Abdul Rahman Shalabi

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Abdul Rahman Shalabi
Born: December 4, 1975(1975-12-04)
Medina, Saudi Arabia
Detained at: Guantanamo
ID number: 42
Conviction(s): no charge, held in extrajudicial detention

Abdul Rahman Shalabi 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 42.


Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

Initially the Bush Presidency 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 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 Presidency's definition of an enemy combatant.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdul Rahman Shalabi's Combatant Status Review Tribunal, on 26 October 2004.[2] The memo listed the following allegations against him:

a. The detainee is a member of al Qaida:
  1. The detainee traveled from his home in Saudi Arabia to Afghanistan, via Pakistan.
  2. While serving with al Qaida in Afghanistan, the detainee used the alias of Saqr Al Madani.
  3. The detainee served as a bodyguard to Usama Bin Laden from 1998 until June 2001.
  4. The detainee received back injuries during the 1998 bombing of al Qaida facilities in Afghanistan.
b. The detainee participated in military operations against the United States and its coalition partners:
  1. The detainee was present at the battle of Tora Bora.
  2. The detainee carried an AK 47 on the battlefield.
  3. Pakistan security forces captured the detainee in the company of 29 other Arabs attempting to enter Pakistan.

[edit] Transcript

There is no record that Abdul Rahman Shalabi chose to participate in his Combatant Status Review Tribunal.

[edit] Abdul Rahman Shalabi v. George W. Bush

A writ of habeas corpus, Abdul Rahman Shalabi v. George W. Bush, was submitted on Abdul Rahman Shalabi's behalf.[3] In response, on 19 May 2005, the Department of Defense released eighteen pages of unclassified documents related to his Combatant Status Review Tribunal.

On 5 November 2004 Tribunal panel 19 convened, and confirmed his "enemy combatant" status, based on classified "evidence".

[edit] Detainee election form

The Detainee election form prepared by his Personal Representative record they met, for fifteen minutes, for a pre-Tribunal interview, at 8:15 am on 4 November 2004, the day before the Tribunal convened. It records:

Detainee will not participate. He affirmatively declined to participate and to have the PR represent him. He was silent throughout the reading of the script until he was asked if he wanted to participate. He then affirmatively declined, indicating that he did not trust the PR as he did not know him, did not trust the process as it is another game the US is playing.

[edit] Recorder exhibit list

The documents released in response to the habeas corpus petition contained a Recorder exhibit list.

Recorder Exhibit List For # 042
# Title Classification
RI Unclassified Summary UNCLASSIFIED
R2 FBI Certification Re: Redaction of National Security Information dtd dtd 27 OCT 04 UNCLASSIFIED
R3 FBI 302 did 16 MAR 02 FOUO//LES
R4 FBI 302 (000055DP) did 29 AUG 02 FOUO//LES
R5 FBI 302 (000252) did 17 MAY 03 FOUO//LES
R6 IIR 6 034 0743 03 SECRET//NOFORN
R7 CITF FM 40 (001452DP) dtd 14 JUN 04 SECRET//NOFORN
R8 CITF FM 40 (001457DP) dtd 15 JUN 04 SECRET//NOFORN
R9 Knowledgeability Brief dtd 01 FEB 02 SECRET
R10 CITF Recommendation Memo dtd 26 APR 04 SECRET//NOFORN
Rll JTF GTMO Baseball Card SECRET//NOFORN
R12 IIR 6 034 0993 03 SECRET//NOFORN

[edit] References

  1. ^ 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. ^ OARDEC (26 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Shalabi, Abdul Rahman pages 48-49. United States Department of Defense. Retrieved on 2008-05-05.
  3. ^ Abdul Rahman Shalabi v. George W. Bush pages 40-57. United States Department of Defense (19 May 2005). Retrieved on 2008-05-05.