Ashraf Salim Abd Al Salam Sultan

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Ashraf Salim Abd Al Salam Sultan is a citizen of Libya, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Sultan's Guantanamo detainee ID number is 263. The Department of Defense reports that Sultan was born on July 5, 1971, in Jedda, Saudi Arabia.

[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.^[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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 Ashraf Salim Abd Al Salam Sultan's Combatant Status Review Tribunal, on 24 September 2004.^[5] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida:

1. The detainee has been identified as a former member of the Libyan Islamic Fighting Group (LIFG).
2. An additional source identified the detainee as a former member of the LIFG.
3. LIFG has been designated as a terrorist organization.

b. The detainee participated in military operations against the United States or its coalition partners:

1. The detainee is a Libyan who used the name Suhaib and fought at Tora Bora.
2. The detainee was arrested at the Afghanistan-Pakistan border after fleeing the bombing in Kabul.

[edit] Transcript

On March 3, 2006, in compliance with a court order the Department of Defense released a summarized transcript from the unclassified session of Ashraf Salim Abd Al Salam Sultan Tribunal.^[6] The transcript was five pages long.

[edit] Tribunal President's warning

The transcript starts with Sultan's Tribunal's President warning him not to become too emotional, or he would be removed.

[edit] Sultan's comments on the Tribunal process

Sultan informed his Tribunal's President that while he agreed some aspects of the Tribunal process were reasonable, others were unreasonable.

Sultan questioned how he could refute classified evidence that was withheld from him. He asked if there was any point continuing if the Tribunal was to base its decisions on classified evidence.

The Tribunal's President justified the withholding of classified evidence on national security grounds.

Sultan then explained that he had not found the Tribunal's procedure for only allowing him contact with potential witnesses through his Personal Representative satisfactory, so he hadn't tried to call any witnesses. He was afraid asking for witnesses would result in their imprisonment.

[edit] Sultan's removal from his Tribunal

The Tribunal's President, after verifying that Sultan's dissatisfaction with the Tribunal procedure would preclude him answering questions arising from the unclassified allegations, unless he was provided with the classified portion of the evidence, so he would have a fair chance to refute it, had him removed from the Tribunal.

[edit] Personal Representative's notes

The Personal Representative who attended Sultan's Tribunal was Sultan's second Personal Representative. His first Personal Representative was reassigned prior to Sultan's Tribunal. His second Personal Representative had no notes, so they read from the notes of his first Personal Representative.

• Sultan stated he surrendered -- he wasn't captured or arrested.
• Sultan was a school teacher, not a fighter. He denied engaging in any hostile activity while in Afghanistan.
• Sultian stated he left the Libyan Islamic Fighting Group four years prior to the attacks of September 11, 2001, and has had no contact since then.

[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".^[7]

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] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Ashraf Salim Abd Al Salam Sultan's first annual Administrative Review Board, on 8 August 2005.^[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. commitment

1. An unidentified family member provided detainee with a passport and visa to leave the country legally.
2. The detainee's father provided him with $500 USD.
3. The detainee traveled extensively throughout the Middle East to Afghanistan from 1994 to 2001.
4. The detainee received financial support from Muslims totaling approximately 7000 Saudi Riyals ($1,868 USD).
5. After a short stay in Peshawar the detainee went to Islamabad, Pakistan, then to Jalalabad, Afghanistan.

b. Connections/Associations

1. The detainee has family members associated with the Libyan Islamic Fighting Group.
2. The Libyan Islamic Fighting Group (LIFG) is designated by the Secretary of State as a terrorist organizaiton, some of whose member are aligned with Usama bin Laden's al Qaida organization, or are active in the international mujahidin network.
3. The detainee has associates in the Wafa Humanitarian Organization.
4. The Wafa Humanitarian Organization, Al-Wafa al-Igatha al-Islamia, is listed on DHS Terrorist Exclusion List, which facilitates the ability of the United States to exclude aliens associated with entities on the list from entering the United States, due to the entities' participation in terrorist activities.
5. The detainee has been identified by another detainee as being a former member of the Libyan Islamic Fighting Group.

c. Other Relevant Data

1. The detainee's employment history consisted of being a self-employed merchant in Peshawar, Pakistan, selling diapers, honey and household goods.
2. The detainee was stopped by Saudi authorities to check his passport and documentation. His visa had expired and the detainee was arrested.
3. The detainee requested to be sent back to Syria rather than Libya due to fearing for his life and the well being ^[sic] of his family. He was sent back to Syria in July or August 1995, and remained until June or August 1996.
4. The detainee sent his wife, child, and wife's family to Pakistan, and he went to Jalalabad, Afghanistan after the United States bombing began in Kabul, Afghanistan in 2001.
5. Upon arrival to ^[sic] Pakistan, the detainee was arrested and taken to a temporary prison before being turned over to the American Forces.

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

a.	The detainee was looking for a place to finish his education and to build a life.
b.	The detainee initially went to the United Nations in Pakistan for help.
c.	The detainee was a teacher of Arabic, Islamic studies, and geography for children.
d.	The detainee has been identified by another detainee by his true name, several aliases, and as not being a member of the LIFG.
e.	The detainee denies having any knowledge of the attacks in the United States prior to their execution on September 11th; including knowledge of rumors or plans of future attacks on the United States or United States interests.
f.	The detainee claims to have no knowledge of the planning of internal uprisings at the Guantanamo Detention Facility.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Ashraf Salim Abd Al Salam Sultan second annual Administrative Review Board, on 30 April 2006.^[9] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. commitment

1. In 1994 the detainee left Libya because he felt he might be arrested based on his actions as an activist. His father gave him 500 United States Dollars for the trip.
2. The detainee traveled from Darna, Libya to Cairo, Egypt and stopped at Yenbul (port of call), Egypt. He traveled from Yenbul to Jordan. From Jordan, he traveled to the Saudi Arabian border. He crossed the border to Halet Ammar, Saudi Arabia. From Halet Ammar, the detainee traveled to El Medina, Saudi Arabia.
3. In El Medina, the detainee stayed at a mosque during Ramadan. During his stay at the mosque, young men provided monetary donations of approximately 7,000 Riyals to the detainee. The detainee stayed in El Median for approximately three weeks.
4. The detainee eventually traveled from Damascus, Syria to Khartoum, Sudan. Once in Khartoum, he contacted a Libyan national who also lived in Egypt before living in Sudan. The detainee stayed in Khartoum with his Libyan friend for four months. The detainee became frustrated due to his inability to find employment. The detainee then decided to return to Saudi Arabia.
5. Eventually, the detainee received a false Yemeni passport (with an alias), visa, and airline tickets to Pakistan. He traveled from Sudan to Doha, Qatar; Karachi, Pakistan; and then to Peshawar, Pakistan. The detainee went to Islamabad, Pakistan to apply for United Nations political asylum but had not valid identification. The Pakistanis began pressuring Arabs to leave their country so the detainee decided to move to Jalalabad, Afghanistan to stay with an Algerian.
6. The detainee eventually found employment as a teacher at a school in Kabul, Afghanistan. The detainee then moved his family to the Tayman suburb of Kabul. The detainee taught Arabic, history, and geography.

b. Training

The detainee stated he received training while in high school on the Kalashnikov, a Belgium ^[sic] handgun, and hand grenades, which was mandated by the Libyan government.

c. Connections/Associations

1. In June 1995 the detainee traveled from [[Khartoum, Sudan to Jeddah, Saudi Arabia; then Medina, Saudi Arabia; and then Mecca, Saudi Arabia to the Grand Mosque. The detainee stayed thre approximately four to five weeks before returning to Jeddah. The detainee was stopped enroute by Saudi authorities to check his passport and documentation. The detainee's visa had expired and the detainee was arrested. The detainee requested to be sent back to Syria rather than Libya due to fearing for his life and the well-being of his family. He was sent back to Syria in July or August 1995 and remained in Syria until June of August 1996. The detainee then went from Damascus to Khartoum, once again moving in with his friend for one year.
2. The detainee identified a friend from the detainee's village of Darna, Libya. The friend was a well-known character from Darna due to his public displays of drunkenness and lack of respect for authorities. The detainee's friend escaped from jail in Libya after being sentenced for the sale of narcotics and public lewdness in 1992.

d. Other Relevant Data

1. The detainee initially went to the United Nations in Pakistan for help, but the detainee was arrested because he was wanted by the police in Libya for purportedly fitting a specific religious profile.
2. After the United States bombing began in Kabul in 2001, the detainee sent his wife, child, and wife's family to Pakistan. The detainee went to Jalalabad, Afghanistan where he once again stayed with a friend. The detainee hired an Afghan guide to take him to Pakistan. Upon arrival to ^[sic] Pakistan, the detainee and an associate were arrested and taken to a temporary prison before being turned over to the American Forces. Upon being turned over the the Americans, the detainee originally identified himself as a Moroccan to avoid being turned over to Libya.
3. On 18 December 2001 the Pakistani police arrested the detainee. Neither the detainee nor the men he was with had weapons. The detainee and the men he was with were subsequently turned over to United States Forces.

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

a.	The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.
b.	The detainee was queried regarding any knowledg or planning of internal uprisings at the Guantanamo facility, with negative results. The detainee was also queried about travel to the United States by himself, family members, or acquaintances, with negative results.
c.	The detainee wanted to apply for politicial asylum so he traveled to the United Nations [sic] located [sic] in Islamabad, Pakistan in late 1999 or early 2000 and filled out the appropriate paperwork.
d.	Durint this time [sic] , the President of Pakistan ordered al Libyans out of the country. The detainee supported this statement by stating four Libyans were arrested as they were applying for politcal asylum and sent them back to Libya. All four men were killed in Libya.

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
4. ^ 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.
5. ^ OARDEC (24 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Sultan, Ashraf Salim Abd Al Salam page 100. United States Department of Defense. Retrieved on 2008-03-01.
6. ^ OARDEC (date redacted). Summarized Witness Statement pages 139-143. United States Department of Defense. Retrieved on 2008-03-01.
7. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
8. ^ OARDEC (8 August 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Sultan, Ashraf Salim Abd Al Salam pages 37-38. United States Department of Defense. Retrieved on 2008-03-01.
9. ^ OARDEC (30 April 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Sultan, Ashraf Salim Abd Al Salam pages 30-32. United States Department of Defense. Retrieved on 2008-03-01.