Mahmud Salem Horan Mohammed Mutlak Al Ali

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Mahmud Salem Horan Mohammed Mutlak Al Ali
Born: May 5, 1974 (1974-05-05)
Doha, Syria
Detained at: Guantanamo
ID number: 537
Conviction(s): no charge, held in extrajudicial detention

Mahmud Salem Horan Mohammed Mutlak Al Ali is a citizen of Syria, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 537. Joint Task Force Guantanamo counter-terrorism analysts report that Mahmud Salem Horan Mohammed Mutlak Al Ali was born on May 5, 1974, in Doha, Syria.

Contents

[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 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 Tribunal. 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 Mahmud Salem Horan Mohammed Al Ali 5 October 2004 page 62

Combatant Status Review Tribunal, on 5 October 2004.[2][3][4] The memo was published three times. The first two instances contained redactions. The memo listed the following allegations.


a. The detainee is associated with al Qaida and the Taliban:
  1. Detainee had a desire to join the Jihad after viewing the videos depicting the situation in Afghanistan, Bosnia and Chechnya.
  2. Detainee read a Fatwa in late September 2001 and within two weeks he began his journey to Afghanistan.
  3. Detainee planned his travel from his country of residence, Kuwait, to Afghanistan by traveling through Iran and Syria.
  4. Detainee traveled to Afghanistan with the intent to attend training at the al Farouq[5] training camp, but the al Farouq[5] training camp, because of changes necessitated after the events on 11 September 2001.
  5. Detainee entered Afghanistan on 24 October 2001 and stayed at a Taliban center in Ferah.
  6. Detainee was captured in a clinic in Kabul where he was treated for an illness.

[edit] Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush

A writ of habeas corpus, Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush, was submitted on Mahmud Salem Horan Mohammed Mutlak Al Ali's behalf.[6] In response, on 6 May 2005, the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

[edit] Detainee election form

On 21 October 2004 his Personal Representative met with him, from 8:12 am to 8:32 am.[7] His Person Representative recorded on his Detainee election form:

Detainee does not desire to participate in the Tribunal. Tribunal will be In Absentia. Detainee was unresponsive and did not say a word during the entire interview. However, I was able to present the unclassified evidence to him, which he read over two times. I have completed the initial interview silent detainee worksheet. Please cancel the 22 Oct, 0800 followup and 26 Oct 730 Final. The IA Tribunal is currently scheduled for 27 Oct, 1300.

[edit] Decision memo

His "enemy combatant" status was confirmed by Tribunal panel 15, which convened 23 October 2004.[8] The decision memo recorded that the captive did not participate in his Tribunal. It recorded that the Tribunal relied entirely on classified evidence.

The Personal Representative advised the detainee of his rights and gave the detainee a translated copy of the unclassified summary of the evidence. The PR said the detainee read the unclassified summary twice then handed it back to the PR. The detainee made a sarcastic expression indicating to the PR that the detainee understood the unclassified summary. The detainee was unresponsive to PR and that is how the PR determined that the detainee did [sic] want to participate in the Tribunal proceedings as outlined in exhibit D-a. The detainee did not participate in the hearing.

[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] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's first annual Administrative Review Board, on 6 October 2005.[11] The memo listed twenty-two "primary factors favor[ing] continued detention" and nine "primary factors favor[ing] release or transfer".

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's second annual Administrative Review Board, on 19 June 2006.[12] The memo listed six "primary factors favor[ing] continued detention" and six "primary factors favor[ing] release or transfer".

[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. ^ OARDEC (5 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published May 2005) page 12. United States Department of Defense. Retrieved on 2008-05-05.
  3. ^ OARDEC (5 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005) page 221. United States Department of Defense. Retrieved on 2008-05-05.
  4. ^ OARDEC (5 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published September 2007) page 62. United States Department of Defense. Retrieved on 2008-05-05.
  5. ^ a b The name "al Farouq" was redacted in the version published on May 6, 2005.
  6. ^ Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush pages 1-15. United States Department of Defense (6 May 2005). Retrieved on 2008-05-05.
  7. ^ Detainee eletion form. United States Department of Defense (21 October 2004). Retrieved on 2008-05-05.
  8. ^ Unclassified Summary of Basis for Tribunal Decision pages 9-10. United States Department of Defense (23 October 2004). Retrieved on 2008-05-05.
  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 (6 October 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak pages 98-101. United States Department of Defense. Retrieved on 2008-05-05.
  12. ^ OARDEC (19 June 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak pages 25-26. United States Department of Defense. Retrieved on 2008-05-05.