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| | Huwari chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtSoufianAbarHuwari>[{{DoD detainees ARB|Set_21_1645-1688_Revised.pdf#15}} Summarized transcripts (.pdf)], from Soufian Abar Huwari's ''[[Combatant Status Review Tribunal]]'' - pages 15-23</ref> | | Huwari chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtSoufianAbarHuwari>[{{DoD detainees ARB|Set_21_1645-1688_Revised.pdf#15}} Summarized transcripts (.pdf)], from Soufian Abar Huwari's ''[[Combatant Status Review Tribunal]]'' - pages 15-23</ref> |
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| − | ==Administrative Review Board hearing==
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| − | [[Image:Administrative Review Board hearing room.jpg|thumb|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".<ref name=TheWire20060310>{{Cite news | url=http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1 | title=Review process unprecedented | publisher=[[JTF-GTMO Public Affairs Office]] | pages=1 | author=Spc Timothy Book | date= March 10, 2006 | accessdate=2007-10-10 }}</ref>]]
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| − | Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[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".
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| − | 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.
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| − | ===2005 Administrative Review Board===
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| − | A three-page [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for his second [[Administrative Review Board]] hearing in 2005.
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| − | <ref name=Arb1SoufianAbarHuwari>
| + | |
| − | {{Cite web
| + | |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#23
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| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Huwari, Soufian Abar
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| − | | pages=pages 39–41
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| − | | publisher=[[United States Department of Defense]]
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| − | | author=[[OARDEC]]
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| − | | date=2005-10-12
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| − | | accessdate=2008-11-11
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| − | | quote=
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| − | }}
| + | |
| − | </ref>
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| − | | + | |
| − | ''The following primary factors favor continued detention''
| + | |
| − | {{Quotation|
| + | |
| − | :a. Training
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| − | :#The detainee was trained by the Algerian Army on how to use hand grenades and the Kalashnikov and Seminov rifles.
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| − | :#The detainee held a maritime crewmember’s license and at one time he was working toward a master maritime license.
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| − | | + | |
| − | :b. Connections/Associations
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| − | :#In March 1998, the detainee was arrested by a Foreign Government Service for his association with a known terrorist.
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| − | :#The detainee lived in Georgia with Chechen fighters and their families.
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| − | :#The detainee was acquainted with an al Qaida operative who lived in a Georgian guesthouse.
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| − | :#The detainee knew the Chechen leader named Gelayev.
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| − | :#The detainee was captured with an Algerian Jihadist active in Chechnya and Georgia.
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| − | :#The detainee was captured on a bridge approximately 50 miles from where he lived.
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| − | | + | |
| − | :c. Detainee Actions and Statements
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| − | :#The detainee used a forged bank receipt to obtain a visa to travel to Italy. The detainee purchased a round trip ticket to Italy, but didn’t use the return portion.
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| − | :#When he was in Europe the detainee used two false identifications from France and Italy with different names on them.
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| − | :#The detainee wore normal clothing to facilitate traveling between France and Italy without appropriate papers.
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| − | :#The detainee was arrested in Germany for crossing the border without appropriate papers. The detainee was deported to France and from France he was deported to Algeria.
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| − | :#The detainee traveled from Turkey to Georgia without appropriate papers. A Chechen man met the detainee at the airport in Georgia and provided him with travel documents.
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| − | :#The detainee admitted to fighting against the Russians in Chechnya. The detainee is a member of the Chechen Jihad and a suspected member of the Zarqawi network.
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| − | :#The detainee stated the Spanish bombings happened because the Spanish did not remove their troops from Iraq. The detainee feels the Spanish brought it on themselves.
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| − | :d. Other Relevant Date
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| − | :#The detainee said that the Jews are behind the ongoing war and that they want the Christians to help them fight the Muslims. Once the Muslims are defeated, the detainee predicts that the Jews will turn against the Christians. The detainee also stated that the Jews have taken over Germany and the United States, are working in Europe, and the rest of the world, and they are seeking power through their hidden agenda.
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| − | :#The detainee was jailed for forty-five days in 1986 for stabbing a girlfriend and stealing jewelry from her.
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| − | :#The detainee stated that when he lived in Europe he sold and used marijuana, hashish, and cocaine. The detainee also stated he robbed tourists for money.
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| − | }}
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| − | ''The following primary factors favor release or transfer''
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| − | {{Quotation|
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| − | :a. The detainee denied participating in fighting in Chechnya and stated he had no role in activities within Afghanistan or America.
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| − | | + | |
| − | :b. The detainee stated he had no interest in the ideas of Usama Bin Ladin or al Qadia and he could not be persuaded to join their cause.
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| − | :c. The detainee stated he has never been to Afghanistan or to a Zarqawi training camp
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| − | :d. The detainee claims that he did not see any fake passports in Duisi.
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| − | :e. The detainee declined the Chechen leader Gelayev’s offer to fight with them against the Russians.
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| − | :f. Despite living with Chechen fighters the detainee stated he did not fight against the Russians.
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| − | :g. The detainee claimed that he refused his friend’s encouragement to fight the Jihad.
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| − | }}
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| − | | + | |
| − | ====Transcript====
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| − | Huwari chose to participate in his Administrative Review Board hearing.<ref name=Arb1TranscriptSoufianAbarHuwari>
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| − | {{Cite web
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| − | | url={{DoD detainees ARB|ARB_Transcript_Set_10_21352-21661.pdf#294}}
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| − | | title=Summary of Administrative Review Proceedings for ISN 1016
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| − | | pages=pages 294–311
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| − | | publisher=[[United States Department of Defense]]
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| − | | author=[[OARDEC]]
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| − | | date=date redacted
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| − | | accessdate=2008-11-11
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| − | | quote=
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| − | }}
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| − | </ref>
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| − | In the spring of 2006 the Department of Defense published an 18-page summarized transcript from his hearing.
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| − | ====Enemy Combatant election form====
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| − | Huwari's [[Assisting Military Officer (ARB)|Assisting Military Officer]] told Huwari's board they met for 55 minutes for a pre-hearing interview on 30 November 2005.
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| − | Reading from the [[Enemy Combatant election form]] his Assisting Military Officer reported Huwari was: ''"responsive and attentive, however, he was very skeptical of the ARB based on his experience with the CSRT."
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| − | ===2006 Administrative Review Board===
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| − | A two-page [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for his second [[Administrative Review Board]] hearing in 2006.
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| − | <ref name=Arb2SoufianAbarHuwary>
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| − | | + | |
| − | {{Cite web
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| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#23
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| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Huwary, Soufian Abar
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| − | | pages=pages 23–24
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| − | | publisher=[[United States Department of Defense]]
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| − | | author=[[OARDEC]]
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| − | | date=2006-06-29
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| − | | accessdate=2008-11-11
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| − | | quote=
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| − | }}
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| − | </ref>
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| − | ''The following primary factors favor continued detention''
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| − | {{Quotation|
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| − | :a. Commitment
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| − | ::The detainee admitted to fighting against Russian forces in Chechnay as part of the Chechen jihad.
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| − | | + | |
| − | :b. Training
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| − | :#The detainee studied accounting and successfully graduated with top grades in 1989.
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| − | :#The detainee attended a {{Sic}} four-month basic training in the Algerian Army where he was trained on the Kalashnikov {{Sic}} and Seminov rifles.
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| − | :#The detainee maintained an Algerian maritime crewmember license but never finished his masters license training.
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| − | | + | |
| − | :c. Connections/Associations
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| − | :#The detainee was jailed for associating with a known Algerian terrorist.
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| − | :#The detainee was identified by an al Qaida operative who lived in Duisi, Georgia. The operative claimed he was well acquainted with the detainee.
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| − | :#The detainee lived in a small house in Duisi, Georgia with Chechen fighters and their families.
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| − | :#The detainee was asked by a Chechen leader to go and fight. The detainee believed the Chechen leader to be a great leader and soldier who the Russians would never find.
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| − | :#The detainee assisted Chechen fighters in the [[Panski Gorge]], Georgia and was captured in Georgia along with others in a sting operation.
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| − | | + | |
| − | :d. Intent
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| − | ::The detainee stated that the people behind the war are the Jews. He believes the Jews are working on an agenda to control the world and that when the Muslims are defeated that the Jews will turn on the Christians.
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| − | | + | |
| − | :e. Other Relevant Data
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| − | :#The detainee speaks French, Russian, Spanish, Arabic and English. The detainee has been to France, Afghanistan, Russia, Chechnya and Georgia as well as many countries in Africa.
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| − | :#The detainee was caught numerous times by authorities in France for not having any travel papers. The French eventuall deported the detainee back to Algeria in the summer of 1996 following an arrest in Germany for not having travel papers.
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| − | :#The detainee spent 2 years in prison in Algeria from 1998 to 2000.
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| − | :#The detainee stated that Spanish bombings happened because Spain did not remove its troops from Iraq. The detainee feels they brought it on themselves.
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| − | }}
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| − | ''The following primary factors favor release or transfer''
| + | |
| − | {{Quotation|
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| − | :a. The detainee does not blame America for his detainment. The detainee believes that America was attacked and had to respond accordingly. The detainee does not blame the American government for how it responded.
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| − | | + | |
| − | :b. The detainee stated that he was arrested in Georgia and had no part in any activities within Afghanistan or America.
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| − | | + | |
| − | :c. The detainee said that he has never been to Afghanistan or Zarqawi training camp.
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| − | | + | |
| − | :d. The detainee stated he has no interest in the ideas of Usama bin Laden or al Qaida and he could not be persuaded to join their cause.
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| − | }}
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| − | | + | |
| − | ====Recommendations====
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| − | In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to [[Gordon England]], the [[Designated Civilian Official (OARDEC)|Designated Civilian Official]].<ref name=Arb2RecommendationIsn1016>
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| − | {{Cite web
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| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_451-523.pdf#40
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| − | | title=Administrative Review Board assessment and recommendation ICO ISN 1016
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| − | | date=2006-10-25
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| − | | author=[[OARDEC]]
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| − | | publisher=[[United States Department of Defense]]
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| − | | accessdate=2008-11-11
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| − | | pages=page 40
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| − | }}</ref><ref name=Arb2BasisForRecommendationIsn1016>
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| − | {{Cite web
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| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_451-523.pdf#41
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| − | | title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 1016
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| − | | date=2006-07-05
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| − | | author=[[OARDEC]]
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| − | | publisher=[[United States Department of Defense]]
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| − | | accessdate=2008-11-11
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| − | | pages=pages 41–47
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| − | }}</ref>
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| − | The Board's recommendation was unanimous
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| − | The Board's recommendation was redacted.
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| − | England authorized his transfer on 7 December 2006.
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| − | | + | |
| − | Huwari did not attend this hearing.
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| − | His Board reviewed reports from the [[Deputy Assistant Secretary of Defense for Detainee Affairs]], the [[CIA]], the [[FBI]], the [[Criminal Investigation Task Force]], the [[Southern Command]], the [[Office of Military Commissions]] and [[Joint Task Force Guantanamo]].
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| − | ====Testimony====
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| − | *Huwari confirmed he underwent four months of compulsory military training when he was a teenager in Algeria in the 1980s.
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| − | *Huwari confirmed he had lived in Europe in the 1990s, where he had traveled on false travel papers, sold drugs, and robbed tourists. However, he claimed he stopped committing crimes when he turned 27, and started to be an observant Muslim.
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| − | *Huwari confirmed he was imprisoned for two years in Algeria because he was acquainted with someone Algerian security officials suspected of being a terrorist. However, he claimed this acquaintancee was an old friend he had known from before he left for Europe, and when he renewed his acquaintanceship with him he had no idea he was suspected of ties with terrorism.
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| − | *Huwari confirmed he had returned to Europed, after his release from Algerian prison, where he supported himself through legitimate imports of European clothing and cars to Africa.
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| − | *Huwari confirmed traveling to Georgia, and staying with his friend Abd al Haq. But he disputed either of them had engaged in hostilities either in Georgia or Chechnya.
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| − | *Huwari confirmed meeting the Chechen leader Gelayev, and confirmed that Gelayev had tried to recruit him to join his cause, but he stated he declined.
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| − | *Huwari disputed that he had ever stated that the Spaniards brought the Madrid bombing on themselves.
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| − | *Huwari disputed that he had blamed Jews for the current war.
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| − | *Huwari confirmed he had no sympathy for Osama bin Laden's cause.
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| − | *Huwari disputed he had ever visited any underground military training camps.
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| − | *Huwari confirmed he had declined Chechen leaders Gelayev's invitation to fight for his cause.
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| − | *Huwari described feeling that the attack on the World Trade Center was a catastrophe when he first heard about it, and being afraid it would signal
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| − | an end to peace.
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| − | *Huwari stated it was for God to decide whether the 9-11 hijackers were martyrs or murderers.
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| − | *Huwari stated he had never heard of Chechen separatists killing 180 schoolchildren in Beslan. Stated it was not the kind of thing the Chechens he knew would do. But he would describe kidnapping or killing children as a very big crime. He stated that those who killed children and innocent civilians are cowards and confirmed that this applied to the 911 hijackers.
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| − | *Huwari confirmed he was aware of the existence of fanatic Muslim groups and stated that these groups were damaging to Islam.
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| − | *Huwari defined Jihad as defending one's principles. Attacking others was not legitimate jihad.
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| | ==Repatriation== | | ==Repatriation== |
Soufian Abar Huwari was captured in Georgia in April 2002 and was transferred to Algeria on November 10, 2008.[2]
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from 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 competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
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