Mazin Salih Musaid
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| Mazin Salih Musaid | |
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| Born: | August 4, 1979 Medina, Saudi Arabia |
| Detained at: | Guantanamo |
| ID number: | 154 |
| Conviction(s): | no charge, held in extrajudicial detention |
| Status | Repatriated to Saudi custody on on July 16, 2007. |
| Occupation: | traffic policeman |
Mazin Salih Musaid is a Saudi Arabian citizen detained in the United States Guantanamo Bay Naval Base, in Cuba.[1] His Guantanmo Internee Security Number is 154. [2] The Department of Defense reports that he was born on August 4, 1979, in Medina, Saudi Arabia
Musaid's name came to light after Judge Jed S. Rakoff of the United States District Court for the Southern District of New York ordered the Department of Defense was to release documents from the Guantanamo detainees's Combatant Status Review Tribunals.[1] The Detroit Free Press noted him as one of the detainees who was held, in part, because he was wearing a Casio F91W digital watch.
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[edit] Identity
The US Department of Defense was forced, by court order, to release the names of the captives taken in the "war on terror" who were held in Guantanamo. On April 20, 2006 they released a list of 558 names, nationalities and ID numbers, of all the captives whose status as "enemy combatants" had been reviewed by a Combatant Status Review Tribunal.[3] Twenty-five days later they released a list of 759 names, nationalities, ID numbers, dates of birth, and places of birth, of all captives who had been held in military custody in Guantanamo.[2]
- A captive was named Mazin Salih Musaid Al Awfi on a Summary of Evidence memo prepared for his Administrative Review Board hearing on March 29, 2005.[4][3][2]
- However, on page 16 of the file that contained his Tribunal transcript Mazin was told his name matched one on a suspicious list. But when his interrogator showed him that list, the name that he was told he matched was Salah Al Awfi. He said his name was Mazin Salih Musaid, period.[5]
- A captive Saudi officials called Mazin Al Oufi was repatriated to Saudi Arabia on July 16, 2007.[6]
[edit] Combatant Status Review Tribunal
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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 a 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.
Musaid chose to participate in his Combatant Status Review Tribunal.[10]
[edit] Allegations
The allegations against Musaid were:[10]
- a The Detainee is associated with Al Qaida.
- Detainee’s name and telephone number were on a list of Al Qaida members that was discovered on a computer hard drive seized during raids on Al Qaida safe houses in Pakistan.
- Detainee, at capture, had in his possession a Casio watch, model # F-91W, which has been used in bombings linked to Al Qaida.
- Detainee stated he offered to help the Taliban.
- b Detainee actively participated in operationss.
- Detainee stated that he traveled to Afghanistan to fight the Jihad and fought with the Taliban in Kabul from June to December 2001.
- Detainee was captured on the Pakistan border, by border guards, and processed into United States custody in Kandahar
[edit] Testimony
Musaid asserted that there was a case of mistaken identity:
- "The name on that list was not my name, nor was the phone number. During on of these interrogations approximately one and half years ago, an interrogator showed me a list from the Al Qaida. He showed me a list of the names of people. The rest of the names were darkened out. When I looked at the name, I told the interrogator that is not my name. The name on the list was Salah Al Awfi. That was the name I saw on list, by name is Mazin Salih Musaid. My phone number is 831 2425. The telephone number on the list was not that number. The interrogator looked into this and came back to me and told me that Allah is with me, this is not your name."
Musaid is notable because one of the reasons he was detained was that he was captured wearing a Casio F91W digital watch.[1][11] He told his Tribunal:
- "I am a bit surprised as to this piece of evidence. Millions and millions of people have these types of Casio watches. If that is a crime, why doesn’t the United States arrest and sentence all the shops and people who own them. This is not a logical or reasonable piece of evidence, because I had a watch."
Musaid acknowledged offering to help the Taliban - but with humanitarian aid: “My departure was before any problems happened with America. If I had known, I would not have left.”
Translation errors marred understanding of how long Musaid was in Afghanistan. He said he left three months before Ramadan. He said he was there no more than four months, not the seven months the allegations against him claimed.
In answer to a question Musaid offered his definition of Jihad: "The term Jihad encompasses many things. One of them is fighting. Another thing is helping people. This includes all kind of help, for example, getting water or giving them food or any kind of humanitarian work."
[edit] White uniform
Mazin wore white to his Tribunal. "Compliant" captives are issued white uniforms. "Non-compliant"" captives are issued orange uniforms. He cited his white uniform was proof of his cooperation.
[edit] Administrative Review Board hearing
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.
The factors for and against continuing to detain Mazin Salih Musaid Al Awfi were among the 121 that the Department of Defense released on March 3, 2006.[4]
[edit] The following primary factors favor continued detention:
- a. Commitment
- Detainee stated that he traveled to Afghanistan for Jihad and fought with the Taliban in Kabul from June-December 2001.
- Detainee stated he paid, with his own money, the expenses for the trip to Afghanistan.
- Detainee was captured on the Pakistan border, by border guards and processed into United States custody in Kandahar.
- The detainee traveled to Kandahar, Afghanistan via Riyadh, Saudi Arabia; Damam, Saudi Arabia; Dubai, United Arab Emirates; Karachi, Pakistan; Quetta, Pakistan; and Kandahar, Afghanistan. From Kandahar, he traveled to Kabul, Afghanistan.
- b. Training
- The detainee stated that he was trained by the Saudi Arabian General Security Service in small arms and unit tactics, thus he did not need further training from the Taliban.
- Detainee was at the al Farouq training camp.
- c. Connection
- The detainee's name and telephone number were on a list of al Qaida members discovered on a computer hard drive seized during raids on al Qaida safe houses in Pakistan.
- The detainee's name and contact number were known to al Qaida.
- The detainee's uncle is a terrorist wanted for bombing attacks in Riyadh, Saudi Arabia in May 2003, and has been linked to an al Qaida weapons storage and document forging facility.
- The detainee was at the Nebras guest house in Kandahar. - This guest house was used by fighters heading to the al Farouq training camp and by Usama Bin Laden.
- d. Intent
- The detainee stated he offered to help the Taliban.
- e. Other Relevant Data
- The detainee, at capture, had in his possession a Casio watch, model # F-91W, which has been used in bombings linked to al Qaida.
[edit] The following primary factors favor release or transfer:
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a. When asked what his plans are for the future when he returns home, detainee stated: 1) Make up for the disappointment he has caused to his parents; 2) Help his (family's) brothers and sisters, 3) Get married and 4) Obtain a good job, possibly a government job or some other job of importance. b. When asked about his opinion about America, the detainee said that there were some good and some bad Americans, just as there is everywhere. There are some Americans that he would like to have as friends and some he would not like to have as friends. c. The detainee claims to have bought his Casio watch years before he left Afghanistan and did not know where he bought it specifically.
[edit] Transcript
Al Awfi chose to participate in his Administrative Review Board hearing.[13]
[edit] Responses to the factors
- Mazin disputed the dates listed in the allegations against him. He said he wasn't in Afghanistan for six months, but rather for three months.
- Mazin acknowledged paying his own travel expenses to Afghanistan
- Mazin testified he traveled to Pakistan in order to turn himself in, and get helpd returning to his own country.
- Mazin acknowledged receiving training from the Saudi Arabian General Security service.
- Mazin testified that one of his interrogators had shown him the name and phone number that was said to be his on the list from the captured al Qaida hideout. He said that neither the name, nor the phone number, was his.
- Mazin questioned whether, if his uncle really was a terrorist suspect that this implied he too had an association with terrorism. He said that if his uncle was suspected of crimes he hoped he was captured, given a fair trial, and, if guilty, punished.
- Mazin acknowledged staying, for a short time, in a guest house in Kandahar -- but he didn't know the house's name.
- Mazin confirmed that he offered help to the Taliban, but he added that he only offered humanitarian help.
- Mazin said he bought the Casio watch years before he traveled to Afghanistan.
- Mazin confirmed he thought there were good Americans and bad Americans. He added that he had made friends with some of the guards in the camp.
- Mazin said he camp record would confirm he had always been cooperative during his time in detention.
[edit] Assisting Military Officer's notes
After Mazin gave his response to the factors his Assisting Military Officer added points Mazin had made during his interview with him.
- He said their translator had explained that Mazin was concerned that the translated allegation had used the wrong form for his uncle -- Arabic has two separate words for uncle, one for one's mother's brothers; and one for one's father's brothers.
[edit] Response to Board questions
- Mazin clarified that there are many meanings to the word "jihad", beyond fighting -- good works, charitable works, also count as a kind of jihad.
- Mazin clarified that he had not fought with the Taliban. He acknowledged that, during his time in Kabul, he carried a weapon for approximately four days.
- Mazin repeated that sought out Pakistani officials as soon as he arrived, and turned himself in, so he could get help returning to Saudi Arabia.
- Mazin said he was transferred, from Pakistan, to US custody, with a big group of refugees.
- Mazin was asked if any of his family members had ties to al Qaida. Mazin echoed that the allegations against him said his uncle was a suspect. In addition he had a cousin who traveled to Afghanistan. He had visited his aunt, prior to his travel, and had agreed to look for him, and bring him back to Saudi Arabia. But he didn't find him. He had no idea if either his cousin or his uncle were involved with al Qaida.
- Mazin said the watch cost him forty-five Riyals.
- Mazin said he had worked as a traffic policeman in Saudi Arabia.
- Mazin said the last time he saw his uncle was 1420 in the Islamic calender. A note on the transcript says this would be 1999 in the Christian Era calendar.
- Mazin confirmed he and his uncle weren't close. They lived far apart, and that it would be fair to say his uncle had not had a big influence on his life.
- Mazin and his Presiding Officer had a long exchange about the unit tactics he learned when being trained to be a traffic policeman, where his Presiding Officer tried to explain what tactics were.
- Mazin confirmed he had never attended the al Farouq training camp
[edit] Press reports
On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[14]
The article informed readers:
More than a dozen detainees were cited for owning cheap digital watches, particularly “the infamous Casio watch of the type used by Al Qaeda members for bomb detonators.”
The article quoted Musaid, and three other watch owners:
:“Millions and millions of people have these types of Casio watches. If that is a crime, why doesn’t the United States arrest and sentence all the shops and people who own them? This is not a logical or reasonable piece of evidence.”
[edit] Repatriation
A captive Saudi officials identified as Mazin Al Oufi was repatriated to Saudi custody, with fifteen other men, on July 16, 2007.[6]
[edit] References
- ^ a b c Casios cited as evidence at Guantanamo, Detroit Free Press, March 10, 2006
- ^ a b c list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ a b list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ a b Factors for and against the continued detention (.pdf) of Mazin Salih Musaid Al Awfi Administrative Review Board - pages 99-100 - March 29, 2005
- ^ Summarized transcripts that addresses the allegation he was named on a suspicious list from Mazin Salih Musaid's Combatant Status Review Tribunal - page 16
- ^ a b Raid Qusti. "More Gitmo Detainees Come Home", Arab News, July 17, 2007. Retrieved on 2007-07-17.
- ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ^ 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.
- ^ a b Summarized transcripts (.pdf) from Mazin Salih Musaid's Combatant Status Review Tribunal - pages 14-26
- ^ Common Casio watch becomes evidence at Guantanamo
- ^ (Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12.
- ^ Summarized transcript (.pdf), from Mazin Salih Musaid's Administrative Review Board hearing - page 20
- ^ "Why Am I in Cuba?", [[Mother Jones (magazine)|]], July 12, 2006
