Adel Hassan Hamad
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Adel Hassan Hamad is a citizen of
Sudan Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. It borders the Central African Republic to the southwest, Chad to the west, Libya to the northwest, Egypt to the north, the Red Sea to the east, Eritrea and Ethiopi ...
, who was held in the United States
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
, in
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
.
Joint Task Force Guantanamo Joint Task Force Guantanamo (JTF-GTMO) is a U.S. military joint task force based at Guantanamo Bay Naval Base, Guantánamo Bay, Cuba on the southeastern end of the base. JTF-GTMO falls under US Southern Command. Since January 2002 the command ...
counter-terrorism Counterterrorism (alternatively spelled: counter-terrorism), also known as anti-terrorism, relates to the practices, military tactics, techniques, and strategies that governments, law enforcement, businesses, and intelligence agencies use to co ...
analysts estimate he was born in 1958, in
Port Sudan Port Sudan (, Beja: ) is a port city on the Red Sea in eastern Sudan, and the capital of Red Sea State. Port Sudan is Sudan's main seaport and the source of 90% of the country's international trade. The population of Port Sudan was estimated in ...
, Sudan. Adel Hassan was repatriated to Sudan without charges on December 12, 2007.


Representing Adel: The Case of Guantanamo Detainee 940

William Teesdale, a
Portland, Oregon Portland ( ) is the List of cities in Oregon, most populous city in the U.S. state of Oregon, located in the Pacific Northwest region. Situated close to northwest Oregon at the confluence of the Willamette River, Willamette and Columbia River, ...
public defender, who is part of a team defending several
Guantanamo captives The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
, wrote a description of his team's work representing Adel. 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. 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 ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
cases. All of our cases are presently stayed pending resolution of this issue."''


Habeas corpus

On October 5, 2007 the lawyers for Adel Hassan Hamad filed an
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
from an officer who had served with
OARDEC The Office for the Administrative Review of the Detention of Enemy Combatants, established in 2004 by the Bush administration's Deputy Secretary of Defense Paul Wolfowitz, is a United States military body responsible for organising Combatant S ...
who had criticisms of the process. 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. ''
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'' reports that the unnamed officer is a Major, who participated in meetings with the admiral in charge of
OARDEC The Office for the Administrative Review of the Detention of Enemy Combatants, established in 2004 by the Bush administration's Deputy Secretary of Defense Paul Wolfowitz, is a United States military body responsible for organising Combatant S ...
to discuss six instances where Tribunals that had determined captives were innocent had those determinations reversed by extraordinary second Tribunals. ''
CBS News CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
'' 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 Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khali, were released from Guantanamo on December 29, 2013, and lat ...
were not enemy combatants, when other Tribunals determined they were, even though the Uyghurs cases were so similar. James R. Crisfield, the Legal Advisor who reviewed Tribunal determinations for " legal sufficiency" commented on the reasoning of the "dissenting Tribunal member":


Release

He and fellow Sudanese
Salim Mahmud Adam The United States Department of Defense acknowledges holding twelve Sudanese captives in Guantanamo. A total of 779 captives have been held in extrajudicial detention in the Guantanamo Bay detention camps, in Cuba since the camps opened on January ...
were repatriated on December 13, 2007.


Lawsuit

On May 14, 2008 the ''
Daily Times ''Daily Times'' may refer to the following national newspapers: * ''Daily Times'' (Nigeria), newspaper published in Nigeria * ''Daily Times'' (Pakistan), newspaper published in Pakistan ''The Daily Times'' may refer to the following newspapers: * ...
'' of Pakistan reported that "Salim Mahmud Adam" and "Adel Hasan Hamad" had announced plans to sue the United States government over their detention. 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 Seattle ( ) is the most populous city in the U.S. state of Washington and in the Pacific Northwest region of North America. With a population of 780,995 in 2024, it is the 18th-most populous city in the United States. The city is the cou ...
in April, 2010. His case was bolstered by an affidavit from Colonel
Lawrence Wilkerson Lawrence B. Wilkerson (born June 15, 1945) is a retired United States Army Colonel and former chief of staff to United States Secretary of State Colin Powell. Since the end of his military career, Wilkerson has criticized many aspects of the Iraq ...
, a former aide to Secretary of State
Colin Powell Colin Luther Powell ( ; – ) was an Americans, American diplomat, and army officer who was the 65th United States secretary of state from 2001 to 2005. He was the first African-American to hold the office. He was the 15th National Security ...
, who stated that top U.S. officials, including
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
,
Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...
, and
Donald Rumsfeld Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
, 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.


Family

Hamad had daughter who was born after his arrest and who died before his release for lack of medical care.


See also

*
Bagram torture and prisoner abuse In 2005, ''The New York Times'' obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghans, Afghan prisoners by Military of the United States, U.S. military personnel in December 2002 at ...


References


Further reading

*


External links


Adel Hassan Hamad's Guantanamo detainee assessment via Wikileaks
* video
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


* ttp://www.antiwar.com/orig/worthington.php?articleid=12063 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
* {{DEFAULTSORT:Hamad, Adel 1958 births Bagram Theater Internment Facility detainees Living people Guantanamo detainees known to have been released Sudanese extrajudicial prisoners of the United States People from Port Sudan Sudanese hospital administrators American people of Sudanese descent