Samir Naji Al Hasan Moqbel

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Samir Naji Al Hasan Moqbel is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Moqbel's Guantanamo detainee ID number is 043. The Department of Defense reports Moqbel was born on December 1, 1977, in Ta'iz, Yemen.

Contents

[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. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.       The neutrality of this section is disputed.  Please see the discussion on the talk page.(December 2007)Please do not remove this message until the dispute is resolved.
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]

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.

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

[edit] allegations

a. The detainee was an associate of the Taliban and/or Al-Qaida.
  1. The detainee is a Yemen citizen who traveled to Afghanistan via Karachi, Pakistan; Kandahar, Afghanistan and finally to Kabul, Afghanistan.
  2. The detainee decided to travel to Afghanistan to fight the Jihad.
  3. The detainee arrived in Kabul, Afghanistan and stayed in a house owned by the Taliban.
  4. The detainee became a bodyguard for Usama Bin Laden in August 2001.
b. The detainee participated in military operations against the United States and its coalition partners.
  1. The detainee traveled north of Kabul, Afghanistan to a military camp approximately two miles from the front line fighting with the Northern Alliance.
  2. The detainee was issued a Kalashnikov rifle with ammunition.
  3. The detainee was assigned a post, performed guard duty on the front line, and could hear gunshots and fighting in the distance.
  4. The detainee made several trips from the front line to the guesthouse in Kabul, Afghanistan.
  5. The detainee learned about the 11 September 2001 attack on American during his last two months in Afghanistan.
  6. The detainee surrendered to a Pakistani security force at the border.

[edit] testimony

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  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. ^ Summarized transcripts (.pdf), from Samir Naji Al Hasan Moqbel's Combatant Status Review Tribunal - pages 63-69