Faruq Ali Ahmed

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Faruq Ali Ahmed
Born: December 12, 1983 (1983-12-12) (age 24)
Flag of Yemen - Ta'iz, Yemen
Detained at: Guantanamo Bay camp
ID number: 032
Alleged to be a member of: al-Qaeda
See also minors detained in the global war on terror

Faruq Ali Ahmed (born December 12, 1983) is a citizen of Yemen who is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] Ahmed Guantanamo Internee Security Number is 032. Joint Task Force Guantanamo counter-terrorism analysts reports that Ahmed was born on December 12, 1983, in Ta'iz Yemen.

Contents

[edit] Summary

Faruq Ali Ahmed had memorized all 6,000 verses of the Koran by the time he was sixteen years old, and with his parent's approval, decided to go to Afghanistan to teach the Koran to children.[2] By tradition the Koran is always taught in Arabic, so his inability to speak Pashto would not be a roadblock. Faruq Ali Ahmed was present in Afghanistan, at the time of the al Qaeda's attacks on September 11, 2001, and was caught up in the chaos following the US aerial bombardment of Afghanistan.

JTF-GTMO analysts assert that Faruq Ali Ahmed's casual association with Taliban public officials justified classifying him as an "enemy combatant". They also asserted that an anonymous informant claimed he saw him carrying an AK-47, and another anonymous informant claimed he had overheard someone utter "Farouq" over a satellite phone.

[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.[3][4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]
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 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.

Ahmed chose to participate in his Combatant Status Review Tribunal.[6]

[edit] Allegations

The allegations against Ahmed were:[7]

a The detainee associated with known members of the Taliban.
  1. The Detainee traveled from his home in Yemen to Afghanistan via Pakistan in March 2001.
  2. The Detainee admitted to giving his passport known by him to be a member of the Taliban.
  3. The Detainee admitted to lodging at an official Taliban residence in Kabul, with a Taliban representative he met in Quetta Pakistan.
b The detainee was a member of al-Qaida.
  1. The Detainee was observed carrying an AK-47 and wearing fatigues at UBL’s private airport in Kandahar, Afghanistan.
  2. The Detainee was captured by Pakistani Forces as part of an organized group of 30 Mujhedeen after the fall of Tora Bora.

[edit] Transcript

Faruq Al Ahmed agreed to participate in his Combatant Status Review Tribunal.[6]

[edit] Testimony

Ahmed denied associating with members of the Taliban. He said his only concern was to teach children.

He acknowledged traveling to Afghanistan.

He acknowledged giving his passport to an associate, for safekeeping. He didn’t know whether this individual was a member of the Taliban.

He said the name of the man he paid to take him to Kandahar was Abdul Malik. He did meet him in Quetta. He did stay overnight at his house, in Kandahar, before proceeding to Kabul, the next day. In Kabul Malik introduced him to Abderrahman. He acknowledged that there were armed men in the Abderrahman’s house and he assumed they were members of the Taliban. But he stayed in his room and didn’t interact with them.

He denied being a member of Al Qaeda.

He denied ever carrying a rifle, going to an airport or wearing a uniform. He said he never saw any Taliban wearing any uniform beyond a headscarf.

He denied being captured as part of a group. He said he was captured alone.

He acknowledged that his travel expenses had been paid for by Muhammad Abduhma a man he met in Yemen who encouraged him to go to Afghanistan.

[edit] Earned mention in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, Faruq Ali Ahmed's Personal Representative recorded his or her objections to the Tribunal's conclusion:[8]

"I do not believe the Tribunal gave full weight to the exhibits regarding ISN [redacted]'s truthfulness regarding the time frames in which he saw various other ISNs in Afghanistan. It is unfortunate that the 302 in question was so heavily redacted that the Tribunal could not see that while ISN [redacted] may have been a couple months off in his recollection of ISN [redacted]'s appearance with an AK 47, that he was six months to a year off in his recollections of other Yemeni detainees he identified. I do feel with some certainty that ISN [redacted] has lied about other detainees to receive preferable treatment and to cause them problems while in custody. Had the Tribunal taken this evidence out as unreliable, then the position we have taken is that a teacher of the Koran (to the Taliban's children) is an enemy combatant (partially because he slept under a Taliban roof)."

[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".[9]

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.

Ahmed chose to participate in his Administrative Review Board hearing.[10]

[edit] Assisting Military Officer's initial interview

Faruq Ali Ahmed's Assisting Military Officer told his Board that their initial interview took place on October 19, 2005, and lasted for one hour. The Assisting Military Officer described him as "cooperative and very polite".

[edit] Factors for and against continued detention

  • The detainee traveled from Tirez through Dubai, United Arab Emirates, to Karachi, Pakistan. He stayed at a hotel in Karachi before traveling to Quetta, Pakistan where he went to the Taliban office and met Abu Malak [sic] .
  • Abu Malak [sic] took the detainee to Kabul, Afghanistan after a three-day stop in Kandahar, Afghanistan and introduced the detainee to Abdul Rahman [sic] at the Wazir Akbar Mosque in Kabul. The detainee claims he taught the Koran to children at the mosque from approximately May to August 2001.
  • The detainee stayed at a house in Kabul that was used by Taliban officials to live in while in Kabul on business.
  • The detainee gave Abdul Rahman his passport for safekeeping while he stayed in Afghanistan and he did not retrieve it before departing for Pakistan.
  • Abdul Rahman used to work for the Taliban.
  • The detainee was identified as a Yemeni mujahideen who was captured at Tora Bora.
  • The detainee was seen wearing camouflage and carrying an AK-47 at Usama Bin Laden's private airport in Kandahar, Afghanistan.
  • The detainee received no military training in Yemen because he paid a bribe to get out of his obligatory military service.
  • An admitted al Qaida travel facilitator identified the detainee as a Yemeni who traveled to Afghanistan in April 2001 and attended the al Farouq training camp.
  • On his way to the Pakistani border the detainee recognized some fellow men in a group of refugees and joined them. The men he recognized were Abdul Malak, Osman, and Majed. The detainee remembered the men from their visits to his high school classes in Tirez, Yemen.
  • The Furqan Institute was a meeting and recruiting ground for jihadist [sic] in Yemen. Many Yemeni al Qaida members have links to the institute, specifically a number of the al Qaida members involved in the 12 October 2002 attack on the U.S.S. Cole.
  • An admitted Usama Bin Laden bodyguard identified Abdul Malak as a bodyguard very close to Usama Bin Laden who introduced Usama Bin Laden to his fourth wife. He also identified Huthayfa Uthman as a Yemeni he heard was Usama Bin Laden bodyguard for 20-30 days and fought on the front lines in Kabul. He also identified Majed as a bodyguard who was with Usama Bin Laden before he disappeared in Tora Bora as well as fought on the Kabul front lines in January 2001.
  • An admitted al Qaida travel facilitator identified the detainee's three friends as Usama Bin Laden bodyguards.
  • Another detainee identified Abdul Malak and Majed as Usama Bin Laden bodyguards. He also identified Uthman as a Yemeni mujahideen who was with him when he was captured at Tora Bora.
  • The detainee was identified as one of the 30 mujahideen who fled Tora Bora together after Usama Bin Laden left the area. The detainee was also seen many times at the Kandahar guesthouse.
  • A document listing 324 Arabic names, aliases and nationalities was recovered from safe house raids associated with suspected al Qaida in Karachi, Pakistan. This list contains the detainee's name, nationality Yemeni [sic] , and passport.
  • A name matching the detainee's was listed on a radio brevity code sheet taken from suspected al Qaida members near Takhteh Pol, Afghanistan, on 24 November 2001.
  • An admitted Usama Bin Laden bodyguard identified the detainee as someone who came to Afghanistan only two to three weeks before the bombing began. He said the detianee is not known as an al Qaida member and spent his time in Afghanistan memorizing the Koran.
  • If release, the detainee would like to play soccer, get married, get his own house and find a job in Yemen. He does not feel any animosity towards the United States. He feels the people involved with the September 11, 2001 attacks should be held accountable for their actions. He would not want to harm any Americans.
  • The detainee denied he was a bodyguard for Usama Bin Laden. He has only seen Usama Bin Laden in pictures and believes he is a "bad" man deserving of punishment.

[edit] Response to the factors

  • Faruq Ali Ahmed acknowledged traveling to Quetta and meeting with Taliban representative Abu Malak [sic] .
  • Faruq Ali Ahmed acknowledged teaching the Koran to children in Kabul from May to August 2001.
  • Faruq Ali Ahmed acknowledged that he stayed in a guesthouse in Kabul. He said he stayed in his room and did not know whether Taliban officials also used the guesthouse, or if it was affiliated with the Taliban.
  • Faruq Ali Ahmed acknowledged that he left his passport with Abdul Rahman [sic] , for safekeeping, and that he did not have a chance to retrieve it before he fled the war.
  • In response to the factor that Abdul Rahman used to work for the Taliban Faruq Ali Ahmed responded that he could have, but he had no personal knowledge of this.
  • Faruq Ali Ahmed denied being captured in Tora Bora.
  • Faruq Ali Ahmed denied being seen wearing camouflage and carrying an AK-47 at bin Laden's private airport. He testified that he had never seen any airports in Afghanistan.
  • Faruq Ali Ahmed denied paying a bribe to get out of his Yemeni military service obligation. As the oldest child in his family he was legally entitled to pay for an exemption.
  • Faruq Ali Ahmed responded to the allegation that he attended al Farouq in April 2001 by pointing out that the didn't travel to Afghanistan until May 2001.
  • In response to the factor that he met three fellow Yemeni refugees while fleeing the war, who had spoken at his high school in Yemen, Faruq Ali Ahmed testified he had not met them in high school. He first met them in the Pakistani prison, not while fleeing as refugees. However, he acknowledged recognizing them from his school in Yemen. They had been in high school when he was in Primary school.
  • In response to the allegation that the Furqan Institute was an al Qaeda recruiting center Faruq Ali Ahmed that it wasn't anything other than an ordinary high school.
  • In response to the allegation that he met three refugees who were Bin Laden bodyguards while fleeing the war Faruq Ali Ahmed repeated that he didn't meet these men while fleeing the war, he met them in prison, in Pakistan. He testified that they told him that they too were teaching the Koran. And he testified he had not heard anything further about them since then.
  • In response to the allegation that an "al Qaida travel facilitator" identified his "three friends" as Bin Laden bodyguards Faruq Ali Ahmed denied any knowledge of their possible involvement with Bin Laden or al Qaeda.
  • When told that yet another Guantanamo captive identified the three other Yemenis as Bin Laden bodyguards Faruq Ali Ahmed repeated that he had no knowledge of the other Yemenis involvement with Bin Laden.
  • In response to the allegation that he was part of a group of 30 mujahideen in Tora Bora Faruq Ali Ahmed repeated he never went to Tora Bora. He did recall an estimate that there were approximately 30 other men with him in the Pakistani prison during his first investigation. But he didn't know these men, and didn't know what they might have done.
  • Faruq Ali Ahmed acknowledged staying in a Kandahar guesthouse, but only for three days, and none of the other guests spoke Arabic to him, so he didn't speak with any of them.
  • In response to the allegation that his name or known alias was found on a suspicious list in a Karachi safehouse Faruq Ali Ahmed seemed confused at first. After some clarification he testified that he had no aliases, and that his name was a common name
  • In response to the allegation that a name matching his was on a suspected list of radio brevity codes captured on November 24, 2001, Faruq Ali Ahmed seemed confused. After clarification he repeated that his name was a common name, and that by November he was already in detention.

[edit] Ahmed's writ of habeas corpus

Ahmed was the subject of an article in the February 3, 2006 issue of the National Journal.[2] According to the article Ahmed's Personal Representative, from his Combatant Status Review Tribunal, filed a protest to the fairness of his review, which was attached to his writ of habeas corpus. The article reported that the two more serious allegations against Ahmed, which he had flatly denied, were based solely on a denunciation by two other detainees, one of whom the FBI had warned was an unreliable liar. The article quotes from Ahmed's Personal Representative's protest:

"I do feel with some certainty that [the accuser] has lied about other detainees to receive preferable treatment and to cause them problems while in custody, Had the tribunal taken this evidence out as unreliable, then the position we have taken is that a teacher of the Koran (to the Taliban's children) is an enemy combatant (partially because he slept under a Taliban roof.)"

The other detainee who denounced Ahmed was Mohamed al-Kahtani, who the subject of a Time magazine expose. Al-Kahtani was held in an isolation unit and subjected to interrogation for 18 to 20 hours a day, for 48 days out of 54. The article notes:

"By late November 2002, an FBI agent wrote, Detainee 063, Mohamed al-Kahtani, was 'evidencing behavior consistent with extreme psychological trauma (talking to nonexistent people, reporting hearing voices, cowering in a corner of his cell covered with a sheet for hours on end.)'"

The interrogation log that Time made available for download chronicles how the exhausting nature of Al-Kahtani's questioning brought on physical collapses. When Al-Kahtani collapsed medical technicians were called in to give him IV drips, enemas, force-feedings, to get him going again.

At the end of his interrogation Al-Kahtani identified the mug shots of thirty of the other detainees as bodyguards of Osama bin Laden. Ahmed was one of the thirty men Al-Kahtani fingered. Al-Kahtani was later to recant everything he confessed during his extreme interrogation.

The story identifies David Remes and Mark Falkoff of Covington & Burling, lawyers who volunteered through the Center for Constitutional Rights to represent Guantanamo detainees, as Ahmed's lawyers. They represent 16 other detainees. The article quotes Remes as saying he didn't actually expect that his clients would be innocent, that he volunteered because he felt every suspect deserved legal advice. But that when he and Falcoff traveled to visit the families of their clients, and looked into their backgrounds, they found all the evidence was consistent with their clients telling the truth about their lack of ties to terrorism.

Remes and Falkoff found that several other clients of theirs faced denunciation from al-Kahtani and from the other unnamed detainee that the FBI had identified as an unreliable liar.

[edit] One new allegation against Ahmed

According to the article, during his Administrative Review Board hearing, Ahmed faced one new allegation:[2]

"The board told Farouq that a new piece of evidence had turned up against him, he later told his lawyers. Somebody had said, at some point in the past four years, that they had heard the name "Farouq" over a walkie-talkie during the battle of Tora Bora."

The article points out that Farouq is a very common personal name, noting:

"It's a first name, in fact, that is shared by the foreign minister of Syria, the culture minister of Egypt, the political director of the Palestinian Fatah party, the major general in charge of earthquake relief in Pakistan."

Farouq is also the name of one of al Qaeda's most well-known military training camps.

[edit] References

  1. ^ 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 c Corine Hegland. "Guantanamo's Grip", National Journal, Friday, February 3, 2006. Retrieved on 2007-7-2. 
  3. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  5. ^ 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.
  6. ^ a b Summarized transcripts (.pdf), from Faruq Ali Ahmed's Combatant Status Review Tribunal - pages 12-16 - [[mirror - pages 126-131
  7. ^ Summary of Evidence memo (.pdf), from Faruq Ali Ahmed's Combatant Status Review Tribunal - page 19 - September 8, 2004
  8. ^ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. No-hearing hearings. Seton Hall University School of Law. Retrieved on April 2, 2007.
  9. ^ (Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12. 
  10. ^ Summarized transcript (.pdf), from Faruq Ali Ahmed's Administrative Review Board hearing - pages 36-52 - October 24, 2005