Abdul Bin Mohammed Bin Abess Ourgy
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Abdul Bin Mohammed Bin Abess Ourgy is a citizen of Tunisia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 502.
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[edit] Combatant Status Review Tribunal
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.
Subsequently the Department of Defense instituted the 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 enemy combatant.
Ourgy chose to participate in his Combatant Status Review Tribunal.[2]
[edit] 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 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.
Ourgy chose to participate in his Administrative Review Board hearing.[3]
The factors for and against continuing to Ourgy were among the 121 that the Department of Defense released on March 3, 2006.[4]
[edit] The following primary factors favor continued detention:
- a. Commitment
- The detainee left Tunisia due to the fact that he was a Muslim extremist.
- While living in Milan, Italy, the detainee lived with Abu Abdullah. They watched videos of the jihad in Bosnia and exchanged propaganda materials.
- Abu Abdullah, a Tunisian, provided the detainee money and a ticket and told the detainee to go to Afghanistan.
- b. Training
- The detainee is a Tunisian national who traveled to Italy, then to Afghanistan where he received training at the Durunta military camp.
- Durunta is an al Qaida military training camp.
- The detainee spent twenty-eight days at the camp where he participated in Kalashnikov rifle, pistol, rocket propelled grenade (RPG), and grenade training.
- c. Connections/Associations
- The detainee spent time with a man associated with an organization whose objective is to overthrow a foreign government and create a purely Islamic state.
- The detainee may have supported a terrorist plot using poisoned gas.
- The detainee was responsible for the finances of the Tunisian Combatant Group.
- The Department of Homeland Security's Terrorist Organization Reference Guide lists the Tunisian Combatant Group as seeking to establish an Islamic regime in Tunisia and targets United States and Western interests. The group is associated with al Qaida.
- Abu Abdullah arranged the detainee's travel and instructed him to meet a man named Saif at the Islamabad Airport. Saif took the detainee to a house in Peshawar, where the detainee lived for about one month with formeeer Hezb-e-Islami Gulbuddin (HIG) fighters.
- After attending Durunta Camp, Saif took the detainee back to a house in Pakistan, where two Libyans advised the detainee not to go back to Italy.
- The two Libyans had been part of a Libyan Fighting Group operating against the Russians in Afghanistan.
- A senior al Qaida lieutenant said, the detainee may have traveled with the Emir of the Tunisian Group, Abu Dujana al Tunisi, to Tora Bora.
- The detainee identified the location of Nejim al-Jihad, an al Qaida housing compound owned by Usama Bin Laden. [sic]
- d. Intent
- The detainee fought with al Qaida in the mountains of Tora Bora.
- The detainee was identified as Adel Al Tunesi, and explosives trainer for al Qaida.
- e. Other Relevant Data
- The detainee has assaulted the guards by spitting and throwing food on them on seven occasions. He has threatened to hit and kick the guards and participated in a block riot.
[edit] The following primary factors favor release or transfer:
-
- Detainee claims to have no involvement in the assassination of Commander Massoud, of the Northern Alliance.
- Detainee claims he traveled to Afghanistan so that he could receive military training for the Bosnian or Chechnyan jihad.
- Detainee claims that he did not attend a meeting between the Tunisian Combat Group and Usama Bin Laden and had never heard of the Tunisian Combat Group.
- Detainee denies that he trained at the Khalden training camp.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ Summarized transcripts (.pdf), from Abdul Bin Mohammed Bin Abess Ourgy's Combatant Status Review Tribunal - pages 34-42
- ^ Summarized transcript (.pdf), from Abdul Bin Mohammed Bin Abess Ourgy's Administrative Review Board hearing - page 140
- ^ Factors for and against the continued detention (.pdf) of Abdul Bin Mohammed Bin Abess Ourgy Administrative Review Board, May 2, 2005 - page 48