Background
Ait Idir was born in Algeria, but moved to Bosnia, married a Bosnian woman, and became a Bosnian citizen.
Ait Idir was born in Algeria, but moved to Bosnia, married a Bosnian woman, and became a Bosnian citizen.
Idir was arrested on October 18, 2001 on suspicion of participating in a conspiracy to bomb the United States Embassy. After their release following their acquittal, the six men were captured, on January 17, 2002, by American forces, who transferred them to Guantanamo Bay. Ait Idr has alleged brutal treatment there.
He claims that guards beat him when he was shackled, and bent back his fingers, breaking them.
On 16 December 2008, Ait Idir was one of three prisoners released to Bosnia after he was found innocent. Ait Idir was among the 60% of prisoners who participated in the tribunal hearings.
A Summary of Evidence memo was prepared for the tribunal of each detainee. The memo accused him of the following:
a.
The detainee is associated with al Qaida:
The detainee is Algerian, but acquired Bosnian citizenship by serving in the Bosnian military in 1995.
The detainee is associated with the Armed Islamic Group (GIA). While living in Bosnia, the detainee associated with a known al Qaida operative. At the time of his capture, the detainee had planned to travel to Afghanistan once his al Qaida contact arrived there and had made the necessary arrangements. b.
The detainee participated in military operations against the United States or its coalition partners:
The detainee was arrested by Bosnian authorities on 18 October 2001.
The detainee was arrested because of his involvement with a plan to attack the United States. embassy located in Sarajevo. Washington District of Columbia based Judge Joyce Hens Green extensively quoted a transcript from Idir"s Tribunal when she decided that the Guantanamo tribunals violated the United States Constitution.
Administrative Review Board
Detainees whose Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.
Ait Idir participated in his Administrative Review Board hearing.
The Washington Post reported on April 14, 2005 that Idir"s lawyers initiated legal steps to sue the United States. government to get the videotapes of the incidents with the Initial Reaction Force where he was injured. The IRF is supposed to videotape all of its interventions. Thomas P. Sullivan is a lawyer who volunteered to serve as a pro bono attorney for several Guantanamo captives.
On September 26, 2006 he testified before the United States Senate Judiciary Committee, expressing his concerns about the bill that was to become the Military Commissions Acting.
Sullivan"s testimony quoted a long passage from Idr"s Tribunal. Sullivan also reminded the Judiciary Committee that United States District Court Judge Joyce Hens Green, who had been appointed to oversee the Guantanamo habeas cases following the Supreme Court"s decision in Rasul, cited Mr.
Idir"s hearing as an example of the fundamental unfairness of the CSRT process. See 355 F. Supp. 2d 443 (DDC 2005)."
On 16 December 2008 Mustafa Idir, Boudella al Hajj and Mohammed Nechle were released to Bosnia.
According to The Australian Idir told the Dnevni Avaz:
On March 3, 2009, El Khabar reported that the Bush administration forced Idir and the other two men to sign undertakings that they would not sue the United States government for their kidnapping, before they would be released.