Salman Saad Al Khadi Mohammed

From Wikipedia, the free encyclopedia

Salman Saad Al Khadi Mohammed
Born: January 14, 1982(1982-01-14)
Riyadh, Saudi Arabia
Detained at: Guantanamo
ID number: 121
Conviction(s): no charge, held in extrajudicial detention
Status Repatriated

Salman Saad Al Khadi Mohammed is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His detainee ID number is 121. The Department of Defense reports that Mohammed was born on January 14, 1982, in Riyadh, Saudi Arabia.

Contents

[edit] Identity

Captive 121 was named inconsistently on different official Department of Defense documents:

  • Captive 121 was named Suleyman Sa D Mohamed Al Khaldi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 4 November 2004, and on the Summary of Evidence memo prepared for his Al Khaldi's first annual Administrative Review Board, on 11 October 2005.[2][3][4]
  • Captive 121 was named Salman Saad Al Khaldi Mohammed Summary of Evidence memo prepared for his second annual Administrative Review Board, on 29 May 2006.[5]
  • Captive 121 was named Sulaiman Saad Mohaammed Al-Oshan on the official list of captives whose habeas corpus petitions should be dismissed following their transfer from US custody.[6]

[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.
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 Tribunal. 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 Suleyman Sa D Mohamed Al Khaldi's Combatant Status Review Tribunal, on 4 November 2004.[2][3] The memo listed the following allegations against him:

a. The detainee is a member of the Taliban:
  1. The detainee admitted he was a Taliban soldier.
  2. The detainee traveled from his home Saudi Arabia[7] to Afghanistan via the United Arab Emirates and Pakistan in June of 2000.
  3. The detainee received training in the use of the Klashnikov [sic] rifle at the Mohafez Aghund guesthouse in the vicinity of Kabul, Afghanistan.
b. The detainee participated in military operations against the United States and its coalition partners.
  1. The detainee was assigned to duty on the battlefield in the vicinity of Kabul Afghanistan.
  2. The detainee was assigned to duty on the battlefield in the vicinity of Khawaja Ghar.
  3. The detainee participated in the battle of Tora Bora.
  4. The detainee surrendered to Northern Alliance forces at Mazir-e-Sharif [sic] .
  5. The detainee was present at the prison uprising at Mazir-e-Sharif [sic] where Northern Alliance forces wounded him.

[edit] Identified Ilkham Turdbyavich Batayev as a combatant

One of the unredacted statements in Ilkham Turdbyavich Batayev's Classified Record of Proceedings and basis of Administrative Review Board recommendation stated[8]:

ISN 121 was shown a picture of the EC [enemy combatant] and identified him as a person he observed at Konduz, Afghanistan in combat.

[edit] Habeas corpus

A writ of habeas corpus, Al-Oshan v. Bush, was submitted on his behalf, under the name "Sulaiman Saad Mohaammed Al-Oshan".[6] His is the lead case in a group of several other amalgamated habeas corpus petitions.

The Department of Defense published the unclassified documents arising from the Combatant Status Review Tribunals of 179 captives who had habeas corpus petitions submitted on their behalf.[9] But they didn't release those documents in this case.

[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".
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. 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 Suleyman Sa D Mohamed Al Khaldi's first annual Administrative Review Board, on 11 October 2005.[4] The memo listed factors for and against his continued detention.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Salman Saad Al Khaldi Mohammed's second annual Administrative Review Board, on 29 May 2006.[5] The memo listed factors for and against his continued detention.

[edit] Repatriation

According to The Saudi Repatriates Report captive 121 was one of sixteen men repatriated on December 14, 2006.[11]

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ a b OARDEC. "Summary of Evidence for Combatant Status Review Tribunal -- redacted", United States Department of Defense, 4 November 2004, pp. pages 171-172. Retrieved on 2007-12-03. 
  3. ^ a b OARDEC (4 November 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Khaldi, Suleyman Sa D Mohamed pages 33-34. United States Department of Defense. Retrieved on 2007-12-03.
  4. ^ a b OARDEC (October 11, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Khaldi, Suleyman Sa D Mohamed pages 49-50. United States Department of Defense. Retrieved on 2007-12-03.
  5. ^ a b OARDEC (29 May 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammed, Salman Saad Al Khaldi pages 94-96. United States Department of Defense. Retrieved on 2007-12-03.
  6. ^ a b "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. 
  7. ^ In the version of this memo released in March 2005 "Saudi Arabia" was redacted.
  8. ^ OARDEC (12 October 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 084 pages 60-64. United States Department of Defense. Retrieved on 2007-12-03.
  9. ^ OARDEC (August 8, 2007). Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. United States Department of Defense. Retrieved on 2007-09-29.
  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. ^ Anant Raut, Jill M. Friedman (March 19, 2007). The Saudi Repatriates Report. Retrieved on April 21, 2007.