Mubarak Hussain Bin Abul Hashem

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Mubarak Hussain Bin Abul Hashem is a citizen of Bangladesh who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 159. American intelligence analysts estimate he was born in 1976, in Baria, Bangladesh.

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[edit] Study in Pakistan

Hashem's father, the Imam of the Graphics Art College Mosque in Mohammadpur in Dhaka, sent his son to Pakistan for further religious training in 1998, after he graduated from the Jamiya Rahmaniya Arabia Madrassah at Lalmatia in Dhaka.[2] After two years of study at the Anwar-ul-Ulum Madrassah in Karachi, Abul Hashem's father said his son got a job teaching at the college where he had been studying, once he got his Mufti degree.

[edit] Capture

Hashem's father reports that his son was teaching at a madrassa in Karachi when he disappeared in 2001.[3] The Miami Herald reports that Abul Hashem's family didn't know what had happened to him until 2004, when the Red Crescent informed him he was in Guantanamo. The Daily India reports his family learned he was in Guantanamo in 2002.[2]

The Daily Star reports Abul Hashem was captured when he emerged from a Pakistani mosque and asked for directions to Karachi.[4] According to the Daily India:

"A Pakistani intelligence officer captured him when he was again trying to enter Pakistan from the Afghan city of Jalalabad in 2001,"

[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.

Hashem 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 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.

Hashem didn't participate in his first Administrative Review Board hearing.

[edit] Repatriation

The Miami Herald reported on December 17, 2006 that Hashem was repatriated to Bangla Deshi custody.[3]

[edit] Bangladeshi detention

Qatari newspaper The Peninsula quotes an unnamed Bangladeshi Police official, stating:[5]

  • “A magistrate of a special court has given him one-month detention late Friday for suspected anti-state activities.”
  • “During this time we will investigate whether he has any connection with international or local militant groups.”
  • “He went to Pakistan in late 1998 with a three-month tourist visa but overstayed there for more than two years before he was arrested by American intelligence officers.”

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ a b "Suspected Bangladeshi militant returns from Guantanamo prison", Daily India'', December 24, 2006. Retrieved on December 27.
  3. ^ a b Bangladesh: Man returns from Guantánamo to police interrogation, Miami Herald, December 17, 2006
  4. ^ "Bangladeshi back home after 5 years of horror at Guantanamo prison", The Daily Star, December 18, 2006. Retrieved on December 17.
  5. ^ Guantanamo returnee slapped with detention in Bangladesh, The Peninsula, December 24, 2006