Yasin Qasem Muhammad Ismail
   HOME

TheInfoList



OR:

Yasin Qasem Muhammad Ismail () is a
Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
i held in
extrajudicial detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
Guantanamo Bay detainment 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 is 522.
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 1979, in
Ibb Ibb () is a city in Yemen, the capital of Ibb Governorate, located about northeast of Mocha and south of Sana'a. A market town and administrative centre developed during the Ottoman Empire, it is one of the most important medium-sized cities i ...
,
Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
. Ismail arrived in Guantanamo on May 20, 2002, and was held for nearly 15 years. He was cleared for release in December 2016 and transferred to the
United Arab Emirates The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...
in January 2017.


Inconsistent identification

The ''
Yemen Times The ''Yemen Times'' () was an independent English-language newspaper in Yemen. The paper was published twice weekly. History 1990–1999 The ''Yemen Times'' was founded in 1990 by Abdulaziz al-Saqqaf, an economics professor at Sanaa Univer ...
'' reported, on March 11, 2007, that a Yemeni named Sadeq Mohammed Ismail, who was also born in
Ibb Ibb () is a city in Yemen, the capital of Ibb Governorate, located about northeast of Mocha and south of Sana'a. A market town and administrative centre developed during the Ottoman Empire, it is one of the most important medium-sized cities i ...
, was on the list of Yemenis who had been cleared for release. The official list does not include a captive named Sadeq Mohammed Ismail. It does include two detainees whose names are near matches: * Sadeq Muhammad Sa'id Ismail's name might be a closer match, but he is from Jabal Haimain, not
Ibb Ibb () is a city in Yemen, the capital of Ibb Governorate, located about northeast of Mocha and south of Sana'a. A market town and administrative centre developed during the Ottoman Empire, it is one of the most important medium-sized cities i ...
. * Yasin Qasem Muhammad Ismail is from
Ibb Ibb () is a city in Yemen, the capital of Ibb Governorate, located about northeast of Mocha and south of Sana'a. A market town and administrative centre developed during the Ottoman Empire, it is one of the most important medium-sized cities i ...
, but his name is not as close a match.


Official status reviews

Originally the Bush
Presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified b ...
asserted that captives apprehended in the ''" war on terror"'' were not covered by 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 ...
, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. In 2004, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
ruled, in
Rasul v. Bush ''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corp ...
, 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

Following the Supreme Court's ruling 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, ...
set up the
Office for the Administrative Review of Detained Enemy Combatants 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 ...
. Scholars at the
Brookings Institution The Brookings Institution, often stylized as Brookings, is an American think tank that conducts research and education in the social sciences, primarily in economics (and tax policy), metropolitan policy, governance, foreign policy, global econo ...
, led by
Benjamin Wittes Benjamin Wittes (born November 5, 1969) is an American legal journalist. He is editor in chief of '' Lawfare'' and senior fellow in governance studies at The Brookings Institution, where he is the research director in public law, and co-director ...
, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations: * Yasin Qasem Muhammad Ismail was listed as one of the captives who ''"The military alleges ... are
associated with Al Qaeda Associated may refer to: *Associated, former name of Avon, Contra Costa County, California *Associated Hebrew Schools of Toronto, a school in Canada *Associated Newspapers, former name of DMG Media, a British publishing company See also *Associatio ...
."'' * Yasin Qasem Muhammad Ismail 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."'' * Yasin Qasem Muhammad Ismail was listed as one of the captives who ''"The military alleges ...
took military or terrorist training in Afghanistan Took is a variant of the English surname Tooke, originally found predominantly in the East Anglia region of the United Kingdom. The name Took may refer to: People *Barry Took (1928–2002), British comedian and television presenter *Steve Pere ...
."'' * Yasin Qasem Muhammad Ismail was listed as one of the captives who ''"The military alleges ...
were at Tora Bora ''Were'' and ''wer'' are archaic terms for adult male humans and were often used for alliteration with wife as "were and wife" in Germanic-speaking cultures (, , , , , , ). In Anglo-Saxon law ''wer'' was the value of a man's life. He could be ...
."'' * Yasin Qasem Muhammad Ismail was listed as one of the captives whose ''"
names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities A name is a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A person ...
."'' * Yasin Qasem Muhammad Ismail was listed as one of the captives who was a
foreign fighter A foreign fighter is someone who travels abroad to participate in a non-international armed conflict or fight for a country of which he or she is not a national. See also *French Foreign Legion * Spanish Foreign Legion * Portuguese Foreign Legion ...
. * Yasin Qasem Muhammad Ismail 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."'' * Yasin Qasem Muhammad Ismail was listed as one of the captives who had admitted ''"to training at Al Qaeda or Taliban camps"''. Ismail chose to participate in his Combatant Status Review Tribunal.Summarized transcripts (.pdf)
from Yasin Qasem Muhammad Ismail's ''
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 ...
'' - pages 84-89
During Ismail's first statement to 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 establi ...
he wrote: "I will talk with you as long as you guarantee me there will be no torture." Ismail said his prior confessions were lies - just to get the torture to stop.


Habeas corpus petition

Ismail had a
writ 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 ...
submitted on his behalf. After years of delay it was turned down in 2010.


Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization
WikiLeaks WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
published formerly secret assessments drafted by
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 ...
analysts. His 12-page Joint Task Force Guantanamo assessment was drafted on November 10, 2008. It was signed by camp commandant
Rear Admiral Rear admiral is a flag officer rank used by English-speaking navies. In most European navies, the equivalent rank is called counter admiral. Rear admiral is usually immediately senior to commodore and immediately below vice admiral. It is ...
David M. Thomas Jr. He recommended continued detention.


Incident of January 7, 2009

On February 23, 2009, the ''
Christian Science Monitor ''The Christian Science Monitor'' (''CSM''), commonly known as ''The Monitor'', is a nonprofit news organization that publishes daily articles both in electronic format and a weekly print edition. It was founded in 1908 as a daily newspaper b ...
'' reported on an incident that occurred on January 7, 2009, where camp authorities version conflicted with that of Ismail. Both camp authorities and Ismail agree that during his exercise period Ismail requested he be moved from his exercise pen, into a nearby empty exercise pen that was exposed to the Sun. He was told, "You are not allowed to see the Sun." According to
David Remes David H. Remes (born 1954) is an American lawyer. Remes is a former partner at the law firm Covington & Burling. His planned resignation was announced on July 18, 2008. Most recently, Remes was "Counsel" at the Washington, DC law firm Gilbert ...
, one of Ismail's lawyers, Ismail and his guards engaged in an angry dispute, and a frustrated Ismail, who had not seen the Sun in a month, took off one of his sandals, and threw it at the pen's fence near his guards. According to Remes, Ismail was left in the exercise pen for hours, until night fell, and he fell asleep. He was woken to find himself being beaten by the camp's " immediate reaction force". Remes said that Ismail told him the immediate reaction force not only shackled him, and beat him, but that they choked him, and then one of the guards urinated on his head. He told Remes that after he was returned to his cell, when he woke the next morning he was bleeding from his ear. Camp Commandant David M. Thomas claimed Ismail's version was a "complete and total fabrication". According to camp authorities, Ismail had not only thrown his sandal, but he had thrown a book, and he had spit on the guards. Camp authorities characterized the alleged spitting as an "assault". Camp authorities claimed that the immediate reaction force's extraction was "passive in nature and used the minimum amount of force necessary." They further claimed that the incident had been videotaped, and that Ismail was given a medical examination afterwards, which found no wounds. However, the ''Christian Science Monitor'' noted that camp authorities had refused to release the videotape, or any of Ismail's medical records, including the report from the medical examination camp authorities had asserted showed he had not been wounded.


June 2009 sit-in

Carol Rosenberg Carol Rosenberg is a senior journalist at ''The New York Times.'' Long a military-affairs reporter at the ''Miami Herald'', from January 2002 into 2019 she reported on the operation of the United States' Guantanamo Bay detention camps, at its nav ...
, writing for the ''
Miami Herald The ''Miami Herald'' is an American daily newspaper owned by McClatchy, The McClatchy Company and headquartered in Miami-Dade County, Florida. Founded in 1903, it is the fifth-largest newspaper in Florida, serving Miami-Dade, Broward County, Fl ...
'', reported that Yasin Qasem Ismail participated in a protracted
sit-in A sit-in or sit-down is a form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change. The protestors gather conspicuously in a space or building, refusing to mo ...
. Captives' attorney, like Yasin's attorney
David Remes David H. Remes (born 1954) is an American lawyer. Remes is a former partner at the law firm Covington & Burling. His planned resignation was announced on July 18, 2008. Most recently, Remes was "Counsel" at the Washington, DC law firm Gilbert ...
, were aware of the sit-in, but were not allowed to tell reporters without violating their classification agreement. Rosenberg said the sit-in involved approximately half the captives held in Camp 5. The captives refused to leave their exercise yard, and in contrast to previous confrontations with the camp authorities, they decided to wait out the protesters, rather than resort to violence. The sit-in was triggered by increased security measures following the June 1, 2009, apparent suicide of Muhammed Ahmad Abdallah Salih.


Hunger striker

Ismail was a long term
hunger striker A hunger strike is a method of non-violent resistance where participants fast as an act of political protest, usually with the objective of achieving a specific goal, such as a policy change. Hunger strikers that do not take fluids are named d ...
. In 2013, the ''Yemen Times'' quoted him describing the manner of the force-feeding of the hunger strikers as inhumane.


References

{{DEFAULTSORT:Ismail, Yasin Qasem Muhammad Yemeni extrajudicial prisoners of the United States Detainees of the Guantanamo Bay detention camp Living people 1979 births