Nabil Hadjarab

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Nabil Hadjarab is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Hadjarab's Guantanamo detainee ID number is 238. The Department of Defense reports that he was born on July 21, 1979, in Aentaya, Algeria.

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 testimony
2 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.

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.

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

[edit] allegations

The allegations Hadjarab faced during his Tribunal were:^[2]

a. Detainee is a member of al Qaeda [sic].

The detainee traveled to London, United Kingdom from Paris at the end of November 2000.
While in London, the detainee attended Finsbury Park Mosque, a known al Qaida [sic] facility, where known terrorist [sic] were recruited.
The detainee flew to [sic] Pakistani International Airlines into Islamabad, Pakistan March 2001/
The detainee traveled to Afghanistan in March 2001.

b. Hostile activity

The detainee was taught how to use an AK-47 assault rifle in Jalalabad, Afghanistan in July 2001.
The detainee attended the Al Farouq training camp.
The detainee stated he was encamped for approximately 20 to 25 days in a trench in Afghanistan. The trench was equipped with an AK-47 assault rifle and some hand grenades.
The detainee was captured December 2001 and turned over to U.S. Forces.

[edit] testimony

Hadjarab did not want to address his Tribunal. But his Personal Representative had prepared answers to the allegations on his behalf.

Hadjarab denied membership in al Qaeda.
Hadjarab had denied knowing of the Finsbury Park Mosque's reputation. He told his Personal Representative if he had known he never would have attended that Mosque.
Hadjarab acknowledged flying to Pakistan in March 2001. He stayed there for a night or two prior to crossing into Afghanistan -- where his goal was to study the Koran in Arabic.
Hadjarab acknowledged being taught how to use and AK-47 in July 2001 -- but he learned to use the rifle for protection against Afghani theives, not Americans.
Hadjarab denied attending any training camps. An interrogator who had accused him of attending a training camp two years earlier had subsequently acknowledged that he had made a mistake, and confused his case with that of another detainee.
Hadjarab partially acknowledged the third allegation of hostile activity. He did feel he was in a safe place. And he did have an AK-47 -- for protection only.
Hadjarab had told his Personal Representative that he had followed Afghans who had told him they would help him escape, but who, instead handed him over to bounty hunters who sold him to the Americans.