Adil Mabrouk Bin Hamida

Adil Mabrouk Bin Hamida
Born:	September 15, 1970(1970-09-15) Tunis, Tunisia
Detained at:	Guantanamo
Alias(s):	Adel Ben Mabrouk Bin Hamida Boughanmi, Adil Mabrouk Bin Hamida (Boughanmi)
ID number:	148
Charge(s):	no charge, held in extrajudicial detention

Adil Mabrouk Bin Hamida is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Hamida's Guantanamo detainee ID number is 148. Joint Task Force Guantanamo counter-terrorism analysts reports that Hamida was born on September 15, 1970, in Tunis, Tunisia.

Contents 1 Identity 2 Combatant Status Review 2.1 Response to the allegations 2.2 Response to Tribunal questions 3 Habeas petition 4 Administrative Review Board 4.1 First annual Administrative Review Board 4.1.1 Transcript 4.2 Second annual Administrative Review Board 4.2.1 Transcript 5 References

Identity

Captive 148 is identified inconsistently on official Department of Defense documents:

• Captive 148 was named Adel Ben Mabrouk Bin Hamida Boughanmi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 8 October 2004.^[2]
• Captive 148 was named Adil Mabrouk Bin Hamida on the Summary of Evidence memos prepared for his first and second annual Administrative Review Boards, on 20 July 2005 and 25 April 2006, and on the second official list of captives' names released on May 15, 2006.^[1][3][4]
• Captive 148 was named Adil Mabrouk Bin Hamida (Boughanmi) on four official lists released in September 2007.^[5][6][7][8]

Combatant Status Review

Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the "War on Terror", while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Adil Mabrouk Bin Hamida was among the two-thirds of prisoners who chose to participate in their tribunals.^[9]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following: ^[10][11][2] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida.

1. The detainee a Tunisian national^[12] living in Italy, traveled to Afghanistan in early 2001.
2. The detainee stayed at the "House of Algerians" guesthouse in Jalalabad.
3. The detainee trained on the assembly and disassembly of the Kalishnikov [sic]rifle.
4. The Tunisian government has listed the detainee as an extremist who lived in the Bosnian-Mujahedin Village of Boeinja Bonja.
5. The detainee was a member of the Sami Essid Network.
6. The Sami Essid Network provides financial support to terrorist groups.
7. Detainee was sentenced to twenty years imprisonment in Tunisia^[13] for being a member of a terrorist organization operating abroad.
8. Detainee possibly falsified passports for fleeing al Qaida combatants who make it to Europe.
9. Detainee was captured on the Afghanistan-Pakistan border by Pakistani military forces.

Response to the allegations

• Adel Ben acknowledged traveling to Afghanistan -- as an immigrant.
• Adel Ben acknowledged staying at the "House of the Algerians".
• Adel Ben acknowledged being trained on the assemby and disassembly of the AK-47.
• Adel Ben denied ever traveling to Bosnia, and denied ever hearing of the village of Bocinja Donja.
• Adel Ben said he had never heard of the Sami Essid Network.
• Adel Ben denied any knowledge of any sentences against him in Tunisia.
• Adel Ben denied ever forging any passports.
• Adel Ben acknowledged being captured on the Afghanistan-Pakistan border.

Adel Ben's Personal Representative was able to produce Adel Ben's passport into evidence, in an attempt to show his passport had no stamp from Bosnia, showing that the allegation that he had traveled to Bosnia was false. The Tribunal's President criticized the Personal Representative for not having the passport translated prior to introducing it.

Response to Tribunal questions

Habeas petition

Captive 148 had a habeas corpus petition published on his behalf. But, although the Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.^[14]

In July 2008 the US District Court ruled that his habeas petition was moot.^[15]

Administrative Review Board

Detainees whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the detainee posed a threat if repatriated to their home country.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's first annual Administrative Review Board, on 20 July 2005.^[3] The memo listed factors for and against his continued detention.

Transcript

There is no record that captive 148 participated in this Board hearing.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's second annual Administrative Review Board, on 25 April 2006.^[4] The memo listed factors for and against his continued detention.

Transcript

There is no record that captive 148 participated in this Board hearing.

References

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