Ibrahimj Sulayman Muhammad Arbaysh

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Ibrahimj Sulayman Muhammad Arbaysh is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Arbaysh's Guantanamo detainee ID number is 192.[1] The Department of Defense reports he was born on July 7, 1979, in Al Brida, Saudi Arabia.

Contents

[edit] Identity

Captive 192 was named inconsistently on different official Department of Defense documents.

  • He was named Ibrahim Sulayman Muhammad Al Rubaysh on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal.[2]
  • He was named Ibrahimj Sulayman Muhammad Arbaysh on the habeas corpus cover sheet to the dossier of unclassified documents released from his Combatant Status Review Tribunal.[3]
  • He was named Ibrahim Sulayman Muhammad Arbaysh on the Summary of Evidence memo prepared for his second annual Administrative Review Board hearing.[4]:

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

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 Ibrahim Sulayman Muhammad Al Rubaysh's Combatant Status Review Tribunal, on 8 August 2004.[5] The memo listed the following allegations against him:

a. The detainee was a Taliban fighter and Al Qaida member.
  1. The detainee traveled to Afghanistan to train for JIHAD.
  2. The detainee trained at the Al Farouq; a known Al Qaida training camp.
  3. Detainee trained with a Kalishnakov [sic] rifle and received physical training at Al Farouq.
b. He engaged in hostilities against the United States or its coalition partners.
  1. Detainee traveled the [sic] front lines in Tora Bora in order to fight the Northern Alliance.

[edit] Detainee election form

The Personal Representative's comment section of the Detainee election form stated[6]:

Detainee had an extremely skeptical attitude.
Does not believe in the system.
Will not be in attendance at Tribunal,
hence, no witnesses.

[edit] Ibrahimj Sulayman Muhammad Arbaysh v. George Walker Bush

A writ of habeas corpus, Ibrahimj Sulayman Muhammad Arbaysh v. George Walker Bush, was submitted on Ibrahimj Sulayman Muhammad Arbaysh's behalf.[7] In response, on 22 July 2005 the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

[edit] Administrative Review Board hearings

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".[8]

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 hearing

The Summary of Evidence memo prepared for Ibrahimj Sulayman Muhammad Arbaysh's first annual Administrative Review Board hearing listed the following factors for and against his continued detention[9]:

[edit] The following primary factors favor continued detention:

a. Arbaysh was a Taliban fighter and Al Qaida member.
  1. Arbaysh traveled to Afghanistan to train for jihad.
  2. Arbaysh trained at the Al Farouq; a known Al Qaida training camp.
  3. Arbaysh trained with a Kalishnakov [sic] rifle and received physical training at Al Farouq.
b. Arbaysh engaged in hostilities against the United States or its coalition partners.
  1. Arbaysh traveled [sic] the front lines in Tora Bora in order to fight the Northern Alliance.
c. Arbaysh is an Al Qaida/Taliban member.
  1. Arbaysh's name was found listed on a document found on the ALNEDA-internet site on 20 July 2002. It contained information regarding the capture of Taliban and Al Qaida fighters who had crossed the border in Nangahar providence [sic] after the 11 September 2001 retaliation.
  2. Arbaysh's name was found on a list of incarcerated Arabs on a file found on a computer hard drive recovered by allied personnel in a suspected Al Qaidia [sic] safe house in Islamabad, Pakistan.
d. Detainee's Conduct: Arbaysh has a past history of passive aggressive behavior. The detainee has failed to comply with requirements to exit the cell and mild force was required. Other than the two forced cell extractions the detainee has only assaulted guards on two other occasions. (FN3)
e. Based upon a review of recommendations from U.S. agencies and classified and unclassified documents, Arbaysh is regarded as a continued threat to the United States and its Allies.

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

  • No information available.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Ibrahim Sulayman Muhammad Arbaysh's second annual Administrative Review Board, on 20 January 2006.[10] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee feels that participation in jihad is a means of providing for the needy and fighting the oppressors of Islam. The detainee also feels that it is the duty of all Muslims to answer the call to jihad.
  2. The detainee discussed a possible jihad to go fight in Chechnya with an individual who attended the same mosque as he did.
  3. The detainee traveled from al Brayma, Saudi Arabia to Jeddah, Saudi Arabia then to Karachi and Quetta, Pakistan. Once in Quetta, the detainee traveled to a guesthouse in Kandahar, Afghanistan.
  4. While at the guesthouse in Quetta a bus arrived and took the detainee to the al Farouq training camp.
  5. After a short time at al Farouq the detainee was told that the camp was being evacuated and he was instructed to leave and go to a guesthouse in Kabul, Afghanistan.
  6. The detainee left Kabul and traveled to another guesthouse in Jalalabad, Afghanistan and returned to Tora Bora because Jalalabad was going to fall.
  7. The detainee was captured by the Pakistanis while fleeing from Afghanistan and was eventually turned over to the United States Forces in Afghanistan.
b. Training
The detainee was trained on the Kalishnikov [sic] and instructed in physical training and marksmanship while at al Farouq. The detainee also learned how to field strip and perform maintenance on the Kalishnikiov [sic]
c. Connections/Associations
  1. The detainee was named in an article concerning Guantanamo Bay detainees by the Islamic extremist web site "almuhayed.com".
  2. According to an intelligence source, the detainee is believed to be a member of al Qaida.
  3. The detainee's name was found on a computer that listed the names of captured Mujahedin.
d. Other Relevant Data
The detainee blames the United States for his detainment.

[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. The detainee also denied knowledge of any rumors or plans of future attacks on the United States or United States interests. The detainee denied any personal knowledge or planning of internal uprisings at the Guantanamo Bay detention facility.
b.

The detainee stated that his intentions were to return to Saudi Arabia after his training because he only wanted the training to fulfill his religious obligation to be prepared for jihad. The detainee stated that he did not give bayat or any other oaths while at al Farouq.
c.

The detainee denied aiding al Qaida during a 12 May 2004 interviewe. The detainee also denied going to Afghanistan because of a fatwa. The detainee denied any participation in combat against the United States Forces. The detainee denied ever meeting with any members of al Qaida while in Saudi Arabia.
d.

The detainee stated during a 25 October 2004 interview, that he would have applied for a regular job had he not been arrested.

[edit] Hearing date

This Board convened on 1 February 2006 and 5 April 2006.[11] The unredacted portions of the decision memos don't explain why this Board convened twice.

[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.[11][12] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 14 August 2006.

His Board concluded he continues to be a threat.[12]

Two of the unredacted passages in the memos stated:

  • "The EC has been a known affiliate of organizations that espouse terrorist and violent acts against the United States and its allies."
  • "The EC is known to have affiliations with individuals who plan, or are member of organizations that plan, to carry out acts of terrorism or violence against the United States and its allies."

[edit] Repatriation

According to The Saudi Repatriates Report captive 192 was one of sixteen men repatriated on December 14, 2006.[13]

[edit] References

  1. ^ a b list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ OARDEC (Auguest 8 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ibrahim Sulayman Muhammad al Rubaysh page 2. United States Department of Defense. Retrieved on 2007-10-06.
  3. ^ OARDEC (Auguest 8 2004). Unclassified documents prepared for Ibrahimj Sulayman Muhammad Arbaysh Combatant Status Review Tribunal pages 63-77. United States Department of Defense. Retrieved on 2007-10-06.
  4. ^ OARDEC (January 20, 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Arbaysh, Ibrahim Sulayman Muhammad pages 88-90. United States Department of Defense. Retrieved on 2007-10-06.
  5. ^ OARDEC (8 August 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ibrahim Sulayman Muhammad Al Rubaysh page 2. United States Department of Defense. Retrieved on 2008-04-25.
  6. ^ OARDEC (August 10, 2004). Detainee election form page 74. United States Department of Defense. Retrieved on 2007-10-06.
  7. ^ Ibrahimj Sulayman Muhammad Arbaysh v. George Walker Bush. United States Department of Defense (22 July 2005). Retrieved on 2007-12-09.
  8. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  9. ^ OARDEC (8 December 2004). Unclassified Summary of Evidence for Administrative Review Board in the case of Arbaysh, Ibrahimj Sulayman Muhammad pages 58-59. United States Department of Defense. Retrieved on 2007-12-05.
  10. ^ OARDEC (20 January 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Arbaysh, Ibrahim Sulayman Muhammad pages 88-90. United States Department of Defense. Retrieved on 2008-04-25.
  11. ^ a b OARDEC (3 May 2006). Administrative Review Board assessment and recommendation ICO ISN 192. United States Department of Defense. Retrieved on 2008-04-25.
  12. ^ a b OARDEC (5 April 2006). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 192 pages 62-68. United States Department of Defense. Retrieved on 2008-04-25.
  13. ^ Anant Raut, Jill M. Friedman (March 19, 2007). The Saudi Repatriates Report. Retrieved on April 21, 2007.