Ali Mohsen Salih

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Ali Mohsen Salih
Born: October 26, 1980(1980-10-26)
Guban, Yemen
Detained at: Guantanamo Bay
ID number: 221
Conviction(s): no charge, held in extrajudicial detention
Status Repatriated

Ali Mohsen Salih is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 221. Joint Task Force Guantanamo counter-terrorism analysts reported that he was born on October 26, 1980, in Guban, Yemen.

Contents

[edit] Identity

Captive 221 was identified inconsistently on official Department of Defense documents:

  • Captive 221 was identified as Ali Mohsen Salih was listed on the official lists released on April 20, 2006 and May 15, 2006.[1][2] He is listed as a Yemeni citizen on the official lists.
  • Captive 221 was identified as Ali Saleh Muhsin when he was repatriated to Kuwait on June 21, 2007.[3]

[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 Ali Mohsen Salih's Combatant Status Review Tribunal, on 18 October 2004.[4] The memo listed the following allegations against him:

a. The detainee is a member of Taliban or al Qaida:
  1. The detainee traveled to Afghanistan to fight in support of the Jihad.
  2. The detainee received weapons training at al Farouq.
  3. While detainee was training at al Farouq, Usama Bin Laden visited and lectured to the camp.
  4. The detainee joined the Taliban on 11 September 2001 [sic] .
b. The detainee supported hostilities in aid of enemy armed forces:
  1. The detainee was a soldier with the Taliban forces on the front lines near Bagram, Afghanistan.

[edit] Testimony

There is no record that captive 221 participated in his Combatant Status Review Tribunal.

[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".[5]

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 Mohsen Salih's Administrative Review Board, on 11 February 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 traveled to Afghanistan to fight in support of the Jihad.
  2. The detainee stated that he felt anyone who took up arms against Muslims was an enemy of Islam and made no distinction between terrorists and regular Muslims [sic] .
  3. In June of 2000, the detainee heard from friends that the Taliban in Afghanistan would provide a home for those who chose to live there. In July of 2000, the detainee departed Qatar and traveled through several countries to get to Afghanistan
b. Connections/Associations
  1. The detainee joined the Taliban on 11 September 2001 [sic] .
  2. While the detainee was training at al Farouq, Usama Bin Laden visited and lectured to the camp.
  3. The detainee was recognized by a senior al Qaida lieutenant.
c. Other Relevant Data
  1. The detainee stated that he could not judge if the 911 terrorist actions were wrong because he is not an Islamic scholar and said, “The were just following the directions of the scholars”, “That is what we do.”
d. Training
  1. The detainee attended al Qaida’s al Farouq terrorist training camp in Afghanistan and during the month of July 2001, he observed and listened as Usama Bin Laden gave a speech at the camp about the need for jihad.
e Intent
  1. The detainee was a soldier with the Taliban forces on the front lines near Bagram, Afghanistan.
  2. The detainee possessed small notebooks with several pages of phrases hand-written in both French and Arabic languages, as well as drawing of rifles, a cleaver, a spatula, pliers and a glove. Words from one of the pages include “poudre (melange explosif),” “graphite,” “salpetre,” “nitre,” “secret,” and “electrique.”

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

a.

The detainee said that he heard from some of his friends that the Taliban, in Afghanistan, would provide a home for those who chose to live there. Ali wanted to move to Afghanistan because he was unhappy with the quality of his life. He also thought he could find a wife more easily there.
b.

The detainee further states that he did not like to fire the Kalishnikov rifle.

[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.[7][8] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 11 May 2005.

[edit] Repatriation

Four men were repatriated to Kuwait on June 21, 2007.[3] One of the four men was identified as Ali Saleh Muhsin. He was described as suffering from "psychological disturbances."

[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. ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
  3. ^ a b Ahmed Al Hajj. "Yemen confirms return of 4 from Guantánamo", Miami Herald, June 21, 2007. Retrieved on 2007-06-21. 
  4. ^ OARDEC (18 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Salih, Ali Mohsen page 39. United States Department of Defense. Retrieved on 2008-03-18.
  5. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  6. ^ OARDEC (11 February 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Salih, Ali Mohsen pages 1-3. United States Department of Defense. Retrieved on 2008-03-18.
  7. ^ OARDEC (5 May 2005). Administrative Review Board assessment and recommendation ICO ISN 221 page 96. United States Department of Defense. Retrieved on 2008-03-18.
  8. ^ OARDEC (24 February 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 221 pages 97-99. United States Department of Defense. Retrieved on 2008-03-18.