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Anwar Hassan is an Uyghur refugee who was wrongly imprisoned for more than seven years in the United States Guantanamo Bay detention camps.[1][2]
Hassan is one of the 22 Uighurs held in Guantanamo for many years despite it became clear early on that they were innocent.[1][3][4]
Combatant Status Review Tribunals[]
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.
Hassan is one of the captives known to have had multiple reviews convened, after his initial review determined he was not an enemy combatant.
According to the study entitled, No-hearing hearings, Hassan Anvar did not choose to attend his Tribunal.[5]
The study identified Hassan as one of the captive whose first Tribunal had determined that they should not had been classified as an "enemy combatant" in the first place, only to have subsequent Tribunals convened, which reversed the earlier determination.[5]
Current status[]
On February 4, 2009 the Globe and Mail reported that Hassan Anvar's refugee claim, and the refugee claims of two of his compatriots were close to completion.[6][7] The article quoted Mehmet Tohti, a Uyghur human rights activist who stated that he had met with Immigration Minister Jason Kenney. According to the Globe Tohti claimed there had been a positive consensus to admit Anvar, and two men whose lawyers have not authorized their names to be released.
The Don Valley Refugee Resettlement Organization has worked to sponsor Anvar's refugee claim.[6]
Temporary Asylum in Palau[]
In June 2009 the government of Palau announced that they would offer temporary asylum to some of the Uyghurs.[8][9][10] The government of Palau sent a delegation Guantanamo, and interviewed some of the remaining Uyghurs. Some of the Uyghurs declined to be interviewed by the Palauns. In the end the government of Palau offered asylum to twelve of the remaining thirteen Uyghurs. Palau declined to offer asylum to one of the Uyghurs who suffered from a mental disorder, brought on by detention, that was too profound to be treated in Palau.
On October 31, 2009 "Anwar Hassan", Ahmad Tourson, Abdul Ghappar Abdul Rahman, Edham Mamet, Dawut Abdurehim and Adel Noori were released and transferred to Palau.[8][9][10][11][12]
References[]
- ↑ 1.0 1.1 http://ccrjustice.org/newsroom/press-releases/17-innocent-uighurs-detained-guant%C3%A1namo-ask-supreme-court-release
- ↑ "Ali Mohammed, or Anwar Hassan: Chinese Uyghur Guantánamo Refugee in Need of Protection" (PDF). Center for Constitutional Rights. http://ccrjustice.org/files/Ali%20Mohammed%20-%202pages.pdf. Retrieved December 6, 2008.
- ↑ Innocent detainees need a home [1] The Boston Globe 2009-04-02
- ↑ China's Uighurs trapped at Guantanamo, Asia Times, November 4, 2004
- ↑ 5.0 5.1 Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings". Seton Hall University School of Law. p. 17. http://law.shu.edu/news/final_no_hearing_hearings_report.pdf. Retrieved April 2, 2007.
- ↑ 6.0 6.1 Canada close to accepting three Gitmo detainees [2] Omar Al Akkab 2009-02-04
- ↑ Six detainees look to Canada for asylum [3] Janice Tibbets 2009-02-03[dead link] mirror
- ↑ 8.0 8.1 United States Transfers Six Uighur Detainees from Guantanamo Bay to Palau [4] 2009-10-31
- ↑ 9.0 9.1 Uighurs Leave Guantánamo for Palau [5] David Johnston 2009-10-31
- ↑ 10.0 10.1 Guantanamo Uighurs sent to Palau [6] 2009-10-31
- ↑ Six Guantanamo Uighurs arrive in Palau: US [7] 2009-10-31
- ↑ 6 Muslim Uighur Detainees From Guantanamo Arrive In Palau [8] 2009-11-01
External links[]
- From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs Andy Worthington October 9, 2008
- Judge Ricardo Urbina’s unclassified opinion (redacted version)
- MOTIONS/STATUS HEARING - UIGHURS CASES BEFORE THE HONORABLE RICARDO M. URBINA
- Palau Uyghurs try to build new lives Kyodo News December 15, 2009
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
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