Majid Aydha Muhammad Al Qurayshi
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Majid Aydha Muhammad Al Qurayshi is held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Al Qurayshi's Guantanamo detainee ID number is 176.
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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 Qurayshi 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 Qurayshi were among the 121 that the Department of Defense released on March 3, 2006.[2]
[edit] The following primary factors favor continued detention
- A.Detainee is associated with al Qaida.
- The detainee admits traveling to Afghanistan to fight in the Jihad to atone for sins.
- Detainee received weapons training in Afghanistan.
- B. Detainee engaged in hostilities against the US or its coalition partners.
- Detainee admits serving as a guard while in Afghanistan.
- Pakistani forces captured detainee as he was fleeing Afghanistan.
- C. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and it’s Allies.
- Detainee feels that participation in jihad is a means of Atoning for sins as well as providing for the needy and fighting the Oppressors of Islam. Detainee feels that it is the duty of Muslims to answer the call to jihad when it is issued by valid religious authority.
- Approximately one week after 9/11/01, Al-Qurayshi left Saudi Arabia to fight in Afghanistan.
- Al-Qurayshi was identified on a list of names recovered from a safehouse raid of suspected al Qaida in Karachi, Pakistan.
- Detainee has admitted that he traveled with 100,000 Saudi Riyals (SIC) (approximately $25,000 USD) to start an orphanage.
[edit] The following primary factors favor release or transfer
- A. Enemy Combatant in his own oral testimony denied active involvement in the fighting in Afghanistan.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Factors for and against the continued detention (.pdf) of Majid Aydha Muhammad Al Qurayshi Administrative Review Board - page 70