Maji Afas Radhi Al Shimri

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Maji Afas Radhi Al Shimri

Born:	May 1, 1974 (1974-05-01) Kharj, Saudi Arabia
Detained at:	Guantanamo
ID number:	181
Conviction(s):	no charge, held in extrajudicial detention
Status	repatriated

Maji Afas Radhi Al Shimri is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 181. Joint Task Force Guantanamo counter-terrorism analysts report he was born on May 1, 1974, in Kharj, Saudi Arabia.

1 Combatant Status Review Tribunal
2 Maji Afas Radhi Al Shimri v. George Walker Bush
3 No annual review
4 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.^[2]^[3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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 Maji Afas Radhi Al Shimri's Combatant Status Review Tribunal, on 19 October 2004.^[5] The memo listed the following allegations against him:

a. The detainee is associated with the Taliban and al Qaida:

The detainee traveled from Saudi Arabia to Afghanistan via Jordan and Iran circa 2000.
The detainee received training at the al Farouq camp in light arms; topography; urban warfare; grenades; flares, and land mines.
The detainee received training at the Derunta Camp on the PK machine gun; AK-47; Mowuse; RPG 2; RPG 7; a shrapnel type grenade launcher, and the DOSHKA anti-aircraft gun.

b. The detainee participated in military operations against the United States and its coalition partners:

The detainee carried an AK-47 on the battlefield.
The detainee served on the front lines in the vicinity of Shakardara.
The detainee participated in the battle of Tora Bora.
The detainee retreated to Pakistan where he surrendered to Pakistani authorities.

[edit] Transcript

There is no record that Maji Afas Radhi Al Shimri participated in his Combatant Status Review Tribunal.

[edit] Unclassified summary of basis for Tribunal decision

The Unclassified summary of basis for Tribunal decision, released as a consequence of Maji Afas Radhi Al Shimri v. George Walker Bush, contained a report that Maji Afas Radhi Al Shimri acknowledged that he matched the definition of "enemy combatant"^[6] Unclassified summary of basis for Tribunal decision 106-108

The most significant piece of unclassified evidence the Tribunal had to consider was exhibit D-a presented by the Personal Representative (PR). The PR read the definition of an Enemy COmbatant in Reference (b) to the detainee. The detainee told the (PR) he was an Enemy Combatant based on the definition. The detainee also said he hed no relationship with al Qaida.

[edit] Detainee election form

His Personal Representative's Detainee election form reports that he Personal Representative met with him for forty minute on November 3, 2004. The box for "Affirmatively Declines to Participate in Tribunal" was checked.

The Personal Representative recorded:

Detaine #### was briefed on the CSRT process and he affirmatively elected to not participate in his Tribunal. The detainee was respectful and courteous but he was distrustful of the CSRT process. When I explained the definition of Enemy Combatant to #### he admitted to me that under that definition, he was an Enemy Combatant and if he went to the Tribunal he would tell them so. However, he wanted to make clear that he had not relationship with Al Qaida. He said that he went to the ########## camp (in the year 2000) but did not know that it was associated with Al Qaida and that after Sep '01 he did not go to any camps. He stated that he did not carry an AK47 on the battlefield and that he did not fight in Tora Bora although he was there and that he did not have any weapons when he surrendered to the Pakistani authorities. He stated that he had no animosity toward Americans and that he had fought alongside the Allies during the Persian Gulf War when he was in the Saudi army fighting for Kuwaiti freedom. After the war, he joined the Kuwaiti army and stayed there for eight years. He went to Afghanistan because it was cheaper to live there than Kuwait.

[edit] Maji Afas Radhi Al Shimri v. George Walker Bush

A writ of habeas corpus was submitted on Maji Afas Radhi Al Shimri's behalf.^[7] In response, on 12 May 2005 the Department of Defense released 15 pages of unclassified documents related to is Combatant Status Review Tribunal.

[edit] No annual review

There is no record that Maji Afas Radhi Al Shimri had an Administrative Review Boards convened. After the CSR Tribunal confirmed their "enemy combatant" status, in 2004, captives were to have annual reviews to make a recommendation as to whether the captive should continue to be held.