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Assem Matruq Mohammad al Aasmi

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Assem Matruq Mohammad al Aasmi

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Template:Infobox WoT detainees

Assem Matruq Mohammad Al Aasmi is a citizen of Wikipedia:Saudi Arabia currently held in Wikipedia:extrajudicial detention in the Wikipedia:United States Wikipedia:Guantanamo Bay detention camps, in Wikipedia:Cuba.[1] His Guantanamo Wikipedia:Internment Serial Number is 49.

As of today Assem Matruq Mohammad al Aasmi has been confined in the Guantanamo camps for Template:For year month day, he arrived there on January 23, 2002.[2][3][4]

Combatant Status Review Tribunal

[[Wikipedia:Image:Trailer where CSR Tribunals were held.jpg|thumb|Wikipedia:Combatant Status Review Tribunals were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.[5][6] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[7]]]

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.[8] 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 Combatant Status Review Tribunals (WP). 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Assem Matruq Mohammad Al Aasmi's Combatant Status Review Tribunal, on 16 August 2004.[9] The memo listed the following allegations against him:

  • The detainee is an al-Qaida fighter:
  1. The detainee admitted he traveled from Palestine to Afghanistan the summer of 2001.
  2. The purpose of the detainee's travel to AF was to participate in the jihad.
  3. When the detainee arrived in AF, he attended the Al Farouq training camp.
  4. At the Al Farouq training camp, the detainee learned how to use the Kalishnakov rifle, a rocket propelled grenade (RPG), a handgun and a "Biki" rifle.
  5. Following the 9-11 attacks, the detainee fled to Khost, AF, where he hid in a tent marked with a "Red Cross" symbol.
  6. While in Khost, AF, another al-Qaida fighter mishandled a hand grenade, which exploded and severely wounded the detainee.
  7. The detainee was smuggled into Pakistan for medical treatment. He was then arrested by Pakistani authorities and turned over to U.S. forces.


Transcript

Al Aasmi chose to participate in his Combatant Status Review Tribunal.[10]

Habeas petition

Captive 49 had a Wikipedia:habeas corpus petition published on his behalf. But, although the Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.[11]

In July 2008 the US District Court ruled that his habeas petition was Wikipedia:moot.[12]

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 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.

The factors for and against continuing to detain Al Aasmi were among the 121 that the Department of Defense released on March 3, 2006.[13]

The following primary factors favor continued detention

a. Commitment
  1. The detainee admitted he traveled from Wikipedia:Palestine to Afghanistan (AF) in the summer of 2001.
  2. The purpose of the detainee's travel to AF was to participate in the Wikipedia:Jihad.
  3. The detainee admitted that he was convinced to go to Afghanistan by an individual who might be a recruiter for Wikipedia:al Qaida.
b. Training
  1. When the detainee arrived in AF, he attended the Wikipedia:al Farouq training camp.
  2. At the al Farouq training camp, the detainee learned how to use the Wikipedia:Kalishnikov Template:Sic rifle, a Wikipedia:rocket propelled grenade (RPG), a handgun and a "Biki" rifle.
c. Intent
  1. The detainee admits that he supports the actions of Wikipedia:Usama Bin Ladin and others who commit acts of terrorism.
  2. The detainee stated that he moderately supports the beliefs and actions of the Wikipedia:Taliban.
  3. The detainee admitted that he has lied on previous interviews with interrogators.


The following primary factors favor release or transfer

Detainee stated during his CSRT that he "was not an Enemy Combatant to Americans." He alleges that he never went from Pakistan to Saudi Arabia and to Afghanistan for Wikipedia:Jihad; his intention was not for fighting. He went on to say that "My faith does not allow me to go all the way to Afghanistan to do Jihad before doing my duty in my home country".Template:Sic


Transcript

Al Aasmi chose to participate in his Administrative Review Board hearing.[14]

References

  1. List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. Wikipedia:United States Department of Defense. URL accessed on 2006-05-15.
  2. Wikipedia:JTF-GTMO. Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba. Department of Defense. URL accessed on 2008-12-22. mirror
  3. Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version). Wikipedia:Center for the Study of Human Rights in the Americas, from DoD data. Archived from source 2009-12-21.
  4. "Guantanamo Docket: Assem Matruq Mohammed al-Asmi". Wikipedia:New York Times. 2008-11. http://projects.nytimes.com/guantanamo/detainees/49-assem-matruq-mohammad-al-aasmi. Retrieved 2010-03-30. </li>
  5. Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:New York Times, November 11, 2004 - mirror
  6. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Financial Times, December 11, 2004
  7. Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.
  8. "Q&A: What next for Guantanamo prisoners?". Wikipedia:BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror </li>
  9. Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Al Aasmi, Assem Matruq Mohammad. Wikipedia:United States Department of Defense. URL accessed on 2008-03-01.
  10. Summarized transcripts (.pdf), from Wikipedia:Assem Matruq Mohammad Al Aasmi's Wikipedia:Combatant Status Review Tribunal - pages 1-8
  11. Wikipedia:OARDEC. Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. Wikipedia:United States Department of Defense. URL accessed on 2007-09-29.
  12. Guantanamo Bay Detainee Litigation: Doc 212 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386. Wikipedia:United States Department of Justice. URL accessed on 2008-08-13.
  13. Factors for and against the continued detention (.pdf) of Wikipedia:Assem Matruq Mohammad Al Aasmi Wikipedia:Administrative Review Board - page 93
  14. Summarized transcript (.pdf), from Wikipedia:Assem Matruq Mohammad Al Aasmi's Wikipedia:Administrative Review Board hearing - page 20
  15. </ol>

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