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Abdul Bin Mohammed Bin Abess Ourgy is a citizen of Tunisia, currently held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 502. The Department of Defense reports that Ourgy was born on July 25, 1965, in Tunis, Tunisia.
As of May 17, 2010, Abdul Bin Mohammed Bin Abess Ourgy has been held at Guantanamo for eight years.
Combatant Status Review TribunalEdit
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Summary of Evidence memoEdit
- The detainee was [sic] member of al Qaida:
- The Detainee is a Tunisian national who traveled to Italy then to Afghanistan where he received training at the Durunta military camp.
- Durunta is an Al-Qaida military training camp.
- The Detainee spent twenty-eight days at the camp where he participated in Kalashnikov rifle, pistol, RPG, and grenade training.
- The Detainee fought with Al-Qaida in the mountains of Tora Bora.
Ourgy chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a nine page summarized transcripts from his Combatant Status Review Tribunal.
A petition of habeas corpus was filed on behalf of Adel El Ouerghi. Over two hundred captives had habeas corpus petitions filed on their behalf before the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 closed off the captives' access to the US civilian justice system. On June 12, 2008, in its ruling on the Boumediene v. Bush habeas corpus petition, the United States Supreme Court over-rode the Congress and Presidency, and restored the captives' access to habeas corpus.
In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives. But the Department of Defense withheld the unclassified document Tribunal. The Department of Defense has not offered an explanation why it withheld his documents.
Military Commissions ActEdit
Boumediene v. BushEdit
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Administrative Review Board hearingEdit
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
First annual Administrative Review BoardEdit
The following primary factors favor continued detention
- a. Commitment
- The detainee left Tunisia due to the fact that he was a Muslim extremist.
- While living in Milan, Italy, the detainee lived with Abu Abdullah. They watched videos of the jihad in Bosnia and exchanged propaganda materials.
- Abu Abdullah, a Tunisian, provided the detainee money and a ticket and told the detainee to go to Afghanistan.
- b. Training
- The detainee is a Tunisian national who traveled to Italy, then to Afghanistan where he received training at the Durunta military camp.
- Durunta is an al Qaida military training camp.
- The detainee spent twenty-eight days at the camp where he participated in Kalashnikov rifle, pistol, rocket propelled grenade (RPG), and grenade training.
- c. Connections/Associations
- The detainee spent time with a man associated with an organization whose objective is to overthrow a foreign government and create a purely Islamic state.
- The detainee may have supported a terrorist plot using poisoned gas.
- The detainee was responsible for the finances of the Tunisian Combatant Group.
- The Department of Homeland Security's Terrorist Organization Reference Guide lists the Tunisian Combatant Group as seeking to establish an Islamic regime in Tunisia and targets United States and Western interests. The group is associated with al Qaida.
- Abu Abdullah arranged the detainee's travel and instructed him to meet a man named Saif at the Islamabad Airport. Saif took the detainee to a house in Peshawar, where the detainee lived for about one month with formeeer Hezb-e-Islami Gulbuddin (HIG) fighters.
- After attending Durunta Camp, Saif took the detainee back to a house in Pakistan, where two Libyans advised the detainee not to go back to Italy.
- The two Libyans had been part of a Libyan Fighting Group operating against the Russians in Afghanistan.
- A senior al Qaida lieutenant said, the detainee may have traveled with the Emir of the Tunisian Group, Abu Dujana al Tunisi, to Tora Bora.
- The detainee identified the location of Nejim al-Jihad, an al Qaida housing compound owned by Usama Bin Laden. [sic]
- d. Intent
- The detainee fought with al Qaida in the mountains of Tora Bora.
- The detainee was identified as Adel Al Tunesi, and explosives trainer for al Qaida.
- e. Other Relevant Data
- The detainee has assaulted the guards by spitting and throwing food on them on seven occasions. He has threatened to hit and kick the guards and participated in a block riot.
The following primary factors favor release or transfer
- a. Detainee claims to have no involvement in the assassination of Commander Massoud, of the Northern Alliance.
- b. Detainee claims he traveled to Afghanistan so that he could receive military training for the Bosnian or Chechnyan jihad.
- c. Detainee claims that he did not attend a meeting between the Tunisian Combat Group and Usama Bin Laden and had never heard of the Tunisian Combat Group.
- d. Detainee denies that he trained at the Khalden training camp.
Ourgy chose to participate in his Administrative Review Board hearing. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcripts from his Administrative Review Board.
Second annual Administrative Review BoardEdit
A Summary of Evidence memo was prepared for Abdul Bin Mohammed Bin Abess Ourgy's second annual Administrative Review Board, on 21 July 2006. The memo listed factors for and against his continued detention.
- ↑ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ↑ '  The New York Times
- ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ↑ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22.
- ↑ OARDEC (13 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Ourgy, Abdul Bin Mohammed Bin Abess". United States Department of Defense. pp. page 29. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000400-000499.pdf#29. Retrieved 2008-03-01.
- ↑ OARDEC (date redacted). "Summarized Statement". United States Department of Defense. pp. pages 34–42. http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_24_1790-1831.pdf#34. Retrieved 2008-03-15.
- ↑ 8.0 8.1 US releases Guantanamo files  April 4, 2006
- ↑ 9.0 9.1 Michael A. Cooper (2008-07-09). "Guantanamo Bay Detainee Litigation: Doc 22 -- POST-CONFERENCE SUBMISSION ON BEHALF OF PETITIONER EL OUERGHI" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/22/0.pdf. Retrieved 2008-08-31. mirror
- ↑ OARDEC (August 8, 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29.
- ↑ NOTICE OF MILITARY COMMISSIONS ACT OF 2006  Peter D. Keisler, Douglas N. Letter 2006-10-16 mirror
- ↑ Lawyers debate 'enemy combatant'  Farah Stockman 2008-10-24 mirror
- ↑ Noah H. Rashkind (2008-07-17). "Guantanamo Bay Detainee Litigation: Doc 70 -- STATUS REPORT FOR THE CASE OF ADEL AL WIRGHI (ISN 502)". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/70/0.pdf. Retrieved 2008-11-26.
- ↑ Review process unprecedented  Spc Timothy Book Friday March 10, 2006
- ↑ OARDEC (22 April 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Ourgy, Abdul Bin Mohammed Bin Abess". United States Department of Defense. pp. pages 48–50. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001046-001160.pdf#48. Retrieved 2008-03-15.
- ↑ OARDEC (date redacted). "Summary of Administrative Review Board Proceedings of ISN 502". United States Department of Defense. pp. pages 140–149. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_1_395-584.pdf#140. Retrieved 2008-03-15.
- ↑ OARDEC (21 July 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Ourgy, Abdul Bin Mohammed Bin Abess". United States Department of Defense. pp. pages 85–87. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_499-598.pdf#85. Retrieved 2008-03-15.
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