Ali Abdul Motalib Awayd Hassan Al Tayeea

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Ali Abdul Motalib Awayd Hassan Al Tayeea (Arabic: علي عبد المطلب عويد حسان الطائي‎) is a citizen of Iraq, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Tayeea's Guantanamo detainee ID number is 111. The Department of Defense reports that Al Tayeea was born in Baghdad, Iraq. The Department of Defense provided a birthday, or an estimated year of birth, for all but 22 of the 759 detainees. Al Tayeea is one of those 22.

Contents

[edit] Press reports

When the Department of Defense first complied with US District Court Justice Jed Rakoff's court order and released the transcripts of the Guantanamo detainees, they weren't identified by name. However, a small number of the detainee's names were mentioned in the body of the transcripts. Al Tayeea's transcript was one that contained his name.

A widely republished story from the Associated Press described Al Tayeea as a mechanic who had been jailed by Saddam Hussein's regime.[2]

An article in The Weekly Standard has extensive excerpts from the testimony Al Tayees offered during his Tribunal. He described a long history of emigration from country to country in the mid-east, that finally left him working, as a driver, for the Taliban, in Afghanistan.[3]

The Weekly Standard reported that Al Tayeea's nickname in Guantanamo was "Pimp Daddy".[3]

Al Tayeea said he met John Walker Lindh, "the American Taliban", who he describes as a "good guy" and a "jackass".

I don't believe in the Taliban, but being hungry and homeless, I worked there for 2 1/2 months and traveled in an old Russian car called a Gas 66. There are many of these in Iraq; it's a bulls--car. Everyday there was a broken engine, so I requested the money to fix it. I put a little of the money in my pocket and I'd go fix it. I didn't want to go every day. The f--ing Taliban is f--ing my life.

The Weekly Standard reports that Al Tayeea doesn't get along with the other Guantanamo detainees, and had bragged, to his Tribunal, about threatening to keep informing on the other detainees:

"They call me motherf--all the time and I say, "f--Osama Bin Laden and f--the Taliban." I'm very happy and I tell them I'll stay here forever and give information about them. I tell them, "f--you, if you believe in Osama Bin Laden.""

[edit] Accused of leveling false allegations

Jawad Jabber Sadkhan had a statement from detainee 758 submitted as evidence at his Tribunal.[4] In his statement detainee 758 identified himself as "Shaker Al Iraqi (Abass Abdou Erromi)". The official record identifies him as Abbas Habid Rumi Al Naely.[1] He testified that he suspected the accusation against him and detainee 433 were the result of animosity from detainee 111, who he identified as "Ali Abdou Ahtaleb Al Iraqi" and detainee 252, who he identified as "Yassin Basro Al Yamani". The official record shows detainee 252 as Yasim Muhammed Basardah.[1] Al Naely says he knew Sadkhan in Afghanistan, and he knew him as a good, peaceloving, family man. Al Naely said that the two men he identified as Sadkhan's accusers did not know him in Afghanistan, and their accusations were complete fabrications.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands 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. The neutrality of this section is disputed. Please see the discussion on the talk page.(December 2007)Please do not remove this message until the dispute is resolved.
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[5][6] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[7]
The neutrality of this section is disputed.
Please see the discussion on the talk page.(December 2007)
Please do not remove this message until the dispute is resolved.

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 Ali Abdul Motalib Awayd Hassan Al Tayeea's Combatant Status Review Tribunal, on 21 October 2004.[8] The memo listed the following allegations against him:

a. The detainee is a member of the Taliban.
  1. The detainee traveled from Iran to Pakistan in July 2001.
  2. The detainee stayed at a Afghan training camp (al Ahrar) for three months.
  3. The detainee was trained on basic soldiering skills at the camp.
  4. The detainee stood guard duty at the camp with a rifle.
  5. The detainee stayed at a Taliban house, in Kabul, Afghanistan.
  6. Men arriving from the al Farouq training camp stayed at the Taliban house.
  7. The detainee was a truck driver for the Republican Guard.
  8. The detainee was a driver for the Taliban.
b. The detainee supported forces engaged in hostilities against the United States and its coalition partners.
  1. The detainee was on the front liens with the Taliban, who were fighting against the Northern Alliance.
  2. The detainee was on the front lines for two and a half months.
  3. The detainee surrendered at Mazar-E Sharif [sic] .

[edit] Transcript

Al Tayeea chose to participate in his Combatant Status Review Tribunal.[9]

[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 Ali Abdul Motalib Awayd Hassan Al Payee's Administrative Review Board, on 16 August 2005.[11] The memo listed factors for and against his continued detention.

[edit] Transcript

Al Tayeea chose to participate in his Administrative Review Board hearing.[12]

[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.[13][14] His Board's recommendation was unanimous. His Board's recommendation was redacted. England authorized his release or repatriation on December 19, 2005.

Under "Other factors" his Board wrote[14]:

"(U) ISN 052 described the EC as an Iraqi who converted to Christianity and back to Islam. The EC was given special privileges in Kandahar. The other detainees believe he spies for the U.S. (DMO-31)."

[edit] References

  1. ^ a b c list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Sketches of Guantanamo Detainees-Part II, ABC News, March 15, 2006
  3. ^ a b It's Hard Out Here for an Iraqi: The story of "Pimp Daddy," an Iraqi detainee at Guantánamo, The Weekly Standard, March 27, 2006
  4. ^ ISN 433 -- Testimony from detainee ISN 758, knew each other in Afghanistan, from Jawad Jabber Sadkhan's Combatant Status Review Tribunal - page 156
  5. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  6. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  7. ^ 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.
  8. ^ OARDEC (21 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Tayeea, Ali Abdul Motalib Awayd Hassan pages 23-24. United States Department of Defense. Retrieved on 2007-12-03.
  9. ^ Summarized transcripts (.pdf), from Ali Abdul Motalib Awayd Hassan Al Tayeea's Combatant Status Review Tribunal - pages 46-69
  10. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  11. ^ OARDEC (16 August 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Tayeea, Ali Abdul Motalib Awayd Hassan pages 39-41. United States Department of Defense. Retrieved on 2007-12-03.
  12. ^ Summarized transcript (.pdf), from Ali Abdul Motalib Awayd Hassan Al Tayeea's Administrative Review Board hearing - page 134
  13. ^ OARDEC (December 199 2005). Administrative Review Board assessment and recommendation ICO ISN 111 page 1. United States Department of Defense. Retrieved on 2007-12-03.
  14. ^ a b OARDEC (12 September 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 111. United States Department of Defense. Retrieved on 2007-11-23.