User:Geo Swan/Guantanamo/Review/April 2008/Saiid Farhi

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Saiid Farhi is an Algerian held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His Guantanamo detainee ID 311. Farhi was born on March 29, 1961, in Churchelle, Algeria.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive.

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 Saiid Farhi's Combatant Status Review Tribunal, on 29 September 2004.^[2] The memo listed the following allegations against him:

The detainee is a member of, or associated with, al Qaida:

1. The detainee left Algeria in 1989 and went to France, where he lived for six to seven years.
2. Detainee left France in 1996 or 1997 and traveled to Italy, he then traveled to England in January 2001.
3. While in England, the detainee attended the Finsbury Park Mosque and Baker Street Mosque, both known extremist mosques.
4. Detainee left England in June 2001 to travel to Afghanistan, via Pakistan, to look for a wife.
5. Detainee stayed in an Algerian house while in Jalalabad, Afghanistan.
6. Detainee traveled to Kabul where he stayed for one and one half months.
7. Pakistani authorities captured detainee when he attempted to cross the border between Afghanistan and Pakistan.
8. Detainee received injuries during a bus accident while in the custody of the Pakistani authorities.

[edit] Transcript

There is no record that Saiid Farhi chose to participate 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".^[3]

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 Saiid Farhi's first annual Administrative Review Board, on 21 March 2005.^[4] The memo listed factors for and against his continued

[edit] The following primary factors favor continued detention:

a. Commitment

1. Detainee left England in June 2001 to travel to Afghanistan, via Pakistan, to look for a wife.
2. Detainee’s overall behavior has been non-compliant and aggressive. He has harassed the guards throughout his time at JTF GTMO. He has been involved in volatile situations, including inciting riots and trying ot harm the guard force. Detainee has also failed to comply with the rules of the cellblocks and the guard force.

b. Training

1. The detainee received weapons training at the Bagram Front.

c. Connections/Associations

1. While in England. The detainee attended the Finsbury Park Mosque and Baker Street Mosque, both known extremist mosques.
2. The detainee stayed in an Algerian house while in Jalalabad, Afghanistan.
3. While attending a funeral in Kabul shortly after September 11, 2001, the detainee saw Usama Bin Laden.

d. Intent

1. Using a stolen French passport, the detainee traveled from France to Italy in 1997 and from Italy to England in January 2001.
2. The detainee related that he believes Americans are tyrants.

e. Other Relevant Data

1. Pakistani authorities captured the detainee when he attempted to cross the border between Afghanistan and Pakistan.
2. Detainee received injuries during a bus accident while in the custody of the Pakistani authorities.
   • Bus accident occurred during an escape attempt by Arab prisoners and several Pakistani guards were killed.

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

a.	The detainee stated that September 11 was not right.
b.	The detainee stated he never heard of al Qaida until after September 11. He described al Qaida as a platform or foundation.
c.	Regarding his future intentions , the detainee stated that if released, he wants to “live a good life”, consisting of marriage, having children, getting a job, and living in Europe.

[edit] Transcript

Saiid Farhi's Assisting Military Officer started his participation in the hearing by reading comments from notes taken during their pre-hearing interview that addressed the allegation that Saiid Farhi had been non-compliant and aggressive^[5]:

There are some guards here who have provoked me. I am forty-four years old. Would I provoke them? I have been isolated for one year because of this. This happened in the past here and they me provoked me so I reacted to them. Sometimes I spat on them and sometimes I spoke loud to them and stated that they had no manners or grew up in the streets.

• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi denied training in Afghanistan. Saiid Farhi acknowledged receiving training during his compulsory military service in Algeria, from 1981-83.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi acknowledged attending the Finsbury Park Mosque. But he stated that he was new to the UK, and didn't know the mosques were frequented by extremists.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi acknowledged living for a while in Jalalabad, but the house he lived in was an Afghani's house, not an Algerian's house. He acknowledged there was another Algerian living there.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi acknowledged being present during a funeral that might also have been attended by Osama bin Laden. He explained that, in his culture, one stopped when one saw a funeral, as a sign of respect, whether you knew the departed or not. He and a friend had stopped at a funeral, and speculated afterwards as to whether bin Laden may also have attended. He didn't meet bin Laden there.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi clarified that he never meant to imply that all Americans were tyrants. He was referring to his guards when he made that comment.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi clarified that he was not captured crossing into Pakistan. He had already crossed the border and "...been living in Pakistan with a family in the mountains when he was turned over to Pakistani authorities for money.
• Saiid Farhi's Assisting Military Officer's notes recorded that Saiid Farhi acknowledged being injured when there was a bus carryign prisoners crashed. He was asleep when the bus crashed. When the bus rolled he broke his arm.

Saiid Farhi added:

I read (the unclassified summary) and I said that those allegations that they wrote [have] a lot of lies in it. I don't know if the interrogator wrote it on purpose or by mistake because, first of all, they knew the reason why I went to Afghanistan. I went to Afghanistan because of marriage. Because the lady I wanted to marry lived in Afghanistan and she is from Europe. I had to go there (Afghanistan) to get all the papers together because I lived in Europe. Before I was living in Europe illegally so my marriage with this lady would make me legal to live in Europe. This is the reaosn why I sent to Afghanistan.

Secondly, [if I wanted] to go to Afghanistan, I would [have gone] from Italy to Afghanistan. If I wanted to fight or Jihad, I would [have done] that in my country, in Algeria because I received military training in Algeria and it was mandatory training. I don't like the military and the two years [of] training that we had to go [through] in Algeria, mandatory military service, for ten years after that I hated it. Since I touced a weapon in the military training in Algeria I haven't touched any weapon in my life, since then until now. How can you say I am [an] enemy combatant?

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Saiid Farhi's second annual Administrative Review Board, on 3 December 2004.^[6] The memo listed factors for and against his continued detention.20 February 2006

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee entered Italy illegally in 1997. While in Rome the detainee purchased a French Passport from Algerian robbers in the name of Oliber Jean Christian Marie Joseph Bayart.

b. Training

1. The detainee was conscripted into the military in 1981. The detainee served with a construction service unit that was assigned to military bases. The detainee's military specialty was construction: roads, plumbing, building and painting. The detainee received two months of basic training with the Kalashnikov and Seminov rifles. The detainee spent one week in a military prison because of a fistfight with an officer. The detainee received an honorable discharge in 1983.
2. The detainee went to the Bagram from where he received some weapons training.
3. Another detainee identified the detainee as an individual who trained with him at the Algerian Camp and they eventually traveled to Kandahar.

c. Connections/Associations

1. The detainee saw Usama bin Laden shortly after 11 September 2001. Usama bin Laden was attending a funeral in Kabul. The detainee and a friend happened to be passing by on the street and stopped to attend the funeral. The cemetery was on the outskirts of Kabul.
2. Another detainee identified the detainee as someone he saw at a safe house in Jalalabad, Afghanistan.
3. The detainee admitted to the authorities of a foreign government that he fought on the front lines.

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

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ OARDEC (29 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- page 50. United States Department of Defense. Retrieved on 2007-11-15.
3. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
4. ^ OARDEC (21 March 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Farhi, Saiid pages 28-29. United States Department of Defense. Retrieved on 2007-11-15.
5. ^ {{cite news | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_3_769-943_FINAL.pdf#84 | title=Summarized Administrative Review Board Detainee Statement (ISN 311) | date=March 2005 | pages=pages 84-94 | publisher=[[United Stat |author=OARDEC |publisher=United States Department of Defense |accessdate=2007-11-15 }}
6. ^ OARDEC (20 February 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Farhi, Saiid pages 70-71. United States Department of Defense. Retrieved on 2007-11-15.