Muhamed Hussein Abdallah

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Muhamed Hussein Abdallah
Born: 1983 (age 24–25)
Although JTF-GTMO analysts estimated he was born in 1983, he testified that he was a grandfather who was over 60 years old.
Boor'o, Somalia
Detained at: Guantanamo
ID number: 704
Conviction(s): no charge, held in extrajudicial detention
Occupation: translator
Children: yes

Muhamed Hussein Abdallah (Somali: Maxamed Xuseen Cabdalle) is a citizen of Somalia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 704.

Contents

[edit] Identity

The Department of Defense exhausted its legal appeals and was forced to release a list of the names, ages and nationalities of all the Guantanamo detainees who had been held in military custody.[1] That list states an estimated year of birth for Abdallah of 1983. Yet Abdallah's testimony refers to his children and grandchildren.<[2] The official list states Abdallah was born in Boor'o, Somalia.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. The neutrality of this section is disputed. Please see the discussion on the talk page.(December 2007)Please do not remove this message until the dispute is resolved.
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[3][4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]
The neutrality of this section is disputed.
Please see the discussion on the talk page.(December 2007)
Please do not remove this message until the dispute is resolved.

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 Muhamed Hussein Abdallah's Combatant Status Review Tribunal, on 10 December 2004.[6] The memo listed the following allegations against him:

a The detainee is associated with the Taliban or Al Qaida forces, which are engaged in hostility with the United States.
  1. The detainee is a Somali who lives in Peshawar, Pakistan under the United Nations Refugee status.
  2. The detainee provided information on several non-government organizations.
  3. The detainee was arrested in a raid on suspected Al Qaida residences and support facilities connected with the Afghan Support Committee (ASC).
  4. ASC is listed on the United States Secretary of States terrorist exclusion list as an organization who is engaged in terrorist activities.
  5. The detainee was a resident of Jolazai refugee camp.
  6. Arab militants have been associated with the Jolazai refugee camp since the 1980's when it was a reception station in the North West Frontier Providence, where newly arrived recruits would receive training prior to being sent to fight the Soviet troops.
  7. Militants associated with Osama bin Laden’s organization were traveling through the Jolazai refugee camp in route to India.

[edit] Transcript

Abdallah chose to participate in his Combatant Status Review Tribunal.[2] On March 3, 2006, in order to comply with a court order, the Department of Defense released a 13 page summarized transcript from his Tribunal.

[edit] Testimony

Abdallah left Somalia in 1967. He has eleven children and 79 or 80 grandchildren. He returned to Somalia three or four times.

He became a refugee in 1993.

His son-in-law, Mohammed Sulaiman is also a detainee.

He called a witness, Abu Mohammed. A co-worker. They worked for the Red Crescent. Authorities picked up most of the people that worked for this organization at the same time.

He also asked for a witness named Fethi Boucetta.

He denied ever working for the Afghan Support Committee. His son-in-law used to work with them. He said four other people who worked for the ASC were brought to Guantanamo, and three of them had already been released, while the fourth had been told he would probably be released soon.

He denied being loaned the house he lived in by any terrorist organization, or anyone at all. He rented it.

The director of the Jolazai refugee camp became the Minister of Education in Karzai’s government

[edit] Called to testify for Fethi Boucetta

Another Guantanamo detainee, Fethi Boucetta, had initially requested Abdallah testify on his behalf during his Tribunal.[7] Shortly before his Tribunal Boucetta decided not to attend. He decided to rescind his request for Abdallah to testify on his behlf.

[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".[8]

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] Summary of Evidence memo

A Summary of Evidence memo was prepared for Muhamed Hussein Abdallah's Administrative Review Board, on 26 July 2005.[9] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Connections/Associations
  1. The detainee was employed as an Arabic language instructor by a number of NGO's [sic] such as the Kuwaiti based Lajnat Al Da'wa, the Saudi based Hiyat Al Ighatha, and the Saudi Red Crescent Society (SRCS).
  2. Seniot officials of the SRCS were involved in money laundering operations aimed at assisting Pakistani-based extremist organizations.
  3. The detainee taught Arabic Studies at the Institute of Hira in Peshawar. The Institute received its funding from the Kuwaiti based Lijnat Al Dawa Al Islamia [sic] NGO.
  4. Lajnat Al Daawa Al Islamiya [sic] is an NGO operating in Afghanistan that may be affiliated with Usama bin Laden and al Qaida operations.
  5. The detainee stated that he knew Abu Idriss, a know al Qaida member and suspected facilitator from the Kuwaiti school where he taught.
  6. The detainee was identified by a senior al Qaida lieutenant as being at an al Qaida guesthouse for visitors in Afghanistan prior to 11 September 2001. The detainee wanted to meet Usama ibn Laden to ask for help in his home country.
  7. On 27 May 2002, the detainee was detained during raids against suspected al Qaida residences and support facilities connected ot the Afghan Support Committee (ASC).
  8. The detainee was arrested in the residence associated with Abdallah Abd Al Wali, a Somali working as the director of the ASC Education Department.
  9. The ASC is listed on the United States Secretary of State's Terrorist Exclusion List as an organization which is engaged in terrorist activities.
b. Other Relevant Data
The detainee claimed he was unemployed from 1993 to 2000. The detainee could not explain how he supported his family during this time period. The one comment he made was that "God provides" and that his eldest two daughters who live in Canada and Saudi Arabia sent him money.

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

a. The detainee claims he was never told by Pakistani authorities the reason he was arrested.
b.

The detainee claims to have no knowledge of Red Crescent money being used to fund terrorist activities.
c.

The detainee deined having any knowledge of the attacks in the U.S. prior to their execution on September, 11th 2001.
d.

The detainee denied having any contact with al Qaida or Jihadi elements during his 15 years in Peshawar, Pakistan.

[edit] Transcript

Muhamed Hussein Abdallah attended his Administrative Review Board hearing on 10 August 2005.[10][11]

The Department of Defense was under a court order to publish all the transcripts from Administrative Review Boards attended by the captives. The Department of Defense did not publish Muhamed Hussein Abdallah's hearing. And it has not offered an explanation as to why it has not published his transcript.

The Department of Defense did publish a written statement he prepared on 8 August 2005.[12]

[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 October 5, 2005.

[edit] References

  1. ^ a b 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 Summarized transcripts (.pdf), from Muhamed Hussein Abdallah'sCombatant Status Review Tribunal - pages 1-13
  3. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  5. ^ 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.
  6. ^ OARDEC (10 December 2004). Summary of Evidence for Combatant Status Review Tribunal -- Abdallah, Muhamed Hussein Abdallah pages 69-70. United States Department of Defense. Retrieved on 2008-03-07.
  7. ^ Summarized transcripts (.pdf), from Fethi Boucetta's Combatant Status Review Tribunal - mirror - pages 50-54
  8. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  9. ^ OARDEC (26 July 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Abdallah, Muhamed Hussein pages 24-25. United States Department of Defense. Retrieved on 2008-03-01.
  10. ^ a b OARDEC (October 5, 2005). Administrative Review Board assessment and recommendation ICO ISN 704 pages 18-19. United States Department of Defense. Retrieved on 2008-03-07.
  11. ^ a b OARDEC (10 August 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 704 pages 20-25. United States Department of Defense. Retrieved on 2008-03-07.
  12. ^ OARDEC (8 August 2005). Translation of detainee's Written Statement Submitted by (Abdallah, Muhamed Hussein (704) on (8 August 2005) by OARDEC Linguist OL-13 page 123. United States Department of Defense. Retrieved on 2008-03-07.