Soufian Abar Huwari

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Soufian Abar Huwari is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Huwari's Guantanamo detainee ID number is 1016. The Department of Defense reports that April 29, 1970, in Ouran, Algeria.

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.

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

[edit] Allegations

Huwari's Personal Representative didn't read the allegations against Huwari, verbatim, instead he paraphrased them. The paraphrased allegations against him that Huwari heard during his Tribunal were:

a. -- The general summary of the Huwari's alleged association with terrorism was missing from the transcript.
  1. "...a member of al Qaida because you contacted al Qaida leader Abdul Haq, upon arrival in Istanbul, Turkey in April of 2001."
  2. "...traveled from Istanbul Turkey to the Republic of Georgia in 2001."
  3. "...first met the al Qaida leader, Al Haq, in Algeria in 1992."
  4. "...An al Qaida leader said he knew you at a terrorist training camp in Georgia."

[edit] Testimony

[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.

Huwari chose to participate in his Administrative Review Board hearing.[3]

[edit] The following primary factors favor continued detention:

a. Training
  1. The detainee was trained by the Algerian Army on how to use hand grenades and the Kalashnikov and Seminov rifles.
  2. The detainee held a maritime crewmember’s license and at one time he was working toward a master maritime license.
b. Connections/Associations
  1. In March 1998, the detainee was arrested by a Foreign Government Service for his association with a known terrorist.
  2. The detainee lived in Georgia with Chechen fighters and their families.
  3. The detainee was acquainted with an al Qaida operative who lived in a Georgian guesthouse.
  4. The detainee knew the Chechen leader named Gelayev.
  5. The detainee was captured with an Algerian Jihadist active in Chechnya and Georgia.
  6. The detainee was captured on a bridge approximately 50 miles from where he lived.
c. Detainee Actions and Statements
  1. The detainee used a forged bank receipt to obtain a visa to travel to Italy. The detainee purchased a round trip ticket to Italy, but didn’t use the return portion.
  2. When he was in Europe the detainee used two false identifications from France and Italy with different names on them.
  3. The detainee wore normal clothing to facilitate traveling between France and Italy without appropriate papers.
  4. The detainee was arrested in Germany for crossing the border without appropriate papers. The detainee was deported to France and from France he was deported to Algeria.
  5. The detainee traveled from Turkey to Georgia without appropriate papers. A Chechen man met the detainee at the airport in Georgia and provided him with travel documents.
  6. The detainee admitted to fighting against the Russians in Chechnya. The detainee is a member of the Chechen Jihad and a suspected member of the Zarqawi network.
  7. The detainee stated the Spanish bombings happened because the Spanish did not remove their troops from Iraq. The detainee feels the Spanish brought it on themselves.
d. Other Relevant Date
  1. The detainee said that the Jews are behind the ongoing war and that they want the Christians to help them fight the Muslims. Once the Muslims are defeated, the detainee predicts that the Jews will turn against the Christians. The detainee also stated that the Jews have taken over Germany and the United States, are working in Europe, and the rest of the world, and they are seeking power through their hidden agenda.
  2. The detainee was jailed for forty-five days in 1986 for stabbing a girlfriend and stealing jewelry from her.
  3. The detainee stated that when he lived in Europe he sold and used marijuana, hashish, and cocaine. The detainee also stated he robbed tourists for money.

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

a. The detainee denied participating in fighting in Chechnya and stated he had no role in activities within Afghanistan or America.
b. The detainee stated he had no interest in the ideas of Usama Bin Ladin or al Qadia [sic] and he could not be persuaded to join their cause.
c. The detainee stated he has never been to Afghanistan or to a Zarqawi training camp? [sic]
d. The detainee claims that he did not see any fake passports in Duisi [sic]
e. The detainee declined the Chechen leader Gelayev’s offer to fight with them against the Russians.
f. Despite living with Chechen fighters the detainee stated he did not fight against the Russians.
g. The detainee claimed that he refused his friend’s encouragement to fight the Jihad.

[edit] Response to the factors

[edit] Response to Board questions

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Summarized transcripts (.pdf), from Soufian Abar Huwari's Combatant Status Review Tribunal - pages 15-23
  3. ^ Summarized transcript (.pdf), from Soufian Abar Huwari's Administrative Review Board hearing - page 294-311
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