Sami Abdul Aziz Salim Allaithy
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Sami Abdul Aziz Salim Allaithy Alkinani (born October 28, 1956) is an
Egyptian ''Egyptian'' describes something of, from, or related to Egypt. Egyptian or Egyptians may refer to: Nations and ethnic groups * Egyptians, a national group in North Africa ** Egyptian culture, a complex and stable culture with thousands of year ...
professor who was held in the
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 ...
s, 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 ...
. His Guantanamo Internment Serial Number was 287. Analysts reported that he was born on October 28, 1956, in Shubrakass
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
. He was repatriated to Egypt on September 30, 2005. He was later classified by the
United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...
as a
no longer enemy combatant No Longer Enemy Combatant (NLEC) is a term used by the U.S. military for a group of 38 Guantanamo detainees whose Combatant Status Review Tribunal (CSRT) determined they were not " enemy combatants". None of them were released right away. Ten ...
.


Background

Prior to the
Invasion of Afghanistan Shortly after the September 11 attacks in 2001, the United States declared the war on terror and subsequently led a multinational military operation against Taliban-ruled Afghanistan. The stated goal was to dismantle al-Qaeda, which had exe ...
, he was a professor teaching English and Arabic at
Kabul University Kabul University (KU; ) is one of the major and oldest institutions of higher education in Afghanistan. It is in the 3rd District of the capital Kabul near the Ministry of Higher Education. It was founded in 1931 by King Mohammed Nadir Shah, wh ...
.


Combatant Status Review

The Bush administration asserted that:
the protections of the
Geneva Conventions upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
did not extend to captured prisoners who are not members of the regular Afghan armed force nor meet the criteria for prisoner of war for voluntary forces.
Critics argued the Conventions obliged the U.S. to conduct
competent tribunal Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states: ICRC commentary on competent tribunals The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Gene ...
s to determine the status of prisoners. Subsequently, the
U.S. Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, t ...
instituted
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 establi ...
s (CSRTs), to determine whether detainees met the new definition of an "
enemy combatant Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of t ...
". "Enemy combatant" was defined by the U.S. Department of Defense as:
an individual who was part of, or supporting, the Taliban, or al-Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who commits a belligerent act or has directly supported hostilities in aid of enemy armed forces.
The CSRTs are not bound by the
rules of evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fa ...
that would normally apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.” From July 2004 through March 2005, CSRTs were convened to determine whether each prisoner had been correctly classified as an "enemy combatant". He was among the 60% of prisoners who chose to participate in tribunal hearings.
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 ...

Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005
, September 4, 2007
A Summary of Evidence memo was prepared for the tribunal of each detainee, listing the allegations that supported their detention as an "enemy combatant". The memo accused him of the following: On March 3, 2006, in response to a
court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...
from
Jed Rakoff Jed Saul Rakoff (born August 1, 1943) is an American lawyer and jurist serving as a senior United States district judge of the U.S. District Court for the Southern District of New York. He was appointed in 1996 by President Bill Clinton. Early ...
the
Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
published a seven-page summarized transcript from his Combatant Status Review Tribunal.


Tribunal Allegations

The allegations, as read aloud during his Tribunal, differed markedly from those recorded on his Summary of Evidence memo:


Habeas corpus petitions

At least three separate writs of
habeas corpus ''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 ...
were filed on his behalf.
US District Court 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. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
Judges
Reggie Walton Reggie Barnett Walton (born February 8, 1949) is a senior United States district judge of the United States District Court for the District of Columbia. He is a former presiding judge of the Foreign Intelligence Surveillance Court. Early li ...
, Kennedy and Leon considered his detention as part of three separate habeas cases: Mohammon v. Bush, Sliti v. Bush and Aziz v. Bush. He was identified as "Alla Al Mossary", "Abdul Aziz Al Mossary" and "Abu Abdul Aziz". on three separate habeas petitions. In September 2007, the
United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...
published 179 dossiers in response to captives' habeas petitions however his was not published.


Guantanamo medical records

On March 16, 2007, the
Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
published records of the captives' height and weights. Most captives' weights were recorded regularly. Sami al Laithy's weight was recorded just seven times—once in February 2002, then in March, April, May, June, September, October 2004, and finally in May 2005. Al Laithy's height was reported as 72 inches, putting the healthy range of weight for him between 136.4 and 183.6. His weight on arrival was 152 pounds. The five weights recorded in 2004 ranged from 137 to 140 pounds. His final weigh-in was 130 pounds. The record states he refused to be weighed on the missing months in 2004 and 2005 with no explanation is provided as to why no weights were recorded for 2002 and 2003.


Allegations of abuse during captivity

During his stay at Camp Delta, Al Laithi was rendered a paraplegic. * Shortly after his arrival to Guantanamo, during a beating administered in the prison hospital, a guard threw him on the floor, and stomped on his back. He cites constant pain ever since. ** The beating crushed two of his vertebrae, confining him to a wheelchair. He says he believes that the prison authorities denied him medical care that would have prevented him from eventually becoming paralyzed. * His lawyer,
Clive Stafford Smith Clive Adrian Stafford Smith (born 9 July 1959) is a British attorney who specialises in the areas of civil rights and working against capital punishment in the United States. He worked to overturn death sentences for convicts, and helped foun ...
, requested for Al Laithi to receive medical care for his injuries, to release of his prison medical records, and for him to be released from solitary confinement. Al Lathi remained in
solitary confinement Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
, after he had been determined to have been an innocent bystander, unlike the detainees who had been determined to have been
Chinese Chinese may refer to: * Something related to China * Chinese people, people identified with China, through nationality, citizenship, and/or ethnicity **Han Chinese, East Asian ethnic group native to China. **'' Zhonghua minzu'', the supra-ethnic ...
dissidents, who were housed in the more amenable
Camp Iguana Camp Iguana is a small compound in the Guantanamo Bay detention camp, detention camp complex on the United States Navy, US Naval base at Guantánamo Bay, Cuba. Camp Iguana originally held three child detainees, who camp spokesmen then claimed w ...
.


Repatriation to Egypt

In early October, American authorities announced that they had repatriated an Egyptian national back to his home country. Press reports quoted American authorities as saying that the Egyptian had been determined to no longer pose a security threat through an "Administrative Review"—the follow-on to the
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 establi ...
. However, on October 5, 2005, a
Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
article positively identified the Egyptian being repatriated as Al Laithi. The Post quoted Commander Flex Plexico, who said:
"Prior to returning this detainee to Egypt, the United States received appropriate assurances from the government of Egypt regarding this detainee's treatment upon his return to Egypt. This includes assurances that this individual will continue to be treated humanely, in accordance with Egyptian and international legal obligations, while he remains in Egypt," Plexico said.
According to the article Pentagon spokesmen claimed: In an interview by a reporter for
Al Ahram ''Al-Ahram'' (; ), founded on 5 August 1876, is the most widely circulating Egyptian daily newspaper, and the second-oldest after '' Al-Waqa'i' al-Misriyya'' (''The Egyptian Events'', founded 1828). It is majority owned by the Egyptian governm ...
in 2005, he said that before he was repatriated to Egypt he was sent, briefly, to an American hospital, for an assessment. Deep Wounds
, ''
Al Ahram ''Al-Ahram'' (; ), founded on 5 August 1876, is the most widely circulating Egyptian daily newspaper, and the second-oldest after '' Al-Waqa'i' al-Misriyya'' (''The Egyptian Events'', founded 1828). It is majority owned by the Egyptian governm ...
'', October 26, 2005
He reports that the medical records he was given, upon his repatriation, say the loss of the use of his legs was progressive, not sudden. The records allege that it was the result of a traffic accident, prior to his detention. He continues to refute the claim and asserts that the loss was due to brutal treatment while in custody and that records are a forgery. Due to his a long record of criticism of the Egyptian government and did not wish to return to Egypt.


References


External links


Report on Torture, Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantánamo Bay, Cuba. (Allaithy)US says Egypt vows to treat Guantanamo inmate well
Reuters Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency ...
, October 3, 2005
Guantanamo detainee says guards enjoyed torture
Daily Star, October 10, 2005
Guantanamo Detainee Says Beating Injured Spine
{{DEFAULTSORT:Allaithy, Sami Abdul Aziz Salim Living people 1956 births Guantanamo detainees known to have been released Egyptian activists Egyptian extrajudicial prisoners of the United States