Ahmed Yaslam Said Kuman
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Ahmed Yaslam Said Kuman is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps in Cuba.[1] His detainee ID number is 321. The Department of Defense reports that Kuman was born on January 15, 1981, in Hathramout, Yemen.
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[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 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.
Kuman chose not to participate in his Combatant Status Review Tribunal.
[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 were not authorized to review whether a detainee qualified for POW status, nor were they authorized to review whether a detainee should have been classified as an "enemy combatant". Rather, they were authorized to consider whether a detainee should continue to be detained by the United States (for reason of continuing to pose a threat), 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 Kuman were among the 121 that the Department of Defense released on March 3, 2006.[2]
[edit] The following primary factors favor continued detention
- a. Commitment
- The detainee answered a fatwa for Jihad issued by Sheikh Hamoud al Aqla, of Yemen against the infidels, General Masoud and the Northern Alliance.
- Sheikh Hamoud al Aqla is a Saudi Mufti who issued fatwahs and encouraged people to fight Jihad against Christians and Jews. Al Aqla condoned the 11 Sep 01, attacks against the United States. In addition he helped raise money for Usama Bin Laden until his death in Saudi Arabia in 2001.
- The detainee traveled from Yemen to Afghanistan to fight the jihad [sic], attended multiple training camps in [sic] once there, was present during the United States bombing campaign, and was captured on the 29th day of Ramadan by the Northern Alliance.
- b. Training
- c. Connection
- A senior al Qaida lieutenant confirmed the detainee’s presence at the frontlines [sic] in Kabul and Qandahar.
- The detainee’s name was found on a computer file seized during a raid on al Qaida associated safe houses in Rawalpindi on 1 March 2003. According to the file, the individuals listed were mujahidin who had come to Afghanistan in December 2001 but had not completed training and therefore were not ready to fight in the war.
- The detainee’s name was found on a document listing al Qaida mujahidin and the contents of their “trust” accounts recovered during raids against al Qaida associated safe houses in Rawalpindi and Karachi.
- The detainee’s pocket litter/property included a Casio watch (Model F-91 W).
- The Casio Watch (Model F-91 W) has been used in bombings linked to al Qaida and radical Islamic terrorist improvised explosive devices.
- d. Intent
- The detainee served on the front line and was assumed to be a bodyguard for Usama Bin Laden.
- The detainee was a fighter in Tora Bora and had the following weapons with him: the Kalashnikov rifle, the PK machine gun and the rocket propelled grenade (RPG).
- The detainee participated in military operations against the United States coalition in Bagram and in Tora Bora.
- The detainee stated that he didn’t believe Usama Bin Laden (UBL) before, but now that he has been in custody for nearly two years, he has been convinced by others that UBL is correct.
- During an interrogation, the detainee related that the actions of the guards had convinced him all Americans are bad. He stated “America would soon pay the price for its actions.”
[edit] The following primary factors favor release or transfer
- The detainee stated that he knows of no information about al Qaida and did not fight against the United States.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Factors for and against the continued detention (.pdf) of Ahmed Yaslam Said Kuman Administrative Review Board - page 65