Abdullah bin Amor

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Abdullah Bin Omar
Born: June 28, 1958(1958-06-28)
Massoulta, Tunisia
Detained at: Guantanamo
ID number: 721
Conviction(s): convicted in absentia in Tunis -- didn't know about the Tunisian conviction when returned to Tunisia.

Abdullah Bin Omar is a citizen of Tunisia formerly held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 721. Joint Task Force Guantanamo counter-terrorism analysts report he was born on June 28, 1958, in Massoulta, Tunisia.

He is now serving a 12-year sentence in Tunisia for some involvement with "Front Islamique de Tunisie" in the 1990's[2]

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 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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdullah Bin Omar's Combatant Status Review Tribunal, on 3 November 2004.[3] The memo listed the following allegations against him:

A. The detainee is associated with forces that are engaged in hostilities against the United States and its coalition partners.
  1. The detainee moved to Pakistan between 1990-1992.
  2. The detainee's son-in-law was also arrested.
  3. The detainee's son-in-law is identified by the Tunisian government as 1 of 4 of the most dangerous operatives in defense of the Islamic cause.
  4. The detainee's son-in-law was also identified by a senior al-Qaida lieutenant as a document forger in Pakistan who received financial assistance from al-Qaida.
  5. The detainee stayed at a home owned by an al Qaida supporter.
  6. An al Qaida supporter helped moved [sic] al-Qaida members from Afghanistan into Pakistan [sic] .
  7. The detainee's name was on a list of al-Qaida members found in a home by Coalition forces in December 2001.
  8. The detainee was captured in Pakistan in April 2002.

[edit] Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[4]

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.[5] 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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdullah Bin Omar's first annual Administrative Review Board, on 12 August 2005.[6] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. According to Foreign Goverment service reports, the detainee is known for having involvement with terrorist activities in the 1980's [sic] .
  2. The detainee was provided with false travel documentation and he traveled to Afghanistan either through Pakistan or Iran.
  3. Detainee traveled to Pakistan under Usama Bin Ladin's protection.
  4. Detainee was in charge of the Tunisian guesthouse and was responsible for greeting new arrivals in Afghanistan.
b. Training
  1. The Khaldan training camp provided a six-month training program that consisted of light weapons, heavy weapons, explosives, topography and a tactical course.
  2. The Khaldan camp had tunnels used by the Taliban and al-Qaida as shelters.
  3. The Derunta training camp provided a two-week poisons course.
  4. The Derunat training camp was known to house senior al-Qaida members.
  5. The Derunta camp also had random areas for test firing of explosives and weapons.
  6. Reports state the detainee attended al-Qaida training camps and specialized in anti-aircraft missiles, and eventually became a camp trainer.
c. Connections/Associations
  1. The detainee's name appeared on a spreadsheet account of stipend assistance provided to al Qaida operative families covering a six-month period of May to October 2002. The spreadsheet was found on a 20-gigabyte laptop computer hard drive associated with al Qaida financial operative Mustafa Ahmad Al-Hawsawi.
  2. Al-Hawsawi, an al-Qaida financial manager, was known to provide funds for the September 11 hijackers.
  3. The detainee lived in Lahore, Pakistan at the home of Nur Zaman [sic] .
  4. Pakistani Police arrested the detainee in the home that he was renting from Nur Al Zaman [sic] .
  5. Nur Zaman is a known member of Lashkar-I-Tayyiba.
  6. Lashkar-I-Tayyiba (LT) an armed wing of the Pakistan based religious organizaiton Markaz-ud-Dawa-wal-irshad (MOI) a Sunni anit United States missionary organization formed in 1989. LT operatives have facilitated the movement of al Qaida members in Pakistan.
  7. A man known to facilitate movement of al-Qaida members idenitified Nur Zaman and stated Zaman assisted him in moving al-Qaida members in Pakistan.
  8. It was stated by an al-Qaida facilitator that Nur Zaman was trusted by al-Qaida and facilitated the movement of Arabs into Afghanistan, and likely met Usama Bin Ladin from Zaman's days in the training camps in Afghanistan.
  9. The detainee stayed in a Zahidan, Iran guesthouse run by Abd Al-Ghaffar Al-Libi. During this time, he met another guest, Nasir Al-Maghribi.
  10. Nasir Al-Maghribi is a member of the Libyan Islamic Fighting Group.
  11. Libyan Islamic Fighting Group (LIFG) emerged in 1995 and is aligned with Usama Bin Ladin's al-Qaida organization and is active in the international mujahidin network.

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

a.

Detainee denied being a member of any militant groups when he lived in Tunisia.
b.

Detainee stated he does not know anything about the Taliban.
c.

Detainee denied receiving any type of military or weapons training, even when he lived in Tunisia.
d.

Detainee stated after he moved to Pakistan, he never left Pakistan and never went to Afghanistan.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdullah Bin Omar's second annual Administrative Review Board, on 25 April 2006.[7] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
The detainee was in charge of the Tunisian guest house and was responsible for greeting new arrivals to Afghanistan.
b. Training
Reporting states the detainee attended al Qaida training camps, specialized in anti-aircraft missiles and eventually became a camp trainer.
c. Connections/Associations
  1. According to foreign government service reports, the detainee is known for having involvement with terrorist activities in the 1980s.
  2. The detainee traveled to Pakistan under Usama bin Laden's protection.
  3. The detainee's name appeared on a spreadsheet account of stipend assistance provided to al Qaida operative families covering a six-month period from May to Octover 2002. The spreadsheet was found on a 20-gigabyte laptop computer hard drive associated with al Qaida financial operative Mustafa Ahmad al Hawsawi.
  4. Al Hawsawi, an al Qaida financial manager, was known to have provided funds for the 11 September 2001 hijackers.
  5. Pakistani police arrested the detainee in the home he was renting from Nur al Zaman.
  6. Nur al Zaman is a known member of Lashkar-e-Tayyiba.
  7. Lashkar-e-Tayyiba an armed wing of the Pakistan-based religious organization Markaz-ud-Dawa-wal-irshad, a Sunni anti-United States missionary organization, formed in 1989. Lashkar-e-Tayyiba operatives have facilitated the movement of al Qaida members in Pakistan.
  8. A senior al Qaida lieutenant claimed he met the detainee in Jalalabad, Afghanistan and added the detainee to the list of individuals who received aid from the senior al Qaida lieutenant. The senior al Qaida lieutenant said that the detainee was friendly with the Libyans who had left the Libyan Islamic Fighting Group.
  9. The senior al Qaida lieutenant was in charge of Usama bin Laden's camps [sic] .
  10. An al Qaida facilitator stayed with the detainee in Afghanistan.

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

a.

The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001, and also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.
b.

The detainee stated that he was not a member of any type of group of organization while he lived in Pakistan. He also stated if he ever wanted to be a member of some type of group he would have stayed in Tunisia.
c.

The detainee denied being a member of any militant groups when he lived in Tunisia. He stated one group, called the Tablighs, were missionaries and he enjoyed listening to them in the mosques. The detainee stated they were not a militant organization, not did he belong to the group.
d.

The detainee stated he does not know anything about the Taliban. He also stated he does not know anyone who was a member of the Taliban.
e.

The detainee stated that after he moved to Pakistan he never left Pakistan and never went to Afghanistan.

[edit] Transcript and missing documents

The decision documents from his second Review Board was heavily redacted. One unredacted paragraph, entitled: "Written and/or Oral Testimony from the EC", stated[8]:

When questioning the EC why he did not want to attend the ARB, the EC stated, "I am not ready to appear or have any desire to appear before the board. Some of these allegations are new to me and are made up stories." The EC provided comments in response to the information in the Unclassified Summary of Evidence. These comments are documented in Exhibit EC-B

No transcript was published from the unclassified session of his hearing. Neither was his written response to the factors published.

The Department of Defense has not offered an explanation as to why the the documents were withheld.

[edit] Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[9][8] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 10 October 2006.

[edit] Guantanamo records

There is no record that Bin Omar chose to participate in either his Combatant Status Review Tribunal or his Administrative Review Board.

[edit] Release

On March 9, 2007 Christopher Chang, of the human rights group Reprieve announced that the US Government had agreed to release Bin Omar.[10]

On June 19, 2007 six men were released from Guantanamo.[11] According to the Miami Herald, the Center for Constitutional Rights identified one of the men as Abdullah Bin Omar. They said he was 51 years old, not 48 as the DoD claimed.

[edit] Tunisian detention

Clive Stafford Smith has reported that Abdullah Bin Omar has been tortured since he returned to Tunisia.[12] Stafford Smith reported that Tunisian interrogators have threatened to rape Abdullah Bin Omar's wife and daughter.

Stafford Smith wrote that he was in Guantanamo, waiting to meet with Abdullah Bin Omar, when he received an email, informing him that, since his arrival at Guantanamo, he had been repatriated to Tunisia.[12]

Jennifer Daskal, writing in the Washington Post, reported that after several days of abusive interrogation and sleep deprivation, he was forced to sign some kind of document, even though his vision had deteriotaed to the extent he couldn't read it, and had no idea what it said.[13]

Abdullah al-Hajji Ben Amor was convicted on Wednesday, November 14, 2007 of belonging to terrorist organization.[14] He was sentenced to seven years imprisonment.

Human Rights Watch reports that in 1995 he was convicted in absentia on the same charge.[15] Human Rights Watch reports that:

"...neither the Tunisians nor Americans ever informed him of the 1995 conviction before sending him home."

[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. ^ LeMonde article about bin Omar's conviction in Tunisia
  3. ^ OARDEC (3 November 2004). Summary of Evidence for Combatant Status Review Tribunal -- Omar, Abdullah Bin page 89. United States Department of Defense. Retrieved on 2008-05-06.
  4. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  5. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  6. ^ OARDEC (12 August 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Omar, Abdullah Bin pages 52-54. United States Department of Defense. Retrieved on 2008-05-05.
  7. ^ OARDEC (25 April 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Omar, Abdullah Bin pages 89-91. United States Department of Defense. Retrieved on 2008-05-05.
  8. ^ a b OARDEC (5 May 2006). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 721 pages 75-81. United States Department of Defense. Retrieved on 2008-05-05.
  9. ^ OARDEC (30 September 2006). Administrative Review Board assessment and recommendation ICO ISN 721 page 74. United States Department of Defense. Retrieved on 2008-05-05.
  10. ^ "U.S to release Tunisian held in Guantanamo, London-based humanitarian group says", International Herald Tribune, Friday, March 9, 2007. 
  11. ^ Carol Rosenberg. "Six more detainees leave Guantánamo", Miami Herald, June 19, 2007. Retrieved on 2007-06-19. 
  12. ^ a b Clive Stafford Smith. "From Guantanamo to worse", New Statesman, July 12, 2007. Retrieved on 2007-07-12. 
  13. ^ Jennifer Daskal. "A Fate Worse Than Guantanamo", Washington Post, Sunday, September 2, 2007, p. B03. Retrieved on 2008-05-05. 
  14. ^ Caitlin Price. "Tunisia court convicts former Guantanamo Bay detainee on terror charges", The Jurist, Wednesday, November 14, 2007. Retrieved on 2007-11-18. 
  15. ^ "Abdullah al-Hajji Ben Amor", Human Rights Watch. Retrieved on 2007-11-18.