Sadeq Muhammad Sa'id Ismail

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Sadeq Muhammad Sa id Ismail
Born: 1982 (age 25–26)
Jabal Haimain, Yemen
Detained at: Guantanamo
ID number: 69
Conviction(s): no charge, held in extrajudicial detention
For other persons named Mohammed Said, see Mohammed Said (disambiguation).

Sadeq Muhammad Sa id Ismail is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 69. Guantanamo counter-terrorism analysts estimate he was born in 1982, in Jabal Haimain, Yemen.

Contents

[edit] Identity

The Yemen Times reported, on March 11, 2007, that a Yemeni named Sadeq Mohammed Ismail, who was also born in Ibb, was on the list of Yemenis who had been cleared for release.[2] The official list does not include a captive named Sadeq Mohammed Ismail.[1] It does include two detainees whose names are near matches:

  • Sadeq Muhammad Sa'id Ismail's name might be a closer match, but he is from Jabal Haimain, not Ibb.
  • Yasin Qasem Muhammad Ismail is from Ibb, but his name is not as close a match.

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

Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Sadeq Muhammad Sa'id Ismail's Combatant Status Review Tribunal, on 20 September 2004.[5][6] The memo listed the following allegations against him:

a. The detainee is a member of, or associated, with the Taliban:
  1. The detainee admitted he traveled from Yemen to Afghanistan via Pakistan in May 2001 to receive combat arms training.
  2. Upon entering Afghanistan, detainee sought out Taliban members.
  3. The detainee served ss a courier for a Taliban member, making approximately ten trips between Kabul and Kandahar during a three month period.
b. The detainee participated in military operations against the United States and it coalition partners:
  1. Detainee was present in Kabul during the United States air campaign.
  2. Detainee was injured in an aerial bombing attack near Khowst, Afghanistan.
  3. The detainee was identified as a Yemeni mujahid who trained at al-Farouq training camp and was captured at Tora Bora Afghanistan.

[edit] Transcript

Ismail chose to participate in his Tribunal.[7] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a four summarized transcript from his Combatant Status Review Tribunal.[8]

[edit] Testimony

Ismail said he traveled to Afghanistan for training, but not so he could fight in Afghanistan.

Ismail denied serving as a Taliban courier. He acknowledged making numerous trips between Kabul and Kandahar. He said he made those trips to search for training.

Ismail denied participating in military operations.

In reply to the allegation that he was present in Kabul during the American bombing campaign Ismail said he was trying to leave.

Ismail acknowledge he was injured during the bombing campaign.

Ismail denied being trained at the Al Farouq training camp. He denied being captured in Tora Bora. He said he was captured in Pakistan.

[edit] Sadeq Muhammad Sa'id Ismail v. George W. Bush

A writ of habeas corpus, Sadeq Muhammad Sa'id Ismail v. George W. Bush, was submitted on Sadeq Muhammad Sa'id Ismail's behalf.[9] In response, on 27 September 2004, the Department of Defense published 18 pages of unclassified documents related to his Combatant Status Review Tribunal. On 27 September 2004 Tribunal panel 5 convened and concluded, based on classified evidence, that he was an "enemy combatant".

[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".[10]

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.[11] 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 Sadeq Muhammad Sa'id Ismail's Administrative Review Board, on 28 January 2005.[12] The memo listed factors for and against his continued detention. The factors for and against continuing to detain Ismail were among the 121 that the Department of Defense released on March 3, 2006.[13]

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee admitted he traveled from Yemen to Afghanistna via Pakistan in May 2001 to receive combat arms training.
  2. The detainee stated that he went to Afghanistan in August 2001 to kill communists and Jews.
  3. The detainee stated that Palestine and Afghanistan are the same "...once Islam overthrows, they rule everything."
b. Training
  1. The detainee was identified as a Yemeni mujahid who trained at al-Farouq training camp and was captured at Tora Bora, Afghanistan.
c. Connections/Associations
  1. Upon entering Afghanistan, detainee sought out Taliban members.
  2. The detainee was present at an Arab guesthouse in Kandahar, Afghanistan.
d. Intent
  1. The detainee served as a courier for a Taliban member, making approximately ten trips between Kabul and Kandahar during a three-month period.
  2. Detainee was present in Kabul during the United States air campaign.
  3. Detainee was injured in an aerial bombing attack near Khowst, Afghanistan.
e. CSRT
  1. The detainee stated that he was trained on the Kalashnikov.
f. Other Relevant Data
  1. The detainee has made threatening gestures to United States military personnel.

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

The detainee stated he felt he needed to go to Afghanistan to complete training in order to protect himself in Yemen.

[edit] Board recommendations

The Office for the Administrative Review of Detained Enemy Combatants was obliged to hold annual reviews of captives status. In September 2007 the Department of Defense published all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.[14][15] They also published heavily redacted versions of the recommendation memos for the 180 captive the 2005 and 2006 who were cleared for release through their Review Boards.[16][17]

There is no record that his 2005 Review Board recommended his repatriation. There is no record that an Administrative Review Board convened in 2006 to review his detention.

[edit] Release

On June 19, 2007 six men were released from Guantanamo.[18] According to the Miami Herald, the Center for Constitutional Rights identified one of the men as a 25 year old Yemeni named "Sadeq Mohammed Said".

The Gulf News profiled Sadeq Mohammed Said on October 22, 2007, following what it reported was his first interview since his release from custody, on October 12, 2007.[19] The article reported that he acknowledged that he "joined one of the Taliban battlelines." The article reported that he described religious persecution in Guantanamo, including desecration of the Koran. The article reported that he hinted at sexual abuse. The article reported that he described being captured in a hospital bed, not on a battlefield.

The article quoted his brother, Rashad Mohammad Saeed -- who was described as a jihadist who had also served in Afghanistan.[19]

"Let the Americans know that jihadists are respected in their nations and they are not killers or criminals."

[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. ^ Amel Al-Ariqi. "Yemeni detainees are the largest group at Guantánamo", Yemen Times, March 11, 2007. Retrieved on March 15. 
  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 (20 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ismail, Sadeq Muhammad Sa'id pages 85-86. United States Department of Defense. Retrieved on 2007-12=03.
  6. ^ OARDEC (20 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ismail, Sadeq Muhammad Sa'id pages 16-17. United States Department of Defense. Retrieved on 2007-12-03.
  7. ^ OARDEC (27 September 2004). Summarized Sworn Detainee Statement pages 11-14. United States Department of Defense. Retrieved on 2008-05-11.
  8. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  9. ^ Sadeq Muhammad Sa'id Ismail v. George W. Bush 04-CV-1254 (HKK) pages 1-18. United States Department of Defense (12 October 2004). Retrieved on 2008-05-11.
  10. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  11. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  12. ^ OARDEC (28 January 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Ismail, Sadeq Muhammad Sa'id pages 30-31. United States Department of Defense. Retrieved on 2008-05-11.
  13. ^ Factors for and against the continued detention (.pdf) of Sadeq Muhammad Sa'id Ismail Administrative Review Board - page 30
  14. ^ 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.
  15. ^ OARDEC (July 17, 2007). Index of Summaries of Detention-Release Factors for ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
  16. ^ OARDEC (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. United States Department of Defense. Retrieved on 2007-09-29.
  17. ^ OARDEC (August 10, 2007). Index Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
  18. ^ Carol Rosenberg. "Six more detainees leave Guantánamo", Miami Herald, June 19, 2007. Retrieved on 2007-06-19. 
  19. ^ a b Nasser Arrabyee. "'I don't know why I was arrested and released'", Gulf News, October 22, 2007. Retrieved on 2008-05-11.