Mishal Awad Sayaf Alhabri

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Mishal Awad Sayaf Alhabiri (Arabic: مشعل عواد سياف الهابري) is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 207. [2]

On March 3, 2006, the Department of Defense released 5,000 pages of documents about the detainees, in partial compliance with a court order from US District Court Justice Jed Rakoff.[3]

Those documents revealed that a suicide attempt on January 16, 2003 had resulted in "significant brain injury due to oxygen loss... He will need to be in some assisted-living situation, though he can follow simple concrete directions,"[3]

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.

Alhabiri did not attend his Combatant Status Review Tribunal.[4] Alhabiri didn’t appear before his Tribunal. But his Personal Representative filed the following statement on his behalf.

Detainee admits to being on the front lines in Afghanistan for 3 days. Detainee received weapons training in the Malik Center in Kabul at Al Farouq in Kandahar. Detainee was captured near Mazar-e Sharif while fighting inside Jenki Castle against the Northern Alliance, but not the United States.
Detainee was not driving a rocket launcher mounted truck in combat against the Northern Alliance, he was driving a food supply vehicle.
He was injured and fainted while fighting inside Jenki Castle at Mazar-e Sharif. Had been carrying a Kalishnikov rifle but does know what happened to it.
Detainee is concerned about the status of his medical care if he is released.

[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 Alhabiri were among the 121 that the Department of Defense released on March 3, 2006.[5]

[edit] The following primary factors favor continued detention:

a. Alhabiri is associated with the Taliban.
  1. Alhabiri admits he was on the front line in Afghanistan for three days.
  2. Alhabiri received weapons training at the Malik Center in Kabul and Al Farouq in Kandahar.
  3. Alhabiri was captured near Mazar-e Sharif while fleeing to Pakistan with Taliban members.
b. Alhabiri engaged in hostilities against the US or its coalition partners.
  1. Alhabiri drove a rocket launcher - mounted truck in combat against Northern Alliance forces.
  2. Alhabiri was injured in hostilities against Northern Alliance forces.
  3. Alhabiri admitted carrying a loaded Kalishnakov rifle while on the front line in Afghanistan.
c. Alhabiri is committed to the Taliban and jihad.
  1. Alhabiri did not say that he would pray for the Taliban to return to Afghanistan, only because it is their right to take care of their religion.
  2. Alhabiri stated that he went to Afghanistan to die for the sake of Allah. Alhabiri admitted that he would fight against both the Jews and Christians to defend Islam.
d Detainee’s Conduct: Alhabiri’s overall behavior has been non-compliant and aggressive. As of June 2004, he is still trying to commit self-harm. Alhabiri harasses, spits on and has hit members of the guard force. Alhabiri has refused meals and medications.
e. Based upon a review of recommendations from U.S. and Foreign agencies and classified and unclassified documents, Alhabiri is regarded as a continued threat to the United States and its allies.

[edit] The following primary factors favor release or transfer:

a. Medical condition:
  1. On 16 January 2003, Alhabiri attempted suicide by hanging, this resulted in significant brain injury due to lack of oxygen.
  2. Alhabiri’s likelihood for improvement of current impairments is low. He will need to be in some assisted living situation, though he can follow simple, concrete directions.
b. Alhabiri admits being on the front lines in Afghanistan for 3 days. He admits receiving weapons training at Al Farouq. Alhadiri admits fighting inside Jenki Castle against the Northern Alliance, but not against the United States. Alhabiri also states that he was driving a food supply vehicle, not a rocket launcher mounted truck in combat against the Northern Alliance.

[edit] Testimony

Alhabiri chose to participate in his Administrative Review Board hearing.[6]

Alhabri did not give a statement directly to he board. His Assisting Military Officer read from his notes from his interview with Alhabri. According to his notes:

  • Alhabiri denied engaging in hostilies against the United States or its coalition partners.
  • Alhabri challenged the assertion that he was generally non-compliant.
  • Alhabri stated that someone was writing false allegations to implicate him.
  • Alhabri acknowledged he had spat on a guard, but denies hitting him.
  • Alhabri stated he only refused to eat on one occasion, and that was because he wasn't feeling well.
  • Alhabri acknowledged he stopped taking his medication. But only after medical personnel told him he was crazy.
  • Alhabri stated he was wounded fighting General Dostum, not the United States.
  • Alhabri acknowledged going to Afghanistan to fight -- but not Christians and Jews, but rather to fight Shiites.

When asked what he would like to do if he were released he said he would like to go back to his family.

When the Presiding Officer was giving his final instructions Alhabri stated: "You did not mention that I was hit and I suffered."

When he was asked about this he stated that when he was in the hospital, a month ago a guard punched him so hard in his mouth that he knocked a tooth out, and he couldn't eat.

[edit] Repatriation

Reuters cites a Human Rights Watch report that said Alhabri, and two other Saudis, were repatriated to Saudi custody on July 20, 2005.[7] As of May 26, 2006 the three remain held, without charge, in Riyadh's al-Ha'ir prison.

[edit] See also

[edit] References

  1. ^ Guantanamo Bay: The testimony, BBC, March 4, 2006
  2. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  3. ^ a b Pentagon releases documents naming Guantanamo detainees, Lexur
  4. ^ Summarized transcripts (.pdf), from Mishal Awad Sayaf Alhabiri's Combatant Status Review Tribunal - pages 20
  5. ^ Factors for and against the continued detention (.pdf) of Mishal Awad Sayaf Alhabiri Administrative Review Board - page 26
  6. ^ Summarized transcript (.pdf), from Mishal Awad Sayaf Alhabiri's Administrative Review Board hearing - page 81
  7. ^ Saudi Arabia: Guantanamo Detainees Return to Legal Limbo, Reuters, May 26, 2006
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