Adel bin Ibrahim Hkiml

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Adel Bin Ahmed Bin Ibrahim Hkimi
Born: March 27, 1965(1965-03-27)
Bin Aroes, Tunisia
Detained at: Guantanamo
ID number: 168
Conviction(s): no charge, held in extrajudicial detention

Adel Bin Ahmed Bin Ibrahim Hkiml is a citizen of Tunisia, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 168. The Department of Defense reports that he was born on March 27, 1965. in Bin Aroes, Tunisia.

Contents

[edit] Identity

Initially, the Department of Defense's policy was to refrain from revealing any information about the identity of the captives. But, the DoD exhausted all its legal appeals in opposition to a Freedom of Information Act request, and was forced to release the identities of the captives, with a deadline of 6 pm on March 3, 2006. The DoD didn't fully comply right away. The DoD released an official list of all 558 captives whose secret determination as a "enemy combatant" status was re-assessed by a Combatant Status Review Tribunal on April 20, 2006.[2] The DoD finally released what they described as a full list of all the captives who had been held in Guantanamo — in military custody.[1]

This captive is notable because these two lists bore completely different names:

  • On April 20, 2006 captive 168 was listed as Muhammed Ibn Arfan Shaheen.[2]
  • On May 15, 2006 captive 168 was listed as Adel Bin Ahmed Bin Ibrahim Hkiml.[1]

Both lists said captive 168 was from Tunisia.

[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 Adel Bin Ahmed Ibrahim Hkimi's Combatant Status Review Tribunal, on 6 October 2004.[3] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida:
  1. The detainee departed Tunisia, via Italy and Pakistan, arriving in Afghanistan about the end of 1997.
  2. The detainee lived for six months at a paramilitary training camp in the vicinity of Jalalabad, Afghanistan, where he received military training, specifically weapons training on the AK-47 rifle and the Mararov pistol [sic] .
  3. The detainee was identified as the point of contact between Tunisian terrorists in Afghanistan and al Qaida members in Pakistan.
  4. The detainee provided weapons training.
  5. The detainee recruited for terrorist training camps.
  6. One of the detainee's known aliases was on a list of captured al Qaida members that was discovered on a computer hard drive associated with a senior al Qaida member.
b. The detainee participated in military operations against the coalition.
  1. The detainee was present in Tora Bora during the U.S. air campaign.

[edit] Administrative Review Board hearings

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 Muhammed Ibn Arfan Shaheen's first annual Administrative Review Board, on 26 October 2005.[6] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee stated that during the war in Bosnia he worked and slept at a large hospital. He helped with the wounded and performed any other jobs they needed. He stated he spent less than three months in Bosnia, and then returned to Bologna, Italy.
  2. Another individual claimed that he fought with the detainee in Bosnia for eight months starting in June or July 1995, and they fought together on a major operation labeled Badr al Bosna.
  3. The detainee's name was discovered listed under Operation Brown Lion in Bosnia.
  4. While in Jalalabad, Afghanistan in June 2000, the detainee was one of the main leaders who agreed to created the Tunisian Combatant Group. The detainee was assigned the role of contacts [sic] , welcome greetings and travels [sic] for the Tunisian Combatant Group.
  5. The detainee said "the detainees in Cuba will never forget the tyranny brought unto them by America. If they are released from Cuba the detainees are going to get revenge from the time they have spent over here."
  6. The detainee said he would kill President Bush if given the chance because President Bush is the cause of all these problems for Muslims.
b. Training
  1. The detainee stated he trained at Khaldan training camp from August 1997 to February 1998. His training consisted of small arms training and spiritual training. The detainee also stated he attended light weapons training in Durunta.
  2. The detainee was sent to Pakistan to attend a paramilitary training camp as part of the Bologna Group of the Islamic Armed Group.
c. Connections/Associations
  1. A senior al Qaida operative said the detainee served as point of contact between himself and the Tunisian group located in Jalalabad.
  2. The same al Qaida operative said the detainee joined a small group of Tunisians in the Khaldan camp and became the group's Deputy Emir. He also stated that after the 11 September 2001 attacks, the detainee went to Tora Bora to fight with al Qaida.
  3. The detainee hosted three al Qaida personnel in his house on their way from Kabul to Tora Bora.
  4. The detainee stated he considered himself to be the third or fourth person in the leadership hierarch of the Tunisians in Afghanistan.
  5. The detainee also had ties to al Qaida by providing forged passports while living in Jalalabad.
  6. The detainee was listed as a member of the Islamic Armed Group by the Italian authorities and was wanted for arrest in Italy as of 1997.
  7. The detainee was also identified as specializing in negotiating and distributing false banknotes for the Islamic Armed Group.
d. Detainee Actions and Statements
The detainee admitted that he was involved with passport forgery operations and that he trained at the Khaldan camp.
e. Other Relevant Data
  1. Pakistani authorities arrested the detainee for having an illegal Afghani passport. He was detained without identification documents.
  2. The detainee identified himself as a violetn person in Tunisia, which was before he chose to fully pursue Islam. The detainee revealed he had killed a man who had cheated him.

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

a.

The detainee denies any role in document forgery or logistical support for any organization either in Italy or later in Pakistan.
b.

The detainee claims he has no knowledge of North Africans in Europe who are, or were, involved in logistical support for any terrorist organization.
c.

The detainee claims his purpose for going to Pakistan, and later to Afghanistan, was to open a restaurant, which he never did. His reason for not opening a restaurant was that he could not trust the Pakistanis. He bought a house in Afghanistan and married.
d.

The detainee denied pledging bayat to Usama Bin Laden.

[edit] References

  1. ^ a b c list of prisoners (.pdf), United States Department of Defense, May 15, 2006
  2. ^ a b list of prisoners (.pdf), United States Department of Defense, April 20, 2006
  3. ^ OARDEC (6 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Hkimi, Adel Bin Ahmed Ibrahim pages 171-172. 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 (26 October 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Shaheen, Muhammed Ibn Arfan page 88-90. United States Department of Defense. Retrieved on 2008-05-05.