Abdul Hakim Abdul Rahman Abdulaziz Al Mousa

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Abdul Hakim Abdul Rahman Abdulaziz Al Mousa is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Mousa's Guantanamo detainee ID number is 565. The Department of Defense reports that he was born on May 31, 1976, in Riyadh, Saudi Arabia.

Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV.  The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.       The neutrality of this section is disputed.  Please see the discussion on the talk page.(December 2007)Please do not remove this message until the dispute is resolved.
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[4]

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.

[edit] Allegations

A memorandum summarizing the evidence against Al Mousa prepared for his Combatan Status Reiew Tribunal, was among those released in March of 2005.[5] The allegations Al Mousa would have faced, during his Tribunal. were:

a. The detainee is an al Qaida and/or Taliban supporter:
  1. The detainee traveled from Kuwait, through the United Arab Emirates to Bahrain, to Iran, and finally to Kabul, Afghanistan on 2 October 01.
  2. The detainee is a member of the non governmental organization, (NGO) Kuwaiti Joint Relief Committee.
  3. The Kuwaiti Joint Relief Committee is suspected of providing funding and travel documents for mujahidin. Possible links to al-Qaida [sic] .
  4. The detainee admits raising $10,000 (USD) and transporting it to Afghanistan.
  5. The detainee admitted fleeing with others due to the "opposition", (Northern Alliance) taking over the city.
  6. The detainee was listed on a document recovered in safehouse raids associated with suspected al Qaida in Karachi, Pakistan.
  7. During the raid on the Karachi safehouses; armed gunmen fought with police; firearms and grenades were seized; and police and security forces were injured by gunfire.
  8. The detainee was listed on a document as being a member of the Mujahedin Brigade in Bosnia.

[edit] Testimony

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

[edit] Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[6]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdul Hakim Abdul Rahman Abduaziz Al Mousa's first annual Administrative Review Board, on 11 May 2005. This memo was one of 121 that the DoD released on March 3, 2006.[7] The DoD released all 464 memos in early September 2007.[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee is a Saudi citizen who traveled to Afghanistan for combat training.
  2. The detainee was recruited from Saudi Arabia to come to Afghanistan. The recruiter introduced the detainee to the safehouse system. The detainee spent time at safe houses in Quetta, Kandahar, and Khost.
b. Training
The detainee received military training for a month at a house in Kandahar, Afghanistan.
c. Connections/Associations
  1. The detainee was arreste with several al Qaida members including ######### #############.[9]
  2. ########################, also known as #################### was an integral part of the al Qaida network responsible for moving Arabs to and from Afghanistan.[9]
  3. One of the individuals the detainee was captured with was escorted by a senior al Qaida lieutenant to a meeting where he presented money to Usama Bin Laden [sic] . This individual also attended the Farooq [sic] training camp.
  4. One of the individuals the detainee was captured with attended Camp Farouq and was present at a speech given by Usama Bin Laden [sic] at the camp.
  5. One of the individuals the detainee was captured with held a high-ranking position in the Taliban.
  6. Information strongly suggests that the detainee may be identifiable with senior personnel of al Wafa. Executive Order 13224 designates al Wafa as a global terrorist entity.
d Other Relevant Data
While in the Khost safehouse, the detainee had four passport stamps forged.

[edit] The following primary factors favor release or transfer:

a.

The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th, and also denied knowledge of any rumors or plans of future attacks on the United States or its interests.

b.

The detainee provided three reasons for his travel to Afghanistan: he wanted to defend himself against thieves, defend Saudi Arabia, and learn how to shoot a weapon for the purpose of hunting.

c.

A foreign government delegation deemed the detainee to be of low intelligence or law enforcement value to the United States, and unlikely to pose a terrorist threat to the United States or its interests.

[edit] Transcript

The DoD released a two page transcript that showed that captive 565's Board convened in his absence.[10]

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdul Hakim Mousa's second annual Administrative Review Board, on 20 July 2006.[11] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee began his travels from Riyadh, Saudi Arabia to Afghanistan. From Riyadh, the detainee traveled to Abu Dhabi, United Arab Emirates, where he obtained a visa at the Pakistani embassy. The detainee then proceeded to Karachi, Pakistan.
  2. The detainee stayed at a safehouse near the main road to Quetta, Pakistan for two days, a safehouse in Quetta for over one month and a safehouse in Kandahar, Afghanistan for approximately one month.
b. Training
The detainee claimed to have received training in an unidentified house in Kandahar, Afghanistan.
c. Connections/Associations
  1. The detainee was arrested with a senior al Qaida member.
  2. The senior al Qaida member was an integral part of the al Qaida network responsible for moving Arabs to and from Afghanistan.
  3. Information strongly suggests that the detainee may be identifiable with senior personnel of al Wafa.

[edit] The following primary factors favor release or transfer:

a.

The detainee denied having any knowledge of the attacks in the United States prior to their executions on 11 September 2001 and also denied knowledge of any rumors or plans of future attacks on the United States or its interests.

b.

The detainee provided three reasons for his travel to Afghanistan: he wanted to defend himself against thieves, defend Saudi Arabia and learn how to shoot a weapon for the purpose of hunting.

c.

A foreign government delegation deemed the detainee to be of low intelligence or law enforcement value to the United States, and unlikely to pose a terrorist threat to the United States of its interests.

[edit] References

  1. ^ OARDEC (May 15, 2006). 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. Retrieved on 2007-09-29.
  2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  4. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
  5. ^ Summary of Evidence memo (.pdf) prepared for Abdul Hakim Abdul Rahman Abdulaziz Al Mousa's Combatant Status Review Tribunal - September 22, 2004 - page 211
  6. ^ (Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  7. ^ OARDEC (11 May 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mousa, Abdul Hakim Abdul Rahman Abduaziz pages 17-18. United States Department of Defense. Retrieved on 2007-11-09.
  8. ^ OARDEC (11 May 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mousa, Abdul Hakim Abdul Rahman Abduaziz pages 17-18. United States Department of Defense. Retrieved on 2007-11-09.
  9. ^ a b Redacted under (b)(1)
  10. ^ OARDEC. Summary of Administrative Review Board Proceedings for ISN 565 pages 62-63. United States Department of Defense. Retrieved on 2007-11-09.
  11. ^ OARDEC (20 July 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Mousa, Abdul Hakim pages 57-58. United States Department of Defense. Retrieved on 2007-11-09.