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Abdul Al Saleh: Wikis

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Abdul Al Saleh is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 91. American intelligence analysts estimate he was born in 1979, in Muqela, Yemen.

As of December 8, 2009, Abdul al Saleh has been held at Guantanamo for seven years 10 months.[2]

Contents

Combatant Status Review Tribunal

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

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Summary of Evidence memo

A Summary of Evidence memo was prepared for Al Saleh Abdul's Combatant Status Review Tribunal, on 6 October 2004.[3 ] The memo listed the following allegations against him:

a. The detainee is associated with the Taliban:
  1. The detainee states that he answered a fatwah telling young men to go to Afghanistan and fight with the Taliban.
  2. The detainee traveled from Yemen to a Taliban office in Quetta, Pakistan and then to the School for the Jihad in Kandahar, Afghanistan.
b. The detainee participated in military operations against the United States or its coalition partners:
  1. The detainee traveled with other fighters from Kandahar to Konduz and then on to the front line at Khogajar, Afghanistan.
  2. The detainee fought on the front line at Khogajar against the Northern Alliance.
  3. The detainee was in northern Afghanistan, at Tejek, fighting with the Taliban against the Northern Alliance.
  4. The detainee stated that the men he fought with were issued Kalishnikov [sic] rifles, rocket-propelled grenades (RPG's) [sic] PK machine guns and hand grenades.
  5. The detainee surrendered to the Northern Alliance near Mazir-E-Sharif [sic].
  6. The detainee was present and wounded during the Qalai Janghi [sic] prison riot at Mazir-E-Sharif [sic].
  7. The detainee was eventually arrested by United States forces at the Qalai Janghi Castle [sic].

Transcript

There is no record that Al Saleh chose to participate in his Combatant Status Review Tribunal.

Aboassy v. Bush

Captive 91 is the lead petitioner in a set of amalgamated habeas corpus petitions.'[4 ] The Department of Defense has published documents from the Combatant Status Review Tribunals of 179 habeas petitioners. But they did not release those from captive 91's.[5 ]

Captive 91 was identifed as "Mohsen Abdrub Aboassy" on the list of habeas petitioners.[4 ]

Administrative Review Board

Captives whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.[6]

The factors for and against continuing to detain Al Saleh were among the 121 that the Department of Defense released on March 3, 2006.[7]

The following primary factors favor continued detention

a. Commitment
  1. The detainee states that he answered a fatwa telling young men to go to Afghanistan and fight with the Taliban.
  2. The detainee traveled from Yemen to a Taliban office in Quetta, Pakistan and then to the School for the Jihad in Kandahar, Afghanistan.
  3. The detainee admitted that he was a fighter with the Taliban and not a guard as he initially stated.
  4. The detainee fought on the frontline at Khogajar against the Northern Alliance.
b. Training
  1. The detainee stated he did not receive any military training in Afghanistan, since he had received approximately six months weapons training while in the Yemeni military.
  2. According to the detainee, weapons training with the Yemeni National Police was limited to firing six rounds on a Kalishnikov [sic].
  3. The detainee received training at a well known al Qaida training camp.
c. Connections
  1. One of the detainee's known aliases was on a list of captured documents recovered from suspected al Qaida safehouse raids.
  2. The detainee was assigned to unit that reported to Abdel Salaam Al Hadramy.
  3. Abd Al-Salaam Al-(Hadrami) was in charge of the Arab fighters who served on the defensive line and was the second in command for all Arab fighters who served in the defensive positions north of Kabul, Afghanistan.
  4. Abd Al-Salaam Al-(Hadrami) is a Yemeni al Qaida member.
d. Intent
  1. The detainee was in northern Afghanistan, at Tejek, fighting with the Taliban against the Northern Alliance.
  2. The detainee stated that the men he fought with were issued Kalishnikov [sic] rifles, rocket-propelled grenades (RPG's), PK machine guns and hand grenades.
e. Other Relevant Data
  1. The detainee surrendered at Mazir-e-Sharif [sic] and was taken to Qalai Janghi [sic] Prison.
  2. The detainee was present and wounded during the Qalai Janghi prison riot at Mazir-e-Sharif [sic].
  3. The detainee was eventually arrested by United States forces at the Qalai Janghi Castle [sic].

The following primary factors favor release or transfer

a.

The detainee denied knowing any al Qaida and said he never fought against any Americans.

b.

The detainee feels that the Taliban cheated him because he was fighting the Northern Alliance which was not a cause that he believed in therefore, it was not really a jihad for him.

c.

If released, the detainee plans to go back to Yemen and get married. He will disregard anyone who suggests that he fight jihad. He feels that it was a stupid idea to follow the fatwa.

Habeas corpus renewal

Abdul Al Saleh's habeas corpus was re-initiated in 2008.[8]

Military Commissions Act

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.[9]

Boumediene v. Bush

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 US Federal Court system. And 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".[10]

Protective order

On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Abdul Al Saleh.[8]

References

  1. ^ OARDEC (2006-05-15). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.  
  2. ^ http://projects.nytimes.com/guantanamo/detainees/91-abdul-al-saleh
  3. ^ OARDEC (2004-10-06). "Summary of Evidence for Combatant Status Review Tribunal -- Al Saleh Abdul". United States Department of Defense. pp. pages 9-10. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#9. Retrieved 2008-06-01.  
  4. ^ a b "Respondents' response to Court's August 7, 2006 order". United States Department of Defense. August 15, 2006. http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23.  
  5. ^ OARDEC (August 8, 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29.  
  6. ^ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
  7. ^ Factors for and against the continued detention (.pdf) of Abdul Al Saleh Administrative Review Board - May 2, 2005 - pages 61-63
  8. ^ a b Kristine A. Huskey (2008-07-15). "Guantanamo Bay Detainee Litigation: Doc 63 -- NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/63/0.pdf. Retrieved 2008-11-13.   mirror
  9. ^ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.   mirror
  10. ^ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.   mirror

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