Dawut Abdurehim
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Dawut Abdurehim | |
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Born: | 1974 (age 33–34) Ghulja, China |
Detained at: | Guantanamo |
ID number: | 289 |
Conviction(s): | no charge, held in extrajudicial detention |
Status | Has not been cleared for release, but has not had any annual Review Boards convened to review his detention. |
Dawut Abdurehim is a citizen of China, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 289. American intelligence analysts estimate Abdurehim was born in 1974, in Ghulja, China.
Abdulrehim is one of approximately two dozen detainees from the Uyghur ethnic group.
He is one of approximately two dozen Uyghur detainees accused of membership in the Eastern Turkistan Islamic Movement.[2]
Documents released in response to the writ of habeas corpus Hassan Anvar v. George W. Bush contained a December 30 2004 memo which provided one-paragraph biographies of 22 Uyghur captives, and asserted they were all caught at an "ETIM training camp".[3]
The brief biography of Dawut Abdurehim stated:
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- Dawut Abdurehim is a 30-year-old Chinese citizen. who is an ethnic Uighur from the Ghulja province of China. Yassin was last interviewed in late 2004. He has no reported incidents of violence in his discipline history. Abdurehim is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.
The information paper also identified him as "Sabit Khan Yassin".
Contents |
[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 Dawut Abdurahim's Combatant Status Review Tribunal, on 10 November 2004.[6] The memo listed the following allegations against him:
- a. The detainee is associated with the Taliban.
- The detainee is citizen of China who traveled to Afghanistan, via Kyrgyzstan [sic] and Pakistan, to receive military training at a military training camp in the Tora Bora mountains.
- The detainee lived at the Uighur [sic] training camp from June to October 2001.
- The training camp was provided to the Uighers [sic] by the Taliban.
- The East Turkistan Islamic Movement (ETIM} operated facilities in the Tora Bora region of Afghanistan in which Uighur [sic] expatriates underwent small arms training. These camps were funded by bin Laden and the Taliban [sic]
- ETIM is listed on the state departments terrorist exclusion list.
- While at the camp, the detainee received training on the Kalashnikov rifle, handguns, and other weapons.
- Following the destruction of the training camp by the United States bombing campaign, the detainee traveled to a village in Pakistan where he was captured.
[edit] Transcript
Abdurehim chose to participate in his Combatant Status Review Tribunal.[7] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a nine page summarized transcript from his Combatant Status Review Tribunal.[8]
[edit] Testimony
[edit] Dawut Abdurehim v. George W. Bush
A writ of habeas corpus, Dawut Abdurehim v. George W. Bush, was submitted on Dawut Abdurehim's behalf.[9] In response, on 8 September 2006 the Department of Defense released 31 pages of unclassified documents related to his Combatant Status Review Tribunal.
[edit] Legal Sufficiency Review
His Combatant Status Review Tribunal's Legal Sufficiency Review was drafted on 18 January 2005 by Assistant Legal Advisor Commander Karen M. Gibbs.
His enemy combatant status was confirmed by Tribunal panel 12.
Gibbs noted that the Tribunal panel "substantially complied" with the rules set out for Tribunals conduct.
Gibbs noted
The Tribunal's decision that detainee #289 is properly classified as an enemy combatant was unanimous. However, the CSRT "urges favourable consideration for the detainee's release," with no forcible return to China.
[edit] Testimony on behalf of Abdul Razak
Dawut Abdurehim testified on behalf of Abdul Razak.[10] Dawut Abdurehim testified that Abdul Razak had made two deliveries of food to the Uyghur camp, and that he was not a fighter. Dawut Abdurehim confirmed that they had fled the American aerial bombardment of Afghanistan with the other Uyghurs, through the mountains, into Pakistan, where they were turned over the Pakistani authorities.
On Abdul Razak's detainee election form Dawut Abdurehim's name was recorded as "Sabet".[11]
Both men testified that they hadn't seen the other man train on or carry any weapons.
Abdul Razak testified that the camp was near a village he called Urhurl.
[edit] Current status
Five Uyghurs, whose CSR Tribunals determined they had not been enemy combatants were transferred to detention in an Albanian refugee camp in 2006. A man who was born to Uyghur parents, in Saudi Arabia, and thus was considered a Uyghur, was nevertheless returned to Saudi Arabia. All the other Uyghurs remain in Guantanamo.
In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2006.[12][13] There is no record that a Board reviewed his status in 2005 or 2006.
In September 2007 the Department of Defense released the recommendation memos from 133 of the Administrative Review Boards that convened in 2005 and the recommendation memos from 55 of the Administrative Review Boards that convened in 2006.[14][15] No recommendation memos were released for Dawut Abdurehim.
[edit] References
- ^ 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.
- ^ "China's Uighurs trapped at Guantanamo", Asia Times, November 4, 2004. Retrieved on 2008-03-28.
- ^ Department of Defense, Information paper: Uighur Detainee Population at JTF-GTMO, December 30, 2004
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ^ 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.
- ^ OARDEC (10 November 2004). Summary of Evidence for Combatant Status Review Tribunal - Abdurehim, Dawut page 33. United States Department of Defense. Retrieved on 2008-04-23.
- ^ OARDEC (19 November 2004). Detainee Unsworn Statement pages 9-17. United States Department of Defense. Retrieved on 2008-04-23.
- ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15.
- ^ Dawut Abdurehim v. George W. Bush pages 40-70. United States Department of Defense (8 September 2006). Retrieved on 2008-04-23.
- ^ OARDEC. "Summarized Sworn Detainee Statement (ISN 219)", United States Department of Defense, 23 October 2004, pp. pages 32-34. Retrieved on 2007-12-18.
- ^ Detainee election form (ISN 219) page 89. United States Department of Defense (16 October 2004). Retrieved on 2007-12-18.
- ^ 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.
- ^ OARDEC (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (August 10, 2007). Index Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
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