Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi
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Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Qadasi's Guantanamo detainee ID number is 163. American intelligence analysts estimate that Al Qadasi was born in 1968, in Ta'iz, 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 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.
[edit] Allegations
During the winter and spring of 2005 the Department of Defense complied with a Freedom of Information Act request, and released five files that contained 507 memoranda which each summarized the allegations against a single detainee. These memos, entitled "Summary of Evidence" were prepared for the detainee's Combatant Status Review Tribunals. The detainee's names and ID numbers were redacted from all but one of these memos, when they were first released in 2005. But some of them contain notations in pen. 169 of the memos bear a hand-written notation specifying the detainee's ID number. One of the memos had a notation specifying Al Qadasi's detainee ID.[2] The allegations Al Qadasi faced were:
- a. The detainee is associated with the Taliban and al Qaida.
- The detainee is a ######### who traveled to Afghanistan via Yemen; Karachi, Pakistan; Qandahar, Afghanistan and finally to Kabul, Afghanistan in July 2001.
- The detainee traveled to Afghanistan to fight in the Jihad.
- The detainee stayed in a Taliban guesthouse in Quetta, Pakistan and an Arab guesthouse in Kabul, Afghanistan.
- The detainee left Kabul, Afghanistan and fled to Jalalabad, Afghanistan with several Arabs as the fighting intensified and the Northern Alliance approached Kabul.
- The detainee traveled to the mountains as the Northern Alliance approached Jalalabad, Afghanistan.
- The detainee and his leaders retreated to the Pakistan border, where they surrendered to Pakistani troops.
- The detainee was identified as a Mujadeen [sic] fighter who came to Tora Bora Afghanistan.
[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 Qadasi were among the 121 that the Department of Defense released on March 3, 2006.[3]
[edit] The following primary factors favor continued detention:
- a. Commitment
- The detainee is a Yemeni citizen who traveled to Afghanistan via Yemen; Karachi, Pakistan; Qandahar, Afghanistan and finally to Kabul, Afghanistan in July 2001.
- The detainee traveled to Afghanistan to fight in the Jihad.
- The detainee was identified as a Mujadeen fighter who came to Tora Bora, Afghanistan.
- b. Connections/Associations
- The detainee stayed in a Taliban guesthouse in Quetta, Pakistan and an Arab guesthouse in Kabul, Afghanistan.
- The detainee visited the Daftar Taliban in Quetta, Pakistan.
- The Daftar Taliban is a Taliban office in Quetta. The office provides assistance to Arabs crossing the border into Afghanistan by coordinating travel and lodging.
- The detainee stayed at a guesthouse in Kabul owned by Hamza ((Al-Ghamdi)).
- Hamza Al-((Ghamdi)) was a member of al Qaida's Guesthouse Subcommittee responsible for the organization and operation of al-Qaida guesthouses inside Afghanistan. Hamza al-((Ghamdi)) was responsible for the Kabul guesthouses handling all matters regarding housing for al Qaida, including both those who come for training and designated visitors.
- The detainee was recruited by Juhayna.
- Johaina[sic] was a PT instructor and was responsible for the mess hall at the al Farouq training camp.
- The detainee was met in Karachi, Pakistan by a Saudi known as Ali ((Mahmud)[sic].
- Ali Mahoud[sic] is a possible al Qaida recruiter.
- The detainee's name was found on a document listing 324 Arabic names, aliases and nationalities recovered from safehouse raids associated with suspected al Qaida in Pakistan.
- 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 safehouses in Pakistan.
- c. Other Relevant Data
- The detainee and his leaders retreated to the Pakistani border where they surrendered to Pakistani troops.
[edit] The following primary factors favor release or transfer:
-
- The detainee alleges he went to Afghanistan as a tourist for a two-month vacation and went alone for medical reasons.
- The detainee denied he was a Mujahidin fighter who came to Tora Bora, Afghanistan.
- The detainee claims he never possessed any weapons in Afghanistan, as he was unable to fight due to his bad back.
- The detainee stated he did not participate in any fighting in Afghanistan.
- The detainee stated he was not a member of the al Qaida organization.
- The detainee said he never heard or saw anything related to Usama Bin Laden[sic] while at the Hamza ((AL Ghamdi)) Safehouse.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Summary of Evidence memo (.pdf) prepared for Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi's Combatant Status Review Tribunal - October 6, 2004 - page 85
- ^ Factors for and against the continued detention (.pdf) of Khalid Abd Jal Jabbar Muhammad Juthman Al Qadasi Administrative Review Board, April 28, 2005 - page 14