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Mohammed Ahmad Ghulam Rabbani
Born 1970 (age 39–40)
Medina, Saudi Arabia
Arrested September 2002
Karachi, Pakistan
Detained at "the salt pit"
Guantanamo
ISN 1461
Charge(s) No charge
Status Held in extrajudicial detention

Mohammed Ahmad Ghulam Rabbani is a citizen of Pakistani, held in extrajudicial detention by the United States.[1]

His Guantanamo Internment Serial Number is 1461. American Intelligence analysts estimated that Rabbani was born in 1970, in al Medinah, Saudi Arabia.

As of December 11, 2009, Mohammed Ahmad Ghulam Rabbani has been held at Guantanamo for five years three months.[2]

Contents

CIA black site detention

According to Laid Saidi, Rabbani, and his brother, Abdul Al-Rahim Ghulam Rabbani, were being held in the CIA black site known as "the salt pit" at the same time he was.

Combatant Status Review

Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the War on Terror, while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners.[3] Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

Detainees do not have the right to a lawyer before the CSRTs or to access the evidence against them. The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”[4]

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Mohammed Ahmad Ghulam Rabbani was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.[5]

In the landmark case Boumediene v. Bush, the U.S. Supreme Court found that CSRTs are not an adequate substitute for the constitutional right to challenge one's detention in court, in part because they do not have the power to order detainees released.[6] The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."[7]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following:

Summary of Evidence memo

A Summary of Evidence memo was prepared for Abd Al Rahim Ghulam Rabbani's Combatant Status Review Tribunal on November 10, 2004. [8] The memo listed the following allegations:

The detainee is a member of al Qaida and participated in military operations against the United States and its coalition partners:
  1. The detainee is a senior al Qaida operative.
  2. The detainee and another al Qaida member ran an al Qaida guesthouse.
  3. The detainee knew and associated with a Karachi-based al Qaida facilitator.
  4. The detainee met with senior al Qaida facilitator Mukhtar, also known as, Khalid Shaykh Mohammed.
  5. The detainee met with Usama Bin Laden on six or seven occasions.
  6. The detainee moved Mujahidin between Afghanistan and Pakistan.
  7. The detainee was detained by Pakistani authorities on 09 September 2002, in Karachi, Pakistan.

Habeas petition

A habeas submission was submitted on his behalf to US District Court Judge Ricardo M. Urbina.[9] In response, on December 14, 2005 the Department of Defense published a thirteen page dossier of unclassified documents arising from his Combatant Status Review Tribunal.

His Summary of Evidence memo was drafted on November 9, 2004.[9]

The documents indicate a Lieutenant Commander, his Personal Representative, recorded on the detainee election form that they met, for eighty minutes, on 13 November 2004, to discuss his upcoming Tribunal.[9] His Personal Representative's notes state simply that he chose not to attend his Tribunal.

Tribunal panel 21 convened 17 November 2004 and confirmed his "enemy combatant status". The decision memo drafted by the Tribunal states it reached this conclusion based on classified evidence.[9] His brother's status was also confirmed by Tribunal panel 21, on 23 November 2004. The notes in his case state his Tribunal did not convene in Guantanamo.

His name is spelled both as "Mohammed Ahmed Ghulam Rabbani" " and "Abd Al Rahim Ghulam Rabbani" in the document.[9]

Hunger strike

Rabbani and his brother participated in the hunger strike that started on August 8, 2005.[10]

References

  1. ^ Algerian Tells of Dark Term in U.S. Hands, New York Times, July 7, 2006 - mirror
  2. ^ http://projects.nytimes.com/guantanamo/detainees/1461-mohammed-ahmad-ghulam-rabbani
  3. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.   mirror
  4. ^ Elsea, Jennifer K. (July 20, 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. http://www.fas.org/sgp/crs/natsec/RS22173.pdf. Retrieved 2007-11-10.  
  5. ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  6. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. "... the procedural protections afforded to the detainees in the CSRT hearings ... fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review."  
  7. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html.  
  8. ^ OARDEC (2004-11-09). "Summary of Evidence for Combatant Status Review Tribunal -- Rabbani, Abd Al Rahim Ghulam". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf#79. Retrieved 2008-08-18.  
  9. ^ a b c d e "Mohammed Ahmed Ghulam Rabbani v. George W. Bush -- Civil Action No. 05-1607 (RMU)". United States Department of Defense. 2005-12-14. pp. pages 68-80. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf#68. Retrieved 2008-08-18.  
  10. ^ "Justice detained at Guantanamo?", Denver Post, November 13, 2005 - - mirror

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