Mohammed Abd Al Al Qadir

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Mohammed Abd Al Al Qadir
Born:	May 12, 1976(1976-05-12) Taot, Algeria
Detained at:	Guantanamo
ID number:	284
Conviction(s):	no charge, held in extrajudicial detention
Status	Cleared for transfer in 2005

Mohammed Abd Al Al Qadir is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 284. Joint Task Force Guantanamo counter-terrorism analysts report he was born in May 12, 1976, Taot, Algeria.

[edit] Background

Mohammed Abd Al Al Qadir testified that he had been living in Europe for most of the decade prior to his capture, where he had supported himself by dealing drugs. He had recently left Germany, for the United Kingdom in 2001. He was arrested by UK authorities. When he was released to await trial he instead used a false passport to travel to Afghanistan. He said his intention was to immigrate, and get married.

He was captured leaving Afghanistan following the American aerial bombardment. During his Combatant Status Review Tribunal and Administrative Review Board he faced serious allegations. Including that he attended the Khalden training camp.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.^[2] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[3]

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 Mohammed Abd Al Al Qadir's Combatant Status Review Tribunal, on 21 September 2004.^[4] The memo listed the following allegations against him:

a. The detainee is a member of al Qaida:

1. Originally from Algeria, the detainee stated that he entered Afghanistan in June 2001 after residing in London, United Kingdom.
2. The detainee route of travel took him through Islamabad and Peshawar, Pakistan and then on to Jalalabad, Afghanistan.
3. The detainee was identifed by a highly placed al Qaida operative as having trained at the Khalden Camp and as having resided at a guesthouse in Jalalabad, Afghanistan.
4. The detainee also admitted that he had been trained at the Khalden Camp.
5. The detainee is a member of Jemaah Islamiah Muqatilah which is closely connected to the Salafist Group for Call and Combat.
6. The Salafist Group for Call and Combat is an Algerian terrorist group operating primarily throughout Europe, Africa and the Middle East, but with known ties to Al Qaida.
7. The detainee fled Jalalabad, Afghanistan during the advance of the Northern Alliance.
8. The detainee entered Pakistan, was arrested by Pakistani authorities and was later transferred to the custody of U.S. forces.

[edit] Transcript

Al Qadir chose to participate in his Combatant Status Review Tribunal.^[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published an eight page summarized transcript from his Combatant Status Review Tribunal.^[6]

[edit] Response to the allegations

• Al Qadir said the allegations were lies. He specifically denied being a member of al Qaida, or having trained in the Khalden training camp.
• Al Qadir confirmed was in London, where he faced criminal charges. He had spent two months in jail in London, and was then released to await trial. Because he was afraid he would be repatriated to Algeria he decided immigrate to Afghanistan.
• Al Qadir confirmed he lived in Jalalabad, but denied staying at a guest house -- he lived alone, in a house he rented.
• Al Qadir denied he ever told anyone he trained at the Khalden Camp.
• Al Qadir denied being a member of the Jemaah Islamiah Muqatilah, the Salafist Group for Call and Combat, or any other group. He added:

If I was part of Al Qaida or that Islamic group, I would have been arrested by Algeria first. And second, I would have been arrested by Germany where I stayed for 3 years in a detention facility. I was 7 years in Germany, why wouldn't Germany arrest me if I was part of al Qaida, why was I able to get a Visa?

• Al Qadir testified he had malaria and was too sick to leave. He testified the house's owner told him he would take him to another house, where other Arabs would help him.
• Al Qadir was separated from other refugees by Pakistani authorities at the border. He was told this was because he was ill. He was then transferred to Amerian authorities who were told he was a combatant -- even
• Al Qadir testified he had supported himself by dealing drugs in Germany. He testified that when he came to the United Kingdom he looked for legitimate work, He couldn't find any because he didn't speak English. He testified he was arrested by the UK authorities after he agreed to return some merchandise to a store.

[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".^[7]

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.^[8] 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] Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohammed Abd Al Al Qadir's Administrative Review Board, on 3 December 2004 .^[9] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. Originally from Algeria, the detainee stated he entered Afghanistan in June 2001 after residing in London, United Kingdom.
2. The detainee's route of travel took him through Islamabad and Peshawar, Pakistan and then on through Jalalabad, Afghanistan.
3. The detainee fled Jalalabad, Afghanistan during the advance of the Northern Alliance.
4. The detainee entered Pakistan, was arrested by Pakistani authorities, and was later transferred to the custody of US forces.
5. The detainee stated that Americans are the real terrorists. The detainee related that the Americans are the ones responsible for the deaths of innocent people throughout the world. The detainee opined that the US is hypocritical because although the US talks about the terrorist actions of Usama Bin Laden, our actions have killed more people than all other terrorist groups combined.

b. Training

1. Detainee served for the Algerian military for 20 months. During this time he was trained on the Kalashnikov (AK-47) and served as a mechanic.
2. The detainee was identified by a highly placed al Qaida operative as having trained at the Khalden training camp and as having resided at a guesthouse in Jalalabad, Afghanistan.
3. The detainee also admitted having trained at the Khalden training camp.
4. Khalden Camp's basic military training program was an accelerated version of that given at al Faruq. The six month program included training light weapons, heavy weapons, explosives, topography and tactical courses.

c. Connections/Associations

1. The detainee is a member of the Jemaah Islamiah Muqatilah which is closely connected to the Salafist Group for Call and Combat.
2. The Salafist Group for Call and Combat is an Algerian terrorist group operating primarily throughout Europe, Africa and the Middle East, but with known ties to al Qaida.
3. While in England, the detainee attended the following mosques: Layton Mosque, Finsbury Park Mosque, Dar al Riaya Mosque, Brixton Mosque/Islamic Center, and White Chapel.
4. The Finsbury Park Mosque has previously been associated with an Islamic Fundamentalists gathering in which a number of senior Muslim leaders have given presentations praising Usama ((Bin Laden)) and justifying the 11 September 2001 attacks on the United States.

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

a.	The detainee made a sworn verbal statement as assisted by his personal representative. In his verbal statement, the detainee denied telling investigators that he was a member of al Qaida or training in the Khalden training camp.
b.	The detainee stated that he left London to immigrate to Afghanistan to find a wife, make money, and get stable somewhere.
c.	When asked what type of employment he would seek if released, the detainee stated he is not sure, but opined that he may attempt to find work as a mechanic.

[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.^[10][11] The Board's recommendation was unanimous. The Board's recommendation was redacted. England authorized his transfer on 6 May 2005.

[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. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
3. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
4. ^ OARDEC (21 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Qadir, Mohammed Abd Al pages 27-28. United States Department of Defense. Retrieved on 2008-04-25.
5. ^ OARDEC (date redacted). Summarized Unsworn Detainee Statement pages 63-70. United States Department of Defense. Retrieved on 2008-04-25.
6. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
7. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
8. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
9. ^ OARDEC (7 March 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Qadir, Mohammed Abd Al pages 18-20. United States Department of Defense. Retrieved on 2008-04-25.
10. ^ OARDEC (3 May 2005). Administrative Review Board assessment and recommendation ICO ISN 284 page 6. United States Department of Defense. Retrieved on 2008-04-25.
11. ^ OARDEC (22 March 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 284 pages 7-11. United States Department of Defense. Retrieved on 2008-04-25.