Mohamed Ben Moujane

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Mohamed Ben Moujane
Born: February 14, 1981(1981-02-14)
Casablanca, Morocco
Detained at: Guantanamo
Alias(s): Muhammad Ben Moujan
ID number: 160
Alleged to be a member of: Moroccan Islamic Combatant Group
Conviction(s): no charge, held in extrajudicial detention
Status repatriated,
ten year sentence in Morocco

Mohamed Ben Moujane (also transliterated as Muhammad Ben Moujan) is a citizen of Morocco, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo detainee ID number is 160. Joint Task Force Guantanamo counter-terrorism analysts reports that Ben Moujan was born on February 14, 1981, in Casablanca, Morocco.

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 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 Muhammad Ben Moujan's Combatant Status Review Tribunal, on 8 August 2004.[2] The memo listed the following allegations against him:

a. The detainee is an al-Qaida fighter:
  1. The detainee affiliated himself with Muslim fighters in Afghanistan.
  2. The detainee participated in weapons training in the mountains north of Qandahar [sic] , AF where he learned how to operated and clean an AK-47.
  3. The detainee admitted he tried to join with other Arab fighters prior to the commencement of the Coalition air raids.
b. The detainee participated in military operations against the coalition.
  1. While in Afghanistan, the detainee engaged in Jihad in the Tora Bora region.
  2. The detainee was captured while attempting to escape to Pakistan with other Arab fighters.

[edit] Participation

Ben Moujan did not chose to participate in his Combatant Status Review Tribunal.[3]

[edit] Transcript

The transcript from Ben Moujan's Tribunal said simply:

The detainee did not make an unsworn statement on his behalf.

The detainee refused to answer any questions when asked.

[edit] Classified Summary

Wikisource has original text related to this article:

The Department of Defense released two versions of the portable document format file that contained Ben Moujane's transcript. The original version concluded with a "Classified Summary" The replacement version contained the brief transcript.

The Classified Summary contained three paragraphs:

  1. The first paragraph quotes some assertions from exhibit R-15, a Joint Task Force Guantanamo (JTF-GTMO) memo.
    • After arriving in Afghanistan the JTF-GTMO memo asserts Ben Moujane left his family to engage in the jihad.
    • Ben Moujane served under Abu Khalid.
    • Ben Moujane and his comrades "...traveled to the mountains and took up fighting positions."
    • Ben Moujane trained at the al Farouq training camp.
    • The Tribunal called the JTF-GTMO memo "persuasive".
    • The Tribunal said that an account of Ben Moujane's travels in the memo lent support to the "unclassified evidence".
  2. The second paragraph described exhibit R-12, a second memo, which the Tribunal totally discounted, because the memo did not appear to describe Ben Moujane, but rather a different individual, with a different name.
  3. The third paragraph merely said the Tribunal also relied on "certain unclassified evidence", described in a different enclosure.

Ben Moujane's Classified Summary is the only one the Department of Defense released. It stated that his "enemy combatant" status was considered by Tribunal panel 1.

[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".[4]

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.[5] 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 Ben Moujan Muhammead's first annual Administrative Review Board, on 27 January 2005.[6] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. While in Afghanistan, the detainee engaged in Jihad in the Tora Bora region.
b. Training
  1. The detainee participated in weapons training in the mountains north of Qandahar [sic] , AF, where he learned how to operate and clean an AK-47.
  2. The detainee attended training at a terrorist training camp.
c. Connections/Associations
  1. The detainee affiliated himself with Muslim fighters in Afghanistan.
  2. The detainee admitted he tried to join with other Arab fighters prior to the commencement of the Coalition air raids
  3. The detainee was captured while attempting to escape to Pakistan with other Arab fighters.

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

a. Exculpatory
  1. The detainee did not know of the concept of jihad when he left for Afghanistan.
  2. The first time the detainee heard of al Qaida was when he was later imprisoned in Pakistan.
  3. The detainee has never engaged in combat.
  4. The detainee stated his training at the mountain camp was for self-protection.

[edit] Transcript

Ben Moujan chose to participate in his Administrative Review Board hearing.[7] On March 3, 2006 the Department of Defense published a seven page Summarized transcript.

[edit] Testimony

Ben Moujan denied the allegation that he engaged in Jihad in the Tora Bora region. He asserted that the allegation "were brought about by Moroccan interrogators."

Ben Moujan explained his presence in Tora Bora, "I was actually fleeing from death and riots in Kandahar. I was fleeing to escape Afghanistan to Pakistan in an effort to return to my own country."

Ben Moujan acknowledged receiving training on how to clean and use an AK-47. He received this training "immediately prior to leaving Afghanistan for Pakistan and not when I was in the mountains north of Kandahar." He said that he received the rifle, and the training, from an Arab he was traveling with, for self-defense.

Ben Moujan denied the allegation that he attended a terrorist training camp.

Ben Moujan denied the allegation that he affiliated himself with Muslim fighters in Afghanistan:

"This is not true. During my attempt to flee Afghanistan into Pakistan, Afghans who were looking to kill Arabs blocked the road that I was traveling on and so I had to take another route through the mountains. I coincidentally found myself with other Arabs who were also fleeing Kandahar to Pakistan and they provided me with food and water. I had no other means of surviving without them. I was not aware that these people might have been Muslim fighters. They were not carrying any weapons and I did not know any of them personally.

Ben Moujan denied the allegation that he had admitted that he tried to join with other Arab fighters prior to the commencent of the Coalition air raids.

In response to the allegation that he "was captured while attempting to escape to Pakistan with other Arab fighters," Ben Moujan repeated that while he was traveling with other Arabs he had no reason to believe they were fighters. Further, he said that after traveling on foot for seven to eight days, he became tired, and fell behind, and was alone when he was captured.

Ben Moujan denied the allegation that he was trained in a mountain camp. He repeated that he had never attended any kind of training camp.

Ben Moujan said that if he were released he "would like to return to Morocco, to live with his parents, and look for an industrial type of job."

In answer to questioning from the Board's officers:

  • Ben Moujan answered that he had a passport when he traveled from Morocco to Afghanistan, but he had left it behind with his brother-in-law in Kandahar.
  • Ben Moujan answered he had traveled to Afghanistan to visit his sister.
  • Ben Moujan answered the route he took from Morocco to Pakistan was to first fly to Syria, and from Syria he traveled by bus.
  • Ben Moujan answered that he encountered the Moroccan interrogators who made the false allegations in Guantanamo. When a group of Moroccan detainees were sent to Guantanamo they were followed by a team of interrogators from Morocco.

One of the last questions the Presiding Officer asked prompted this exchange:

Q: ...Okay, I think I understand. You are laughing a lot and you look kind of amused, why is that?
A: What do you want me to do? Do you want me to cry?

The last exchange between the Presiding Officer and Ben Moujan was:

Q: Muhammad, do you want to be released?
A: I really don't know. Why am I captured here in the first place and want to release me? [sic] Why did you capture me?
Q: I didn't and I'm asking the questions.
A: I answered you. What was your motivation for me? [sic] You captured me and put me here so you can release me? [sic]
Q: Will Morocco take you back? Will your country take you back do you think?
A: First of all, I don't know what is going on in Morocco right now. We don't have TV, we don't have radio, and I don't watch the media so I don't know if they would take me or not.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Muhammad Ben Moujan's second annual Administrative Review Board, on 8 February 2006.[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. A source indicated the detainee went to Afghanistan to train for jihad.
  2. The detainee admitted he was a foot soldier in the mountains in an unknown location near Jalalabad. He spent about three weeks with Libyan and Yemeni Taliban [sic] soldiers.
  3. The detainee said he went to al Farouq of his own volition.
b. Training
  1. The detainee admitted he trained with the Kalishnikov [sic] .
  2. At al Farouq the detainee trained on small arms and tactical missions for about one month [sic] before the training was suspended and the trainees were instructed to go home.
c. Connections/Associations
  1. The detainee attended the weddings of his sisters to two of his brothers-in-law. The marriages were at the request of another brother-in-law of the detainee.
  2. These two brothers-in-law were al Qaida martyrdom operatives, and the Moroccan Islamic Combatant Group arranged the marriages.
  3. One of the detainee's brothers-in-law was captured by Moroccan authorities along with six others who were plotting to use explosive-packed boats to attack American and British ships in the Strait of Gibraltar. Before being captured, this brother-in-law was in the Tora Bora region of Afghanistan until te United States bombing began.
  4. Two of the detainee's brothers-in-law are suspected al Qaida members.
  5. A third brother-in-law of the detainee went to the al Farouq training camp.
  6. One of the detainee's brothers-in-law had arranged for the detainee to attend al Farouq.
d. Other Relevant Data
  1. On 20 July 2002 the internet site Alneda contained information regarding the capture of Taliban and al Qaida fighters. The detainee's name was found on this internet site.
  2. The detainee verified his phone number was correct on the Alneda website.

[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 and also denied knowledge of any rumors or plans of future attacks on the United States or its interests.
b.

The detainee stated that if released he would consider settling down in the United States and seeking a job as a truck driver.
c.

The detainee said he never heard of the website Alneda.
d.

The detainee advised he had nowhere else to go and associated with Arab fighters in Afghanistan to stay alive.
e.

The detainee claimed he had nothing to do while in Afghanistan and had no money to return home to Morocco. The detainee claimed he wanted to go back home but was unable to.
f.

The detainee stated he was not opposing Northern Alliance Forces but was just trying to leave Afghanistan for safety reasons due to the bombing.
g.

The detainee claimed he was never a member of the Moroccan Islamic Combatant Group or any other group.

[edit] Transcript

There is no record that Mohamed Ben Moujan partipated in this hearing.

His Board convened twice, on 17 February 2006 and 5 April 2006.[9] The Department of Defense did not explain why two sessions were required.

[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.[9][10] The Board's recommendation was unanimous The Board's recommendation was redacted. The Board concluded that he continued to represent a threat to the United States. England authorized his transfer on June 19, 2006.

[edit] Repatriation and Moroccan sentencing

The Hindustan Times reports that Ben Moujane was repatriated in October 2006.[11] The report stated that Ben Moujane was "...charged with "membership of a criminal group with the aim of preparing to commit terrorist acts" and "failing to denounce crimes against state security". It also reported that the Moroccan court described Ben Moujane as one of Osama bin Laden's bodyguards. The court sentenced him to an additional ten years of imprisonment. The most severe sentence handed out to former Guantanamo captives, by Moroccan courts so far.

[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 (8 August 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ben Moujan, Muhammad page 62. United States Department of Defense. Retrieved on 2007-12-05.
  3. ^ OARDEC (date redacted). Summarized Unsworn Statement on Behalf of Detainee pages 90. United States Department of Defense. Retrieved on 2008-02-28.
  4. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  5. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  6. ^ OARDEC (January 27, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Ben Moujan, Muhammad pages 33-34. United States Department of Defense. Retrieved on 2007-12-25.
  7. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN 160 pages 100-106. United States Department of Defense. Retrieved on 2008-02-28.
  8. ^ OARDEC (8 February 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Ben Moujan, Muhammad pages 38-40. United States Department of Defense. Retrieved on 2007-12-05.
  9. ^ a b OARDEC (19 June 2006). Administrative Review Board assessment and recommendation ICO ISN 160 page 28. United States Department of Defense. Retrieved on 2007-12-05.
  10. ^ OARDEC (5 April 2006). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 160 pages 29-37. United States Department of Defense. Retrieved on 2007-12-05.
  11. ^ "Bin Laden 'bodyguard' jailed in Morocco", Hindustan Times, February 3, 2007. Retrieved on February 4.