Nayif Abdallah Ibrahim Al Nukhaylan

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Nayif Abdallah Ibrahim Al Nukhaylan (also transliterated Nayif Abdallah Ibrahim Ibrahim) is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Nukhaylan's Guantanamo detainee ID number is 258.

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 their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's 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. Navy photo by Photographer’s Mate 1st Class Christopher Mobley
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 their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's 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. Navy photo by Photographer’s Mate 1st Class Christopher Mobley

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.

Al Nukhaylan 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.

The factors for and against continuing to detain Al Nukhaylan 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
  1. The detainee admits traveling to Afghanistan to participate in Jihad.
  2. Detainee's mode of travel was to leave Saudi Arabia via bus to Kuwait, from Kuwait to Syria on a plane and from Syria to [[Iran[[, again on an airplane and then from Iran to Afghanistan via bus. The detainee paid for this trip with the funds given to him at the mosque.
b. Training
  1. Detainee admits receiving training at al-Farouq weapons training camp. He received instruction on the AK-47 rifle, PK machine gun, and RPG weapons system.
  2. Detainee also attended a Moroccan training camp in Jalalabad for six to seven months.
  3. Detainee admits receiving mortar training at the Moroccan camp.
c. Connection
  1. Detainee admits knowing that al-Farouq training camp belonged to Usama Bin Laden and that it was a terrorist training camp.
  2. Detainee stayed at the Bayt al Arab guest-house in Kandahar, Afghanistan.
  3. The Bayt al Arab guest-house is maintained by Usama Bin Laden.
d. Intent
  1. Detainee said to a guard at Guantanamo Bay, Cuba, "Sergeant, I will kill you."

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

  • The detainee claimed he went to jihad for religious reasons and to do charity work, like food distribution.
  • Detainee stated he despised al Qaida, who he believes were very dangerous, and they lied to him. Detainee believes al Qaida prevented him from going home and had stolen his passport, which he believed they would use in some kind of operation.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Factors for and against the continued detention (.pdf) of Nayif Abdallah Ibrahim Al Nukhaylan Administrative Review Board - page 97
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