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.[8]
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:[12]
Muhammad Ahmad Abdallah al-Ansi was listed as one of the captives who was an "al Qaeda operative".[12]
Muhammad Ahmad Abdallah al-Ansi was listed as one of the captives who had "denied all the government allegations."[12]
He chose to participate in his Combatant Status Review Tribunal.[13] Shortly after his Tribunal procedures were explained to him, al-Ansi reportedly expressed concern over how long the Tribunal would last. He asked to leave.[citation needed] The Tribunal reconvened after he had been removed long enough for the Tribunal's president to review al-Ansi's election form, which recorded that he had originally wanted to attend his Tribunal. Al-Ansi chose to participate in his Administrative Review Board hearing.[14]
Al-Ansi had requested a copy of the proceedings of his Tribunal.[14] He told his Board that he had requested it five days prior to his Board. He told his Board that other detainees had been given copies of their Tribunals. The Board went into closed session to consider his request. When they reconvened in open session he was reportedly told that he could not access his Tribunal record as it was classified.[citation needed]
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[16]
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 U.S. Federal Court system. Further, 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".[17]
Al-Ansi's petition was filed after the Supreme Court's ruling in Boumediene v. Bush.[15] In late December 2008, the United States Department of Justice proposed amalgamating fifteen separate petitions, including Al-Ansi's, because they claimed those captives were all captured in Tora Bora.[15]
In April 2015, Jason Leopold succeeded in getting access to the list of 71 individuals who were not cleared for release, and not recommended for holding for trial, who were determined to be eligible for Periodic Review Board hearings.[22] Al-Ansi was one of the individuals the task force recommended should face indefinite detention, without charge.[citation needed]
Artwork
In 2016, Al Ansi created a painting called Titanic while detained at Guantanamo Bay. He created the work from memory based upon being shown the Titanic film during his interrogation. He also created a painting of the Statue of Liberty. The artworks were two of seven works created by inmates, and it was displayed at John Jay College, New York, in the autumn of 2017.[23]
^Carol Rosenberg (2016-12-22). "Guantanamo board clears bin Laden bodyguard". North Carolina Courier Tribune. Retrieved 2016-12-23. But as the Obama administration was trying to put the finishing touches on proposed Guantanamo transfers before President-elect Donald Trump takes office, the Periodic Review Board disclosed that it approved al-Ansi's release on Dec. 9.
^
Greg Myre (2017-01-16). "10 Guantanamo Prisoners Freed In Oman; 45 Detainees Remain". National Public Radio. Retrieved 2017-01-17. The freed prisoners were not identified by name or nationality, though the Oman News Agency, citing the country's Foreign Ministry, reported that the 10 had arrived in the country on Monday for "temporary residence."
^Carol Rosenberg (2017-01-16). "U.S. sends 10 Guantánamo captives to Oman". Miami Herald. Archived from the original on 2017-01-17. A Pentagon official who spoke on condition of anonymity confirmed that the transfer had taken place, downsizing the detainee population to 45. Neither Oman nor the official provided the identities of the 10 men who were sent there.
^ 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.
