Sufyian Barhoumi v. Barack Obama et al.

Court	United States Court of Appeals, District of Columbia, United States
Case number	No. 09-5383
Decision title	Appeal from the United States District Court for the District of Columbia
Decision date	11 June 2010
Parties	Sufyian Barhoumi Barack Obama et al.
Other names	Abu Obaida, Ubaydah al Jaza’iri, Shafiq
Categories	Conspiracy, Material support to terrorism
Keywords	Al Qaeda, Authorization for Use of Military Force, conspiracy, Habeas corpus, Pakistan, War on terrorism
Links	Appeal from the United States District Court for the District of Columbia
Other countries involved	Algeria Pakistan

Summary

Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).

The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force (AUMF) of 2001. Barhoumi challenged the District Court’s decision, arguing that the evidence upon which the decision was based do not prove that he was “part of” an al-Qaeda-associated organization.

The Court of Appeals disagreed with Barhoumi, finding that the adduced evidence was sufficient to warrant his detention under the 2001 AUMF. Accordingly, the District Court’s decision was affirmed.

Procedural history

On 28 March 2002, Barhoumi and others were captured in a safe house in Faisalabad, Pakistan. The initial charges were filed in 2005 and related to conspiracy (press release here).

Following the US Supreme Court decision in Hamdan v. Rumsfeld, the charges were dropped. The charges were re-filed on 28 May 2008 under the Military Commissions Act of 2006 for conspiracy and providing material support for terrorism.

On 21 October, 2008, the Defense Department announced that Judge Susan Crawford of the Office of Military Commissions Convening Authority, had dismissed without prejudice the charges against, among others, Sufyian Barhoumi. (Dismissed without prejudice means that charges can be raised again at a later time.) No reasons were provided for this decision, and the individuals remained in detention. See also, Jane Sutton, U.S. Drops Charges Against 5 Guantanamo Captives, Reuters, 21 October 2008.

Back in July 2005, Barhoumi filed a petition for a writ of habeas corpus in the US District Court for the District of Columbia.

On 3 September 2009, the District Court dismissed Barhoumi’s petition.

Related developments

On 28 January 2013, the Convening Authority for Military Commissions dismissed the Sworn Charges (conspiracy and provision of material support for terrorism) against, inter alia, Sufyian Barhoumi.

Legally relevant facts

On 28 March 2002, Barhoumi, together with others, was captured at the Faisalabad safe house in Pakistan, and transferred to the US Naval Base in Guantanamo Bay (Cuba) on 5 August 2002. He was charged with conspiring with Osama bin Laden and other members of al Qaeda to commit various crimes and terrorism. …” (Charges I and II of the 2008 Sworn Charges).

It was alleged that Barhoumi provided assistance in the purchase of electronic components needed for the building of remote-detonation explosive devices. Further, it was alleged that Barhoumi provided training on how to build such devices. Specifically, Barhoumi “did, at various locations in Afghanistan, Pakistan and elsewhere, between about January 1999 and March 2002, in the context of or associated with an armed conflict, intentionally provide material support to al Qaeda … knowing that such organization has engaged or engages in terrorism…” (Charge II of the 2008 Sworn Charges).

In July 2005, Barhoumi filed a petition for a writ of habeas corpus in the US District Court for the District of Columbia. On 3 September 2009, the District Court dismissed his petition on grounds that he was properly detained under the 2001 Authorization for Use of Military Force. (pp. 4-7)

Core legal questions

Did the District Court err in its findings on Barhoumi’s petition for a writ of habeas corpus?

Specific legal rules and provisions

Para. 2(a) of the Authorization for Use of Military Force (AUMF).

Court's holding and analysis

In reaching its decision to dismiss Barhoumi’s petition, the District Court relied on two diaries as evidence to substantiate a justification for Barhoumi’s detention (p. 6). Barhoumi appealed the reliability of these diaries and whether these prove that he was “part of” an associated militia force that engaged in hostilities against the United States.

The Court of Appeals found that “we detect no reversible error in the district court’s finding, based on the al-Suri diary, Barhoumi’s uncontested testimony, and the circumstances of his capture, that it is more likely than not that Barhoumi was “part of” an al-Qaida-associated force and therefore properly detained pursuant to the AUMF [Authorization for Use of Military Force 2001]. We therefore affirm the district court’s denial of Barhoumi’s petition for a writ of habeas corpus” (p. 29).