Abdul Raham Houari

From Wikipedia, the free encyclopedia

Abdul Raham Houari is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Houari's Guantanamo detainee ID number is 070. The Department of Defense reports that Houari was born on January 18, 1980, in Algiers, Algeria.

Contents

[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 his 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.
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 his 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 tribunal 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.

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

Houari said he had been a resident of London prior to traveling to Afghanistan.

He said he had traveled to Afghanistan for religious study. He paid for his own travel. He acknowledged having an AK47. But he had to buy it. It wasn't given to hom.

He denied fighting either the Americans or the Northern Alliance.

[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.

Houari chose to participate in his Administrative Review Board hearing.[3]

[edit] The following primary factors favor continued detention:

a. The Detainee was a member of al Qaida.
  1. The detainee's travels from France to Afghanistan were facilitated by al Qaida members.
  2. The detainee trained at the Malik training camp in Afghanistan.
  3. The detainee received training in small arms, RPGs and combat tactics.
b. The Detainee engaged in hostilities against US Forces.
  1. The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
  2. The detainee stated he would kill Americans if released
  3. The detainee sustained significant combat related injuries.
  4. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, detainee is regarded as continued threat to the United States and its Allies.
  5. Detainee's conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guards' instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked
  6. Detainee states that he supported the Taliban belief in a true and complete Islamic state that enforces Islamic law. detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight Jihad with the Taliban. He believes that America is an enemy of Islam.

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

a. -- missing from the transcript --
b. -- missing from the transcript --
  1. -- missing from the transcript --
  2. In his own oral testimony, Detainee has repeatedly denied membership to any terrorist group and claimed he did not participate in any fighting and would not kill Americans.

[edit] Houari's statement

Houari's Assisting Military Officer helped him prepare a statement in response to the factors favoring his continued detention.[4]

Houari's Assisting Military Officer prefaced that statement with a note that Houari had previously requested his Combatant Status Review Tribunal refrain from contacting the Algerian government, while attempting to contact potential witnesses, because that contact could put his potential witnesses at risk. Houari made the same request about contacting the Saudi Arabian government.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Summarized transcripts (.pdf), from Abdul Raham Houari'sCombatant Status Review Tribunal - pages 1
  3. ^ Summarized transcript (.pdf), from Abdul Raham Houari's Administrative Review Board hearing - page 102
  4. ^ AMO Assisted Statement (.pdf), from Abdul Raham Houari's Administrative Review Board hearing - page 7