Samir Naji Al Hasan Moqbel

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Samir Naji Al Hasan Moqbel is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Moqbel's Guantanamo detainee ID number is 043. The Department of Defense reports Moqbel was born on December 1, 1977, in Ta'iz, Yemen.

[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.

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

[edit] allegations

a. The detainee was an associate of the Taliban and/or Al-Qaida.

1. The detainee is a Yemen citizen who traveled to Afghanistan via Karachi, Pakistan; Kandahar, Afghanistan and finally to Kabul, Afghanistan.
2. The detainee decided to travel to Afghanistan to fight the Jihad.
3. The detainee arrived in Kabul, Afghanistan and stayed in a house owned by the Taliban.
4. The detainee became a bodyguard for Usama Bin Laden in August 2001.

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

1. The detainee traveled north of Kabul, Afghanistan to a military camp approximately two miles from the front line fighting with the Northern Alliance.
2. The detainee was issued a Kalashnikov rifle with ammunition.
3. The detainee was assigned a post, performed guard duty on the front line, and could hear gunshots and fighting in the distance.
4. The detainee made several trips from the front line to the guesthouse in Kabul, Afghanistan.
5. The detainee learned about the 11 September 2001 attack on American during his last two months in Afghanistan.
6. The detainee surrendered to a Pakistani security force at the border.

[edit] testimony

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Summarized transcripts (.pdf), from Samir Naji Al Hasan Moqbel's Combatant Status Review Tribunal - pages 63-69

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