Sami Abdul Aziz Salim Allaithy Alkinani (born October 28, 1956) is a citizen of
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Med ...
who was held in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
Guantanamo Bay detention 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 ...
.
[
]
His Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts.
History
On March 3, 2006, in compliance with a court order from D ...
was 287.
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 h ...
counter-terrorism
Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that Government, governments, law enforcement, business, and Intelligence agency, intellig ...
analysts reported that he was born on October 28, 1956, in Shubrakass
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Med ...
.
Sami Abdul Aziz Salim Allaithy was transferred to Egypt on September 30, 2005.
Background
Prior to the
Invasion of Afghanistan, Al Laithi was teaching English and Arabic at
Kabul University
Kabul University (KU; prs, دانشگاه کابل, translit= Dāneshgāh-e-Kābul; ps, د کابل پوهنتون, translit=Da Kābul Pohantūn) is one of the major and oldest institutions of higher education in Afghanistan. It is in the 3rd ...
.
During his stay at Camp Delta, Al Laithi was rendered a paraplegic.
[Guantanamo Detainee Says Beating Injured Spine]
''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 ...
'', August 13, 2005 Al Laithi said shortly after his arrival in Cuba, during a beating administered in the prison hospital, a guard threw him on the floor, and stomped on his back. He says that he has been in constant pain ever since.
Al Laithi says 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 becoming crippled.
Al Laithi is one of the small percentage of
Guantanamo detainees who, during his
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 ...
, was determined not to have been an "
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
" after all.
Al Laithi has a long record of criticism of the Egyptian government. He does not wish the Americans to return him to Egypt, now that they have determined that he has no ties to terrorism. As of September 2005, he remained confined to Camp Delta.
Al Laithi's 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 the death penalty in the United States of America. He worked to overturn death sentences for convicts, and h ...
, has asked for Al Laithi to get medical care for his injuries, for the release of his prison medical records, and for him to be released from solitary confinement. Al Lathi remained in solitary confinement, after he had been determined to have been an innocent bystander, unlike the detainees who had been determined to have been
Chinese
Chinese can refer to:
* Something related to China
* Chinese people, people of Chinese nationality, citizenship, and/or ethnicity
**''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation
** List of ethnic groups in China, people of v ...
dissidents, who were housed in the more amenable
Camp Iguana
Camp Iguana is a small compound in the detention camp complex on the US Naval base at Guantánamo Bay, Cuba. Camp Iguana originally held three child detainees, who camp spokesmen then claimed were the only detainees under age 16 (the age at whi ...
.
Combatant Status Review
The
Bush administration asserted that:
the protections of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
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.[ ]
mirror
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 Geneva Con ...
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 branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secu ...
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 esta ...
s (CSRTs), to determine whether detainees met the new definition of an "
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
".
"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 ...
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".
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 ...
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".
's 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 out ...
from
Jed Rakoff
Jed Saul Rakoff (born August 1, 1943) is a Senior United States district judge of the United States District Court for the Southern District of New York.
Education
Rakoff was born in Philadelphia, Pennsylvania on August 1, 1943. He grew up ...
the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
published a seven-page summarized transcript from his Combatant Status Review Tribunal.
[
]
Allegations as read aloud during his Tribunal
The allegations, as read aloud during his Tribunal, differed markedly from those recorded on his Summary of Evidence memo:
Determined not to have been an Enemy Combatant
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 ...
reports that Al Laithy was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.
The Department of Defense refers to these men as
No Longer Enemy Combatants
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 of ...
.
habeas corpus petitions
At least three separate writs of
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 ...
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, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
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 life ...
, Kennedy and Leon considered his detention as part of three separate habeas cases:
Mohammon v. Bush
In United States law, ''habeas corpus'' is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base ...
,
Sliti v. Bush and
Aziz v. Bush.
He was identified as "Alla Al Mossary", "Abdul Aziz Al Mossary" and "Abu Abdul Aziz". on those 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 executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secur ...
published 179 dossiers in response to captives' habeas petitions.
[
]
But they did not publish his.
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 esta ...
.
However, on October 5, 2005, a
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 ...
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:
Al Laithi was interviewed by a reporter for
Al Ahram
''Al-Ahram'' ( ar, الأهرام; ''The Pyramids''), founded on 5 August 1875, is the most widely circulating Egyptian daily newspaper, and the second oldest after '' al-Waqa'i`al-Masriya'' (''The Egyptian Events'', founded 1828). It is majori ...
on October 26, 2005.
[Deep Wounds]
, ''Al Ahram
''Al-Ahram'' ( ar, الأهرام; ''The Pyramids''), founded on 5 August 1875, is the most widely circulating Egyptian daily newspaper, and the second oldest after '' al-Waqa'i`al-Masriya'' (''The Egyptian Events'', founded 1828). It is majori ...
'', October 26, 2005
In his interview he said that before he was repatriated to Egypt he was sent, briefly, to an American hospital, for an assessment. 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. They say it was the result of a traffic accident, before his detention. Al Laithi continues to claim the loss was due to brutal treatment while in custody. He claims the records are a forgery.
Guantanamo medical records
On March 16, 2007, the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
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—too low for health.
The record states he refused to be weighed on the missing months in 2004 and 2005.
[
No explanation is provided as to why no weights were recorded for 2002 and 2003.
]
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 Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was est ...
, 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