Hani Abdul Muslih al Shulan

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Abdelaziz Kareem Salim al-Noofayee
Born: 1979 (age 28–29)
Ibb, Yemen
Detained at: Guantanamo
ID number: 225
Conviction(s): no charge, held in extrajudicial detention
Status Cleared for release on September 17, 2005.
CSRT Summary * "10 June 2005" on Wikisource.
CSRT Transcript * "Transcript" on Wikisource.
Occupation: student, chef's assistant

Hani Abdual Muslih Al Shulan is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] Al Shulan's Guantanamo detainee ID number is 225. American intelligence analysts estimate that Al Shulan was born in 1979, in Ibb, Yemen.

Al Shulan is notable because one of the justifications for his continued detention was that he was captured wearing a Casio F91W digital watch.[3]

Contents

[edit] Press reports

Al Shulan was also accused of being present at Tora Bora, during the American bombardment.[3]

Al Shulan said he was just a student, who found work as a chef's assistant north of Kabul.[3]

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed 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.
Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.[4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]
Casio F91W, in daily alarm mode. The watch is currently set to ring an alarm, and flash its light, at 7:30am.
Casio F91W, in daily alarm mode. The watch is currently set to ring an alarm, and flash its light, at 7:30am.

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 tribunal 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 Hani Abdul Muslih Al Shulan's Combatant Status Review Tribunal, on 08 October 2004.[6] The memo listed the following allegations against him: Hani Abdul Muslih Al Shulan

a. Detainee supported the Taliban.
  1. The detainee arrived in Afghanistan in approximately July 2001, from Yemen via Pakistan.
  2. The detainee resided in Taliban safe houses during his travel to and within Afghanistan.
  3. The detainee traveled to Afghanistan in response to a [[fatwa] for the purpose of fighting coalition forces.
  4. The detainee had in his possession at capture a Casio watch, model # A159W, which has been used in bombings linked to al Qaida.
  5. The detainee was proficient with a Kalashnikov [sic] rife [sic] .
b. The detainee engaged in hostilities against the United States and its coalition partners.
  1. The detainee was armed with an AK-47 rifle.
  2. The detainee was present in the Tora Bora region during the U.S. air campaign.
  3. The detainee was captured in Pakistan neat the Afghanistan border by Pakistani forces.

[edit] Transcript

Al Shulan 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 an eight page summarized transcript from his Combatant Status Review Tribunal.[8]

[edit] Al Shulan's testimony in response to the allegations against him:

  • Al Shulan acknowledged traveling to Afghanistan via Pakistan, but he could no longer recall whether he arrived in July 2001.
  • Al Shulan denied stating that he traveled to Afghanistan in response to a fatwa.
  • Al Shulan acknowledged owning a Casio watch, but he couldn't recall the model number.
  • Al Shulan acknowledged proficiency with the Kalashnikov, but he pointed out that proficiency with a Kalashnikov was extremely common in Afghanistan, because it was so dangerous there.
  • Al Shulan acknowledged having an AK-47, but stated: "...it's not for any enemy activities or to fire at the coalition."
  • Al Shulan denied staying in Tora Bora.
  • Al Shulan denied that he was captured. He said turned himself over to the Pakistani authorities.

[edit] Al Shulan's response to questions from the Tribunal's officers:

  • Al Shulan said he traveled to Afghanistan in search of employment.
  • Al Shulan said his father paid his travel expenses.
  • Al Shulan stated he had never had any kind of military training.
  • Al Shulan was asked if he saw any members of the Taliban or al Qaida in the houses he stayed in in Afghanistan. In response he said he did not hear about al Qaida until he was put in jail.
  • Al Shulan acknowledged that when he fled Afghanistan he did not travel alone, and that he and some of his traveling companions were armed.
  • Al Shulan said he did not know whether he could find work in Afghanistan, but it was an easy country to travel to, because it wasn't necessary to get a visa.
  • Al Shulan said a man named Saleh Al Raeni, who he met at a mosque called Al Forkan, helped him find his way to Afghanistan.
  • Al Shulan declined to answer whether he "believed in jihad", because that issue wasn't touched upon in his unclassified summary of evidence.
  • Al Shulan failed to find work in Quetta, Pakistan, Kandahar, Afghanistan, Kabul Afghanistan. But he did find work as a cook's assistant in a small place outside of Kabul.
  • Al Shulan said he wanted to leave Afghanistan following the attacks on 9-11 because he didn't want to get involved.
  • Al Shulan acknowledged passing through Tora Bora during his exit from Afghanistan.
  • Al Shulan stated that he thought he turned himself in to authorities in Pakistan on August 1st [sic] .

[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.[10] 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 Hani Abdul Muslih Al Shulan's first annual Administrative Review Board, on 10 June 2005.[11] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee traveled to Afghanistan in response to a fatwa for the purpose of fighting coalition forces.
  2. The detainee arrived in Afghanistan in approximately July 2001 from Yemen via Pakistan.
  3. The detainee spent two months at a Taliban camp. The detainee stated that his job was to prepare food that was later transported to soldiers fighting on the front lines.
  4. The detainee was present in the Tora Bora region during the U.S. air campaign.
  5. The detainee was armed with an AK-47 rifle.
b. Training
The detainee denied receiving any military training while in Kabul. According to the detainee, Taliban officials asked him if he wished ot undergo firearms training. The detainee declined because he already considered himself proficient with a Kalashnikov [sic] rifle.
c. Connections/Associations
  1. The detainee's travel to Afghanistan was facilitated by a Yemeni national known to have recruited Yemeni men to fight the Jihad against the Russians in Chechnya.
  2. The detainee resided in Taliban safehouses during his travel to and within Afghanistan.
d. Other Relevant Data
  1. The detainee had in his possession at capture a Casio watch, model # A159W, which has been used in bombings linked to al Qaida.
  2. The detainee was captured in Pakistan near the Afghanistan border by Pakistani forces.

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

a.

The detainee stated that he didn't mind "working" for the Taliban, but didn't want to fight.
b.

The detainee stated that he had planned to go to Afghanistan to find work with the Taliban and earn money. He had planned on staying for six or seven months and then return home.
c.

When asked, the detainee stated that if the fatwa that Sheik Mohamed al-Imam issued had included fighting Americans, he would not have gone to Afghanistan.
d.

The detainee claimed that he did not say during the interrogation that he traveled to Afghanistan in response to a fatwa for the purpose of fighting coalition forces. There are other people that went for the purpose of fatwa that went for the purpose of fatwa but he did not go there for that purpose.
e.

The detainee stated that he knew Usama Bin Laden was in Afghanistan, but did not know he was associated with the Taliban. The detainee stated that he does not know anyone that supports or is associated with Usama Bin Laden, now would he fight against the Americans.
f.

The detainee had learned about the East African US embassy bombings, and the bombing of the USS Cole from the news. The detainee stated that he does not know anyone associated with these attacks.
g.

The detainee stated that he believed that the United States would not attack Afghanistan without a reason.
h.

The detainee noted that, if released, he would like to return to study at the university ans subsequently become a teacher.
i.

The detainee stated that he has never heard the term Bayout, or swearing of allegiance, to Usama Bin Laden. The detainee further denied any association to Al Qaida, and added that the first time he ever heard [sic] the group, was after arriving in Cuba. The detainee also said he knows of UBL only through what he has heard from the media.
j.

The detainee denied having prior knowledge of the attacks [sic] , and further crtiicized the fact they took place. The detainee continued to state that if two countries can't resolve their differences peacefully, then it is a matter for armies to settle, and not terrorists. The detainee stated he believes terrorism is a bad thing because many innocent people lose their lives at the hand of the terrorists.
k.

The detainee stated that prior to leaving Kabul, he was issued an AK-47 assault rifle. He advised that this was the first time he had carried a rifle while in Afghanistan.
l.

The detainee states that everyone uses a Kalashnikov rifle. He denied that he had the weapon for any enemy activities or to fire at the coalition.
m.

The detainee claimed that he was not at Tora Bora during the U.S. air campaign. He stated that was the only way to leave Afghanistan.
n.

The detainee claims the Pakistani forces did not capture him but that he turned himself over to them so he could exit.

[edit] Transcript

The Department of Defense did not publish the transcript from the unclassified session from his Board hearing. The Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 225 stated that he did not attend his hearing, but that he had met with his Assisting Military Officer for a pre-hearing interview, and that: "The AMO verbally summarized the Detainee's comments during the interview."[12]

The memo recorded that[12]:

"The Board queried the DMO on details surrounding the EC's capture, and the AMO concerning the EC's behavior and willingness to cooperate during notification."

The Department of Defense has not explained why the transcript from his hearing was withheld.

[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.[13][12] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 17 September 2005.

His Board concluded that he "...continues to be a threat."[13]

An unredacted paragraph in the memos stated[12]:

The "Copies of Documented Evidence" package was reviewed for information from agencies known to perform original intelligence collection (interviews) directly from the EC (CITF, FBI, and others). FOr this reason, and the fact that other documents generally appear to have derived their information from them, the Board primarily cites those original intelligence collection documents. However, the Board carefully considered all provided documents, and cites those that provide differing or additional information as well.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Details of some hearings involving Guantanamo detainees, Fox News, March 6, 2006
  3. ^ a b c Details of some Guantanamo hearings, San Jose Mercury, March 6, 2006
  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. ^ OARDEC (08 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Shulan, Hani Abdul Muslih pages 45-46. United States Department of Defense. Retrieved on 2008-05-05.
  7. ^ OARDEC (date redacted). Summarized Statement pages 20-27. United States Department of Defense. Retrieved on 2008-05-05.
  8. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  9. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  10. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  11. ^ OARDEC (10 June 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Shulan, Hani Abdul Muslih pages 67-69. United States Department of Defense. Retrieved on 2008-05-05.
  12. ^ a b c d OARDEC (20 June 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 225 pages 12-16. United States Department of Defense. Retrieved on 2008-05-05.
  13. ^ a b OARDEC (17 September 2005). Administrative Review Board assessment and recommendation ICO ISN 225 page 11. United States Department of Defense. Retrieved on 2008-05-05.