Ahmed al-Darbi
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| Ahmed Muhammed Haza Al Darbi | |
|---|---|
| Born: | January 9, 1975 Ta'if, Saudi Arabia |
| Detained at: | Guantanamo |
| ID number: | 768 |
| Conviction(s): | charges referred to the Convening authority, but not yet laid |
Ahmed Muhammed Haza Al Darbi is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internee Security Number is 768. According to the official list of detainees, released on May 15, 2006 Al Darbi was born on January 9, 1975, in Ta'if, Saudi Arabia.
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[edit] Background
The brother-in-law of Khalid al-Mihdhar, Al-Darbi was held in the Bagram Collection Point during the period of time members of Alpha Company of the 519th Military Intelligence Battalion routinely brutally beat their captives, resulting in the murders of two prisoners on December 4, 2001 and December 10, 2001. Al Darbi identified Damien M. Corsetti, a soldier nicknamed "the King of Torture" by his fellow GIs, as one of his abusers.[2]
Corsetti's lawyer asserts that Al Darbi's claims of abuse are not credible. He repeats the meme al Qaeda training manuals instruct captives to lie about abuse, and asserts that Al Darbi is following those instructions.
Department of Defense spokesmen have announced that Al Darbi will not be allowed to testify at Corsetti's court martial.[3]
On December 21, 2007 charges against Ahmed Muhammed Haza Al Darbi were referred to the convening authority for the Office of Military Commissions.[4][5][6]
[edit] Identity
Captive 768 was identified inconsistently on official Department of Defense documents:
- Captive 768 was identified as Ahmed Muhammed Haza Al Darbi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 23 September 2004, and on three official lists of captives' names.[1][7][8]
- Captive 768 was identified as Ahmed Mohammed Ahmed Haza Al Darbi on the charge sheet prepared in January 2007.[6]
[edit] Combatant Status Review Tribunal
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 Ahmed Muhammed Haza Al Darbi's Combatant Status Review Tribunal, on 23 September 2004.[7] The memo listed the following allegations against him:
- a. Detainee is associated with the Taliban and Al-Qaida.
- Detainee is an admitted member of Al-Qaida.
- In 1996, detainee received weapons training at the Al Farouq training camp in Afghanistan. He eventually became and instructor and logistician at the Al Farouq Camp in Afghanistan, where he instructed others on the Kalashnikov [sic] , PK machineguns, and various pistols.
- Detainee met privatedly with Usama Bin Laden in 1996 or 1997.
- Detainee was involved in an Al-Qaida plot to use small ships loaded with explosives to attack oil tankers in the Straits of Hormuz.
[edit] Transcript
There is no record that participated 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.
In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.[10][11] There is no record that an Administrative Review Board convened in 2005 or 2006 to review Ahmed Muhammed Haza Al Darbi's detention.
[edit] United States v. Ahmed Mohammed Ahmed Haza Al Darbi
On December 21, 2007 charges against Ahmed Muhammed Haza Al Darbi were referred to the convening authority for the Office of Military Commissions.[4][5][6] Susan Crawford, the current Convening Authority, will make the final decision as to whether the charges will be laid. According to a news release from the Department of Defense the charges he would face were:
"Conspiring with others, to attack civilians, to murder in violation of the law of war, to destroy property in violation of the law of war, to hazard a vessel and to commit terrorism, and Providing Material Support to Terrorism."
The news release stated that:
- he was the brother-in-law of 9-11 hijacker al-Midhar;
- he had trained at the Jihad Wahl training camp;
- he transferred funds to finance the plot to attach shipping;
- he purchased a vessel, registered in Sao Tome, to use in the attacks.
The actual charge sheet was dated January 2007.
[edit] Fellow conspirators
The charge sheet listed the following fellow conspirators[6]:
| conspirators | also known as |
| Usama bin Laden | |
| Ayman al Zawahari | |
| Muhammad Atef | |
| Khalid Ibn Muhanlmad al Juhani |
|
| Basam Waji |
|
| Fayiz Hus Ayn Ali Najjar |
|
| Munir al Sharabi |
|
| Walid al Shiba |
|
| Muhammad Sa'id ali Husayn | |
| Minwar al Khaladi |
|
[edit] References
- ^ 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.
- ^ Trial under way for soldier in Afghan prisoner abuse case, Star Telegram, May 30, 2006
- ^ Soldier pleads not guilty in detainee harm, Seattle Post-Intelligencer, May 28, 2006
- ^ a b "Guantanamo Detainee Charged", United States Department of Defense, December 21, 2007. Retrieved on 2007-12-22.
- ^ a b "Guantanamo Bay detainee accused in terror plot", CNN, December 21, 2007. Retrieved on 2007-12-22.
- ^ a b c d Office of Military Commissions. "MC Form 458 Jan 2007 - Charges in United States v. Ahmed Mohammed Ahmed Haza Al Darbi", United States Department of Defense, January 2007, pp. pages 1-6. Retrieved on 2007-12-23.
- ^ a b OARDEC (23 September 2004). Summary of Evidence for Combatant Status Review Tribunal - Al Darbi, Ahmed Muhammed Haza page 8. United States Department of Defense. Retrieved on 2007-12-19.
- ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
- ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.
- ^ OARDEC (August 9, 2007). Index to Summaries of Detention-Release Factors for ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (July 17, 2007). Index of Summaries of Detention-Release Factors for ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
