Ismael Ali Faraj Ali Bakush

From Wikipedia, the free encyclopedia

Ismael Ali Faraj Ali Bakush
Born: July 1, 1968(1968-07-01)
Al-Khumas, Libya
Detained at: Guantanamo
ID number: 708
Conviction(s): no charge, held in extrajudicial detention

Ismael Ali Faraj Ali Bakush is a citizen of Libya is held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 708. Joint Task Force Guantanamo counter-terrorism analysts report he was born on July 1, 1968, in Al-Khumas, Libya.

Contents

[edit] Identity

Captive 708 was identified inconsistently on official Department of Defense documents:

[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 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 Ismael Ali Faraj Ali Bakush's Combatant Status Review Tribunal, on 18 September 2004.[6] The memo listed the following allegations against him:

a. The detainee is associated with forces that are engaged in hostilities against the United States or its coaltion partners:
  1. During the period 1991 thru [sic] 1997 the detainee traveled throughout the Middle East.
  2. His destinations include Afghanistan in 1991, Sudan in 1994-1997, and Afghanistan again in 1997.
  3. The detainee is a member of the Islamic Fighting Group (IFG).
  4. The detainee's cell in this organization has actively supported the Taliban since 1999.
b. The detainee participated in military operations against the coalition.
  1. The detainee carried arms and ammunition on the battlefield.
  2. The detainee engaged in military operations against coalition forces on and after 11 September 2001.
  3. The detainee was captured by Pakistani authorities in a safehouse in Lahore after the collapse of the Taliban.

[edit] Transcript

There is no record that participated in 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".[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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Ismael Ali Faraj Ali Bakush's first annual Administrative Review Board, on 27 July 2005.[7] The memo listed factors for and against his continued detention. Ismael Ali Faraj Ali Bakush

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee traveled to Afghanistan to join the mujahidin and to fight against the Russians [sic] .
b. Training
  1. In 1991, the detainee received training in light weapons at a camp in Afghanistan called Kun Saiaf near the town of Kowt Towr Khan, Afghanistan.
  2. In 1993, the detainee received security training under the supervision of Pakistani intelligence in the Villager of Sher/Kan, City of Dis Trist, Balusistan State [sic] in Pakistan.
  3. The detaine was identified as an expert in explosives.
  4. In 2001, the detainee provided training in the use of electronics and remote detonation of a military committee.
c. Connections/Associations
  1. In 1993, the detainee joined the Libyan Islamic Fighting Group (LIFG) and was part of a military committee.
  2. The Libyan Islamic Fighting Group (LIFG) emerged in 1995 among Libyans who had fought against Soviet forces in Afghanistan. They declared the government of Libyan leader Muammar Qadhafi un-Islamic and pledged to overthrow it. Some members maintain a strictly anti-Qadhafi focus and organize against Libyan Government interests, but other are aligned with Usama Bin Ladin's al Qaida organization or are active in the international mujahidin network. The group was designated for asset freeze under Executive Order 13224 and United Nation Security Council Resolution 1333 in September 2001.
  3. In 1997, the detainee joined the Taliban.
  4. In 1999, the detainee moved to Kabul and stayed in the town of Wazeer Akbar Khan.
  5. The Wazir Akbar Khan neighborhood was the center of al Qaida activity in Kabul.
Other Relevant Data
  1. In Kabul, the detainee decided to fight with the Taliban and would fight sporadically whenever there was a fight between the Taliban and the Northern Alliance.
  2. The detainee used the aliases Abu Ali and Haj Munier.
  3. The name Al-Hajj Munir al-Libi was found on [sic] list of captured mujahidin on a hard drive associated with Khalid Shayk Muhammad.

[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 September 11th and alos denied knowledge of any rumors or plans of future attacks on the United States or United States interests.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Ismael Ali Faraj Ali Bakush's second annual Administrative Review Board, on 1 May 2006.[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee stated in 1991, while in Saudi Arabia, he decided to travel to Afghanistan to help support the Mujahedin.
  2. The detainee, during the first half of 1993, joined the Libyan Islamic Fighting Group.
  3. The detainee stated that he went to Afghansitan to help the Taliban fight the Northern Alliance.
  4. The detainee is committed to the overthrow of Mummar Khadaffi's [sic] government.
b. Training
  1. In Afghanistan the detainee attended the Kun Saiaf camp. He trained on light weapons.
  2. The detainee received training at the al Ghanad camp in Jalalabad, Afghanistan.
  3. The detainee specialized in electronics, energy, and conductive circuits, and was considered an expert with explosives.
  4. During 1993 the detainee received security training under the supervision of Pakistani Intelligence in the village of Sher/Khan in Bulusistan, Pakistan.
c. Connections/Associations
  1. The detainee was a member of the military committee of the Libyan Islamic Fighting Group.
  2. At the end of 1994 the detainee left Afghanistan and traveled to Pakistan where he stayed for ten days while in [sic] route to Sudan.
  3. The detainee traveled to Sudan in an attempt to enter Libya through the desert.
  4. In 1997 the detainee was arrested by the Sudanese government and told to leave the country. The detainee flew to Damascus, Syria where he was subsequently arrested for being a spy for Israel.
  5. He was released by the Syrian government and traveled to Zarka, Jordan where he stayed for three to four months with members of the Libyan Islamic Fighting Group.
  6. The detainee then traveled from Jordan through Pakistan to Jalalabad, Afghanistan.
  7. While in Afghanistan the detainee stayed in a safe house owned by the Libyan Islamic Fighting Group.
  8. In 1999 the detainee and four other Libyan Islamic Fighting Group members moved to Kabul and stayed in the town of Wazeer Akbar Khan. This is a neighborhood for Arabs in Kabul.
d. Other Relevant Data
  1. The detainee and his group would fight sporadically whenever there was a fight between the Taliban and the Northern Alliance.
  2. In Saudi Arabia he was arrested for assaulting a woman and did not return to Libya during that time.
  3. The detainee fought against the Najeeb Allah government until it collapsed. He then return to Torkhum where he remained until 1994.
  4. The detainee's name was found on a hard drive that was associated with al Qaida.

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

a.

The detainee stated that the reason he decided to help fight with the Taliban was because he lived in Afghanist both prior to Taliban control and after Taliban control. Prior to Taliban control there were robberies, thefts, and fights between groups. After the Taliban took over the area became safe.
b.

While in Afghanistan the detainee had never met bin Laden.
c.

Prior to the events of 11 September 2001 the detainee said he had no feelings towards the United States and considered the United States like any other country. His main concern is Libya and the overthrow of Khadaffi.
d.

The detainee claimed that at no time did he conduct any operations against the American Forces.
e.

He stated that he differentiated between the Taliban and al Qaida. He considers the Taliban a state, while he sees al Qaida as an organization, like his own.
f.

The detainee stated only God knows why his name is on the hard drive.
g.

He relates that he does not blame anyone for his current situation and it is a result of his own personal struggle. He further related that he never swore allegiance to any extremist groups.
h.

The detainee advised that he would like to be released to a non-Arabic country. He has a problem with how the Libyan government treats Muslims and believes the government of Libya would not treat him well if he returned.
i.

He stated that he would like to find a wife and start a family. He would work in any job that would allow him to support his family.

[edit] References

  1. ^ a b 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. ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
  3. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  4. ^ 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.
  5. ^ 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.
  6. ^ a b OARDEC (18 September 2004). Summary of Evidence for Combatant Status Review Tribunal - Ali Bakush, Ismael Ali Faraj page 75. United States Department of Defense. Retrieved on 2008-02-08.
  7. ^ a b OARDEC (27 July 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Ali Bakush, Ismael Ali Faraj pages 31-32. United States Department of Defense. Retrieved on 2008-03-08.
  8. ^ a b OARDEC (1 May 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Ali Bakush, Ismael Ali Faraj pages 72-74. United States Department of Defense. Retrieved on 2008-03-08.
  9. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.