Jawad Jabber Sadkhan

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Jawad Jabber Sadkhan is a citizen of Iraq, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Sadkhan's Guantanamo detainee ID number is 433.

Contents

[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.

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

[edit] Witness detainee 758

Sadkhan had a statement from detainee 758 submitted as evidence at his Tribunal.[2] In his statement detainee 758 identified himself as "Shaker Al Iraqi (Abass Abdou Erromi)". The official record identifies him as Abbas Habid Rumi Al Naely.[1] He testified that he suspected the accusation against him and detainee 433 were the result of animosity from detainee 111, Ali Abdul Motalib Awayd Hassan Al Tayeea. who he identified as "Ali Abdou Ahtaleb Al Iraqi" and detainee 252, who he identified as "Yassin Basro Al Yamani". The official record shows detainees 111 and 262 as Ali Abdul Motalib Awayd Hassan Al Tayeea and Yasim Muhammed Basardah.[1] Al Naely says he knew Sadkhan in Afghanistan, and he knew him as a good, peaceloving, family man. Al Naely said that the two men he identified as Sadkhan's accusers did not know him in Afghanistan, and their accusations were complete fabrications.

[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.

Sadkhan chose to participate in his Administrative Review Board hearing.[3]

[edit] References

  1. ^ a b c list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ a b Summarized transcripts (.pdf), from Jawad Jabber Sadkhan's Combatant Status Review Tribunal - pages 91-98
  3. ^ Summarized transcript (.pdf), from Jawad Jabber Sadkhan's Administrative Review Board hearing - page 136