Abdulrahim Kerimbakiev

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Abdulrahim Kerimbakiev (Абдулрахим Керімбақиев) is a citizen of Wikipedia:Kazakhstan held in Wikipedia:extrajudicial detention in the Wikipedia:United States Wikipedia:Guantanamo Bay detainment camps, in Wikipedia:Cuba. His Guantanamo Wikipedia:Internment Serial Number was 521. The Department of Defense reports that Kerimbakiev was born on January 4, 1983 in Semei, Kazakhstan.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press; three chairs were reserved for members of the press. In practice, most Tribunals went unobserved; the Tribunal only intermittently told the press that Tribunals were being held, and when they did they kept the detainee's identities secret. Only 37 of the 574 Tribunals were observed Navy photo by Photographer’s Mate 1st Class Christopher Mobley

Originally the Bush (WP) Presidency asserted that captives apprehended in the wars for capitalism and oil, known as the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. They were not offered the protections afforded by criminal law either, leaving them in a legal limbo through years of detention. Critics argued that the USA could not evade its obligations, and to keep the Geneva Conventions at arms' length, the concept of competent tribunals was invented, tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

The Department of Defense instituted the Combatant Status Review Tribunals (WP). The Tribunals, however, were not authorized to determine whether the captives were lawful combatants, again to avoid the Geneva Conventions standards -- 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, further attempting to institutionalize a standard that stood against the consensus of international law.

Critics mounted legal challenges to this policy. Justice James Robertson ruled that the United States was obliged under article 5 of the Wikipedia:third Geneva Conventionthird Geneva Convention to treat all prisoners as lawful combatants, who would be entitled to prisoner of war status, unless a "competent tribunal" had determined that they were not lawful combatants.

The policies of the tribunals themselves were also challenged by the Judicial branch. In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

The released prisoners are arrogantly, even absurdly called "No longer enemy combatants" (WP); an attempt to make numerous issues, including illegal arrest and holding without trial, disappear in plain sight.

Kerimbakiev chose to participate in his Wikipedia:Combatant Status Review Tribunal.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdul Rahim Kerimbakiev's Combatant Status Review Tribunal, on 22 September 2004.

The memo listed the following allegations against him:

a. The detainee is associated with Taliban and al Qaida:

1. The Detainee traveled to Kabul, Afghanistan from Kazakhstan in September, 2000.
2. Detainee’s travel route took him through Karachi, Islamabad and Peshawar, Pakistan and through Kandahar, Afghanistan.
3. The Detainee has family ties to known terrorists in Pakistan.
4. One of Detainee’s “family ties” is a member of a terrorist group responsible for attacks in Uzbekistan.
5. The Detainee resided in Taliban provided housing and worked as a cook in a Taliban camp.
6. The Detainee was captured in December 2001 at his house in Kabul.

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".

Following the Supreme Court's ruling that prisoners the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants. Gul attended his Combatant Status Review Tribunal.

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board (WP) hearings. The US government, careful to avoid the standards of international law, made a point of declaring that Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, as this would have invoked the Geneva Convention standards. They further distanced the ARB boards from international consideration by distancing the ARB boards from the CSRT and the government's own definition of "enemy combatant", by not authorizing the ARB boards to review whether a detainee should have been classified as an "enemy combatant".

They were set on a purely opportunistic venture to assess the government's self interest, in the manner of the villain holding a gun to a hostage's head and saying, "don't make me do this". "If we do the right thing and release these prisoners, the board asked, "will we be inconveniencing ourselves?" And so they considered 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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdulrahim Kerimbakiev's first annual Administrative Review Board, on May 2, 2005.

The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Commitment

1. The detainee traveled to Kabul, Afghanistan from Kazakhstan in September 2000.
2. Detainee's travel route took him through Karachi, Islamabad and Peshawar, Pakistan and through Kandahar, Afghanistan.
3. The detainee was recruited by the Taliban in Kazakhstan.
4. The detainee was captured in December 2001 at his house in Kabul, Afghanistan.

b. Connections/Associations

1. The detainee has family ties to known terrorists in Pakistan.
2. One of the detainee's "family ties" is a member of a terrorist group responsible for attacks in Uzbekistan.
3. The detainee is a member of the Eastern Turkestan Islamic Party/Movement (ETIP/ETIM).
4. The detainee and his family were financially supported by the Taliban and resided in Taliban provided housing. In October 2001, the detainee departed Kabul, Afghanistan to work as a cook at a Taliban Military Camp.
5. The detainee and the individuals he traveled with, chose a cover story for their recruitment in Kazakhstan.

c. Other Relevant Data

Anti-Taliban Forces in Kabul, Afghanistan captured the detainee and seven other al Qaida members; there were also 3 anti-aircraft missiles confiscated at the time.

The following primary factors favor release or transfer:

The detainee denied having any terrorist affiliation or information about terrorist activities directed or planned against the United States. He further denied knowing about anyone possibly having such information.

Missing transcript

Kerimbakiev had agreed to cooperate in an interview with his Assisting Military Officer, but he chose not to attend his Administrative Review Board hearing. His Assisting Military Officer submitted a summary of his interview with Kerimbakiev to the Board. The Department of Defense did not include that summary together with the transcript that mentions it.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdulrahim Kerimbakiev's second annual Administrative Review Board, on 8 April 2006. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Commitment

1. The detainee and his family departed Kazakhstan for Afghanistan in September 2000. They traveled from Kazakhstan to Kabul, Afghanistan via Karachni, Islamabad, and Peshawar, Pakistan and then through Kandahar, Afghanistan.
2. The detainee and his family lived in Kabul, Afghanistan in a house assigned to them by Taliban officials.
3. In Kabul, Afghanistan the Taliban supported the detainee's entire family financially for thirteen months while the detainee and his three brothers studied the Koran full-time at a nearby mosque.
4. In Kabul, Afghanistan the detainee and a friend worked as assistant cooks with the Taliban for 10 Afghani Rupees twice per month.

b Connections/Associations

1. The detianee's uncle worked for the Taliban as a simple soldier.
2. The detainee and his friend were offered jobs as Taliban cooks by an associate fo the detainee's uncle.
3. According to a foreign government service, the detainee was a first-generation member of extremists associated with a criminal/jihadist group in Almaty, Kazakhstan who left Kazakhstan for Afghanistan circa 2001.
4. According to a foreign government service, the detainee traveled to Afghanistan to join the Eastern Turkestan Islamic Party/Movement leader to become a terrorist.
5. The Department of Homeland Security lists the Eastern Turkistan Islamic Movement as a foreign terrorist organization. It is described as a small Islamic extremist group based in China's western Xinjiang Province and it is one of the most militatn of the ethnic Uighur separatist groups. This group is suspected of having received training and financial Assistance from al Qaida.

c. Intent

The detainee renounced his Kazak citizenship, stating that he abandoned it when he moved to Afghanistan. The detainee stated that if he was released he would attempt to move to Wikipedia:Mecca, Saudi Arabia.

d. Other Relevant Data

1. The detainee was captured by United Islamic Front for the Salvation of Afghanistan troops on 2 December 2001, during Ramadan, in Sharakambar, Kabul district, Afghanistan.
2. The detainee was captured in a group of eight people assessed to be al Qaida members.
3. When asked what his thoughts were regarding the attacks on America, the detainee laughed and smiled.
4. The detainee has a history of being non-cooperative and has stated to previous interrogators that he is proud of himself for resisting during questioning.

The following primary factors favor release or transfer:

a. The detainee stated that he chose to travel to Afghanistan from Kazakhstan because he was promised money and food. While in Afghanistan the detainee made money growing and selling marijuana.

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

c. The detainee claimed he is not a member of the Islamic Movement of Uzbekistan or the Islamic Movement of Tajikistan.

d. The detainee denied having any terrorist affiliation or information about terrorist activities directed or planned against the United States. The detainee further denied knowing about anyone possibly having such information.

e. The detainee stated that he did not take part in any military activities in Afghanistan.

Release

The Wikipedia:Associated Press reports that three of the four Kazakh detainees in Guantanamo were repatriated and set free. According to the Herald Magrupov, Wikipedia:Ihlkham Battayev and Yakub Abahanov were the three released men.

Wikipedia:Wikipedia:Carol Rosenberg, writing in the Wikipedia:Wikipedia:Miami Herald reported that "Abdulrahim Kerimbakiev" and two other men were repatriated on 4 November 2008.

Abdulrahim Kerimbakiev was repatriated to Kazakhstan. Muhamed Hussein Abdallah was repatriated to Somaliland, and Zainulabidin Merozhev was repatriated to Tajikstan.

Abdulrahim Kerimbakiev was repatriated around 4 November 2008. Wikipedia:Carol Rosenberg, writing in the Wikipedia:Miami Herald, quoting his lawyer Wikipedia:Robert Weiner, reported he "is safe with his family."

Wikipedia:Tajikistani captive Zainulabidin Merozhev, transferred at the same time, was identified in a notice filed in Wikipedia:Henry H. Kennedy's court in Washington DC.

See also

Wikipedia:Portal:Biography

• Wikipedia:Minors detained in the War on Terror
• Wikipedia:Terrorism in Kazakhstan
• Muhamed Hussein Abdallah
• Zainulabidin Merozhev

References

External links

• Release of three prisoners highlights failures of Guantánamo Andy Worthington

Wikipedia:Template:WoTPrisoners