Fahed Abdullah Ahmad Ghazi

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Fahed Abdullah Ahmad Ghazi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 026.

Contents

[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.

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

[edit] allegations

a The detainee is an Al Qaida fighter.
  1. The detainee voluntarily traveled from Yemen to Afghanistan in 2001.
  2. The detainee attended training at the Al Farouq training camp.
  3. At the Al Farouq training camp, the detainee received training on the AK-47, explosives, the PK machine gun, and RPGs.
  4. After attending training at the Al Farouq training camp, the detainee was chosen to go to Tora Bora and become on of Usama Bin Laden’s bodyguards.
b the detainee participated in military operations against the coalition.
  1. The detainee fought in the KTAL region of Afghanistan.
  2. The detainee attempted to flee Afghanistan following the US air strikes. He crossed the border into Pakistan, and surrendered to authorities, who accused him of being a terrorist trying to escape from Afghanistan.

[edit] Ghani’s polygraph

Ghani told his Tribunal that he had been administered a polygraph, that showed he had no knowledge of, or contact with, Al Qaeda.

[edit] Ghani’s answers to the allegations

  • Ghani denied having any contacts or assignments with Al Qaeda.
  • Ghani acknowledged traveling to Afghanistan, for military training. But his intention was to use that training to defend himself in Yemen - not in Afghanistan.
  • Ghani acknowledged going for training at the Al Farouq camp. He said he had no idea who it belonged to. He said it was the only training place he could find.
  • Ghani said that he had spent nine days in Al Farouq when the American bombings started, and the camp was closed down and everyone fled.
  • Ghani denied choosing to go to Tora Bora to fight with Al Qaeda.
  • Ghani questioned whether Osama Bin Laden would trust a newly arrived, 17 year old, with just nine days of military training to be a bodyguard. He pointed out that he only spent a few days in Tora Bora.
  • Ghani stated he was traveling with his trainer, and five other unarmed trainees. Only their trainer had a rifle. And he did not engage in any hostilities.

[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.

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

[edit] The following primary factors favor continued detention:

a Commitment
  1. The detainee was motivated to serve the Dawa and spread the word of the Koran as he believes that it is a Muslim obligation.
  2. The detainee claims he traveled to Sanaa, Yemen and met with Sheik Muqbil to discuss thevalidity of a Fatwa. Sheik Muqbil issued a Fatwa that stated Muslims had a right to train themselves for self-defense against enemies.
  3. Sheik Muqbil and a few other “Brotherhood” movement supporters recognized UBL as their leader. Sheik Muqbil was responsible for the jihadist movement in the geographical region of Sa’dah, Yemen.
  4. Sheik Muqbil advised the detainee to go for training in Afghanistan. Since he did not have any money for the trip Sheik Muqbil gave the detainee 500 to 600 United States dollars.
  5. Sheik Muqbil instructed the Detainee to go to the Jama’ah al Tabligh Mosque in Sanaa where he could get a visa and a plane ticket to Pakistan. Since the detainee was still in the twelfth grade, Sheik Muqbil told him to wait until after graduation to make travel arrangements. A year later the detainee went to the mosque, left his passport and some money and later returned to obtain his passport, visa and a ticket.
  6. The detainee flew from Sanaa, Yemen through Dubai, United Arab Emirates, to Karachi, Pakistan. He spent one night in a hotel then traveled to Quetta, Pakistan where he stayed for two nights at the Lukanda Hotel
  7. The detainee crossed into Afghanistan. He taught the children in the villages around Spin Buldak, Kandahar and Kabul, Afghanistan.
  8. The detainee went to Jalalabad, Afghanistan by bus where he taught in another village for about two weeks. From there he went to Khost, Afghanistan, where he stayed in various villages for about two months.
  9. The detainee met a man named Asadullah who arranged for a guide to take the detainee back to Pakistan. The detainee eventually joined a gorup of 27 to 30 other people headed for the Pakistan border. The detainee paid the guide 200 to 300 rupees.
  10. The detainee claims he crossed the border back into Pakistan and surrendered to the authorities. The authorities accused him of being a terrorist trying to escape from Afghanistan. He did not have a passport or anything else when he crossed into Pakistan. All he took was his Koran and about 700 Pakistan rupees.
b Training
  1. The detainee trained at the al Farouq training camp for nine days before hearing the news about September 11th
  2. The detainee was recognized as training at the al Farouq training camp on or around April 2001. He received training on how to shoot the Kalashnikov, the PK machine gun, the rocket propelled grenade launcher (RPG), and how to detonate explosives.
c Connections/Associations
  1. The detainee spent four days at the Nabras guesthouse in Kandahar, Afghanistan where his passport and money were taken from him
  2. The Nabras guesthouse was used by fighters heading ot the al Farouq training camp and by UBL. Arabs bound for training would gather at the guesthouse until about 25-30 were in the group and then they were transported to al Farouq. UBL would come to al Farouq.to greet the fighters before they went to training. At Nabras, passports, money, tickets and other important documents were taken from each person.
  3. The detainee stayed at the Azzam guesthouse in Kabul, Afghanistan for 35 days where he received additional training until the bombing started
  4. Hamza al-Ghamdi ran the Azzam guesthouse in Kabul and in an intelligence agent who has been in Afghanistan for almost 15 years and has traveled to Bosnia and Chechnya for jihad. Hamza al Ghamdi is recognized as one of UBL’s most trusted people and reported directly to him.
d. Other relevant data
  1. The detainee traveled to Tora Bora and stayed there for 27 days to one month. He went with a group of men that included Sabi’ who is the group trainer from al Farouq and the only person with a Kalashnikob.
  2. The detianee was chosen to go to Tora Bora and become one of UBL’s bodyguards. Individuals from al Farouq would either go to Tora Bora to be one of UBL’s bodyguards or they went to Kabul to await further assignment. The detainee was also recognized as a fighter in the KTAL region.
  3. The detainee was recognized as one of UBL’s bodyguards and a member of his “dirty thirty” and a fighter in Tora Bora Afghanistan.
  4. The detainee was seen at Tora Bora carrying a Kalashnikov.

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

  • During the time he traveled in Yemen, Pakistan and Afghanistan, the detainee says he had not heard anyone speak about recruiters for fighting in Afghanistan against the enemies of Islam. He also doesn’t believe that there is currently a jihad.
  • An al Qaida operative and facilitator did not name the detainee as a UBL bodyguard.
  • A chief al Qaida recruiter, planner and top strategist did not identify the detainee.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  2. ^ Summarized transcripts (.pdf), from Fahed Abdullah Ahmad Ghazi's Combatant Status Review Tribunal - pages 62-67
  3. ^ Summarized transcript (.pdf), from Fahed Abdullah Ahmad Ghazi's Administrative Review Board hearing - page 11