Ahmed Bin Saleh Bel Bacha

From Wikipedia, the free encyclopedia

Ahmed Bin Saleh Bel Bacha
Born: November 13, 1969(1969-11-13)
Algiers, Algeria
Detained at: Guantanamo
ID number: 290
Conviction(s): no charge, held in extrajudicial detention

Ahmed Bin Saleh Bel Bacha is a citizen of Algeria held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 290. The Department of Defense reports that he was born on November 13, 1969, in Algiers, Algeria.

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 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 Ahmed Bin Saleh Bel Bacha's Combatant Status Review Tribunal, on 1 October 2004.[2] The memo listed the following allegations against him:

The detainee is associated with al Qaida:
  1. The detainee traveled from Algeria to France in 2001, to obtain a false French passport, which he used to travel to London. Once arriving in London the detainee went directly to the Finsbury Park Mosque.
  2. The detainee stated that his travel to Afghanistan via false passport was facilitated by the Finsbury Park Mosque.
  3. The detainee stated that he attended prayer services and lectures conducted by Abu Hamza, Sheik of the Finsbury Park Mosque.
  4. Abu Hamzah [sic] is a fundamentalist who has lectured on "Jihad" and "martyrdom" and raised raised controversy with his speeches entitled "Call and Combat" after 11 September 2001.
  5. The detainee obtained a visa to travel from London to Pakistan on his false French Passport. The detainee departed for Pakistan on 24 July 2001.
  6. The detainee stayed at a Jalalabad guesthouse (aka the House of the Algerians), a staging point for Europeans and North Africans traveling to and from training.
  7. While in Jalalabad, the detainee received training on small arms, the Kalashnikov rifle and Simonov machine gun.
  8. The detainee fled Jalalabad to the Afghan Mountains as the coalition forces approached the city in November 2001.
  9. The Pakistani Army held the detainee at the Pakistan/Afghan border in late 2001.

There is no record that Bacha participated in his Combatant Status Review Tribunal.

[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".[3]

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.[4] 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 Ahmed Bin Saleh Bel Bacha's first annual Administrative Review Board, on 29 March 2005.[5] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Training
  1. The detainee stayed at a Jalalabad guesthouse (aka the House of the Algerians), a staging point for Europeans and North Africans]] traveling to and from training.
  2. While in Jalalabad, the detainee received training on small arms, the Kalashnikov rifle and Simonov machine gun.
  3. The detainee had previous weapons training from his time in the Algerian army.
b. Connections/Associations
  1. The detainee traveled from Algeria to France to obtain a false French passport, which he used to travel to London. Once arriving in London the detainee went directly to the Finsbury Park Mosque.
  2. The detainee stated that his travel to Afghanistan via false passport was facilitated by the Finsbury Park Mosque.
  3. The detainee encountered Usama Bin Laden on two separate occasions.
  4. The detainee met and stayed with three al Qaida leaders while in Kabul and Jalalabad.
c. Intent
  1. Detainee went to fight for jihad because he believes that it is every good Muslim's duty.
  2. Detainee admitted receiving training to become a jihad member around the world.
d. Other Relevant Data
  1. The detainee stated that he attended prayer services and lectures conducted by Abu Hamza, Sheik of the Finsbury Park Mosque.
  2. Abu Hamzah [sic] is a fundamentalist who has lectured on "Jihad" and "martyrdom" and raised controversy with his speeches entitled "Call and Combat" after 11 September 2001.
  3. The detainee fled Jalalabad to the Afghan mountains as the coalition forces approached the city in November 2001.

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

The detainee indicated he did not want anything to do with the GIA (Armed Islamic Group) as they were terrorists and very bad people.

[edit] Transcript

A two page summarized transcript from the unclassified session of this hearing was published.[6]

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for

Administrative Review Board, on 3 December 2004 .[7] The memo listed factors for and against his continued detention.

[edit] Repatriation

US District Court Judge Rosemary Collyer turned down an "emergency motion" to repatriate a captive identified as "Ahmed Bel Bacha" to Algeria.[8] Zachary Katznelson Ahmed Bel Bacha's lawyer, asserted that the USA could not trust any assurances from the Algerian government that they would not subject him to cruel or inhumane treatment.

Katznelson stated that Ahmed Bel Bacha was unjustly accused.[8]

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ OARDEC (1 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Bel Bacha, Ahmed Bin Saleh pages 34-35. United States Department of Defense. Retrieved on 2008-04-25.
  3. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  4. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  5. ^ OARDEC (29 March 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Bel Bacha, Ahmed Bin Saleh pages 5-6. United States Department of Defense. Retrieved on 2008-04-25.
  6. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN 290 pages 81-82. United States Department of Defense. Retrieved on 2008-04-25.
  7. ^ You must specify title = and url = when using {{cite web}}.OARDEC. page. United States Department of Defense. Retrieved on 2008-04-25.
  8. ^ a b "Guantanamo detainee fights transfer to native Algeria, citing torture fears", PR inside, July 28, 2007. Retrieved on 2007-07-29.