Adil Zamil al-Zamil

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Adil Zamil Abdull Mohssin Al Zamil
Born: August 23, 1963(1963-08-23)
Kuwait City, Kuwait
Detained at: Guantanamo
ID number: 568
Conviction(s): no charge, held in extrajudicial detention
Status Repatriated to Kuwait, charged, tried, acquitted

Adil Zamil Abdull Mohssin Al Zamil is a citizen of Kuwait who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 568. Joint Task Force Guantanamo counter-terrorism analysts report that Al Zamil was born on August 23, 1963, in Kuwait City, Kuwait.

Contents

[edit] Identity

Captive 568 was identified inconsistently on official 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 Adel Zamel Abd Al Mahsen Al Zamel's Combatant Status Review Tribunal.[6] The memo listed the following allegations against him:

[edit] Allegations

The allegations Al Zamil faced, during his Tribunal, were:[3]

a Detainee is associated with al-Qaida.
  1. The detainee admits establishing the al-Wafa organization with detainee Abu Abdel Aziz (a.k.a. Abdul Aziz al-Matrafi) and Samar Khand in Kabul, Herat and Kandahar, AF. Detainee worked in the Kandahar office.
  2. The WAFA organization is listed on Executive Order 13224 as an entity that commits or poses a significant risk of committing acts of terrorism.
  3. Detainee was closely associated with Suliman Abu Ghaith and admits that Ghaith was the spokesperson for al-Qaida and Usama Bin Laden.
  4. Detainee stayed at a safe house for several weeks in Pakistan while waiting to flee the country. He was arrested at the house with sixteen other persons by Pakistani authorities.
  5. Detainee had prior knowledge of the September 11, 2001 attacks on the U.S.

[edit] Transcript

Al Zamil chose to participate in his Combatant Status Review Tribunal.[7] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a five page summarized transcript from his Combatant Status Review Tribunal.[8]

[edit] Testimony

[edit] Discussion of Unclassified Evidence

Al Zamil's unclassified dossier contained a three page document entitled: "Unclassified Summary of basis for Tribunal decision." This document included a section entitled "Discussion of Unclassified Evidence", which stated, "the Tribunal found the following unclassified evidence persuasive in making its determinations:"

"Evidence" his Tribunal found "persuasive"
Exhibit R-2
  • ...which documents an interview conducted with the detainee.
  • During the course of the interview[9], the detainee admits that he and several other individuals started al-Wafa offices in three Afghani cities, and that he worked in the Kabul office.
  • Exhibit R-2 was not included in Al Zamil's unclassified dossier.
Exhibit R-4
  • ...is an FBI memorandum that documents how the detainee moved his family and the family of Abu Ghaith out of Afghanistan in late August/early September of 2001.
  • Exhibit R-4 was not present in Al Zamil's unclassified dossier.
  • None of the Tribunal members invited him to address the allegation that he moved his family out of Afghanistan prior to the attacks of 9-11.
Exhibit R-5
  • ...documents the fact that detainee was aware, after 11 Sep 01, that his associate Abu Ghaith was a member of al Qaida and a spokeman for Usama Bin Laden.
  • In his sworn statement, the detainee admitted his associations with al-Wafa and Abu Ghaith, and admitted moving his family and Ghaith's out of Afghanistan prior to 11 Sep 01.
  • He denied that he was associated with al Qaida, and denied that al-Wafa had anything to do with terrorism.
  • He also claimed that he was simply an employee of al-Wafa, not the person that established the offices in Afghanistan. He also denied prior knowledge of the 9-11 attacks.
  • Exhibit R-5 was not present in Al Zamil's unclassified dossier.

The Tribunal found the following unclassified evidence unpersuasive in making its

determinations:

  • The Tribunal found the Detainee’s sworn statement to be extremely self serving and felt that he was attempting to minimize any involvement he had with Abu Ghaith, al-Wafa or al Qaida.
  • The Tribunal found his testimony less than credible, and therefore not very helpful in reaching a determination.
  • The Tribunal also relied on certain classified evidence in reaching its decision.

A discussion of the classified evidence is found in Enclosure (2) to the Combatant Status Review Tribunal Decision Report.

[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".[10]

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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Adel Zamel Abd Al Mahsen Al Zamel's first annual Administrative Review Board, on 10 May 2005.[11] The memo listed factors for and against his continued detention.


The factors for and against continuing to detain Al Zamil were among the 121 that the Department of Defense released on March 3, 2006.[12]

[edit] The following primary factors favor continued detention:

a. Commitment
  1. Detainee had prior knowledge of the 11 September 2001 attacks on the United States.
  2. The detainee is considered a Takfiri, but would not be considered a Jihadist as he doesn’t have the fortitude to risk his own life for a cause.
  3. Takfir Wa’al Hijra, or “the society that accuses nominal Muslims of unbelief,” originated in Egypt in the 1970s. The group name has been adopted outside of Egypt; those associated with it generally are outlawed because of their radical ideology, including goals supporting the overthrow of governments not based solely on Shari’a.
b. Connections/Associations
  1. The detainee admits to establishing the al-Wafa organization with detainee Abu Abdel Aziz (a.k.a. Abdul Aziz al-Matrafi) and Samar Khand in Kabul, Herat, and Kandahar, Afghanistan. The detainee worked in the Kandahar office.
  2. According to a foreign government service, the nongovernmental organization “Wafa” officially named “al Wafa al Igatha al Islamia” (Wafa Humanitarian Organization), headquartered in Saudi Arabia, was believed to have had connections to Usama Bin Laden and Afghan Mujahidin.
  3. The detainee was closely associated with Suliman Abu Ghaith and admits that Ghaith was the spokesperson for al Qaida and Usama Bin Laden.
  4. The detainee accompanied al Qaida Spokesman Sulaiman Abu Ghaith and his family to Karachi in order to assist Abu Ghaith with their safe departure from Pakistan.
  5. The detainee stated Faiz Al Kandari stayed in his house for approximately one week.
  6. Faiz Al Kandari was the legal advisor for, and close friend to, Usama Bin Laden.
  7. The detainee was invited to the house of a man involved in the October 2002 attack on U.S. Marines on Faylaka Island, Kuwait.
  8. The detainee possessed the telephone number of an individual in Kuwait who was shot and killed in October 2002 after he killed a U.S. Marine in Kuwait.
  9. The detainee has been investigated by Kuwaiti authorities of being involved with the Takfir movement.
c. Other relevant data
  1. The detainee stayed at a safe house for several weeks in Pakistan while waiting to flee the country. He was arrested at the house with sixteen other persons by Pakistani authorities.
  2. The detainee had a history of extremist vigilante activity.
  3. The detainee is considered a hard core extremist.

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

  • The detainee denied any knowledge of the al Wafa organization assisting al Qaida or the Taliban in any way.
  • The detainee denies any affiliation to a Kuwaiti opposition party.
  • The detainee claimed he was never a member of Takfir-Wa-Hijra.

[edit] Transcript

A two page transcript was released on March 3, 2006 indicating that captive 568 chose not to participate in his hearing.[13]

[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.[14][15] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on June 24, 2005.

His Administrative Review Board assessment and recommendation memo stated[14]:

"The detainee is a habeas petitioner in the case of Al-Odah v. Bush, Civil No. 02-0828 (D.D.C). As of this date of this memorandum, no court order requires the government to provide the detainee's counself or the court notice prior to removing the detainee from U.S. Naval Base Guantanamo Bay."

His Classified Record of Proceedings and basis of Administrative Review Board recommendation memo stated:

"The Administrative Review Board (ARB) determined that ISN 568 continues to be a threat to the United States and its allies."

[edit] Repatriation and Acquittal

Al Zamil was one of five Kuwaitis repatriated to Kuwaiti custody on November 4, 2005.[16]

The five stood trial in a Kuwaiti court, and were acquitted.[17]

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban.[18] Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relaitons with friendly nations.

The detainees' defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them.[18] Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Al Zamil's trial began in March 2006, and he was acquitted on July 22, 2006.[19]

[edit] See also

[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. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  3. ^ a b documents (.pdf) from Adil Zamil Abdull Mohssin Al Zamil's Combatant Status Review Tribunal, August 18, 2004, page 19
  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). Summary of Evidence for Combatant Status Review Tribunal -- Al Zamel, Adel Zamel Abd Al Mahsen Al Zamel page 90. United States Department of Defense. Retrieved on 2008-04-19.
  7. ^ OARDEC (August 18, 2004). Summarized Statement pages 12-16. United States Department of Defense. Retrieved on 2008-04-19.
  8. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  9. ^ JTF-GTMO counter-terrorism interrogators called their interrogation sessions "interviews".
  10. ^ Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12. 
  11. ^ OARDEC (10 May 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Zamel, Adel Zamel Abd Al Mahsen page 42-44. United States Department of Defense. Retrieved on 2008-04-19.
  12. ^ Factors for and against the continued detention (.pdf) of Adil Zamil Abdull Mohssin Al Zamil Administrative Review Board, May 10, 2005 - page 41
  13. ^ OARDEC. "Summary of Administrative Review Board Proceedings for ISN 568", United States Department of Defense, pp. pages 157-158. Retrieved on 2007-11-09. 
  14. ^ a b OARDEC (23 June 2005). Administrative Review Board assessment and recommendation ICO ISN 568 pages 26-27. United States Department of Defense. Retrieved on 2008-04-19.
  15. ^ OARDEC (25 May 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 568 pages 28-36. United States Department of Defense. Retrieved on 2008-04-19.
  16. ^ Kuwaitis released from Guantanamo, BBC, November 4, 2005
  17. ^ Kuwaiti court acquits ex-Guantanamo prisoners. Independent Online (South Africa), May 22, 2006
  18. ^ a b 5 Ex-Guantanamo Detainees Freed in Kuwait, Washington Post, May 21, 2006
  19. ^ Kuwait's Gitmo men acquitted - again, Kuwait Times, July 23, 2006
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