Saiid Farhi

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Saiid Farhi is an Algerian held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His Guantanamo detainee ID 311. Farhi was born on March 29, 1961, in Churchelle, Algeria.

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.

Farhi 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 Farhi 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. Detainee left England in June 2001 to travel to Afghanistan, via Pakistan, to look for a wife.
  2. Detainee’s overall behavior has been non-compliant and aggressive. He has harassed the guards throughout his time at JTF GTMO. He has been involved in volatile situations, including inciting riots and trying ot harm the guard force. Detainee has also failed to comply with the rules of the cellblocks and the guard force.
b. Training
  1. The detainee received weapons training at the Bagram Front.
c. Connections/Associations
  1. While in England. The detainee attended the Finsbury Park Mosque and Baker Street Mosque, both known extremist mosques.
  2. The detainee stayed in an Algerian house while in Jalalabad, Afghanistan.
  3. While attending a funeral in Kabul shortly after September 11, 2001, the detainee saw Usama Bin Laden.
d. Intent
  1. Using a stolen French passport, the detainee traveled from France to Italy in 1997 and from Italy to England in January 2001.
  2. The detainee related that he believes Americans are tyrants.
e. Other Relevant Data
  1. Pakistani authorities captured the detainee when he attempted to cross the border between Afghanistan and Pakistan.
  2. Detainee received injuries during a bus accident while in the custody of the Pakistani authorities.
  3. Bus accident occurred during an escape attempt by Arab prisoners and several Pakistani guards were killed.

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

  • The detainee stated that September 11 was not right.
  • The detainee stated he never heard of al Qaida until after September 11. He described al Qaida as a platform or foundation.
  • Regarding his future intentions , the detainee stated that if released, he wants to “live a good life”, consisting of marriage, having children, getting a job, and living in Europe.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Factors for and against the continued detention (.pdf) of Saiid Farhi Administrative Review Board - page 28