Mustafa Ibrahim Mustafa Al Hassan

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Mustafa Ibrahim Mustafa Al Hassan


Born:	1957 (age 50–51) Al-Manakil, Sudan
Detained at:	Guantanamo
ID number:	719
Conviction(s):	no charge, held in extrajudicial detention

Mustafa Ibrahim Mustafa Al Hassan is a citizen of Sudan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 719. Joint Task Force Guantanamo counter-terrorism analysts estimate that Al Hassan was born in 1957, in Al-Manakil, Sudan.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearings
- 2.1 First annual Administrative Review Board
- 2.2 Second annual Administrative Review Board
3 References

[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.^[2] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[3]

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 Mustafa Ibrahim Mustafa Al Hassan's Combatant Status Review Tribunal, on 28 September 2004.^[4] The memo listed the following allegations against him:

a. The detainee supported the Taliban.

The detainee departed Sudan to Pakistan en route to fight the jihad in Afghanistan.
The detainee supports the Taliban.
The detainee is associated with the Dawa wa Irshad ^[sic] non-governmental organization.
Dawa wa Irshad is a terrorist organization.

[edit] Transcript

Al Hassan chose to participate in his Combatant Status Review Tribunal.^[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Combatant Status Review Tribunal.^[6]

[edit] Testimony

Mahmoud testified that he knew practically nothing about Afghanistan, other than it had been ruled by Islamic law. He had not traveled to Pakistan in order to slip into Pakistan.His profession in Sudan is a clothing trader, and he had traveled to Pakistan for trade and study.
Mahmoud pointed out that his passport would show that he had entered Pakistan after the war had ended, at the end of December 2001, or early January 2002.
He said he traveled to Pakistan on legitimate travel documents. His visa was initially for 15 days. When his visa expired he went to the visa office to get an extension. But they wouldn’t give him an extension. They told him: “We are having a lot of problems with foreigners in or ^[sic] country. We can't give you an extension on your visa.”
Mahmoud testified he tried to leave Pakistan, because Pakistan was arresting all Arabs. He contacted a people-smuggler named Abo Bakar ^[sic] . The language barrier made it very difficult to understand where the smuggler planned to take him. He wanted to be taken to Iran.^[7]
Mahmoud testified he had never heard of the Dawa wa Irshad, this group does not exist in Sudan.
Mahmoud testified he was tortured in Bagram, by interrogators who kept insisting he was lying. He said his interrogators said the people he was staying with had denounced him. He said he believed they denounced him while being interrogated under torture, as he was.
Mahmoud said he was tortured with electricity, by being made to walk on sharp objects, and with many beatings.
Mahmoud testified he paid for his travel from his own funds.
Mahmoud explained that it was not unusual to travel to Pakistan on just a fifteen day visa, and then, once a University had accepted the traveler as a student, it was normally easy to get a visa extension.
Mahmoud repeated that he had never heard of Dawa Irshad prior to his capture. He had never been a member of any organization.
Mahmoud assured the Tribunal that he had never had any military or weapons training, and he had never bought or sold weapons.
Mahmoud said he was captured in the street, with his driver, and one other traveler, who also ended up in Guantanamo.

[edit] Administrative Review Board hearings

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.^[9] 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] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Mustafa Ibrahim Mustafa Al Hassan's first annual Administrative Review Board, on 7 July 2005.^[10] The memo listed factors for and against his continued detention.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Mustafa Ibrahim Mustafa Al Hassan's second annual Administrative Review Board, on 27 March 2006.^[11] The memo listed factors for and against his continued detention.