Abdul Rahman Umir Al Qyati
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Abdul Rahman Umir Al Qyati is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Qyati's Guantanamo detainee ID number is 461. Intelligence analysts estimate that he was born in 1976 in Jeddah, Saudi Arabia.
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[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 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.
There is no record that Al Quati chose 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 Al Qyati 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
- The detainee traveled to Afghanistan during Ramadan 2001, for Jihad.
- The detainee was trained on the Kalashnikov and Seminov rifles while at al Farouq training camp.
- The detainee carried a Kalashnikov rifle while on guard duty at the airport.
- The detainee was captured by Anti-Taliban Forces at the Kandahar airport.
- b. Connections and Associations
- The detainee stayed at two Taliban safe houses during his travel to Afghanistan.
- The detainee arrived at al Farouq training camp in the beginning of May 2001.
- After training at the al Farouq camp, the detainee traveled extensively with his unit from Qandahar throughout eastern Afghanistan.
- The detainee served as a guard at the Qandahar airport for 39 high-level Taliban personnel.
- c. Intent
- The detainee holds the United States in disdain, admitting that if another call for Jihad were issued he would comply even if it meant killing Americans and destroying U.S. interests.
- The detainee stated that in Jihad one must choose the right side to join; in a Jihad it is a Muslim's duty to convert the opposing army in the midst of the struggle.
- Poetry with jihad references was found in the detainee's cell.
- d. Other Relevant Data
- The detainee stated that he had provided all of the information he was going to provide. The detainee said he did not care if he was ever allowed to go home.
- The detainee has called military police at different times: "stupid donkey" and "jack ass". The detainee called on military police officer "a stupid black girl, nigger". The detainee also told a military police officer to "shut up" and proceeded to communicate insults in a different language to the officer.
- e. Intelligence Value
- The detainee may be able to provide specific information on the type of training and personalities involved with the administration of training at the al Farouq camp.
- The detainee may be able to provide specific info on the recruitment of Saudi Arabians to the Taliban in AF.
[edit] The following primary factors faover release or transfer:
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- The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th, 2001, and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Factors for and against the continued detention (.pdf) of Abdul Rahman Umir Al Qyati Administrative Review Board - page 63