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Muhamed Hussein Abdallah
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Muhamed Hussein Abdallah (Template:lang-so) is a citizen of Wikipedia:Somalia who was 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 was 704.
Muhamed Hussein Abdallah was captured in Pakistan in May 2002 and was transferred to Somaliland on November 4, 2008.[2]
Although JTF-GTMO analysts estimated he was born in 1983, he testified that he was a grandfather who was over 60 years old.
The Department of Defense exhausted its legal appeals and was forced to release a list of the names, ages and nationalities of all the Guantanamo detainees who had been held in military custody.[1]
That list states an estimated year of birth for Abdallah of 1983. Yet Abdallah's testimony refers to his children and grandchildren.[3]
The official list states Abdallah was born in Wikipedia:Burao, Wikipedia:Somaliland.
This article may contain material from Wikipedia An article on this subject has been redirected to another page on WP: Muhamed Hussein Abdallah Current versions of the GNU FDL article on Wikipedia may contain information useful to the improvement of this article |
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Contents
Combatant Status Review
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.[7]
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.
Abdallah chose to participate in his Wikipedia:Combatant Status Review Tribunal.[3]
Abdallah was among the 60% of prisoners who participated in the tribunal hearings.[8] A Summary of Evidence memo was prepared for the tribunal of each detainee. The memo for his hearing lists the following allegations:[9]
Allegations
- a The detainee is associated with the Taliban or associated with Al Qaida forces, which are engaged in hostility with the United States.
- The detainee is a Somali who lives in Peshawar, Pakistan under the United Nations Refugee status.
- The detainee provided information on several non-government organizations.
- The detainee was arrested in a raid on suspected Al Qaida residences and support facilities connected with the Afghan Support Committee (ASC).
- ASC is listed on the United States Secretary of States terrorist exclusion list as an organization who is engaged in terrorist activities.
- The detainee was a resident of Jolazai refugee camp.
- Arab militants have been associated with the Jolazai refugee camp since the 1980's when it was a reception station in the North West Frontier Providence, where newly arrived recruits would receive training prior to being sent to fight the Soviet troops.
- Militants associated with Osama bin Laden’s organization were traveling through the Jolazai refugee camp in route to India.
Summary of Evidence memo
A Summary of Evidence memo was prepared for Muhamed Hussein Abdallah's Combatant Status Review Tribunal, on Wikipedia:10 December Wikipedia:2004.[9]
Transcript
Abdallah chose to participate in his Wikipedia:Combatant Status Review Tribunal.[3]
On March 3, 2006, in order to comply with a Wikipedia:court order, the Department of Defense released a 13 page summarized transcript from his Tribunal.
Testimony
- Abdallah left Somalia in 1967. He has eleven children. He returned to Somalia three or four times.
- He became a refugee in 1993.
- His son-in-law, Mohammed Sulaiman is also a detainee.
- He called a witness, Wikipedia:Abu Mohammed. A co-worker. They worked for the Wikipedia:Red Crescent. Authorities picked up most of the people that worked for this organization at the same time.
- He also asked for a witness named Wikipedia:Fethi Boucetta.
- He denied ever working for the Afghan Support Committee. His son-in-law used to work with them. He said four other people who worked for the ASC were brought to Guantanamo, and three of them had already been released, while the fourth had been told he would probably be released soon.
- He denied being loaned the house he lived in by any terrorist organization, or anyone at all. He rented it.
- The director of the Jolazai refugee camp became the Minister of Education in Karzai’s government
Called to testify for Fethi Boucetta
Another Guantanamo detainee, Fethi Boucetta, had initially requested Abdallah testify on his behalf during his Tribunal.[10] Shortly before his Tribunal Boucetta decided not to attend. He decided to rescind his request for Abdallah to testify on his behlf.
Administrative Review Board hearing
Following the Supreme Court's ruling that prisoners the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[7] Gul attended his Combatant Status Review Tribunal.[12]
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.[13] 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.[14]
A Summary of Evidence memo was prepared for
Muhamed Hussein Abdallah's Administrative Review Board, on 26 July 2005.[15]
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
- a. Connections/Associations
- The detainee was employed as an Arabic language instructor by a number of NGO's such as the Kuwaiti based Lajnat Al Da'wa, the Saudi based Hiyat Al Ighatha, and the Saudi Red Crescent Society (SRCS).
- Seniot officials of the SRCS were involved in money laundering operations aimed at assisting Pakistani-based extremist organizations.
- The detainee taught Arabic Studies at the Institute of Hira in Peshawar. The Institute received its funding from the Kuwaiti based Lijnat Al Dawa Al Islamia NGO.
- Lajnat Al Daawa Al Islamiya is an NGO operating in Afghanistan that may be affiliated with Usama bin Laden and al Qaida operations.
- The detainee stated that he knew Abu Idriss, a know al Qaida member and suspected facilitator from the Kuwaiti school where he taught.
- The detainee was identified by a senior al Qaida lieutena as being at an al Qaida guesthouse for visitors in Afghanistan prior to 11 September 2001. The detainee wanted to meet Usama ibn Laden to ask for help in his home country.
- On 27 May 2002, the detainee was detained during raids against suspected al Qaida residences and support facilities connected ot the Afghan Support Committee (ASC).
- The detainee was arrested in the residence associated with Abdallah Abd Al Wali, a Somali working as the director of the ASC Education Department.
- The ASC is listed on the United States Secretary of State's Terrorist Exclusion List as an organization which is engaged in terrorist activities.
- b. Other Relevant Data
- The detainee claimed he was unemployed from 1993 to 2000. The detainee could not explain how he supported his family during this time period. The one comment he made was that "God provides" and that his eldest two daughters who live in Canada and Saudi Arabia sent him money.
The following primary factors favor release or transfer
- a. The detainee claims he was never told by Pakistani authorities the reason he was arrested.
- b. The detainee claims to have no knowledge of Red Crescent money being used to fund terrorist activities.
- c. The detainee deined having any knowledge of the attacks in the U.S. prior to their execution on September, 11th 2001.
- d. The detainee denied having any contact with al Qaida or Jihadi elements during his 15 years in Peshawar, Pakistan.
Transcript
Muhamed Hussein Abdallah attended his Administrative Review Board hearing on 10 August 2005.[16][17]
The Department of Defense was under a Wikipedia:court order to publish all the transcripts from Administrative Review Boards attended by the captives. The Department of Defense did not publish Muhamed Hussein Abdallah's hearing. And it has not offered an explanation as to why it has not published his transcript.
The Department of Defense did publish a written statement he prepared on 8 August 2005.[18]
Board recommendations
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Wikipedia:Gordon England, the Designated Civilian Official.[16][17] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on October 5, 2005.
Repatriation
Wikipedia:Carol Rosenberg, writing in the Wikipedia:Miami Herald reported that "Abdallah Muhamed Hussein" and two other men were repatriated on 4 November 2008.[19] Abdallah Muhamed Hussein was repatriated to Wikipedia:Somaliland. Wikipedia:Abdulrahim Kerimbakiev was repatriated to Wikipedia:Kazakhstan, and Wikipedia:Zainulabidin Merozhev was repatriated to Wikipedia:Tajikistan.[20]
References
- ↑ 1.0 1.1 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.
- ↑ The New York Times. http://projects.nytimes.com/guantanamo/detainees/704-muhamed-hussein-abdallah.
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- ↑ 3.0 3.1 3.2 Summarized transcripts (.pdf), from Muhamed Hussein Abdallah'sWikipedia:Combatant Status Review Tribunal - pages 1-13
- ↑ 4.0 4.1 Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:Wikipedia:New York Times, Wikipedia:Wikipedia:November 11 Wikipedia:Wikipedia:2004 - mirror
- ↑ 5.0 5.1 Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Wikipedia:Financial Times, Wikipedia:Wikipedia:December 11 Wikipedia:Wikipedia:2004
- ↑ 6.0 6.1 6.2 Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.
- ↑ 7.0 7.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." </li>
- ↑ Wikipedia:OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
- ↑ 9.0 9.1 Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Abdallah, Muhamed Hussein Abdallah. Wikipedia:United States Department of Defense. URL accessed on 2008-03-07.
- ↑ Summarized transcripts (.pdf), from Wikipedia:Fethi Boucetta's Wikipedia:Combatant Status Review Tribunal - mirror - pages 50-54
- ↑ Spc Timothy Book (Friday March 10 2006). "Review process unprecedented". 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>
- ↑ Margot Williams (2008-11-03). "Guantanamo Docket: Mohammad Gul". New York Times. http://projects.nytimes.com/guantanamo/detainees/457-mohammad-gul. Retrieved 2012-08-19. </li>
- ↑ Army Sgt. Sarah Stannard (October 29 2007). "OARDEC provides recommendations to Deputy Secretary of Defense". JTF Guantanamo Public Affairs. http://www.jtfgtmo.southcom.mil/storyarchive/2007/07octstories/102907-2-oardec.html. Retrieved 2008-03-26. </li>
- ↑ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. URL accessed on November 12, 2010.
- ↑ Wikipedia:OARDEC. Unclassified Summary of Evidence for Administrative Review Board in the case of Abdallah, Muhamed Hussein. Wikipedia:United States Department of Defense. URL accessed on 2008-03-01.
- ↑ 16.0 16.1 Wikipedia:OARDEC. Administrative Review Board assessment and recommendation ICO ISN 704. Wikipedia:United States Department of Defense. URL accessed on 2008-03-07.
- ↑ 17.0 17.1 Wikipedia:OARDEC. Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 704. (PDF) Wikipedia:United States Department of Defense. URL accessed on 2008-03-07.
- ↑ Wikipedia:OARDEC. Translation of detainee's Written Statement Submitted by (Abdallah, Muhamed Hussein (704) on (8 August 2005) by OARDEC Linguist OL-13. (PDF) Wikipedia:United States Department of Defense. URL accessed on 2008-03-07.
- ↑ Wikipedia:Carol Rosenberg (2008-11-04). "Pentagon transfers 3 from Guantánamo prison camps". Wikipedia:Miami Herald. http://www.miamiherald.com/news/americas/guantanamo/story/756756.html. Retrieved 2008-11-05. mirror </li>
- ↑ Wikipedia:GREGORY G. KATSAS. Guantanamo Bay Detainee Litigation: Doc 910 -- NOTICE OF TRANSFER OF PETITIONER AND WITHDRAWAL OF REQUEST FOR DESIGNATION OF CERTAIN INFORMATION AS PROTECTED INFORMATION. Wikipedia:United States Department of Justice. URL accessed on 2008-11-06. mirror
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External links
- Release of three prisoners highlights failures of Guantánamo Andy Worthington