Sabir Mahfouz Lahmar (born May 22, 1969) is a
Bosnia
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
n citizen, who won his
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petition in United States federal court after being held for eight years and eight months in the military
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
Sabir Mahfouz Lahmar was captured in Bosnia and Herzegovina in January 2002, after being cleared of suspicion by the Bosnian Supreme Court, and arrived in Guantanamo on January 21, 2002.
[
] In 2009, he was released from Guantanamo after France agreed to accept him. He was transported there on November 30, 2009, and lives in
Bordeaux
Bordeaux ( , ; Gascon oc, Bordèu ; eu, Bordele; it, Bordò; es, Burdeos) is a port city on the river Garonne in the Gironde department, Southwestern France. It is the capital of the Nouvelle-Aquitaine region, as well as the prefecture ...
.
Life before arrest
Sabir Mahfouz Lahmar was born and raised in an Islamic family in
Constantine, Algeria
Constantine ( ar, قسنطينة '), also spelled Qacentina or Kasantina, is the capital of Constantine Province in northeastern Algeria. During Roman times it was called Cirta and was renamed "Constantina" in honor of emperor Constantine the Gre ...
. He graduated from the
Islamic University of Madinah
The Islamic University of Madinah ( ar, الجامعة الإسلامية بالمدينة المنورة) was founded by the government of Saudi Arabia by a royal decree in 1961 in the Islamic holy city of Medina. Many have associated the uni ...
.
Lahmar worked for the
Saudi High Commission for Relief of Bosnia and Herzegovina, an aid organisation shut down in October 2001 for alleged support of Islamist terrorism.
Combatant Status Review
Lahmar was among the 60% of prisoners who chose to participate in tribunal hearings. A
Summary of Evidence memo was prepared for the tribunal of each detainee.
Lahmar's memo accused him of the following:
Administrative Review Board
Detainees whose
Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
labeled them "enemy combatants" were scheduled for annual
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba.
The purpose of the Board is to ...
hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.
Lahmar chose to participate in his Administrative Review Board hearing.
Habeas corpus and release
Lahmar was one of
six Algerian nationals whose petitions for habeas corpus reached the United States Supreme Court. In 2008 it ruled on them together under ''
Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by t ...
'', deciding that detainees and foreign nationals were covered by constitutional protections allowing them to sue for habeas corpus. The Bush administration had contended that detainees at Guantanamo had no rights under the constitution. The cases were referred to US District Court for review.
US District Court Judge
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
Richard Leon ruled in September 2008 on Saber's
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petition.
He concluded that there was no evidence to support classifying him as an "enemy combatant", and that he should be released. He made the same ruling for four other Bosnians of Algerian descent.
Lahmar was transferred to French territory for release on November 30, 2009.
Noting that Lahmar would "finally begin to live a normal life again", the French foreign ministry pledged to help re-integrate him into society.
[ In its coverage of his release the '']Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large na ...
'' noted that Leon's September 2008 ruling had ordered his release ''"forthwith"''.
Three other men were transferred when Lahmar was released. A Palestinian captive was transferred to Hungary. His name was not released, and authorities did not report whether he was being detained in Hungarian custody or set free. Two Tunisian captives, Adel Ben Mabrouk
Adel Ben Mabrouk is a citizen of Tunisia who was held in extrajudicial detention at the United States' Guantanamo Bay detainment camps, in Cuba, from March 2002 to November 2009. Mabrouk had outstanding warrants in Italy, and shortly after his ar ...
, and Mohamed Ben Riadh Nasri The United States Department of Defense acknowledges holding Tunisian detainees in Guantanamo.
A total of 779 detainees have been held in extrajudicial detention in the Guantanamo Bay detention camps, in Cuba since the camps opened on January ...
, were transferred to the custody of Italy.
Later life
Lahmar was arrested in Bordeaux
Bordeaux ( , ; Gascon oc, Bordèu ; eu, Bordele; it, Bordò; es, Burdeos) is a port city on the river Garonne in the Gironde department, Southwestern France. It is the capital of the Nouvelle-Aquitaine region, as well as the prefecture ...
in May 2017. He was suspected to be a member of an alleged ISIL
An Islamic state is a state that has a form of government based on Islamic law (sharia). As a term, it has been used to describe various historical polities and theories of governance in the Islamic world. As a translation of the Arabic term ...
recruiting network.
References
External links
*
{{DEFAULTSORT:Lahmar, Sabir Mahfouz
1969 births
Living people
Algerian emigrants to Bosnia and Herzegovina
People from Constantine, Algeria
Guantanamo detainees known to have been released
People subject to extraordinary rendition by the United States
Combatant Status Review Tribunals
Bosnia and Herzegovina people of Algerian descent
Islamic University of Madinah alumni