Mohammed Ayub

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Mohammed Ayub
Born:	April 15, 1984 (1984-04-15) Toqquztash, China
Detained at:	Guantanamo
Alias(s):	Ayoob Haji Mohammed
ID number:	279
Conviction(s):	no charge, held in extrajudicial detention
Status	determined not to bave been an enemy combatant after all

Haji Mohammed Ayub (born April 15, 1984) is a citizen of China, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Hiss Guantanamo detainee ID number is 279. The Department of Defense reports he was born on April 15, 1984, in Toqquztash, China.

Main article: Minors detained in the global war on terror

Captive 279 is one of approximately two dozen detainees from the Uyghur ethnic group.^[2]

Captive 279 was one of the five Uyghurs whose Tribunal determined that he was not an enemy combatant, and was transferred to an Albanian refugee camp.

Main article: Uighur detainees in Guantanamo

[edit] Identity

Captive 279 was identified inconsistently on official Department of Defense documents:

• Captive 279 was identified as Ayoob Haji Mohammed in the "Information paper: Uighur Detainee Population at JTF-GTMO" dated 30 October 2004.^[3]
• Captive 279 was identified as Haji Mohammed Ayub on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 2 November 2004.^[4]

Wikisource has original text related to this article:

Information paper: Uighur Detainee Population at JTF-GTMO

He is one of approximately two dozen Uyghur detainees accused of membership in the Eastern Turkistan Islamic Movement.^[2]

Documents released in response to the writ of habeas corpus Hassan Anvar v. George W. Bush contained a December 30 2004 memo which provided one-paragraph biographies of 22 Uyghur captives, and asserted they were all caught at an "ETIM training camp".^[3]

The brief biography of Mohammed Ayub stated:

Ayoob Haji Mohammed is a 20-year-old Chinese citizen. who is an ethnic Uighur from Toqquztash China. He was last interviewed in early 2004. Mohammed has had numerous disciplinary actions. His history indicates he was disciplined on 27 May 2003 for spitting and throwing water and urine on guards, on 18 November 2003 for throwing water and prayer oil on guards, on 5 December 2003 for spitting in a guard's face, on 12 January 04 for throwing feces in a guard's face, on 23 August 2004 for threatening a guard and spitting in the guard's face, on 27 September for throwing a bar of soap at a guard, and on 16 October 04 for threatening to kill a guard. Mohammed is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.

[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.^[5] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[6]

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 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 Ayub's Combatant Status Review Tribunal, on 2 November 2004.^[4] The memo listed the following allegations against him:

The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners.

1. The detainee traveled from China to Afghanistan in the summer of 2001.
2. The detainee went to Afghanistan to receive weapons training.
3. The detainee stayed at a Uighur training camp in the Tora Bora Mountains in Afghanistan.
4. The training camp was destroyed by coalition air strikes in October 2001.
5. The detainee was in Afghanistan during the U.S. bombing campaign.
6. The detainee was traveling with a group of armed ^[sic] Arabs from Afghanistan to Pakistan.
7. The detainee was captured in a mosque in Pakistan by Pakistani authorities.

[edit] Transcript

Captive 279 chose to participate in his Combatant Status Review Tribunal.^[7] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcripts from his Combatant Status Review Tribunal.^[8]

[edit] Witness

Ayub had previously received permission to have a witness, Hamid Mohammed Hamid. But during the course of his questioning he changed his mind.

[edit] Testimony

• Ayub denied traveling to Afghanistan for weapons training.
• Ayub said he traveled in the fall, not the summer.
• Ayub denied staying at the training camp. He said when he got there it was being destroyed by the American bombing.
• Ayub denied traveling with a group of armed Arabs. He traveled with fellow Uyghurs.
• Ayub said he didn’t know who arrested him, whether it were Pakistani authorities, of the local tribal people.
• Ayub denied carrying any weapons in Afghanistan.
• Ayub denied ever being a member of a political group or party.

[edit] Determined not to have been an Enemy Combatant

The Washington Post reports that Ayub was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.^[9][10][10] They report that Ayub has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.

[edit] Asylum in Albania

A lawsuit demanding release from Guantanamo was scheduled by the attorneys for five of the Uyghur captives who had been determined to have not been enemy combatants, including Mohammed Ayub, to take place in the US District Court on May 8, 2006.^[11] However, three days before the trial it was announced that Albania had offered to accept patriation of all five prisoners.^[12][13] The same day, the Department of Justice filed an "Emergency Motion to Dismiss as Moot", asking that the trial be cancelled.^[14][15] Attorney Barbara Olshansky characterized the sudden transfer as an attempt to "avoid having to answer in court for keeping innocent men in jail"^[16]"

[edit] The Egyptian called Mohammad Ayub

The Pakistani newspaper Dawn reported that a one-armed Egyptian, suspected of being an Al Qaeda operative, who was called, variously, "Sulieman", "Qari Mohammad Ayub", "Mohammad Ayub", and "Mujahid Mohammad Ayub", escaped from a shootour during a raid in Peshawar on August 15, 2003.^[17]

[edit] References

v • d • e Captives held at Guantanamo Bay before being exonerated and found to not be "enemy combatants" Afghanistan Abdul Rahman, Mohammad Gul, Gul Zaman, Abdul Rahim Muslimdost, Qalandar Shah, Shahwali Zair Mohammed Shaheen Naqeebyllah, Rasool Shahwali Zair Mohammed Mohammed, Abdul Qudus, Shahzada, Hammdidullah, Mohammad Nasim, Kako Kandahari, Feda Ahmed, Nasibullah, Habib Noor, Jalil, Hukumra Khan Algeria Ahmed Adil, Akhdar Qasem Basit, Mohammed Ayub, Abu Bakr Qasim, Adel Abdulhehim, Sadik Ahmad Turkistani Egypt Sami Abdul Aziz Salim Allaithy, Allah Muhammed Saleem France Mustaq Ali Patel Jordan Khalid Mahomoud Abdul Wahab Al Asmr Maldives Ibrahim Fauzee Pakistan Fazaldad, Shed Abdur Rahman Saudi Arabia Saleh Abdall Al Oshan Sudan Hammad Ali Amno Gadallah Tajikistan Maroof Saleemovich Salehove Turkey Salih Uyar Uzbekistan Zakirjan Asam Yemen Karam Khamis Sayd Khamsan