Abdul Aziz Sa'ad Al-Khaldi

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Abdul Aziz Saad Al Khaldi
Born: September 11, 1979(1979-09-11)
Riyadh, Saudi Arabia
Detained at: Guantanamo
ID number: 112
Conviction(s): no charge, held in extrajudicial detention

Abdul Aziz Saad Al Khaldi is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 112. The Department of Defense reports that Al Khaldi was born on September 1, 1979, in Riyadh, Saudi Arabia.

Contents

[edit] Identity

Captive 112 was named inconsistently on various Department of Defense documents:

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.
Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.[4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]

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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdul Aziz Sa'ad Al-Khaldi's Combatant Status Review Tribunal, on 21 October 2004.[2] The memo listed the following allegations against him:

a. The detainee is associated with al Qaeda:
  1. The detainee traveled from his home in Saudi Arabia to Afghanistan via Syria and Iran after 11 September 2001]].
  2. The detainee received training in the use of AK-47 rifle while staying at a guesthouse in Konduz, Afghanistan.
b. The detainee participated in military operations against the coalition.
  1. The detainee carried a weapon on the battlefield.
  2. The detainee partipated in military operations against the United States and its coalition partners while stationed on the front lines in the [[Khawajah Gar region of Afghaniatan.
  3. The detainee was captured by Northern Alliance Forces near Mazar-e Sharif [sic] prior to 25 November 2001.
  4. The detainee was present at, and wounded during the prison camp uprising at Mazar-e Sharif [sic] on 25-28 November 2001.

[edit] Transcript

Al Khaldi chose to participate in his Combatant Status Review Tribunal.[6] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published an eleven page summarized transcript from his Combatant Status Review Tribunal.[7]

[edit] Opening statement

Al Khaldi informed his Tribunal he felt he had been forced to utter falsehoods, in order to avoid torture.

Al Khaldi asserted that during his interrogation his interrogators were confusing him with someone else. He was shown an ID card that bore a different picture and a different name than his own and his interrogators insisted it was his ID.

Al Khaldi informed his Tribunal that his brother was in Guantanamo as well, but the camp authorities wouldn't let themsee one another.

Al Khaldi told his Tribunal that his letters from home were being withheld, and he found this psychological damaging.

Al Khaldi told his Tribunal that he hoped his testimony wouldn't lead to more torture.

[edit] Testimony in response to the allegations

He denied any association with al Qaeda.

When addressing the first specific allegation that he was associated with al Qaeda Al Khaldi acknowledged that he left Saudi Arabia after September 11, 2001 to travel to Afghanistan. But the reason he did so was to meet his brother, and try to convince his brother to return to Saudi Arabia. He would have left earlier, but his last final exam was on September 23, 2001.

When addressing the second allegation that he was associated with Al Qaeda Al Khaldi claimed he had never heard of the guesthouse he stayed in. He chose it to stay at simply because it had vacancies. He didn't receive any training at the house, and he paid for all his expenses.

In response to the general allegation that he participated in hostile acts Al Khaldi asserted that he was a civilian and denied participating in any hostilities.

In response to the first, second, third and fourth specific allegations that he participated in specific hostile acts

  • Al Khaldi denied ever carrying a weapon in his life.
  • Al Khaldi denied going anywhere near any battlefields.
  • Al Khaldi acknowledged meeting his brother in Khawajah Ghar, but denied it could be considered a battlefield.
  • Al Khaldi denied being captured. He voluntarily surrendered himself to the authorities, around the 25-28th November, hoping that they could help him safely exit Afghanistan.
  • Al Khaldi said that when he went to the Northern Alliance they tied him up.

[edit] Further testimony on his behalf

Al Khaldi repeated that the sole reason he traveled to Afghanistan was to try to talk his brother into returning to Saudi Arabia. No one arranged his travel for him. No one paid his travel expenses for him.

Al Khaldi stated he had never said anything against the United States or its coalition partners. And, after examining the definition of "enemy combatant" he couldn't see how it applied to him.

Al Khaldi repeated the hope that his testimony at his Tribunal wouldn't bring more torture down on him.

[edit] Testimony in response to questions from the Tribunal's officers

In response to questions from the Tribunal's officers:

  • Al Khaldi acknowledged traveling to Afghanistan from Saudi Arabia with a school chum, named Ulsur Yumani.
  • Al Khaldi explained that he paid for his travels from his monthly University stipend and for odd jobs he did at the University. After three years of imprisonment he couldn't recall exactly how much he had taken -- but it was enough for him to get there, and pay for both his return, and his brother's return.
  • Al Khaldi answered that the University he attended was Al-Imam Mohamed ibn Saud Islamic University.
  • Al Khaldi said the unclassified summary was missing one of his family names -- that his name was really Abdul Aziz Sa'ad Alfalfi [sic] , and that this was the name on his passport, which he had with him.
  • Al Khaldi confirmed he had never met anyone from al Qaeda before he was captured.
  • Al Khaldi confirmed he saw other patrons at the Guest house carrying weapons. He said everywhere one went one saw men carrying weapons. That they were carrying weapons did not mean they were soldiers.
  • Al Khaldi confirmed that he had been tortured after he arrived in Cuba, as well as before he left Afghanistan. The first people who tortured him were the Afghan authorities, who tortured him every time he denied being a member of the Taliban or al Qaeda. Then, in Kandahar, an English speaking interrogator tortured him. One of his teeth was broken during these brutal interrogations.

[edit] References

  1. ^ a b OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
  2. ^ a b OARDEC (21 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al-Khaldi, Abdul Aziz Sa'ad pages 25-26. United States Department of Defense. Retrieved on 2007-12-03.
  3. ^ Abdul Mohammed v. George Walker Bush pages 90-117. United States Department of Defense (22 July 2005). Retrieved on 2008-05-05.
  4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  5. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
  6. ^ OARDEC (date redacted). Summarized Statement pages 53-63. United States Department of Defense. Retrieved on 2008-05-08.
  7. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15.