[Miami Herald]]
| publisher = [[Miami Herald]]
| author = [[Carol Rosenberg]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| date = 2017-01-16
| date = 2017-01-16
| archive-url = https://web.archive.org/web/20170117150202/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article126793529.html
| page =
| archive-date = 2017-01-17
| location =
| url-status = live
| archiveurl = https://web.archive.org/web/20170117150202/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article126793529.html
| archivedate = 2017-01-17
| deadurl = No
| quote = A Pentagon official who spoke on condition of anonymity confirmed that the transfer had taken place, downsizing the detainee population to 45. Neither Oman nor the official provided the identities of the 10 men who were sent there.
| quote = A Pentagon official who spoke on condition of anonymity confirmed that the transfer had taken place, downsizing the detainee population to 45. Neither Oman nor the official provided the identities of the 10 men who were sent there.
}}
}}
Line 149: Line 141:
| title = Victims of mistaken identity among the 10 sent from Guantánamo to Oman
| title = Victims of mistaken identity among the 10 sent from Guantánamo to Oman
| publisher = [[Miami Herald]]
| publisher = [[Miami Herald]]
| author = [[Carol Rosenberg]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| date = 2017-01-16
| date = 2017-01-16
| archive-url = https://web.archive.org/web/20170118032232/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html
| page =
| archive-date = 2017-01-18
| location =
| url-status = live
| archiveurl = https://web.archive.org/web/20170118032232/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html
| archivedate = 2017-01-18
| deadurl = No
| quote = A Pentagon statement did not explain why the Department of Defense chose to wait to identify the 10 men for more than a day after the Sultanate of Oman announced it had taken them in as “temporary” residents “in consideration to their humanitarian situation.”
| quote = A Pentagon statement did not explain why the Department of Defense chose to wait to identify the 10 men for more than a day after the Sultanate of Oman announced it had taken them in as “temporary” residents “in consideration to their humanitarian situation.”
}}
}}
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{{cite news
{{cite news
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| title = List of the 119 prisoners detained in CIA’s secret prisons program
| title = List of the 119 prisoners detained in CIA's secret prisons program
| publisher = [[Boston Globe]]
| publisher = [[Boston Globe]]
| author = Swati Shara
| author = Swati Shara
| date = 2014-12-09
| date = 2014-12-09
| archive-url = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| page =
| archive-date = 2014-12-13
| location =
| access-date = 2014-12-11
| archiveurl = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| url-status = dead
| archivedate = 2014-12-13
| accessdate = 2014-12-11
| deadurl = yes
| quote =
}}
}}
</ref>
</ref>
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| title = Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3)
| title = Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3)
| publisher =
| publisher =
| author = [[Andy Worthington]]
| author = Andy Worthington
| author-link = Andy Worthington
| date = 2010-10-13
| date = 2010-10-13
| accessdate = 2016-12-07
| access-date = 2016-12-07
| quote =
| quote =
}}
}}
Line 192: Line 181:
{{cite web
{{cite web
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| format=PDF
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| author=[[OARDEC]]
| author=OARDEC
| author-link=OARDEC
| publisher=[[United States Department of Defense]]
| publisher=[[United States Department of Defense]]
| archiveurl= https://web.archive.org/web/20070930184034/http://www.dod.mil/news/May2006/d20060515%20List.pdf
| archive-url= https://web.archive.org/web/20070930184034/http://www.dod.mil/news/May2006/d20060515%20List.pdf
| archivedate= 2007-09-30
| archive-date= 2007-09-30
| deadurl= no
| url-status= live
| accessdate=2006-05-15
| access-date=2006-05-15
| quote=
}}
}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
Line 212: Line 200:
|publisher = [[Courthouse News Service]]
|publisher = [[Courthouse News Service]]
|date = 2016-06-30
|date = 2016-06-30
|accessdate = 2016-07-06
|access-date = 2016-07-06
|archiveurl = https://web.archive.org/web/20160702152330/http://www.courthousenews.com/2016/06/30/big-brother-figure-makes-case-for-gitmo-release.htm
|archive-url = https://web.archive.org/web/20160702152330/http://www.courthousenews.com/2016/06/30/big-brother-figure-makes-case-for-gitmo-release.htm
|archivedate = 2016-07-02
|archive-date = 2016-07-02
|deadurl = yes
|url-status = dead
|quote = Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
|quote = Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
|df =
}}
}}
</ref>
</ref>
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| url = http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| url = http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| title = FOAI suit reveals Guantanamo's 'indefinite detainees'
| title = FOAI suit reveals Guantanamo's 'indefinite detainees'
| author = [[Carol Rosenberg]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| publisher = [[Miami Herald]]
| publisher = [[Miami Herald]]
| date = 2013-06-17
| date = 2013-06-17
| archiveurl = https://web.archive.org/web/20141121112441/http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| archive-url = https://web.archive.org/web/20141121112441/http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| archivedate = 2014-11-21
| archive-date = 2014-11-21
| deadurl = no
| url-status = live
| accessdate = 2016-08-18
| access-date = 2016-08-18
| quote = The Miami Herald’s Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
| quote = The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
}}
}}
</ref>
</ref>
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{{cite news
{{cite news
| url = http://www.miamiherald.com/latest-news/article1952554.html
| url = http://www.miamiherald.com/latest-news/article1952554.html
| title = List of ‘indefinite detainees’
| title = List of 'indefinite detainees'
| author = [[Carol Rosenberg]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| publisher = [[Miami Herald]]
| publisher = [[Miami Herald]]
| date = 2013-06-17
| date = 2013-06-17
| archiveurl = https://web.archive.org/web/20160411101449/http://www.miamiherald.com/latest-news/article1952554.html
| archive-url = https://web.archive.org/web/20160411101449/http://www.miamiherald.com/latest-news/article1952554.html
| archivedate = 2016-04-11
| archive-date = 2016-04-11
| deadurl = no
| url-status = live
| accessdate = 2016-08-18
| access-date = 2016-08-18
}}
}}
</ref>
</ref>
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| title = "Model Prisoner" at Guantánamo, Tortured in the "Dark Prison," Loses Habeas Corpus Petition
| title = "Model Prisoner" at Guantánamo, Tortured in the "Dark Prison," Loses Habeas Corpus Petition
| publisher =
| publisher =
| author = [[Andy Worthington]]
| author = Andy Worthington
| author-link = Andy Worthington
| date = 2009-12-15
| date = 2009-12-15
| accessdate = 2016-12-07
| access-date = 2016-12-07
| quote =
| quote =
}}
}}
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{{WoTPrisoners}}
{{WoTPrisoners}}


{{DEFAULTSORT:Musab Omar Ali Mudwani}}
{{DEFAULTSORT:Mudwani, Musab Omar Ali}}
[[Category:Yemeni extrajudicial prisoners of the United States]]
[[Category:Yemeni extrajudicial prisoners of the United States]]
[[Category:People held at the Guantanamo Bay detention camp]]
[[Category:Detainees of the Guantanamo Bay detention camp]]
[[Category:Living people]]
[[Category:Living people]]
[[Category:1980 births]]
[[Category:1980 births]]

Latest revision as of 21:26, 10 March 2023

Musab Omar Ali Al Mudwani
Born1980 (age 43–44)[1]
Al-Hudaydah, Yemen
Arrested2002-09-11
Karachi
Pakistani security officials, CIA
Detained at Dark prison, Guantanamo
Other name(s) Musab Omar Ali al Mudwani
Musab Omarali al Mudwani
ISN839
StatusTransferred to Oman on January 16, 2017

Musab Omar Ali Al Mudwani is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[2]

Joint Task Force Guantanamo analysts estimate Al Madoonee was born in 1980, Al-Hudaydah, Yemen.

The United States Senate Intelligence Committee report on CIA torture listed Al Mudwani as one of the individual held in the CIA's secret network of black sites.[3] Musab Al Mudwani was apprehended by a combined force of Pakistani security officials and a CIA black site team, on September 11, 2002, the anniversary of al Qaeda's attack within the USA. He and five other individuals spent slightly more than a month in CIA custody at the salt pit, prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an al Qaeda sleeper cell they called the "Karachi Six".[4][5][6] However, that claim had been dropped by his 2016 Periodic Review Board hearing. Mudwani was transferred to Oman on January 16, 2017.[7]

Official status reviews

[edit]

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.[8] 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

[edit]
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.[9][10]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[8][11]

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:[12]

  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[12]
  • Musab Omar Ali Al Mudwani 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."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who was an "al Qaeda operative".[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "deny affiliation with Al Qaeda or the Taliban yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban."[12]

Habeas Corpus petition

[edit]

Al Mudwani had a writ of habeas corpus filed on his behalf.[13] Historian Andy Worthington reported that when his petition was finally considered in December 2009, it was turned down, even though he had been a "model prisoner".

References

[edit]
  1. ^ https://www.prs.mil/Portals/60/Documents/ISN839/20160310_U_ISN_839_GOVERNMENTS_UNCLASSIFIED_SUMMARY_PUBLIC.pdf [bare URL PDF]
  2. ^ OARDEC. "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. Archived (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. 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
  3. ^ Swati Shara (2014-12-09). "List of the 119 prisoners detained in CIA's secret prisons program". Boston Globe. Archived from the original on 2014-12-13. Retrieved 2014-12-11.
  4. ^ Britain Eakin (2016-06-30). "Big-Brother Figure Makes Case for Gitmo Release". Courthouse News Service. Archived from the original on 2016-07-02. Retrieved 2016-07-06. Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
  5. ^ Carol Rosenberg (2013-06-17). "List of 'indefinite detainees'". Miami Herald. Archived from the original on 2016-04-11. Retrieved 2016-08-18.
  6. ^ Carol Rosenberg (2013-06-17). "FOAI suit reveals Guantanamo's 'indefinite detainees'". Miami Herald. Archived from the original on 2014-11-21. Retrieved 2016-08-18. The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
  7. ^ "Victims of mistaken identity among the 10 sent from Guantánamo to Oman | Miami Herald". Miami Herald. Archived from the original on 2017-01-18.
  8. ^ 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.
  9. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  10. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  11. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
  12. ^ a b c d e f g h i 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.
  13. ^ Andy Worthington (2009-12-15). ""Model Prisoner" at Guantánamo, Tortured in the "Dark Prison," Loses Habeas Corpus Petition". Retrieved 2016-12-07.