Sharif Fati Ali Al Mishad

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Sharif Fati Ali Al Mishad is a citizen of Egypt held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 190. Joint Task Force Guantanamo analysts report he was born on December 14, 1976, in Shabin El Kom, Egypt.

Contents

[edit] Identity

Captive 190 was identified inconsistently on official Department of Defense documents:

[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 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] Allegations

The Summary of Evidence memo presented to Sharif Fati Ali Al Mishad's Tribunal, on December 8, 2004, listed the following allegations[11][7]:

  1. The detainee traveled to Afghanistan from Italy via Iran in July 2001.
  2. The detainee stayed in Wazir Akbar Khan neighborhood in Kabul, Afghanistan.
  3. The detainee stayed at a Taliban safe house.
  4. The detainee received an AK-47 and bullets from the Taliban.
  5. The Taliban provided the detainee's transportation to the front lines.
  6. The detainee reproduced videos of the USS COLE bombing and sold them in Afghanistan.
  7. The detainee met, traveled with, and was arrested with a senior al Qaida operative.
  8. The detainee allegedly interrogated and tortured an accused spy in Afghanistan.
  9. The detainee allegedly provided training in urban warfare in Khost, Afghanistan.
  10. The detainee's alias matches that of a well-known representative for Arab fighters at an Arab guest house in Bosnia who were to receive weapons training at an Islamic extremist training camp.

[edit] Detainee election form

The Personal Representative's comment section of the Detainee election form stated[12]:

Detainee did not request any witnesses or documents.
Detainee will not attend the tribunal. He is an IA [sic]
Detainee stated "Everything is False/not true"

[edit] Sharif Fathim Al Mushad v. George Walker Bush

A writ of habeas corpus was submitted on Sharif Fathim Al Mushad's behalf.[9] In response, on 16 August 2005 the Department of Defense released 17 pages of unclassified documents related to is Combatant Status Review Tribunal.

On December 15, 2004 Tribunal panel 25 confirmed that he was an "enemy combatant".[9]

[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".[13]

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 Sharif Fati Ali Al Mishad's first annual Board hearing on October 5, 2005.[8]

[edit] Transcript

There is no record that Sharif Fati Ali Al Mishad participated in his Administrative Review Board hearing.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Sharif Fathim Al Mushad's second annual Administrative Review Board, on 13 September 2006.[10] The memo listed factors for and against his continued detention.

[edit] Transcript

There is no record that Sharif Fathim Al Mushad participated in his Administrative Review Board hearing.

[edit] References

  1. ^ a b list of prisoners, US Department of Defense, May 15, 2006
  2. ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
  3. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  4. ^ OARDEC (August 8, 2007). Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. United States Department of Defense. Retrieved on 2007-09-29.
  5. ^ 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.
  6. ^ 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.
  7. ^ a b OARDEC (August 8, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali pages 99-100. United States Department of Defense. Retrieved on 2007-10-06.
  8. ^ a b OARDEC (October 5, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mishad, Sharif Fata Ali pages 25-27. United States Department of Defense. Retrieved on 2007-10-06.
  9. ^ a b c Sharif Fathim Al Mushad v. George Walker Bush pages 46-62. United States Department of Defense (16 August 2005). Retrieved on 2007-12-12.
  10. ^ a b OARDEC (13 September 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mushad, Sharif Fathim pages 84-87. United States Department of Defense. Retrieved on 2007-12-12.
  11. ^ OARDEC (December 8, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali pages 58-59. United States Department of Defense. Retrieved on 2007-10-06.
  12. ^ OARDEC (December 11, 2004). Detainee election form pages 56-57. United States Department of Defense. Retrieved on 2007-10-06.
  13. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.