Ha'il Aziz Ahmad Al Maythal | |
---|---|
Born | 1977 (age 46–47)
[1]
[2] Sanaa, Yemen |
Arrested | September 11, 2002 Karachi, Pakistan |
Detained at | Guantanamo |
Other name(s) | Ha'il Aziz Ahmed al Maythali |
ISN | 840 |
Status | Transferred to Oman on January 16, 2017 |
Ha'il Aziz Ahmad Al Maythal is a citizen of Yemen, who was held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba. [3] American intelligence analysts estimate that he was born in 1977, in Zemar, Yemen.
As of August 14, 2011, Hail Aziz Ahmad Al Maythal has been held at Guantanamo for eight years 10 month. [4]
Maythal was transferred to Oman on January 16, 2017. [5]
Originally the Bush Presidency asserted that captives apprehended in the " war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. [6] In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants. [6] [9]
Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations: [10]
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Ha'il Aziz Ahmed Al Maythal's habeas corpus petition was first filed on November 7, 2005. [11]
On July 18, 2008, Jennifer R. Cowan renewed his habeas petition. [11]
Al Maythal's Guantanamo Review Task Force had concurred with earlier review boards, and recommended he be classed as too dangerous to release, although there was no evidence to justify charging him with a crime. [12] [13] [14]
Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
Yemeni Hayl Maythali, another Karachi 6 captive, held at Guantánamo since October 2002, "probably acted briefly as a guard" at a bin Laden compound in Kandahar, but a March 7, 2006, reassessment retreated from Karachi terror cell membership. It said he "was probably awaiting a chance to return to Yemen when he was arrested" at a Karachi safe house, rather than being "part of an al-Qaida operational cell intended to support a future attack."
The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.