Abdul Raham Houari

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Abdul Raham Houari and Sofiane Haderbache are two names Joint Task Force Guantanamo analysts used to refer to a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internee Security Number is 70. The Department of Defense (DoD) reports that he was born on January 18, 1980, in Algiers, Algeria.

In December 2007, he slashed his throat while in the shower, in an attempt to kill himself.

Abdul Raham Houari was transferred to Algeria on July 2, 2008.

Identity

Captive 70 was named inconsistently on official DoD documents:

• Captive 70 was named Houari on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal.
• Captive 70 was named Sofiane Haderbache on the Summary of Evidence memo prepared for his first annual Administrative Review Board.
• Captive 70 was named Abdul Raham Houari on the official list of the captives who had their "enemy combatant" status reviewed by a Combatant Status Review Tribunal, released on April 20, 2006; the official list of all the captives who had been held in Guantanamo, released on May 15, 2006; five further official lists of documents released on September 4, 2007.
• Captive 70 was named Abdul Raham Houari / Haderbache Sofiane on an official list of the captives whose Summary of Evidence memos prepared for the first annual Administrative Review Board hearings, also released on September 4, 2007.

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.Template:POV-section

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 tribunal 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.

Allegations

The allegations captive 70 faces, during his Tribunal, were::

a. The detainee was a member of al Qaida

1. The detainee's travels from France to Afghanistan were facilitated by Al-Qaida members.
2. He trained at the Malik training camp in Afghanistan.
3. The detainee received training in small arms, RPGs and combat tactics.
4. He stayed in a house with others undergoing training and all were armed including the detainee.

b. The detainee engaged in hostilities against US Forces

1. When the US Bombing began, the detainee fled to the mountains.
2. He was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
3. The detainee stated he would kill Americans if released.

Transcript

Captive 70 chose to participate in his Combatant Status Review Tribunal.

Captive 70 said he had been a resident of London prior to traveling to Afghanistan.

He said he had traveled to Afghanistan for religious study. He paid for his own travel. He acknowledged having an AK47. But he had to buy it. It wasn't given to him.

He denied fighting either the Americans or the Northern Alliance.

Administrative Review Board hearing

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".

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.

Two copies of the Summary of Evidence memo, prepared for Captive 70's Administrative Review Board, were released, on March 3 2006 and September 4, 2007.

The following primary factors favor continued detention

a. The detainee was a member of Al Qaida.

1. The detainee’s travels from France to Afghanistan were facilitated by Al Qaida members.
2. The detainee trained at the Malik training camp in Afghanistan.
3. The detainee received training in small arms, RPGs and combat tactics.

b. The detainee engaged in hostilities against US forces.

1. The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
2. The detainee stated he would kill Americans if released.
3. The detainee sustained significant combat related injuries.
4. Based upon a review of recommendations from US government agencies and classified and unclassified documents, detainee is regarded as a continued threat to United States and its allies.
5. Detainee’s Conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guard’s instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked.
6. Detainee states that he supports the Taliban belief in a true and complete Islamic state that enforces Islamic law. Detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight jihad with the Taliban. He believes that America is an enemy to Islam.

The following primary factors favor release or transfer

a.	Medical Condition: Detainee’s recorded behaviors, medication history, and utilization pattern of psychiatric services suggest this detainee is regressing.
b.	In his own oral testimony, detainee has repeatedly denied membership to any terrorist group and claimed he did not participate in any fighting and would not kill Americans.

Transcript

Captive 70 chose to participate in his Administrative Review Board hearing.

Enemy Combatant election form

Captive 70's Assisting Military Officer reported on the notes from the Enemy Combatant election form prepared during his pre-hearing interview. They met twice, on December 15, 2005 and December 23, 2007.

Captive 70's statement

Captive 70's Assisting Military Officer helped him prepare a statement in response to the factors favoring his continued detention.

Captive 70's Assisting Military Officer prefaced that statement with a note that Captive 70 had previously requested his Combatant Status Review Tribunal refrain from contacting the Algerian government, while attempting to contact potential witnesses, because that contact could put his potential witnesses at risk. Captive 70 made the same request about contacting the Saudi Arabian government.

Response to the factors

Captive 70's Assisting Military Officer read out the responses captive 70 offered during the pre-hearing interviews.

• Captive 70 denied being a member of al Qaeda. He denied any knowledge of al Qaeda prior to his capture.
• Captive 70 clarified that he did not attend the Malek training camp. Rather he said he had stayed at a guest house in Malek, where he received some small arms training.
• Captive 70 denied engaging in hostilities against US Forces.
• In response to the factor that he was captured after being injured by a comrade accidentally detonated a grenade, captive 70 said he was injured when he was sleeping.
• Captive 70 denied stating he would kill Americans if released.
• Captive 70 disputed the description that his injuries were combat related.
• In response to the factor that a review of classified and unclassified documents suggested he represented a continued threat to the USA captive70 stated: "I never had any intention of being a threat then or now."
• Captive 70 disputed being non-compliant. He pointed out that he was still under medication for his head injury. He stated that he removed his clothes because he got headaches.
• Captive 70 completely denied the statement of support recorded in his factors.

When his Assisting Military officer completed reading out captive 70's response to the factors his Assisting Military Officer suggested his Board ask him if he wanted to give an oral statement. Captive 70 then declined to make an oral statement.

Response to Board questions

Captive 70 was asked a single question.

Presiding Officer:	I have one question for you. Why should this board determine that you are not a threat and release you?
Captive 70:	I did not intend to commit any crimes. I did not intend any harm or crimes.

Confirmation of his name

Captive 70's transcript records that he confirmed the correct spelling of his name. The transcript does not record what that spelling was.

Release or repatriation

Captive 70's first annual Administrative Review Board recommended, on April 11, 2005, that he should be released or transferred. His decision recommendation memos were heavily redacted. But they included the information that no foreign intelligence services had any reason to suggest he was a threat.

On July 3, 2008 Carol Rosenberg of the Miami Herald reported that Abdul Raham Hourari and another Algerian, Mustafa Hamlily were repatriated on July 2, 2008.

On July 29, 2008 it was reported that one of the after-effects of his detention was that he was afraid to leave his house.

References

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