Sharaf Ahmad Muhammad Masud

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Sharaf Ahmad Muhammad Masud is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Masud's Guantantanmo detainee ID number is 170. American intelligence analysts estimate Masud was born in 1978, in Sana'a, Saudi Arabia ^[sic].

1 Combatant Status Review Tribunal
2 References

[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.

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 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 Tribunal. 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.

To comply with a Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Sharaf Ahmad Muhammad Masud was one of those 169 detainees.^[2]

[edit] Allegations

a. The detainee is associated with al Qaida.

In June 2001, detainee left Sana'a, Yemem ^[sic], and traveled to Kandahar, Afghanistan with the help of an Arabic speaking guide.
Detainee spent two months in various Arab houses in Afghanistan for religious training.
Detainee in September 2001 went to Kabul, Afghanistan for two weeks and then traveled to Jalalabad, Afghanistan.
In late December 2001, detainee and a group of Arabs fled Jalalabad with the help of an Afghan guide, reaching a small Pakastani ^[sic] village where he surrendered to the Pakastani ^[sic] Army.

[edit] Testimony

Masud did not chose to participate in his Combatant Status Review Tribunal.^[3] But he dictated a statement, which his Personal Representative read on his behalf.

[edit] Masud's statement

Masud denied the general allegation that he was associated with al Qaida.

Masud denied the specific allegation about the purpose of his travel to Afghanistan. He traveled there for religious purposes. He pointed out that he traveled there prior to the attacks on America on September 11, 2001. He acknowledged visiting two or three places frequented by other Arabs -- but that was when he was newly arrived, and he was finding his bearings.

Masud acknowledged spending two months in the Kandahar area.

Masud acknowledged traveling to Kabul. He spent approximately two weeks in Kabul. He went there to compare different Islamic practices. He left because Afghans were reacting to the overthrow of the Taliban by trying to kill Arabs. A friendly Afghan taxi driver, who spoke Arabic, drove him to Jalalabad.

In Jalalabad he was told it wasn't safe for him to continue to travel by himself. So he joined a group of people traveling overland to the Pakistani border. Once he arrived in Pakistan he sought out the Pakistani authorities, so he could secure their help getting to the Yemeni embassy. But they transferred him the US custody instead. He had found the overland travel so grueling he had abandoned his bags, which contained his passport.

Masud's final comment was:

"All the rules in the United States and in the world, the person is innocent until you prove he is guilty not innocent. But, here with Americans, the detainees are guilty until proven innocent."