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Khaled Ben Mustafa

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Khaled Ben Mustafa is a citizen of Wikipedia:France who was formerly held in the Wikipedia:United States Wikipedia:Guantanamo Bay detainment camps, in Wikipedia:Cuba.[1] The Department of Defense reports that Mustafa was born on January 9, 1972, in Wikipedia:Lyon, Wikipedia:France. His Guantanamo Wikipedia:Internment Serial Number was 236.

Although originally convicted in France, his trial was overturned and he was released in February 2009.[2] On February 17, 2010, the Court of Cassation, a higher court, ordered a re-trial of Khaled Ben Mustafa and four other men.[3]

On January 18, 2012, Wikipedia:Sophie Clement, the investigating magistrate in Ben Mustafa's case, requested permission from the USA to travel to Guantanamo to investigate the claims Ben Mustafa and other men had made that they were tortured there.[4]

Official status reviews[edit]

Combatant Status Review Tribunal[edit]

Initially the Bush administration asserted that they could withhold all the protections of the Wikipedia:Geneva Conventions to captives from Wikipedia: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 Wikipedia:competent tribunals to determine whether captives are, or are not, entitled to the protections of Wikipedia:prisoner of war status.

Subsequently the Department of Defense instituted the Wikipedia: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 Wikipedia:enemy combatant.

To comply with a Wikipedia:Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a Wikipedia:court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Khaled Ben Mustafa was one of those 169 detainees.[5]

All 572 Summary of Evidence memos were re-released in early September 2007, with their names in the clear.[6] The memo listed the following allegations against him:

a. The detainee is a member of al Qaida and supported military operations against the United States or its coalition partners:
  1. In July 2001, and using a falsified Pakistani travel visa, the detainee traveled from France to London to Pakistan and finally into Jalalabad, Afghanistan.
  2. The detainee traveled with other al Qaida recruits, but they were instructed to "ignore each other during the voyage."
  3. When the detainee arrived in Jalalabad, he and his traveling companions were sent to the "House of the Algerians."
  4. While at this location, an instructor showed the detainee how to de-assemble nd re-assemble a Kalashnikov.
  5. In August 2001, the detainee left by taxi for Kandahar, Afghanistan, via Kabul, to begin their training.
  6. The detainee waited for ten days in Kandahar so that a larger group of around thirty people could jointly undergo training, but soon traveled back to Jalalabad.
  7. In November, as the city of Jalalabad was falling, the detainee escaped to the Tora Bora Mountains and remained there during the bombardment by coalition forces.
  8. The Pakistani Military Authorities arrested the detainee as he and a group of other men were trying to cross the border from Afghanistan into Pakistan.



Formerly secret Joint Task Force Guantanamo assessment[edit]

On April 25, 2011, whistleblower organization Wikipedia:WikiLeaks published formerly secret assessments drafted by Wikipedia:Joint Task Force Guantanamo analysts.[7][8][9] Ben Mustafa assessment was three pages long, and recommended transfer to another country.[10] His assessment was signed by camp commandant Wikipedia:Jay W. Hood.

Testimony[edit]

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

Return to France[edit]

Mustafa has been returned to France.

Comments on the June 10, 2006 simultaneous dead of three Guantanamo detainees[edit]

On June 23, 2006 Mustafa wrote about the deaths of the three detainees Wikipedia:Mana Shaman Allabardi al Tabi, Wikipedia:Yasser Talal al Zahrani and Wikipedia:Ali Abdullah Ahmed who died on June 10, 2006 in Guantanamo.[11] Mustafa knew all three men. He said Yasser had invited him to visit him, in Saudi Arabia, once they were released. This suggested to Mustafa that Yasser really didn't commit suicide. Mustafa said all three men had memorized the entire Wikipedia:Koran.

Main article: Wikipedia:Guantanamo Bay homicide accusations


Formerly secret Joint Task Force Guantanamo assessment[edit]

On April 25, 2011, whistleblower organization Wikipedia:WikiLeaks published formerly secret assessments drafted by Wikipedia:Joint Task Force Guantanamo analysts.[7][8][9] Ben Mustafa assessment was three pages long, and recommended transfer to another country.[10] His assessment was signed by camp commandant Wikipedia:Jay W. Hood.

French trial[edit]

Khaled Ben Mustafa, and four other French citizens, were convicted in 2007 of "criminal association with a terrorist enterprise."[12] They had their convictions overturned on appeal on February 24, 2009.

Their convictions were overturned because they were based on interrogations conducted in Guantanamo, and the interrogations were conducted by French security officials, not law enforcement officials.


On February 17, 2010, a higher court of appeals, the Court of Cessations, re-instated the charges against the six men.[3] On January 20, 2011, Mustafa`s lawyers cited diplomatic cables published by whistleblower organization Wikipedia:WikiLeaks which they argued showed inappropriate cooperation between French and American officials.[13] On January 18, 2012, Wikipedia:Sophie Clement, the Chief Investigating Magistrate in the six mens' case, requested permission to go to Guantanamo, to investigate the claims of Ben Mustafa and the other men that they had been tortured. She requested access to the internal documents about the men. [4] According to the Wikipedia:Associated Press,

Wikipedia:Philippe Meilhac, Ben Mustafa's lawyer, described Clement's request as "unprecedented":
“This [request] is unprecedented. But it’s normal that the judge leading the investigation approach those concerned at Guantanamo to verify these claims.”[4]

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External links[edit]

References[edit]

  1. ↑ list of prisoners (.pdf), Wikipedia:US Department of Defense, May 15, 2006
  2. ↑ "Terror convictions overturned in France". Wikipedia:New York Times. 2009-02-24. http://www.nytimes.com/2009/02/25/world/europe/25france.html?_r=1. Retrieved 2012-07-24. </li>
  3. ↑ 3.0 3.1 Nicolas Vaux-Montagny (2010-02-17). "France orders 5 former Gitmo inmates back to court". Wikipedia:Associated Press. Archived from the original on 2010-02-17. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5glw9fmMmPBK6o3H7k_lzmjIR4rBwD9DU5QC00&date=2010-02-17. </li>
  4. ↑ 4.0 4.1 4.2 "French judge seeks access to Guantanamo amid torture probe". Wikipedia:France 24. 2012-01-18. http://www.france24.com/en/20120118-france-judge-guantanamo-bay-prison-investigation-torture-rape-clement-usa-afghanistan. Retrieved 2012-07-24. "The magistrate is looking to shed light on possible acts of torture during the detention at Guantanamo of defendants Mourad Benchellali, Nizar Sassi and Khaled Ben Mustapha, and would potentially include questioning of US military personnel. "This [request] is unprecedented," said Philippe Meilhac, the lawyer for former prisoner Khaled Ben Mustapha. "But it’s normal that the judge leading the investigation approach those concerned at Guantanamo to verify these claims.”" </li>
  5. ↑ Summary of Evidence memo (.pdf) prepared for Khaled Ben Mustafa's Wikipedia:Combatant Status Review Tribunal - November 18, 2004 - page 166
  6. ↑ Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Mustafa, Khaled Ben. Wikipedia:United States Department of Defense. URL accessed on 2007-11-16.
  7. ↑ 7.0 7.1 Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". Wikipedia:The Telegraph (UK). Archived from the original on 2012-07-13. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=2012-07-13. Retrieved 2012-07-13. "The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website." </li>
  8. ↑ 8.0 8.1 "WikiLeaks: The Guantánamo files database". Wikipedia:The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10. </li>
  9. ↑ 9.0 9.1 "Guantanamo Bay detainee file on Khaled Ben Mustafa, US9FR-000236DP, passed to the Telegraph by Wikileaks". Wikipedia:The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8477088/Guantanamo-Bay-detainee-file-on-Khaled-Ben-Mustafa-US9FR-000236DP.html. Retrieved 2012-07-24. </li>
  10. ↑ 10.0 10.1 Wikipedia:Jay W. Hood (2004-03-27). "Recommendation for Transfer out of DoD Control (TRO) for Guantanamo Detainee, ISN US9FR=000236DP". Wikipedia:Joint Task Force Guantanamo. http://wikileaks.ch/gitmo/pdf/fr/us9fr-000236dp.pdf. Retrieved 2012-07-24. Template:commons-inline </li>
  11. ↑ Statement from Khalid Ben Mustapha on the Guantanamo Deceased, Wikipedia:cageprisoners.com, June 23, 2006
  12. ↑ "Paris Court Acquits Former Guantanamo Detainees". Wikipedia:Huffington Post. 2009-02-24. http://www.huffingtonpost.com/2009/02/24/paris-court-acquits-forme_n_169433.html. Retrieved 2009-02-24. </li>
  13. ↑ Pierre-Antoine Souchard (2011-01-20). "Lawyers for former Guantanamo inmates cite WikiLeaks cables in French terrorism trial". Wikipedia:Minneapolis Star Tribune. http://www.startribune.com/templates/Print_This_Story?sid=114297149. Retrieved 2012-07-24. "In one March 2005 cable, French investigators told American officials that the cases against two of the ex-Guantanamo inmates, Ridouane Khalid and Khaled Ben Mustafa, "would be much more difficult" than for other French former inmates of the prison. The cable was among many released recently by WikiLeaks." </li> </ol>

Wikipedia:Wikisource:List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 Wikipedia:Template:FrenchTerrorism

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