Ibrahim Daif Allah Neman Al Sehli
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Ibrahim Daif Allah Neman Al Sehli is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Al Sehli's detainee ID number is 094. The Department of Defense reports that Al Sehli was born on October 28, 1965, in Medina, Saudi Arabia.
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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.
Al Sehli chose to participate in his Combatant Status Review Tribunal.[2]
[edit] Psychological evaluation
Unusually, Al Sehli's Tribunal transcript states: "...Prior to explaining the detainee's rights at the Tribunal hearing, the Tribunal President discussed the results of his Psychological Evaluation conducted on 22 September 2004." Unusual, his Personal Representative had asked for the psychological evaluation because he was concerned Al Sehil might be suffering from dementia.
Although the psychologist's determination that Al Sehil would be able to understand and participate in his Tribunal, he repeatedly told the Tribunal's President that he was not understanding what was being explained to him.
[edit] Allegations
During his Tribunal Al Sehli faced the following allegations:[2]
- a. The detainee is a member of the Taliban.
- The detainee was recruited to go to Afghanistan from his native Saudi Arabia.
- The individual that recruited the detainee advised him that the Taliban was in need of assistance in Afghanistan.
- The detainee was also influenced to travel to Afghanistan by a written fatwa issued by a fellow Saudi.
- This fatwa encouraged traveling to Afghanistan to assist the Taliban "in its fight to protect Moslems in Afghanistan."
- Approximately two weeks after 11 September 2001, the detainee traveled voluntarily to Kandahar, Afghanistan, from Saudi Arabia via Tehran, Iran and Pakistan.
- Upon his arrival in Afghanistan, the detainee sought out Taliban members.
- The detainee resided in Taliban safehouses while in Afghanistan.
- According to the detainee, the safehouses where he resided were used by Taliban soldiers to rest and recuperate from wounds.
- One of the safehouses where the detainee resided was located near the front lines in the vicinity of Konduz, Afghanistan.
- The detainee was issued a Kalashnikov rifle to perform guard duty at a warehouse near Konduz, Afghanistan, which was used to store food and supplies.
- The detainee was assigned to guard the warehouse because of the approaching Northern Alliance forces.
- The detainee retreated to Konduz after Northern Alliance forces advanced on their position.
- The detainee was captured by Northern Alliance forces while attempting to cross into Pakistan.
- Following his capture, the detainee was wounded in a prison uprising in Mazir-e-Sharif [sic].
[edit] Testimony
Al Sehli denied the allegation that he was a member of the Taliban.
Al Sehli denied that he was recruited to go to Afghanistan. But later, during his Tribunal, he admitted that one of his teachers, an Afghan he called ‘Abd ar-Rahman influenced his decision. Al Sehli denied being advised that the Taliban needed assistance. He said that from his Afghan teacher he got the impression that Afghans were very good people.
Al Sehli denied being influenced by fatwas to assist the Taliban. He denied ever reading any fatwas like those described in the allegations.
Al Sehli acknowledged traveling to Afghanistan two weeks after 11 September 2001. He said he had no way of knowing whether any of the Afghans he met after his arrival were members of the Taliban.
Al Sehli acknowledged staying in houses, but he did not know they were Taliban houses. Al Sehli denied seeing any wounded men in the houses where he was a guest.
Al Sehli acknowledged passing through Konduz, but only as he fled Afghanistan. He wasn't a guest in any houses in Konduz as he fled. Al Sehli asked for an explanation of Konduz. The transcript implied that his translator informed him that Konduz was near the front line, and a stay in Konduz implied he may have fought on the front lines. Al Sehli then told his Tribunal that he was never near the front lines and he never saw any fighting.
Al Sehli acknowledged guarding a food warehouse, and being issued a rifle for the duration of his guard duty. But the warehouse was private property -- not Taliban property. He was only guarding against petty theft, not an invasion.
Al Sehli acknowledged being present during the prison uprising at Mazari Sharif. He was handcuffed, in a courtyard, when there were explosions. He was lightly wounded by shrapnel from an explosion behind him.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ a b Summarized transcripts (.pdf), from Ibrahim Daif Allah Neman Al Sehli's Combatant Status Review Tribunal - pages 14-22