Nasir Najr Nasir Balud Al Mutayri

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Nasir Najr Nasir Balud Al Mutayri is a Yemeni who was captured and detained in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Al Mutayri's Guantanamo detainee ID number is 205.^[2] The Department of Defense reports that al Mutayri was born on March 17, 1977, in Mahwa, Kuwait.

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.

Al Mutayri chose to participate in his Combatant Status Review Tribunal.^[1]

[edit] allegations

The allegations against Al Mutayri were:

a Detainee is associated with the Taliban.

The detainee admitted to affiliation with the Taliban.
Detainee admitted to traveling to Afghanistan to fight with the Taliban.
Detainee received weapons training in the use of hand grenades and the Kalashnikov rifle on the Karabatt line in Afghanistan.

b Detainee engaged in hostilities against the US or its coalition partners.

Detainee fought against Northern Alliance forces on the Karabatt line for six months and on the Kawajaqaar line for four months.
Detainee carried a Kalashnikov and two hand grenades while on the front lines.
Detainee relinquished his weapon and surrendered to Northern Alliance forces at Mazar e-Sharif.
Detainee was injured in the Qala-i-Jenghi prison uprising and eventually surrendered to Northern Alliance forces.

[edit] testimony

In response to the first allegation - that he was affiliated with the Taliban - Al Mutayri replied that the Karabatt line he was on was open to everyone, and there were no Taliban members in that line.

In response to the second allegation - that he admitted he went to Afghanistan to fight with the Taliban - he replied that he had gone there for rabat - preparation.

He acknowledged receiving a rifle while on the Karabatt line, but claimed all he had done with it was clean it, dissassemble it and reassemble it.

In response to the third allegation he denied engaging in hostilities with the Americans. He said the year he spent on the Karabatt and Kawajaqaar lines was prior to the attacks of September 11, 2001.

In response to the fourth allegation, he acknowledged spending almost a year on the two lines, but he insisted he was there to do rabat, not to fight.

In response to the fifth allegation - that he carried a rifle and two grenades while on the front line, he said: ‘’”They were standard issue on the front lines; they were not necessarily to use in hostilities or to fight. If you didn’t get them, you left.”

In response to the sixth allegation, that he relinquished his weapon and surrendered to the Northern Alliance he said: ‘’”I did relinquish my weapon for peace and that was one of the conditions to be able to leave. But it was not a surrender; it was an agreement between me and the Northern Alliance forces to surrender my weapon and go on my way. It was not a surrender. It was an agreement.

In response to the seventh allegation, that he was injured in the Qala-I-Jenghi prison uprising he said: ‘’”I was injured by accident in the courtyard of the prison. I was in the courtyard and people were shooting everywhere, and I was injured. After I was in the prison for 8 days it was normal to surrender. It was the only thing left to do. I was told I could leave and that’s when I left.

Al Mutayri said that his hands were bound when the firing started

In response to a request for an explanation of what he meant by “rabat” Al Mutrayi offered this defintion:

Rabat means waiting. It’s a form of worship, a kind of practice. There is a great reward in my relition for doing Rabat. If someone dies while on the line while doing Rabat they are considered martyrs and go to heaven. Rabat is the opposite of Jihad because Rabat is defending the line and Jihad is attacking the line.

Al Mutrayi said he was not involved in any shooting, during the time he spent on the line. He didn’t see any shooting. But he did see a place where there had been some shooting.