Abdul Rahman Nashi Badi Al Hataybi

From Wikipedia, the free encyclopedia

Abdul Rahman Nashi Badi Al Hataybi is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 268. American intelligence analysts estimate that he was born in 1980, in Dehman, Saudi Arabia.

Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved. Navy photo by Photographer’s Mate 1st Class Christopher Mobley
Enlarge
Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved. Navy photo by Photographer’s Mate 1st Class Christopher Mobley

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.

Al Hataybi chose not to participate in his Combatant Status Review Tribunal.

[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.

The factors for and against continuing to detain Al Hataybi were among the 121 that the Department of Defense released on March 3, 2006.[2]

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee departed Saudi Arabia sometime after July or August 2001 for Afghanistan via the United Arab Emirates.
  2. The detainee’s trip to Afghanistan was arranged and paid for by a recruiter for the Taliban and al Qaida.
b. Training
  1. The detainee trained at al Qaida’s al Farouq paramilitary camp.
  2. The detainee received training in the AK-47, Makarov pistol and M-16.
c. Connection/Associations
  1. The detainee was identified as a member of al Qaida by a foreign government service.
  2. The detainee is a member of Jama’at al Tablighi [sic].
  3. Jama’at al Tablighi, a Pakistan based Islamic missionary organization, is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
  4. The detainee resided at an al Qaida safehouse in Kandahar.
  5. One of the detainee’s known aliases was on a list of captured al Qaida members that was discovered on a computer hard drive associated with a senior al Qaida member.
  6. The detainee’s name was found on computer hard drive recovered in a suspected al Qaida safe house. The list contained personnel incarcerated in Pakistan.
  7. The detainee’s name was listed on a document that contained information regarding the capture of Taliban and al Qaida fighters who had crossed the Pakistan border after the 11 September 2001 retaliatory attacks by the United States.
  8. The detainee’s name was found on documentation confiscated from an individual mujahidin who entered Croatia from Bosnia.

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

  • The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th, and also denied knowledge of any rumors or plans of future attacks on the United States or its interests.
  • The detainee stated that he traveled to Pakistan for the sole purpose of providing missionary work to those individuals in need of assistance.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Factors for and against the continued detention (.pdf) of Abdul Rahman Nashi Badi Al Hataybi Administrative Review Board - page 92
Retrieved from "http://en.wikipedia.org../../../a/b/d/Abdul_Rahman_Nashi_Badi_Al_Hataybi_fef0.html"