He arrived in Guantanamo on June 18, 2002.[2]
The Guantanamo Review Task Force cleared him for release in January 2010.[3]
He was transferred to Oman on January 13, 2016, with nine other Yemenis.[4]
He was identified as Abdul Rahman on the second official lists of captives' names, published on May 15, 2006.[1]
He was identified as Omar Said Salem Adayn on the Summary of Evidence memo prepared for his second annual Administrative Review Board, on July 5, 2006.[12]
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.[14]
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:[18]
Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[18]
Omar Said Salim Al Dayi was listed as one of the captives who "The military alleges ... were at Tora Bora."[18]
Omar Said Salim Al Dayi was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[18]
Omar Said Salim Al Dayi was listed as one of the captives who was a foreign fighter.[18]
Omar Said Salim Al Dayi was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."[18]
There is no record that al Dayi attended any of his OARDEC hearings.
On January 9, 2009, the Department of Defense published eight pages of memos drafted by his third annual Administrative Review Board.[19][20]
The memos were heavily redacted, and the Board's recommendation was withheld.
The Board met on August 7, 2007, without the captive being present.
The covering letter from the director of the Office for the Administrative Review of Detained Enemy Combatants to Gordon England, the Designated Civilian Official, who, theoretically, made the final decision as to whether captives should be cleared for release, ordered his continued detention on October 12, 2007.
The record of proceedings stated that the captive declined to attend the board's hearing.[20]
His Assisting Military Officer, who met with the captive, indicated that the captive was "uncooperative or unresponsive".
The record indicates his habeas counsel had submitted documents in his defense, and that these were considered by his board.[20] However, while other captive's habeas submissions have been published, these, however, were not published.
^
Charlie Savage (2016-01-14). "Guantánamo Population Drops to 93 after 10 Prisoners Go to Oman". New York Times. Retrieved 2016-01-14. Oman, which shares a border with Yemen, also took in 10 lower-level detainees in 2015. Its acceptance of 20 men over the past 13 months has significantly aided the Obama administration's goal of repatriating or resettling all the men who have been recommended for transfer, most of whom have been languishing with that status since at least 2009 when a six-agency task force unanimously approved letting them go.
^ 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.
