Riyad Atiq Ali Abdu Al Haj Al Radai

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Riyad Atiq Ali Abdu Al Haj Al Radai is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Al Radai's Guantanamo detainee ID number is 256. American intelligence analysts estimate that Al Radai was born in 1982, in Riyadh, Saudi Arabia.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release of transfer:
3 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 Radai did not choose to participate in his Combatant Status Review Tribunal.^[2] But he dictated the following statement:

"Shortly after my arrival to Kabul, within one week I went into the hospital. I stayed in the hospital for roughly six months prior to my departure from Afghanistan. I never actively fought against the US or coalition forces during my time in Afghanistan."

[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.

Al Radai chose to participate in his Administrative Review Board hearing.^[3]

The factors for and against continuing to detain Al Radia were among the 121 that the Department of Defense released on March 3, 2006.^[4]

[edit] The following primary factors favor continued detention:

a. Al Haj is a Taliban supporter

Al Haj voluntarily traveled from Yemen to Afghanistan.
When Al Haj arrived in AF, the detainee was picked up in a car by a group of Taliban and driven to Kandahar.
Once in Kandahar, Al Haj stayed at a Taliban guesthouse for 2 to 3 weeks.
Upon arriving in Kabul, Al Haj stayed in another Taliban guesthouse, known as Kabul House, for a week.
Al Haj admitted he agreed to serve the Taliban.

b. Al Haj participated in military operations against the coalition.

Al Haj was posted on the front line in Bagarah for a month, where he carried a Kalashnikov.

c. Al Haj is an Al Qaida member.

Al Haj is a suspected courier and recruiter for Al Qaida. Al Haj went home to Yemen often (every 5 or 6 months).
Al Haj's name was found on a document listing Arabic names recovered from an Al Qaida safe house in Karachi, Pakistan.
A foreign government listed Al Haj as an Al Qaida member whom they believe to be in Afghanistan as of 15 December 2001.

d. Based upon a review of recommendations from U.S. agencies and classified and unclassified documents, Al Haj is regarded as a continued threat to the United States and its Allies.

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

Detainee's Conduct: AL HAJ's overall behavior has been generally compliant and non-aggressive. Detainee has been found with extra food in his cell. On one occasion, he had to be removed from his cell and escorted to the interrogation room, on 21 February 2004. There have been no significant violations since.