He was transferred to Saudi Arabia on January 5, 2017.[5][6] The transfer of Hadi, and more than a dozen other men, in the closing days of the Barack ObamaPresidency was seen as marking a key disagreement between Obama and President-elect Donald Trump, who favored expanding the camp.[7][8][9]
Inconsistent identification
Salem was named inconsistently on the official lists:
He was named Salem Ahmed Ben Kend on the list of names released on April 20, 2006.[10]
He was named Salem Ahmed Hadi on the list of names released on May 15, 2006.[4]
Originally the BushPresidency 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.[12]
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.
Office for the Administrative Review of Detained Enemy Combatants
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:[16]
Salem Ahmed Hadi bin Kanad was listed as one of the captives who was a foreign fighter.[16]
Salem Ahmed Hadi bin Kanad was listed as one of "36 [captives who] openly admit either membership or significant association with Al Qaeda, the Taliban, or some other group the government considers militarily hostile to the United States."[16]
A Summary of Evidence memo was prepared for Salem Ahmed Ben Kend's Combatant Status Review Tribunal, on 7 October 2004.[17][18]
The memo listed the following allegations against him:
Salem did not attend his 2005 Board hearing.[19]
But a five-page summarized transcript recorded the discussion of his interview with his Assisting Military Officer.
Formerly secret Joint Task Force Guantanamo assessment
On January 20, 2009, newly elected President Barack Obama announced that he would try to empty the Guantanamo Bay Detention camps.
He replaced the George W. Bush administration's annual OARDEC reviews, by military officers, reviews by high level officials from several government departments - the Joint Review Task Force, to be followed up by regular reviews by a Periodic Review Board.[8]
The Joint Review Task Force's conclusion was that Hadi was too dangerous to release.[7]
Periodic Review Board
A Periodic Review Board concluded, in May 2016, that Hadi could safely be transferred to another country.[8][7]
This was the fifth time his status had been considered by the Board.[22]
Transfer to Saudi Arabia
Hadi, and three other individuals from Yemen, were transferred to Saudi Arabia on January 5, 2017 - in the closing weeks of Obama's second term.[6][7]
The men were not transferred back to Yemen, their home, because officials judged Yemen too unstable.
The Nigerian Vanguard noted that the final push of the Obama Presidency was in conflict with the incoming administration of Donald Trump to retain all the individuals held in Guantanamo, and to fill it up with additional individuals.[8]
References
^"Archived copy"(PDF). www.defenselink.mil. Archived from the original(PDF) on 28 September 2006. Retrieved 5 February 2022.{{cite web}}: CS1 maint: archived copy as title (link)
^ abcd
Katie Paul; Matt Spetalnick (2017-01-05). "Four Yemeni detainees transferred from Guantanamo to Saudi Arabia". Reuters. Riyadh/Washington DC. Retrieved 2020-08-01. The Pentagon sent four Yemeni detainees from the Guantanamo Bay military prison to Saudi Arabia on Thursday, launching President Barack Obama's final flurry of prisoner transfers despite Donald Trump's demand for a freeze.
^ abcd"Obama releases Guantanamo Bay detainees against Trump's directive". Nigerian Vanguard. New York City. 2017-01-06. Retrieved 2020-08-01. The Department of Defence, in a statement obtained by a correspondent of the News Agency of Nigeria (NAN) in New York, gave the names of the detainees as Salem Ahmad Hadi Bin Kanad, Muhammed Rajab Sadiq Abu Ghanim, Abdallah Yahya Yusif Al-Shibli, and Muhammad Ali Abdallah Muhammad Bwazir.
^ ab"U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. 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.
^
Marine Koren (2016-05-12). "Who Is Left at Guantanamo? And who can never leave?". Atlantic magazine. Retrieved 2020-08-01. This week, the board cleared for release Salem Ahmed Hadi, a suspected jihadist who left Yemen for Afghanistan before 9/11 and arrived at Guantanamo in its second week of existence. It was his fifth time before the board, which had previously rejected releasing him.
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