Muhsin Muhammad Musheen Moqbill

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Muhsin Muhammad Musheen Moqbill is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 193. The Department of Defense reports that Moqbill was born in Ta'iz, Yemen. Unlike almost all the other detainees American intelligence analysts didn't offer an estimate of Moqbill's age.

Contents

[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.[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[4]
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 Muhsin Muhammad Musheen Moqbill's Combatant Status Review Tribunal, on 13 October 2004.[5] The memo listed the following allegations against him:

a. The detainee is associated with the Taliban:
  1. The detainee traveled to Afghanistan to fight with the Taliban in response to a fatwa.
  2. The detainee attended the al Farouq camp for weapons training with the Kalashnikov rifle, PK machine gun, and the rocket propelled grenade (RPG).
  3. The detainee stayed in the Taliban Center in Quetta, Pakistan.
b. The detainee engaged in hostilites against the United States or its coalition partners:
  1. The detainee was issued a Kalashnikov rifle, ammunition, and hand grenades.
  2. The detainee maintained an armed military post in the vicinity of Bagram, Afghanistan.
  3. The detainee maintained a Taliban post in the vicinity of Jalalabad, Afghanistan after 11 September 2001.

[edit] Transcript

Moqbill chose to participate in his Combatant Status Review Tribunal.[6]

[edit] Testimony

[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".[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. 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 Muhsin Muhammad Musheen Moqbill's Administrative Review Board, on 2 May 2005.[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee traveled to Afghanistan to fight with the Taliban in response to a fatwa issued by Sheik Hamoud Aluoqla [sic] of Saudi Arabia.
  2. Sheikh Hamud (Al-Uqqla) [sic] is a Saudi Mufti who issued a fatwa calling for Jihad in Afghanistan, and encouraged people to fight Jihad against the Christians and Jews. Al-Uqqla [sic] condoned the 11 September 2001 against the United States and helped raise money for Usama Bin Laden [sic] until the sheikh's death in Saudi Arabia in 2001.
  3. The detainee was told by Ibrihim Baalawi (Kunya- Abu Khouloud) that this fatwa was issued to get Arabs to fight with the Taliban to form a "True" Muslim state.
  4. The detainee was given, by Khouloud, a passport, a Pakistani Visa, a Yemen Air ticket (from Sana to Dubai), and $50.00 U.S. currency. He also provided the detainee with detailed travel information for his trip Karachi, Pakistan.
  5. The detainee traveled to an area of the front line near Bagram, Afghanistan referred to as the Mullah Ibrahiem Center. He remained there for 11-12 months and observed tank and artillery skirmished with the Northern Alliance.
  6. The detainee maintained a Taliban post in the vicinity of Jalalabad, Afghanistan after 11 September 2001.
b. Training
  1. The detainee attended the al Farouq camp for weapons training with the Kalashnikov rifle, PK machine gun, and the rocket propelled grenade (RPG).
  2. The detainee was personally trained by the head of the al Farouq camp.
c. Connection/Associations
  1. The detainee was associated with Ibrahim Ba'alawi also known as Abu Khalud who also lived in Ta'iz, Yemen and actively recruited individuals to fight with the Taliban in Afghanistan.
  2. The detainee stayed in the Taliban Center in Quetta, Pakistan.
d. Intent
The detainee knew his role was a soldier on the lines. At first, he worried about being killed then later "he did not care".
e. Other Relevant Data
The detainee traveled to a small village in the Tora Bora mountains and remained there for twenty-six (26) days before crossing the Afghanistan-Pakistan border to a small village where he surrendered his weapon. The detainee walked to a second Pakistani village where he was taken into custody by Pakistani authorities.

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

a.

The detainee was upset that he was misled by Abu Khloud (aka: [sic] Ibraheim Ba'alawi) into doing jihad in Afghanistan. The detainee stated he did not know the Taliban were fighting against Americans but did know they were fighting the Northern Alliance. The detainee stated he opposed Usama Bin Laden [sic] (UBL) because Usama bin Laden's [sic] (UBL) actions were against the Islamic religion. The detainee said he made a mistake by going to Afghanistan and will not make that same mistake. The detainee denied ever being part of al Qaida or ever taking part in any planning against Americans. When released, he will attend a university and study mathematics or physics.
b.

The detainee described al-Qaida and anyone associated with Usama Bin Laden [sic] as "criminals" and blames them for his current predicament. He "hated" Afghanistan and curses the day he set foot in Afghanistan. He did not want to discuss anything regarding Afghanistan. The detainee denied any affiliation with al-Qaeda or anyone associated with Usama Bin Laden [sic] .
c.

The detainee stated he has never been asked to pledge a bayat, or oath. He maintains that his only knowledge of al Qaida is through Al Jazeera television broadcasts. The detainee stated he would be willing to undergo a polygraph examination.

[edit] Transcript

Moqbill chose to participate in his Administrative Review Board hearing.[9] A 9 page summarized transcript of the unclassified session of his hearing was released. Muhsin Muhammad Musheen Moqbill's Assisting Military Officer read a statement he had prepared, on his behalf. Muhsin Muhammad Musheen Moqbill's statement was not recorded in his transcript.

[edit] Response to the factors

[edit] Response to Board questions

[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 August 16, 2005.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  4. ^ 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.
  5. ^ OARDEC (13 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Moqbill, Muhsin Muhammad Musheen page 3. United States Department of Defense. Retrieved on 2007-12-10.
  6. ^ Summarized transcripts (.pdf), from Muhsin Muhammad Musheen Moqbill's Combatant Status Review Tribunal - pages 81-88
  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. ^ OARDEC (2 May 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Moqbill, Muhsin Muhammad Musheen pages 22-24. United States Department of Defense. Retrieved on 2007-12-10.
  9. ^ Summarized transcript (.pdf), from Muhsin Muhammad Musheen Moqbill's Administrative Review Board hearing - page 77
  10. ^ OARDEC (17 May 2005). Administrative Review Board assessment and recommendation ICO ISN 193 page 75. United States Department of Defense. Retrieved on 2007-12-10.
  11. ^ OARDEC (August 16, 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 193 pages 76-81. United States Department of Defense. Retrieved on 2007-12-10.