Difference between revisions of "Al Khadr Abdallah Muhammed Al Yafi"

Latest revision as of 00:00, 13 July 2012

Al Khadr Abdallah Muhammed Al Yafi is a citizen of Wikipedia:Yemen, held in Wikipedia:extrajudicial detention in the Wikipedia:United States Wikipedia:Guantanamo Bay detainment camps, in Wikipedia:Cuba.^[1] His detainee ID number is 034. Wikipedia:Joint Task Force Guantanamo Wikipedia:counter-terrorism analysts estimate Al Yafi was born in 1970, in Lawdar, Yemen.

Combatant Status Review Tribunal[edit]

Main article: Combatant Status Review Tribunal

CSRT notice read to a Guantanamo captive.

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 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 Tribunal. The Tribunals, however, were not authorized to determine whether the captives were Wikipedia: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.

Summary of Evidence memo[edit]

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi Combatant Status Review Tribunal, on Wikipedia:14 October Wikipedia:2004.^[2] The memo listed the following allegations against him:

a. The detainee is Wikipedia:associated with al Qaida:

1. Detainee traveled to Wikipedia:Afghanistan in 1999.
2. Detainee studied for six months at the Wikipedia:Dimaj Institute.
3. The Dimaj Institute is a known terrorist training center.
4. Detainee was in Wikipedia:Tora Bora.
5. Detainee was seen in Wikipedia:Kandahar circa 1999.
6. Detainee possibly was seen at the al-Zubayr guesthouse (associated with al Qaida) before 11 September 2001.
7. Detainee, reflecting on his time in Afghanistan, could not name one of the smaller villages or towns in which he claimed to have taught the Wikipedia:Koran, nor could he name one person he had met, including one of his students.
8. Detainee served in the Wikipedia:Yemeni military in the infantry unit from 1985-1987. He was trained to use the Kalashnikov rifle, handguns, and various other weapons.

Administrative Review Board hearings[edit]

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".^[3]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Wikipedia: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.

First annual Administrative Review Board[edit]

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi's first annual Administrative Review Board, on Wikipedia:22 September Wikipedia:2005.^[4] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:[edit]

a. Commitment

1. The detainee was seen in Wikipedia:Tora Bora.
2. The detainee was on the front line in Wikipedia:Kabul, Afghanistan.
3. The detainee fled Afghanistan in early December 2001, and was arrested when he crossed the border by Wikipedia:Pakistani border guards.

b. Training

1. The detainee served two and a half years in the Yemeni Army.
2. The detainee studied for six months at the Wikipedia:al Dimaj Institute.
3. The Dimaj Institute is a known terrorist training center.

c. Connections/Associations

1. A senior al Qaida Lieutenant recalled possibly seeing the detainee at the Wikipedia:al Zubayr guesthouse prior to the 11 September 2001 attacks.
2. A senior al Qaida commander recalled seeing the detainee in a Kabul, Afghanistan guest house.
3. A bodyguard of Wikipedia:Usama bin Laden saw the detainee at an Arab compound in Wikipedia:Kandahar, Afghanistan.
4. The detainee's name was found in a document listing al Qaida members.

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

The detainee stated he never fought against the Wikipedia:Northern Alliance, has never met Usama bin Laden and never attended the Dimaj institute.

Transcript[edit]

Al Khadr Abdallah Muhammed Al Yafi chose to participate in his first annual Administrative Review Board hearing.^[5]

Confusion[edit]

Al Khadr Abdallah Muhammed Al Yafi did not understand why he was being referred to as an enemy combatant.

Enemy Combatant election form[edit]

Al Khadr Abdallah Muhammed Al Yafi's Assisting Military Officer reported they met on Wikipedia:October 4 Wikipedia:2005 for 40 minutes. The Assisting Military Officer described him as "cooperative and very polite".

Response to the factors[edit]

Second annual Administrative Review Board[edit]

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi's second annual Administrative Review Board, on Wikipedia:19 May Wikipedia:2006.^[6] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:[edit]

a. Commitment

1. The detainee attended a mosque in Yemen and at various times listened to sermons urging Muslims to seek a better life for themselves. On one occasion the detainee listened to a sermon given by Wikipedia:Sheikh Wikipedia:Muqbil al Wadi.
2. The detainee said it was a tough decision but he decided to return home and sell his sheep so that eh could travel to Afghanistan to teach.

b. Training

1. The detainee attended army basic training in Aden, Yemen.
2. The detainee served two and a half years in the Yemeni army.
3. The detainee received training on the Wikipedia:Kalashnikov Template:sic (rifle), light arms, handguns and shoulder-fired weapons.
4. The detainee studied for six months at the Wikipedia:al Dimaj Institute in Wikipedia:Sadah, Yemen under Sheik Muqbuil al Wadi.
5. The al Dimaj Institute (Training Center) was used for indoctrination and recruiting grounds for foreign extremists/terrorists seeking entry into other paramilitary or jihad organizations.

c. Connections/Associations

1. The detainee met a Pakistani who spoke of traveling to Afghanistan to spread the word of Islam.
2. The detainee and the Pakistani flew to Pakistan through Wikipedia:Dubai, [[Wikipedia:United Arab Emirates. Upon arrival in Wikipedia:Karachi, Pakistan they rested at a place similar to a hotel for several days with other people the detainee did not know. After approximately one week in Karachi, they traveled by bus to Wikipedia:Quetta, Pakistan. They rented a taxi with other passengers and traveled to Afghanistan.
3. The detainee and the Pakistani traveled together for two years in Afghanistan.
4. A senior al Qaida lieutenant stated he recalled possibly seeing the detainee at the Wikipedia:al Zubayr guest house prior to the 11 September 2001 attacks.
5. A senior al Qaida commander recognized the detainee. He stated he recognized the detainee's face as a Yemeni he saw in the Wikipedia:Kabul guest house, probably in the 1999-2000 time frame.
6. A bodyguard of Usama bin Laden stated he saw the detainee (circa 1999) at an Arab compound in Kandahar, Afghanistan.
7. The detainee's name was found on a list of Wikipedia:324 Arabic names, aliases and nationalities recovered from a safe house connected with suspected al Qaida in Pakistan.

d. Other Relevant Data

1. The detainee fled Afghanistan in early December 2001. He joined a group of thirty-one Arabs guided by three guides to the Afghan/Pakistani border. He was arrested by Pakistani border guards.
2. The detainee said he traveled with a group of individuals through the mountains and valleys for many days.
3. The detainee was seen at Wikipedia:Tora Bora.

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

a.	The detainee stated his military service was compulsory.
b.	The detainee stated he went to Afghanistan to spread the word of Islami.
c.	The detainee said during his time in Afghanistan he never met Usama bin Laden, never heard him speak, and was not aware that Usama bin Laden was in any area the detainee visited.
d.	The detainee said he fled Afghanistan for his safety.
e.	The detainee stated he never fought against the Northern Alliance, has never met Usama bin Laden and never attended the al Dimaj Institute.
f.	The detainee denied he ever stayed or trained at any training camps while in Afghanistan.
g.	The detainee stated that the people responsible for the attacks of 11 September 2001 should all be killed because this goes against the teachings of the Koran.
h.	The detainee denies any knowledge about past or future attacks on the United States and its interests.

Habeas corpus petition[edit]

Al Yafi had a writ of Wikipedia:habeas corpus filed on his behalf in 2005.^[7]

Publication of captives' CSR Tribunal documents[edit]

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Wikipedia:Combatant Status Review Tribunals of 179 captives.^[8] Al Yafi's dossier was not among those the Department of Defense has published.

Military Commissions Act[edit]

The Wikipedia:Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.^[9]

Boumediene v. Bush[edit]

On Wikipedia:June 12 Wikipedia:2008 the Wikipedia:United States Supreme Court ruled, in Wikipedia:Boumediene v. Bush, that the Wikipedia:Military Commissions Act could not remove the right for Wikipedia:Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".^[10]

Habeas timeline[edit]

Wikipedia:George M. Clarke III swore a declaration on 9 September 2008, stating that Wikipedia:Alkhadr Al Yafie had signed the forms authorizing counsel to represent him in Wikipedia:habeas corpus petitions on 5 September 2005.^[7] Clarke swore that Al Yafie had verbally authorized him to represent him on various visits, including one on 26 March 2007.

On Wikipedia:July 9 Wikipedia:2008 Wikipedia:Brian C. Lewis submitted a "NOTICE REGARDING AN ISSUE RAISED IN THE COURT’S JULY 8 SCHEDULING CONFERENCE" concerning Al Yafi and four other captives.^[11] Lewis stated that Al Yafi's counsel were informed in early 2008 that he had been cleared for repatriation to Yemen. Lewis stated that Al Yafi does not object to repatriation to Yemen, where he believes his family will help him integrate back into normal civilian life.

On 18 July 2008 Clarke filed a status report on behalf of Al Yafi and another Yemeni captive.^[12] Clarke wrote that Al Yafi was currently held in Camp I Template:sic, that he had been cleared for release, and that his Tribunal records had not been produced, and that the Department of Justice had not filed a "factual return"

References[edit]

1. ↑ Wikipedia:OARDEC. List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. (PDF) Wikipedia:United States Department of Defense. URL accessed on 2007-09-29.
2. ↑ Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Al Yafi, Al Khadr Abdallah Muhammed. Wikipedia:United States Department of Defense. URL accessed on 2008-01-15.
3. ↑ Spc Wikipedia:Timothy Book (Friday Wikipedia:March 10 Wikipedia:2006). "Review process unprecedented". Wikipedia:JTF-GTMO Public Affairs Office. pp. pg 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. </li>
4. ↑ Wikipedia:OARDEC. Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yafi, Al Khadr Abdallah Muhammed. Wikipedia:United States Department of Defense. URL accessed on 2008-01-13.
5. ↑ Wikipedia:OARDEC. Summary of Administrative Review Board Proceedings of ISN 034. Wikipedia:United States Department of Defense. URL accessed on 2008-01-15.
6. ↑ Wikipedia:OARDEC. Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yafi, Al Khadr Abdallah Muhammed. Wikipedia:United States Department of Defense. URL accessed on 2008-01-13.
7. ↑ ^{7.0 7.1} Wikipedia:George M. Clarke III. Guantanamo Bay Detainee Litigation: Doc 402 -- Declaration of George M. Clarke III. Wikipedia:United States Department of Justice. URL accessed on 2008-11-13. mirror
8. ↑ Wikipedia:OARDEC. Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. Wikipedia:United States Department of Defense. URL accessed on 2007-09-29.
9. ↑ Wikipedia:Peter D. Keisler, Wikipedia:Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". Wikipedia:United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30. mirror </li>
10. ↑ Wikipedia:Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Wikipedia:Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24. mirror </li>
11. ↑ Wikipedia:Brian C. Lewis. Guantanamo Bay Detainee Litigation: Doc 20 -- NOTICE REGARDING AN ISSUE RAISED IN THE COURT’S JULY 8 SCHEDULING CONFERENCE. Wikipedia:United States Department of Justice. URL accessed on 2008-08-31. mirror
12. ↑ Wikipedia:George M. Clarke III. Guantanamo Bay Detainee Litigation: Doc 69 -- AL YAFIE AND AL BIHANI STATUS REPORT. Wikipedia:United States Department of Justice. URL accessed on 2008-11-13. mirror

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