Najib Mohammad Lahassimi

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Najib Mohammad Lahassimi
Born:	September 28, 1978(1978-09-28) Sattat, Morocco
Detained at:	Guantanamo
Conviction(s):	no charge, held in extrajudicial detention
Status	Repatriated, convicted in Moroccan courts.

Najib Mohammad Lahassimi (also transliterated as Najeb Lahassihi and Najib Lahssini) (born September 28, 1978) is a citizen of Morocco who was held for five years in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 75. Joint Task Force Guantanamo counter-terrorism analysts reported that he was born on September 28, 1978, in Sattat, Morocco.

[edit] Identity

Captive 75 was named inconsistently on various official documents.

• Captive 75 was identified as Najeb Lahassihi on the official list released on April 20, 2006, and on four other official lists released on September 4, 2007.^[2][3][4][5]
• Captive 75 was identified as Najib Mohammad Lahassimi on the official list released on May 15, 2006.^[1]
• Al Jazeera, quoting the Moroccan courts, names a former Guantanamo captive Najib Lahssini.^[6]
• Captive 75 was identified as Najeeb Al Husseini 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.

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] Allegations

The allegations presented to his Tribunal included^[8]:

• That he was convinced to go to Afghanistan by a man he met at a Baker Street mosque in London.
• That he stayed at a Taliban guest house.
• That he attended an Afghan training camp, possibly the al Farouq training camp.
• That he served on the Taliban's front lines after September 11, 2001.

[edit] Transcript

There is no record that Najeb Lahassihi chose to participate in his Combatant Status Review Tribunal.

[edit] Administrative Review Board hearing

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] Factors for and against continued detention

The factors for and against his continued detention included^[9]:

• That he was convinced to go to Afghanistan by a man he met at a Baker Street mosque in London.
• That he was seen attending the Finsbury Park mosque.
• That he stayed at a Taliban guest house.
• That he attended an Afghan training camp, possibly the al Farouq training camp.
• That he served on the Taliban's front lines after September 11, 2001.
• That he surrendered to General Dostum.
• That he asserted he never fought against the USA, and that he had no dispute with the USA.
• That he had no intention of engaging in jihad in the future.

[edit] Recommendation

The recommendations his Administrative Review Board made to Gordon England, the Designated Civilian Official were among those released by the Department of Defense.^[10] The memo is heavily redacted, so it is not possible to know what recommendation his Board made. But the Board's recommendations are not made public unless the Designated Civilian Official cleared the captive for release.

[edit] Moroccan conviction

On November 10, 2006 Lahassimi, and two other Moroccans said to be former Guantanamo detainees, were sentenced by a Moroccan court. Lahassimi, and a Moroccan named Mohammed Ouali were sentenced to three years for falsifying documents.^[11][12][6]

A third Moroccan, Mohamed Souleymani Laalami, was sentenced for a five year term, for starting a "criminal group".

[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. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
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 (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. 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. ^ ^{a b} "Rabat jails ex-Guantanamo detainees", Al Jazeera, Saturday, November 11, 2006. Retrieved on 2007-08-17. 
7. ^ "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 (November 10, 2004). Summary of Evidence for Combatant Status Review Tribunal -- LAHASSIHI, Najeb. United States Department of Defense. Retrieved on 2007-10-04.
9. ^ OARDEC (August 11, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of pages 11-12. United States Department of Defense.
10. ^ OARDEC. Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 75 pages 33-36. United States Department of Defense. Retrieved on 2007-10-04.
    • The first page of his recommendation memo was not included in the released documents.
11. ^ Morocco sentences three former Guantanamo detainees, The Jurist, November 12, 2006
12. ^ Morocco Jails 3 Ex-Guantanamo Detainees, Associated Press, November 10, 2006

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