Faris Muslim Al Ansari

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Faris Muslim Al Ansari is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Al Ansari's Guantanamo detainee ID number is 253. The Department of Defense reports that Al Ansari was born in 1984 in Mukala, Yemen.

Main article: minors detained in the global war on terror

[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 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.

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 Ansari chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] allegations

The allegations Al Ansari faced during his Tribunal were:^[2]

a. The detainee is a Taliban fighter.

1. The detainee lived with his family in Kabul, Afghanistan.
2. The detainee's home was given to his father by the Taliban.
3. The detainee's father was given rewards for his service to the Taliban.

b. The detainee participated in military operations against the coalition.

1. The detainee fought in the Mehjin Region in Tora Bora.
2. While fighting in the Mehjin Region in Tora Bora, the detainee carried a Kalashnikov rifle and an RPG-7.
3. While engaged in commbat with the Northern Alliance, the detainee fired his Kalashnikov rifle and RPG-7.
4. The detainee was captured without identification as he attempted to flee into Afghanistan.

[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.

Al Ansari chose to participate in his Administrative Review Board hearing.^[3]

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ ^{a b} Summarized transcripts (.pdf), from Faris Muslim Al Ansari's Combatant Status Review Tribunal - pages 128-133
3. ^ Summarized transcript (.pdf), from Faris Muslim Al Ansari's Administrative Review Board hearing - page 253