Sadeq Muhammad Sa'id Ismail

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Sadeq Muhammad Sa id Ismail is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1][2] His detainee ID number is 069.

[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.

Ismail agreed to attend his Combatant Status Review Tribunal.

[edit] allegations

The allegations against Ismail were:^[3]

a. The detainee is a member of, or associated, with the Taliban:

1. The detainee admitted he traveled from Yemen to Afghanistan via Pakistan in May 2001 to receive combat arms training.
2. Upon entering Afghanistan, detainee sought out Taliban members.
3. The detainee served ss a courier for a Taliban member, making approximately ten trips between Kabul and Kandahar during a three month period.

b. The detainee participated in military operations against the United States and it coalition partners:

1. Detainee was present in Kabul during the United States air campaign.
2. Detainee was injured in an aerial bombing attack near Khowst, Afghanistan.
3. The detainee was identified as a Yemeni mujahid who trained at al-Farouq training camp and was captured at Tora Bora Afghanistan.

[edit] testimony

Ismail required a translator, and, from the number of repeated questions in the transcrips, the translator seemed to be having problems.^[4]

Ismail said he traveled to Afghanistan for training, but not so he could fight in Afghanistan.

Ismail denied serving as a Taliban courier. He acknowledged making numerous trips between Kabul and Kandahar. He said he made those trips to search for training.

Ismail denied participating in military operations.

In reply to the allegation that he was present in Kabul during the American bombing campaign Ismail said he was trying to leave.

Ismail acknowledge he was injured during the bombing campaign.

Ismail denied being trained at the Al Farouq training camp. He denied being captured in Tora Bora. He said he was captured in Pakistan.

[edit] conclusion

The Tribunal determined that Ismail had been appropriately classified as an "enemy combatant".

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

[edit] The following primary factors favor continued detention:

a. Commitment

1. The detainee admitted he traveled from Yemen to Afghanistna via Pakistan in May 2001 to receive combat arms training.
2. The detainee stated that he went to Afghanistan in August 2001 to kill communists and Jews.
3. The detainee stated that Palestine and Afghanistan are the same "...once Islam overthrows, they rule everything."

b. Training

1. The detainee was identified as a Yemeni mujahid who trained at al-Farouq training camp and was captured at Tora Bora, Afghanistan.

c. Connections/Associations

1. Upon entering Afghanistan, detainee sought out Taliban members.
2. The detainee was present at an Arab guesthouse in Kandahar, Afghanistan.

d. Intent

1. The detainee served as a courier for a Taliban member, making approximately ten trips between Kabul and Kandahar during a three-month period.
2. Detainee was present in Kabul during the United States air campaign.
3. Detainee was injured in an aerial bombing attack near Khowst, Afghanistan.

e. CSRT

1. The detainee stated that he was trained on the Kalashnikov.

f. Other Relevant Data

1. The detainee has made threatening gestures to United States military personnel.

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

• The detainee stated he felt he neede to go to Afghanistan to complete training in order to protect himself in Yemen.

[edit] References

1. ^ [documents (.pdf) from Sadeq Muhammad Sa'id Ismail's Combatant Status Review Tribunal
2. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
3. ^ [Summary of Evidence (.pdf) from Sadeq Muhammad Sa'id Ismail's Combatant Status Review Tribunal - page 16
4. ^ [Summarized transcripts (.pdf) from Sadeq Muhammad Sa'id Ismail's Combatant Status Review Tribunal - pages 11-14
5. ^ Factors for and against the continued detention (.pdf) of Sadeq Muhammad Sa'id Ismail Administrative Review Board - page 30