Ali Muhammed Nasir Mohammed

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Ali Muhammed Nasir Mohammed (possibly Ali Muhammad Nasir Muhammad Said) is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Mohammed's Guantanamo detainee ID number is 172. The official list of detainee names released on May 15, 2006 says he was born on December 1, 1982, in Jeddah, Saudi Arabia.

[edit] Identity

Captive 172 was identified inconsistently of official Department of Defense documents:

• Captive 172 was identified as Ali Muhammad Nasir Muhammad Said on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 8 August 2004, and on the Summary of Evidence memo prepared for his Administrative Review Board on December 9, 2004.^[2][3]
• Captive 172 was identified as Ali Muhammed Nasir Mohammed on two official lists of captives, released on April 20, 2006 and May 15, 2006, and four more official lists of captives, released in September 2007.^{[4][1][5][6][7][8]}

[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.

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 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 Muhammad Nasir Muhammad Said's Combatant Status Review Tribunal, on 8 August 2004.^[2] The memo listed the following allegations against him:

a. The detainee is a Taliban fighter:

1. The detainee admitted he affiliated himself with the Taliban.
2. The detainee voluntarily traveled from Yemen to Afghanistan in 2001.
3. When the detainee arrived in Afghanistan, he stayed at ^[sic] house used by Taliban fighters.

b. The detainee participated in military operations against the coalition.

1. The detainee served on the frontlines and as a rear guard in AF, where he carried an AK-47.
2. Following the U.S. bombing campaign in AF, the detainee fled to the Tora Bora Region.
3. The detainee escapted into Pakistan, where he was captured by Pakistani guards.

[edit] Transcript

There is no record that captive 172 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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Ali Muhammad Nasir Muhammad Said's Administrative Review Board, on 9 December 2004.^[3] The memo listed factors for and against his continued detention. The factors for and against continuing to detain Ali Muhammed Nasir Mohammed were among the 120 that the Department of Defense released on March 3, 2006.^[9]

[edit] The following primary factors favor continued detention:

a. The detainee is a Taliban fighter:

1. The detainee admitted he affiliated himself with the Taliban.
2. The detainee voluntarily traveled from Yemen to Afghanistan in 2001.
3. When the detainee arrived in Afghanistan, he stayed at house used by Taliban fighters.

b. The detainee participated in military operations against the coalition.

1. The detainee served on the frontlines and as a rear guard in AF, where he carried an AK-47.
2. Following the U.S. bombing campaign in AF, the detainee fled to the Tora Bora Region.
3. The detainee escaped into Pakistan, where he was captured by Pakistani guards.

c. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and it’s Allies.

1. Detainee’s overall behavior has been generally compliant and non-aggressive. However, on 30 July 2004, detainee and several others were singing songs that encouraged resistance to the Joint Task Force (JTF) mission and praising praised Usama Bin Laden for his actions. On 27 February 2003, detainee threw water on guards.
2. Detainee stated during his initial interviews he lied about attending a terrorist training camp because he was not sure who else has trained at the camp and he did not want to be labeled as a terrorist. Detainee now admits that the attended the training camp for approximately 40 to 45 days.

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

• Enemy Combatant in his own oral testimony denied knowledge that the Taliban were fighting the United States. Admitted traveling from Yemen to Afghanistan just to visit and to see what was going on with the brothers fighting the Northern Alliance there.

[edit] Transcript

An eight page summarized transcript from the unclassified session of his Board hearing was released in the spring of 2006.^[10]

[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.^[11][12] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized transfer.

[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. ^ ^{a b} OARDEC (8 August 2004). Summary of Evidence for Combatant Status Review Tribunal -- page 76. United States Department of Defense. Retrieved on 2007-12-05.
3. ^ ^{a b} OARDEC (December 9, 2004). Unclassified Summary of Evidence for Administrative Review Board in the case of Said, Ali Muhammad Nasir Muhammad pages 30-32. United States Department of Defense. Retrieved on 2007-12-05.
4. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
5. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
6. ^ OARDEC (August 9, 2007). Index of Transcripts and Certain Documents from ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
7. ^ 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.
8. ^ OARDEC (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. United States Department of Defense. Retrieved on 2007-09-29.
9. ^ Factors for and against the continued detention (.pdf) of Ali Muhammed Nasir Mohammed, Administrative Review Board - page 30 -
10. ^ OARDEC. Summary of Administrative Review Board Proceedings of ISN 172 pages 138-145. United States Department of Defense. Retrieved on 2007-12-05.
11. ^ OARDEC (17 June 2005). Administrative Review Board assessment and recommendation ICO ISN 172 page 46. United States Department of Defense. Retrieved on 2007-12-05.
12. ^ OARDEC (13 January 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 172 pages 47-50. United States Department of Defense. Retrieved on 2007-12-05.