Sa id Salih Sa id Nashir

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Sa id Salih Sa id Nashir (a.k.a. Hani Saleh Rashid Abdullah) is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Nashir's Guantanamo detainee ID number is 841. American intelligence analysts estimate that Nashir was born in 1974, in Habilain, Yemen.

[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.^[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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.

Nashir chose to participate in his Combatant Status Review Tribunal.^[5]

[edit] Allegations

The allegations against Nashir were:

a The detainee is associated with al Qaida and the Taliban:

1. Originally from Lahaj, Yemen, the detainee traveled to Kandahar, Afghanistan via San’aa, Yemen; Dubai, United Arab Emirates; Karachi, Pakistan; and Quetta, Pakistan.
2. The detainee was a ^[sic] recruited in Al Baraida, Yemen by an al Qaida facilitator.
3. In late June 2001, while traveling from Yemen to Afghanistan, the detainee stayed in a Taliban guesthouse in Quetta, Pakistan.
4. The detainee attended basic training at al Farouq training camp from July to September 2001, where he received instruction in the Kalishnikov rifle, Rocket-Propelled Grenades (RPG), hand grenades, land mines and explosives.
5. The detainee attended two speeches by Usama Bin Laden while, training at the al Farouq camp.
6. The detainee, armed with a Kalishnikov rifle, worked for al Qaida as a guard at the Kandahar airport.
7. The al Qaida members guarding the Kandahar airport armed with Anti-Aircraft guns, SA-7, Rocket Propelled Grenades (RPG), and AK-47s.
8. The detainee was given $1,000 US by an al Qaida operative for travel from Afghanistan to his home country of Yemen.
9. The detainee was captured following a two and a half hour firefight in a Karachi Pakistan apartment, along with several other members of al Qaida during raids on al Qaida safe houses on 11 September 2002.
10. Passports belonging to Usama Bin Ladin’s family members were found at the suspected al Qaida residence on Taria Road in Karachi, Pakistan during raids on 11September 2001.

b The detainee engaged in hostilities against the United States or its coalition partners:

1. According to an al Qaida associate, the detainee fought north of Kabul.

[edit] Testimony

Nashir didn’t challenge most of the allegations. He said he didn’t participate in the firefight when he was captured, that he had never been to Kabul, and had never fought north of Kabul. Further he knew nothing about any documents found in the apartment where he was captured.

The transcript does not record the Tribunal asking the detainee, or his Personal Representative, any questions.

[edit] References