Ibrahimj Sulayman Muhammad Arbaysh

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Ibrahimj Sulayman Muhammad Arbaysh is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Arbaysh's Guantanamo detainee ID number is 192.^[1] The Department of Defense reports he was born on July 7, 1979, in Al Brida, Saudi Arabia.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release or transfer:
3 References

[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.

Arbaysh 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 detaind Arbaysh were among the 120 that the Department of Defense released on March 3, 2006.^[2]

[edit] The following primary factors favor continued detention:

a. Arbaysh was a Taliban fighter and Al Qaida member.

Arbaysh traveled to Afghanistan to train for jihad.
Arbaysh trained at the Al Farouq; a know Al Qaida training camp.
Arbaysh trained with a Kalishnikov rifle and received physical training at Al Farouq.

b. Arbaysh engaged in hostilities against the United States or its coalition partners.

Arbaysh traveled the front lines in Tora Bora in order to fight the Northern Alliance.

c. Arbaysh is an Al Qaida/Taliban member.

Arbaysh's name was found listed on a document found on the ALNEDA-internet site on 20 July 2002. It contained information regarding the capture of Taliban and Al Qaida fighters who had crossed the border in Nangahar providence [sic] after the 11 September 2001 retaliation.
Arbaysh's name was found on a list of incarcerated Arabs on a file found on a computer hard drive recovered by allied personnel in a suspected Al Qaidia [sic] safe house in Islamabad, Pakistan.

d. Detainee's Conduct: Arbaysh has a past history of passive aggressive behavior. The detainee has failed to comply with requirements to exit the cell and mild force was required. Other than the two forced cell extractions the detainee has only assaulted guards on two other occasions. (FN3)

e. Based upon a review of recommendations from U.S. agencies and classified and unclassified documents, Arbaysh is regarded as a continued threat to the United States and its Allies.