Mohmmad Ahmad Ali Tahar

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Mohmmad Ahmad Ali Tahar 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 679. American intelligence analysts estimate he was born in 1980, in Ib, Yemen.

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 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.

Tahar chose to participate in his Combatant Status Review Tribunal.[2][3]

[edit] Allegations

The allegations against Tahar were:

a The detainee is associated with the Taliban and al Qaida.
  1. The detainee traveled to Yemen from Pakistan in September 2001.
  2. The detainee was sent by the Jama’at al-Tablighi [sic] to travel.
  3. The detainee obtained his travel visa through Jama’at al-Tablighi [sic].
  4. The detainee was met by a member of Jama’at al-Tablighi [sic] in Pakistan.
  5. Jama’at al-Tablighi [sic], a Pakistan based Islamic missionary organization is being used as a cover to mask travel and activities of terrorism including members of al Qaida.
  6. The detainee was sent a personal greeting from the Taliban Deputy Minister of Intelligence.
  7. A senior al Qaida lieutenant recognized the detainee in a photograph.
  8. The senior al Qaida lieutenant ran an al Qaida safe house where a number of al Qaida members were captured.
  9. The detainee was captured in this safe house.
  10. The detainee stated that he is a terrorist.

[edit] Opening statement

  • Ali Tahar denied being a member or associate of any group, not al Qaeda, not the Taliban, not even Tablighi Jamaat, although he acknowledged that Talbligh had helped with his travel arrangements.
  • Ali Tahar claimed her has learned there were Tabligh branches in both the USA and in Tel Aviv.
  • Ali Tahar claimed he had never heard of al Qaeda or the Taliban, prior to his arrival in Guantanamo. He said he still didn't really know anything them.
  • Ali Tahar said he was just a medical student, in Pakistan, where he was captured.
  • Ali Tahar said all his travel documents to Pakistan were completely in order.
  • Ali Tahar said none of his letters to his family. He had been counting on their help in establishing proof that the allegations against him were based on incorrect information, and he was very disappointed none of his mail was being received.

[edit] Response to the allegations

[edit] Response to Tribunal questions

[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.

Tahar chose to participate in his Administrative Review Board hearing.[4]

[edit] Factors for and against continued detention

Most transcripts that repeat the factors for and against continued detention repeat them verbatim. Ali Tahar's transcript repeats the allegations as paraphrased by his Assisting Military Officer. The break down of the factors into subcategories isn't repeated in the transcripts, nor is the numbering of the factors.

  • ...the detainee traveled from Yemen to Pakistan in mid-September 2001.
  • ...the detainee stated he is a terrorist.
  • ...the detainee was sent to Pakistan by a member of the Jama'at al-Tablighi [sic].
  • ...the detainee obtained his travel visa through the Jama'at al Tablighi.
  • ...the Jama'at al Tablighi, a Pakistani based Islamic missionary organization, is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
  • ...a senior al Qaida lieutenant recognized the detainee in a photograph.
  • ...the senior al Qaida lieutenant ran an al Qaida safe house where a number of al Qaida members were captured.
  • ...the detainee was captured in this safehouse.
  • ...the detainee was sent a personal greeting from the Taliban Deputy Minister of Intelligence.
  • ...the detainee stated if Muslim scholars said the attacks of September 11, 2001 were the correct actions to take, he would support the scholars.
  • ...if Muslim scholars say that people must die, Muslims must follow their words.
  • ...the detainee stated he wants the infidels, non-Muslims, destroyed.
  • ...the detainee said those who do not follow Islam will go to hell or be killed.
  • ...the detainee denied having any knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.

[edit] Responses to the factors

[edit] Responses to Board questions

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Summarized transcripts (.pdf), from Mohmmad Ahmad Ali Tahar's first Combatant Status Review Tribunal - pages 100-116
  3. ^ Summarized transcripts (.pdf), from Mohmmad Ahmad Ali Tahar's second Combatant Status Review Tribunal - pages 84-99
  4. ^ Summarized transcript (.pdf), from Mohmmad Ahmad Ali Tahar's Administrative Review Board hearing - page 71
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