Adil Said Al Haj Obeid Al Busayss

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Adil Said Al Haj Obeid Al Busayss is a Yemeni citizen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1]

Buyass is notable because, through the Associated Press's Freedom of Information Act requests, he is one of the limited number of detainees who full unclassified dossiers were available for public review in 2005.

1 Identity
2 Combatant Status Review Tribunal
- 2.1 allegations
3 Administrative Review Board hearing
- 3.1 The following primary factors favor continued detention:
- 3.2 The following primary factors favor release of transfer:
4 Release
5 See also
6 References
7 External links

[edit] Identity

The Yemen Times reported, on March 11, 2007, that a Yemeni named Adel Sa’eed Al-Haj Abdo, who was also born in Aden, was on the list of Yemenis who had been cleared for release.^[2] The official list does not include a captive named Adel Sa’eed Al-Haj Abdo.^[3] Adil Said Al Haj Obeid Al Busayss's name is the closest match.

[edit] Combatant Status Review Tribunal

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.

There is no record that Al Busayss chose to participate in his Combatant Status Review Tribunal.

[edit] allegations

The allegations against Al Busayss, in his Combatant Status Review Tribunal were:^[1]

a. The detainee is a Taliban fighter:

The detainee, a Yemeni citizen, admitted he traveled from Sanaa, Yemen through Karachi, Pakistan to Kabul, Afghanistan to attend a Taliban training camp during the beginning of Ramadan, 2000.
The detainee attended the training camp north of Kabul, Afghanistan, for one month, during which he received training on hand grenades, Rocket Propelled Grenades, Kalishnikov ^[sic] rifles, machine guns, and physical training.
The detainee was issued a Kalishnikov rifle and ammunition, two hand grenades, and a machine gun.
The detainee stated that on the front line, there was no differentiation between the Taliban and al Qaeda fighters; the fought along side each other.

b. The detainee participated in military operations against the coalition.

The detainee fought with the Taliban on the front line for 2-3 months.
The detainee's unit withdrew from their fighting positions three days prior to Ramadan 2001 (November-December 2001).
When detainee's leader advised the fighters could stay, or escape, the detainee left Tora Bora with others to Pakistan.
The detainee then traveled to Pakistan where he surrendered his weapon and was arrested by Pakistani police in December 2001.

[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 Al Busayss were among the 121 that the Department of Defense released on March 3, 2006.^[4]

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee, a Yemeni citizen, admitted he traveled from Sanaa, Yemen through Karachi, Pakistan to Kabul, Afghanistan to attend a Taliban training camp during the beginning of Ramadan 2000.
The detainee attended the training camp north of Kabul, Afghanistan, for one month during which he received training on hand grenades, Rocket Propelled Grenades, Kalishnikov rifles, machine guns, and physical training.
The detainee was issued a Kalishnikov rifle and ammunition, two hand grenades, and a Pika machine gun.
The detainee stated that on the front line, there was no differentiation between the Taliban and al Qaida fighters; they fought along side each other.

b. Intent

The detainee fought with the Taliban on the front line for two to three months.
The detainee then traveled to Pakistan where he surrendered his weapon and was arrested by Pakistani police in December 2001.

c. Other Relevant Data

The detainee stated, that according to the Quran, if an infidel is residing with an Islamic nation, he is obligated to convert to Islam, pay jizzia, or leave the nation; if the infidel should refuse to do one of the three, he is to be killed.
The detainee stated that Jews and Christians are considered infidels because they refuse to accept God's message as contained within the Quran.
When asked what should happen to the people of a non-Islamic country that Islam eventually seizes control over, AL-BUSAYSS ^[sic] explained non Muslims will be given the same choices as previously mentioned. AL-BUSAYSS ^[sic] added that if the non-Muslim refuses to pay jizzia, leave the country, or submit to Allah, he would be killed.
The detainee further stated that according to the Quran, all infidels must leave the three holy cities of Islam, which he identified as being Mecca, Medina and Jerusalem; and then stated that although he is not an Islamic scholar, he believes the infidels should be killed if they refuse to leave.
The detainee stated he would support a fatwa advocating attacks against infidels within his country.
The detainee stated that when he was recruited as a Jihadist fighter his loyalty was to the Taliban government because they followed sharia law, stood for good Muslim values and fought for Islam..^[sic]
The detainee stated he was willing to spend a year of his life as a Jihadist fighter even though he knew he would be in combat and might die.
The detainee expects to be rewarded by God when he gets to heaven for his service to Islam by fighting for jihad in Afghanistan.
The detainee stated that his perception of the Taliban was that it was a good Islamic government that brought peace, security and justice to the places where it was in control. He added that his opinion of the Taliban never changed.

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

The detainee stated that he is not a member of al Qaida, has never met any al Qaida members and does not know the al Qaida beliefs.
The detainee stated he has heard of al Qaida and Usama Bin Laden, but does not know anything about them and does not support them.
The detainee stated he has asthma.
The detainee said that he was just a regular fighter in the Taliban. The detainee said that the only benefits he ever received for being part of the Taliban were spiritual.

[edit] Release

Mark Falkoff told the Yemeni Times that he had to threaten legal action to get the Pentagon to release a list of the Yemenis who had already been cleared for release.^[2] The Yemeni Times reported that the Pentagon had cleared some of the captives for rrelease as early as June 2004 — which precedes the first Combatant Status Review Tribunal by over a month.