Majid Mahmud Abdu Ahmad

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Majid Mahmud Abdu Ahmad
Born: June 15, 1980(1980-06-15)
Burayqah, Yemen
Detained at: Guantanamo
ID number: 041
Conviction(s): no charge, held in extrajudicial detention

Majid Mahmud Abdu Ahmad is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camp, in Cuba.[1] His Guantanamo Internee Security Number is 41. The Department of Defense reports that he was born on June 15, 1980, in Burayqah, Yemen.

Contents

[edit] Identity

Captive 41 was named inconsistently on official documents released by the Department of Defense.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive.
Combatant Status Review Tribunal notice read to a Guantanamo captive.

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 Majid Mahmud Abdu Ahmad's Combatant Status Review Tribunal, on 21 September 2004.[2] The memo listed the following allegations against him:

a The detainee is a member of the Taliban.
  1. The detainee was an Usama Bin Laden [sic] bodyguard.
  2. The detainee stayed at a Kandahar guesthouse in Afghanistan.
  3. The detainee admits traveling to Afghanistan to fight for the Taliban.
b The detainee participated in military operations against the coalition.
  1. The detainee served on the front lines in Afghanistan before retreating after September 11, 2001
  2. The detainee was armed with an AK-47, three magazines and two anti-personnel grenades.
  3. The detainee trained at the front lines on the proper technique to throw grenades.

[edit] Transcript

There is no record that captive 41 participated in his Combatant Status Review Tribunal.

[edit] Habeas corpus petition

He has had a habeas corpus petition released on his behalf.[5]: An dossier of unclassfied documents from his Tribunal was released in 2005.

[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".[6]

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 Majid Abdu Ahmed's first annual Administrative Review Board, on 3 November 2005.[3] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee learned of th Afghan jihad. In his second year at the Farqan Institute he decided to fight for the Taliban.
  2. The detainee heard about jihad at the Mosque he attended and fell in love with the idea of dying for the sake of God.
  3. The detainee telephoned Sheik al-Wadi and received a fatwa to go to Afghanistan for jihad.
  4. The detainee fought for the Taliban for two years.
b. Connections/Associations
  1. Upon his arrival in Quetta, Pakistan, the detainee stayed in a Taliban safehouse.
  2. Upon his arrival in Kabul, Afghanistan, the detainee stayed in a Taliban safehouse.
  3. Another detainee states that the detainee became a bodyguard for Usama Bin Laden around August 2001.
  4. The detainee stayed in a Taliban safehouse named "Otagh" in Kabul as he retreated from the front lines.
  5. The detainee was with Usama Bin Laden in Tora Bora after the fall of Jalalabad.
  6. The detainee arrived in Kabul, Afghanistan and spent time at the Hamza al Qa'eeti guesthouse.
  7. The detainee was observed in Kandahar and Kabul with other Usama Bin Laden bodyguards.
  8. The detainee was seen in the Madafa, in October.
c. Intent
  1. The detainee wanted to go directly to the Taliban front lines and be killed.
  2. The detainee was excited about the fighting and wanted to engage the enemy but was not allowed to leave his unit. The detainee was willing to die and wanted to fight.
d. Detainee Actions and Statements
  1. The detainee said the September 11, 2001 attacks in the United States were a direct result of unfair United States policies in place worldwide. The detainees then compared the killing of the innocent civilians in the World Trade Center to the non-combatants killed in Afghanistan and Iraq.
  2. The detainee called the interviewing agents, "Infidels", and made statements advocating death to Infidels.
  3. When asked where he would go if released, the detainee replied that he would go anywhere he wanted and it was none of our business.
  4. The detainee stated that all Americans are infidels and they will go to hell. He advised that Americans do not believe in God or the prophet Mohammed. When asked his opinion of Muslim Americans, the detainee responded that Muslim Americans were not true Muslims and would go to hell as well. In addition, Jews and Christians are infidels regardless whether or not they are "People of the Book".
  5. The detainee stated that Usama Bin Laden is a sheik and commander of all Muslims. He is a good Muslim and fights against the unbelievers.
  6. When asked about how he was captured, the detainee stated he was captured because America is a strong nation and controls the world. He said that God will torture the Americans because they are corrupt.
  7. The detainee stated that the attacks on September 11, 2001 were very small in scaled and he wishes for greater destruction nad torture to fall upon Americans. He also reported that he hates Americans because they are all infidels and corrupts.
  8. The detainee stated that Americans killed innocent Muslims in Afghanistan.

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

a.

The detainee denied any association or affiliation with the Taliban or al Qaida. The detainee denied ever having stayed at the Madafa house in Kabul.
b.

The detainee denied being a bodyguard for Usama Bin Laden and claimed to have never seen Usama Bin Laden.
c.

The detainee denied ever being trained to fight.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Majid M Abdu Ahmed's second annual Administrative Review Board, on 26 September 2006.[4] The memo listed factors for and against his continued detention.

[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. ^ a b OARDEC (21 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ahmad, Majid Mahmud Abdu pages 47. United States Department of Defense. Retrieved on 2007-11-28.
  3. ^ a b OARDEC (3 November 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Abdu Ahmed, Majid pages 51-33. United States Department of Defense. Retrieved on 2007-11-23.
  4. ^ a b OARDEC (26 September 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Abdu Ahmed, Majid M pages 71-73. United States Department of Defense. Retrieved on 2007-11-23.
  5. ^ Unclassified dossier from Majid Mahmud Abdu Ahmad's Combatant Status Review Tribunal
  6. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.