Salim Mahmoud Adem Mohammed Bani Amir

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Salim Mahmoud Adem Mohammed Bani Amir
Born: 1958 (age 49–50)
Kasalu, Sudan
Arrested: May 27, 2002
Detained at: Guantanamo
Alias(s): Benny Ah-Amir
ID number: 710
Conviction(s): no charge, held in extrajudicial detention
Status Repatriated, December 2007
Occupation: School Principal.

Salim Mahmoud Adem Mohammed Bani Amir 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 710. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1958, in Kasula, Sudan.

Contents

[edit] Identity

Captive 710 was identified inconsistently on official Department of Defense documents:

  • Captive 710 was identified as Salim Mahmoud Adem Mohammed Bani Amir on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 21 October 2004, on the Summary of Evidence memo prepared for Salim Mahmoud Adem Mohammed Bani Amir's Administrative Review Board, on 16 September 2005, and on seven official lists of captives' names.[2][3][4][5][6][7][8]
  • Captive 710 was identified as Benny Ah-Amir on the Legal Advisor's declaration that prefaced documents released in response to the habeas corpus petitions submitted on his behalf.[9]

[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.[10] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[11]

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 Salim Mahmoud Adem Mohammed Bani Amir's Combatant Status Review Tribunal, on 21 October 2004.[3] The memo listed the following allegations against him:

The detainee is associated with al Qaida:
  1. Detainee traveled to Pakistan in 1991.
  2. Detainee was employed with the Revival of Islamic Heritage Society (RIHS) since 1994.
  3. RIHS is suspect of suspected of supporting extremist activity, and some employees are suspected of financing terrorism.
  4. Illegitimate RIHS funds were reportedly often commingled with legitimate funds and funneled to al Qaida.[12]
  5. Detainee traveled to Afghanistan in 1998.
  6. Detainee's residence was identified as a suspected al Qaida residence.
  7. Detainee was captured in Pakistan and turned over American authorities.

[edit] Transcript

Amir chose to participate in his Combatant Status Review Tribunal.[13] On March 3, 2006, in response to a court order, the Department of Defense published a four page summarized transcript from his Tribunal.

[edit] Testimony

Amir acknowledged traveling to Pakistan, in 1991. He lived there from that time, until his capture, while working for two Islamic charities.

From 1994 until his capture he worked for the Revival of Islamic Heritage Society. He was responsible for touring the schools the charity sponsored, checking that the teachers were following the lesson plans and otherwise performing their duties responsibly. He wasn't involved in any crimes.

He was unaware of any rumors that either charity was associated with any support of terrorism.

He did acknowledge traveling to Afghanistan, starting in 1998, when his responsibilities expanded to supervising two schools in Jalalalbad and Kuna, Afghanistan. These trips were brief and occasional.

Regarding the allegation that his residence was identified as a suspected al Qaida residence, Amir said he lived in Bashawer Bashawar alone, with his wife and two young children. They didn't host any guests. They had rented it for three years prior to his capture. He had no knowledge of who might have lived there prior to him, or whether they were involved with al Qaeda.

[edit] Habeas corpus

A writ of habeas corpus, Benny Ah-Amir v. George Walker Bush, et al., was submitted on "Benny Ah-Amir"'s behalf.[9] In response, on 6 July 2005, the Department of Defense released 24 pages of unclassified documents related to his Combatant Status Review Tribunal.

Captive 710's status was considered by Tribunal panel 15 on 1 November 2004 and by Tribunal panel 27 on 15 January 2005. Both Tribunals confirmed the earlier determination that he was an enemy combatant. The record states the second Tribunal was convened due to further evidence. The unclassified record does not indicate the nature of the new evidence.

Commander Karen Gibbs, the Legal Advisor who conducted the legal sufficiency review, wrote:

In my opinion, the majority of the exhibits produced are insufficient to support the decision reached by the CSRT. However, the detainee's own admissions set forth in Enclosure (3) to Encl. (2), combined with Exhibits R-12 through R-16, contain information which a reasonable finder of fact could deem as providing ample support to meet the definition of enemy combatant as set forth in references (a) and (b). Therefore, the proceedings and decision of the Tribunal are legally sufficient, and no corrective action is required.

Many captives' habeas corpus dossiers included a Recorder's exhibit list identifying the titles of exhibits that were not included. Captive 710's dossier doesn't.

[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".[14]

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] Summary of Evidence memo

A Summary of Evidence memo was prepared for Salim Mahmoud Adem Mohammed Bani Amir's Administrative Review Board, on 16 September 2005.[2] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Connections/Associations
  1. In late September 1994, the detainee received a position as teacher with Revival of Islamic Heritage Society (RIHIS). The detainee worked at the Dar al Rabbiaa' wa al Hajiree lil Aytam school. This school is located in a small Pakistani village near Jeluzee called Babbi Ziyarat. The Babbi village is known as an al Qaida activity center.
  2. RIHS is a Kuwait-based Non-Governmental Organization (NGO). In Pakistan and Afghanistan, it is affiliated with the Afghan Support Committee (ASC), an organization that has funded Usama Bin Laden (UBL) and al Qaida.
  3. The Peshawar, Pakistan office director of RIHS is Abd al Muhsin al Libi. Al Libi also serves as the ASC manager in Peshawar. Al Libi is known to have a good relationship with UBL and has provided UBL and his associates with facilities in Peshawar.
  4. The detainee was promoted to manager of the Dar al Rabbiaa' wa al Hajiree lil Aytam school in December, 2001 and remained in this position until captured in May of 2002.
  5. The detainee was the director of an ASC school in Pushtungari.
  6. Abu Bakr al Jaziri, the finance chief of ASC, was the chief of fundraising for UBL. Al Jaziri collected funds for al Qaida in Jalalabad [sic] through the ASC and local Arab NGO's [sic] by claiming the funds were for orphans and widoes. In 2000, al Jaziri moved to Pakistan where he continued to raise money and transfer funds for al Qaida.
  7. On January 9, 2002, RIHS and ASC were added to the list of organizations identified under Executive Order 13224 blocking terrorist property and prohibiting transactions with perosns who commit, threaten to commit, or support terrorism.
  8. As of October 2001, Pakistani RIHS employees were funneling money to al Qaida and other Jihadist groups in Pakistan and Afghanistan.
  9. When asked of any involvement the detainee might have with al Haramayne he initially stated that he went to an al Haramayne Institute before going to the Islamic Heritage Center.
  10. On March 11, 2002, al Haramayne was added to the list of organizations identified under Executive Order 13224 blocking terrorist property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism.
b. Other Relevant Data
  1. When the detainee was captured, he was making a decision to leave Pakistan. Even though his parents are dead, the detainee wanted his remaining relatives to meet his family. The detainee's wife was looking forward to moving to Sudan.
  2. The detainee traveled to Jalalabad and Kunar, Afghanistan for approximately one week in 1998 in his capacity as principal (director) of the schools of RIHS.
  3. On May 27, 2002 the detainee was arrested when a foreign government service conducted a series of raids against suspected al Qaida residences and support facilities connected with the ASC in Peshawar, Pakistan.
  4. Pakistani police held the detainee for 12 days and then sent him to Bagram.
  5. The detainee is a Sunni Muslim of the Hadith school.
  6. The detainee went on Hajj in Mecca prior to entering school in 1981.

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

a.

The detainee has no knowledge of al Qaida plans or how funds are transferred to and from Islamic extremist groups or terrorist organizations.
b.

The detainee does not support any type of terrorist organization.
c.

The detainee is just a simple person and is not interested in such issues as the Jihad. He stated that he felt his duty was to teach people.
d.

The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11, 2001. He also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.

[edit] Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[15][16] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 18 December 2005.

[edit] Release

He and fellow Sudanese Adel Hasan Hamad were repatriated on December 13, 2007.[17] InFocus, a Muslim newspaper in California, extensively quoted from him, after his release:

  • "When I opened the door, they immediately handcuffed me. At 1 a.m. they came to my house from all sides. My wife was pregnant at the time. They showed no mercy."
  • "We were all left nude in front of each other."
  • "Interrogations would sometimes last for three to four hours."
  • "Some (interrogators) would tell me we know you are innocent but this is a political game."
  • "Guantanamo is place where human rights are abused. It needs to be shut down immediately."

[edit] Lawsuit

On May 14, 2008 the Daily Times of Pakistan reported that "Salim Mahmud Adam" and "Adel Hasan Hamad" had announced plans to sue the USA over their detention.[18] The article reports that he told the Daily Times that his 2004 Combatant Status Review Tribunal had cleared him of the allegation that he was an "enemy combatant".

[edit] References

  1. ^ 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. ^ a b OARDEC (16 September 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Bani Amir, Salim Mahmoud Adem Mohammed page 36-38. United States Department of Defense. Retrieved on 2008-03-08.
  3. ^ a b OARDEC (21 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Bani Amir, Salim Mahmoud Adem Mohammed page 78. United States Department of Defense. Retrieved on 2008-03-08.
  4. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  5. ^ OARDEC (September 4, 2007). Index for testimony. United States Department of Defense. Retrieved on 2007-09-29.
  6. ^ OARDEC (August 8, 2007). Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. United States Department of Defense. Retrieved on 2007-09-29.
  7. ^ 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.
  8. ^ OARDEC (July 17, 2007). Index to Transfer and Release Decision for Guantanamo Detainees. United States Department of Defense. Retrieved on 2007-09-29.
  9. ^ a b Joseph S Imburgia (6 July 2005). Benny Ah-Amir v. George Walker Bush, et al. pages 31-54. United States Department of Defense. Retrieved on 2008-03-08.
  10. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  11. ^ 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.
  12. ^ The transcript does not record this allegation being read aloud during the Tribunal.
  13. ^ OARDEC (date redacted). Summarized Statement pages 73-76. United States Department of Defense. Retrieved on 2008-03-08.
  14. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  15. ^ OARDEC (18 December 2005). Administrative Review Board assessment and recommendation ICO ISN 710 pages 35-36. United States Department of Defense. Retrieved on 2008-03-01.
  16. ^ OARDEC (23 October 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 710 pages 37-44. United States Department of Defense. Retrieved on 2008-03-01.
  17. ^ Ismail Kamal Kushkush. "Two men speak of their lost years at Gitmo", Southern California InFocus, March 2008. Retrieved on 2008-03-26. 
  18. ^ Akhtar Amin. "Two ex-Guantanamo detainees to sue US", Daily Times (Pakistan), Wednesday, May 14, 2008. Retrieved on 2008-05-13. "In 2004, Hamad and Adam said they appeared before a Combatant Status Review Tribunal that cleared them of charges of being enemy combatants. However, it was not until September 2007 that a military court finally cleared them of charges of posing a threat to the United States."