User:George Swan/sandbox/No longer enemy combatant

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Template:TOC-right NLEC is an abbreviation for No Longer Enemy Combatant, a term the George W. Bush Administration used for prisoners at the Guantanamo Bay detention camp whose Combatant Status Review Tribunal determined they should not have been classified as "enemy combatants".

Thirty-eight detainees were classified as "NLECs". The fifth Denbeaux report, "No-hearing hearings", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.

The Washington Post has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants. None of the detainees who were determined not to have been enemy combatants were released right away. Ten of the detainees who had been determined not to have been enemy combatants were allowed to move to the more comfortable Camp Iguana. Others, such as Sami Al Laithi, remained in solitary confinement.

The delay in the release of some of the detainees was due to considerations of the detainees safety. Under the refoulement provision of the Convention against Torture, a country may not send an individual to a country where he may be tortured.

Some of the detainees could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or the governments of their countries. Some, like Al Laithi, were returned to their home countries after the U.S. secured a promise that they would not be punished by their home countries. Others, like five of Uighur detainees in Guantanamo, were released when the U.S. found a third country which would accept them.

Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.

Multiple CSRTs

The fifth Denbeaux study, entitled "No-hearing hearings", revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.

H. Candace Gorman, the pro bono lawyer for Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all. Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files. She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence. But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence.

Lieutenant Colonel Stephen Abraham came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's Tribunal.

NLEC captives

On November 19 2007 the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004.

NLEC captives

isn	name	notes
142	Fazaldad	Date of his release to Pakistan unknown.
208	Maroof Saleemovich Salehove	Date of his release to Tajikistan unknown.
248	Saleh Abdall Al Oshan	Repatriated to Saudi custody.repatriated to Saudi custody on July 20 2005.
260	Ahmed Adil	Sent to Albania with four other Uyghurs.
276	Akhdar Qasem Basit	Sent to Albania with four other Uyghurs.
279	Mohammed Ayub	Sent to Albania with four other Uyghurs.
283	Abu Bakr Qasim	Sent to Albania with four other Uyghurs.
287	Sami Abdul Aziz Salim Allaithy	Repatriated to Egypt, after assurances.
293	Adel Abdulhehim	Sent to Albania with four other Uyghurs.
298	Salih Uyar	Released to Turkey in April 2005.
357	Abdul Rahman	Released to Afghanistan in April 2005. Reported abuse in custody.
457	Mohammad Gul	Date of return to Afghanistan unknown.
459	Gul Zaman	Released to Afghanistan in April 2005.
491	Sadik Ahmad Turkistani	Uyghur born in Saudi Arabia, repatriated to Saudi Arabia.
561	Abdul Rahim Muslimdost	Released to Afghanistan in April 2005. Wrote a book about his experiences in Guantanamo, then disappeared mysteriously.
581	Shed Abdur Rahman	Date of his release to Pakistan unknown.
586	Karam Khamis Sayd Khamsan	Date of his release to Pakistan unknown. Charged with attempting to assassinate The USA's ambassador to Yemen in December 2005. Acquitted on March 13 2006.
589	Khalid Mahomoud Abdul Wahab Al Asmr	Date of return to Jordan unknown.
631	Padsha Wazir	Date of return to Afghanistan unknown.
649	Mustaq Ali Patel	Returned to France.
672	Zakirjan Asam	Date of return to Uzbekistan unknown.
712	Hammad Ali Amno Gadallah	Date of return to Sudan unknown.
716	Allah Muhammed Saleem	Released to Albania, on January 7 2007, where he has applied for asylum.
718	Fethi Boucetta	Released to Albania rather than his home of Algeria.
730	Ibrahim Fauzee	Citizen of the Maldives. Release date unknown.
812	Qalandar Shah	Date of return to Afghanistan unknown.
834	Shahwali Zair Mohammed Shaheen Naqeebyllah	Date of return to Afghanistan unknown.
835	Rasool Shahwali Zair Mohammed Mohammed	Date of return to Afghanistan unknown.
929	Abdul Qudus	Date of return to Afghanistan unknown.
952	Shahzada	Date of return to Afghanistan unknown.
953	Hammdidullah	Date of return to Afghanistan unknown.
958	Mohammad Nasim	Date of return to Afghanistan unknown.
986	Kako Kandahari	Date of return to Afghanistan unknown.
1013	Feda Ahmed	Date of return to Afghanistan unknown.
1019	Nasibullah	Date of return to Afghanistan unknown.
1041	Habib Noor	Date of return to Afghanistan unknown.
1117	Jalil	Date of return to Afghanistan unknown.
1157	Hukumra Khan	Date of return to Afghanistan unknown.

See also

• Seton Hall study