Mohammed Nazir Bin Lep

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Mohammed Nazir Bin Lep is a Malaysian affiliate or member of Jemaah Islamiyah and al-Qaeda, currently in American custody in the Guantanamo Bay detention camp. He is one of the 14 detainees who had previously been held at secret locations abroad.[1][2] In the ODNI biographies of those 14, Bin Lep is described as a lieutenant of Hambali (who is also one of those 14, along with another alleged subordinate of his, Mohamad Farik Amin). He was transferred from clandestine custody in an American black site to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. His Guantanamo Internee Security Number is 10023.

[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 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.

US District Court Justice Joyce Hens Green ruled that the Combatant Status Review Tribunals were unconstitutional. Nevertheless the Department of Defense scheduled Tribunals for the 14 high-value captives who were transferred from covert CIA custody, on September 6, 2006, for early winter of 2007.

The Summary of Evidence memo for Mustafa Ahmed Al Hawsawi's Combatant Status Review Tribunal was drafted on February 8, 2007.[3]

The Summary of Evidence memo and the unredacted transcript from his Tribunal were released on April 3, 2007.[3][4]

The Department of Defense announced on August 9, 2007 that all fourteen of the "high-value detainees" who had been transferred to Guantanamo from the CIA's black sites, had been officially classified as "enemy combatants".[5] Although judges Peter Brownback and Keith J. Allred had ruled two months earlier that only "illegal enemy combatants" could face military commissions, the Department of Defense waived the qualifier and said that all fourteen men could now face charges before Guantanamo military commissions.[6][7]


[edit] References

  1. ^ Detainee Biographies. Office of the Director of National Intelligence. Retrieved on 2007-08-10.
  2. ^ "Bush: CIA holds terror suspects in secret prisons", CNN, September 7, 2006. Retrieved on 2007-08-10. 
  3. ^ a b Summary of Evidence (.pdf), prepared for Mohammed Nazir Bin Lep's Combatant Status Review Tribunal - March 16, 2007
  4. ^ Summary of Evidence (.pdf), prepared for Mohammed Nazir Bin Lep's Combatant Status Review Tribunal - March 20, 2007
  5. ^ Lolita C. Baldur. "Pentagon: 14 Guantanamo Suspects Are Now Combatants", Time magazine, Thursday, August 9, 2007.  mirror
  6. ^ Sergeant Sara Wood. "Charges Dismissed Against Canadian at Guantanamo", Department of Defense, June 4, 2007. Retrieved on 2007-06-07. 
  7. ^ Sergeant Sara Wood. "Judge Dismisses Charges Against Second Guantanamo Detainee", Department of Defense, June 4, 2007. Retrieved on 2007-06-07. 

[edit] References

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