Musa Abed Al Wahab

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Musa Abed Al Wahab
Born: July 20, 1977(1977-07-20)
Medina, Saudi Arabia
Detained at: Guantanamo
Alias(s): Musa Al Madany,
Mishal Al Madany
ID number: 58
Conviction(s): no charge, held in extrajudicial detention
Status Repatriated

Musa Abed Al Wahab is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 58. The Department of Defense reports that he was born on July 20, 1977, in Medina, Saudi Arabia.

Contents

[edit] Identity

Captive 58 was identified inconsistently on official Department of Defense documents:

  • Captive 58 was identified as Musa Abed Al Wahab on the first official lists of captives' name.[2][1][3][4][5][6]
  • Captive 58 was identified as Mishal Al Madany on the official list of captives whose habeas corpus petitions should be dismissed following their transfer from US custody.[7]
  • Captive 58 was identified as Musa Al Madany on the official list of captives whose habeas corpus petitions should be dismissed following their transfer from US custody.[7]

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

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 Musa Abed Al Wahab's Combatant Status Review Tribunal, on 22 September 2004.[8] The memo listed the following allegations against him:

The detainee is a member of al Qaida:
  1. The detainee admitted he voluntarily traveled from Saudi Arabia to Afghanistan in 2001.
  2. The detainee was reported to have attended a known terrorist training camp from July to September 2001.
  3. Usama Bin Laden was also reported to be at the same camp during this same period.
  4. The detainee was reported to have been in Tora Bora, where Arab fighters were ordered to assemble after September 2001.
  5. The detainee hired a guid and made it to the Pakistan border wereh he was turned over to United States forces.
  6. The detainee was designated by the Saudi Ministry of Interior as a "high priority" detainee.

[edit] Mentioned in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, there was an anomaly about the dates on the documents in his CSRT dossier.[9] According to the study, the cover sheet to his dossier, dated October 20, 2004, stated that Al Wahab had declined to attend his Tribunal. However, his Detainee Election Form, the form his Personal Representative should have filled out, during his first interview with him, when he was presented with the choice to attend his Tribunal, was dated October 25, 2004, five days after his Tribunal convened in his absence.

The study noted:

"It is not clear how the personal representative could have advised the Tribunal that the detainee had affirmatively declined to participate when he had yet to meet with the detainee."

[edit] Habeas corpus

A writ of habeas corpus, Musa Abed Al Wahab v. George Walker Bush, was submitted on his behalf.[10] In response, on 6 May 2005 the Department of Defense released fifteen pages of unclassified documents related to his Combatant Status Review Tribunal.

His enemy combatant" status was confirmed by Tribunal panel 15 on October 20, 2004.

His habeas corpus petition was amalgamated with others in Al-Oshan v. Bush, where he was called "Musa Al Madany".[7]

His habeas corpus petition was amalgamated with others in Mohammon v. Bush, where he was called "Mishal Al Madany".[7]

[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".[11]

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.[12] 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] Transfer to Saudi Arabia

On June 25, 2006 14 men were transferred from Guantanamo to Saudi Arabia.[13][14] A Saudi identified as Mousa Abdulwahab Abdulqader al-Housawi was identified as one of the released men.

[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. ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
  3. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  4. ^ OARDEC (August 8, 2007). Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. United States Department of Defense. Retrieved on 2007-09-29.
  5. ^ OARDEC (August 9, 2007). Index to Summaries of Detention-Release Factors for ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
  6. ^ OARDEC (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. United States Department of Defense. Retrieved on 2007-09-29.
  7. ^ a b c d "Exhibit B: List Of Enemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody", United States Department of Justice, April 17, 2007. Retrieved on 2008-05-05. 
  8. ^ OARDEC (22 September 2004). Summary of Evidence for Combatant Status Review Tribunal - Al Wahab, Musa Abed page 70. United States Department of Defense. Retrieved on 2008-04-23.
  9. ^ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. No-hearing hearings. Seton Hall University School of Law. Retrieved on April 2, 2007.
  10. ^ Musa Abed Al Wahab v. George Walker Bush pages 41-55. United States Department of Defense (6 May 2005). Retrieved on 2008-05-05.
  11. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  12. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  13. ^ Thirteen Saudis and a Turkistani return to Saudi from Guantanamo, Middle East News, June 25, 2006
  14. ^ Anant Raut, Jill M. Friedman (March 19, 2007). The Saudi Repatriates Report. Retrieved on April 21, 2007.
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