Walid Said Bin Said Zaid

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Unclassified Summary of Evidence for Administrative Review Board in the case of Walid Said Bin Said Zaid

Walid Said Bin Said Zaid is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo detainee ID is 550. Joint Task Force Guantanamo counter-terrorism analysts reports that Zaid was born in Ta'iz, Yemen, on February 2, 1978.

[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.

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 Walid Said Bin Said Zaid's Combatant Status Review Tribunal, on 14 October 2004.^[2] The memo listed the following allegations against him:

a. The detainee was ^[sic] member of al Qaida:

1. The detainee is a Yemen citizen who was recruited to travel to Afghanistan for Jihad readiness military training.
2. The detainee was financed by a facilitator to travel from Sana'a, Yemen to Dubai, United Arab Emirates, to Karachi, Pakistan, and finally to the al Farouq training camp^[3] in Afghanistan.
3. The facilitator was also a trainer at al Farouq^[3].
4. The detainee arrived at al Farouq^[3] Training Camp in July 2001. Training began in August and included operation and maintenance of the AK-47 assault rifle, the PK machine gun, rocket propelled grenade launcher, tactics, geography and map symbols.

b. The detainee participated in hostilities against the United States and its coalition partners:

1. The detainee sustained multiple injuries as a result of the United States bombings in the Tora Bora Mountains.
2. The detainee was taken to Jalalabad, Afghanistan, for medical care where United States Forces detained him.

[edit] Transcript

Walid Said Bin Said Zaid's Combatant Status Review Tribunal convened on October 26, 2004.^[4] He did not attend his Tribunal, but he did prepare a written statement.^[5] Other captive's written statements were released on March 3, 2006. His statement was released in September 2007 together with document released in response to his habeas corpus petition.^[6]

His Tribunal's President provided a summary of the statement for the Unclassified Summary of Basis for Tribunal Decision^[7]:

Essentially the only unclassified evidence the Tribunal had to consider was the Detainee's unsworn written statement as present by the Personal Representative from his interview with the detainee. The Personal Representative's summary of his interview is attached as Exhibit D-b. In sum, the detainee stated that he was not aware that ########## was associated with al Qaida and htat he never fired upon US forces or their allies. The detainee stated that he did train on the Kalashnikov and the rocket propelled grenade launcher, but did not train in tactics or map reading; that he was recruited in Yemen so he could go to Afghanistan to be a teacher, but he did train at the camp because that's what was expected.

[edit] Walid Said Bin Said Zaid v. George W. Bush

A writ of habeas corpus, Walid Said Bin Said Zaid v. George W. Bush, was submitted on Walid Said Bin Said Zaid's behalf.^[8] In response, on 16 February 2006 the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

His enemy combatant status was confirmed by Tribunal panel 13.

[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".^[9]

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 Walid Said Bin Said Zaid's first annual Administrative Review Board, on 18 February 2005.^[10] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. The detainee expressed interest in fighting the jihad in Palestine and said he would like to go there and fight the jihad if it is still going on when he is released.

b. Training

1. The detainee is a Yemen citizen who was recruited to travel to Afghanistan for jihad readiness military training.
2. The detainee arrived at al Farouq Training Camp in July 2001. Training began in August and included operation and maintenance of the AK-47 assault rifle, the PK machine gun, rocket propelled grenade launcher, tactice, geography and map symbols.

c. Connections/Associations

1. While the detainee was in training at al Farouq, Afghanistan, Usama Bin Laden and a group of guards came to visit.
2. The detainee’s name was on a document listing 324 Arabic names aliases and nationalities recovered from a safehouse raid of suspected al Qaida in Karachi, Pakistan.

d. Intent

1. The detainee sustained multiple injuries as a result of the U.S. bombing campaign in the mountains surrounding Jalalabad. The detainee was taken to a hospital in Jalalabad where he was eventually detained by U.S. forces.
2. The detainee explained the reason he attended training at al Farouq was because he wanted to support the Taliban in their struggle against the Northern Alliance.

e. Other Relevant Data

1. The detainee repeatedly stressed the only reason he supported the Taliban was because he thought they were good Muslims.

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

a.	The detainee claims training was only a prerequisite to obtaining employment in the country of Afghanistan. The detainee claims that he did not know the camp was affiliated with al Qaida or Usama Bin Laden.
b.	The detainee said he has no animosity towards the United States and actually considers his treatment to be fair. The detainee also stated he believees the American involvement in Afghanistan is a good thing as long as the Americans are assisting the Afghan people.

[edit] Transcript

Walid Said Bin Said Zaid's Board was originally to convene on 2 March 2005.^[11] It was postponed because he injured his back playing soccer.

[edit] Walid Said Bin Said Zaid's statement

Walid Said Bin Said Zaid's Assisting Military Officer reading from his notes from their pre-hearing interview told his Board that:

• Walid Said Bin Said Zaid denied that he ever stated he would go and fight jihad if released. Rather he said: "...that the Palestinian people are innocent and they have the right to defend their country."
• Walid Said Bin Said Zaid denied that he traveled to Afghanistan for the purpose of fight for jihad. He had majored in Arabic literature, and hoped he would be able to teach Arabic in an Afghan school. He acknowledged attending a training camp. He said he did so because Afghanistan was dangerous, and he had been advised he would need the training for his own self-defense.
• Walid Said Bin Said Zaid acknowledged receiving weapons training, and learned how to put up at tent at al Farouq. But he clarified he did not receive training on tactics of map reading.
• In response to the allegation that Osama bin Laden visited Al Farouq when he was there Walid Said Bin Said Zaid said: "...that Usama Bin Laden never visited him personally at that camp or any other place."
• Walid Said Bin Said Zaid stated that he had no knowledge of the list of 324 Arabic names.
• Walid Said Bin Said Zaid acknowledged being wounded by American bombing. He said he was wounded while "walking". And, "He surrendered himself to Afghan people in civilian clothes, and they took him to a hospital in Jalalabad. Americans then camp and told them they were going to take him to a place where he could receive better treatment. They took him to Bagram, then Kandahar, and then here to Guantanamo.
• Walid Said Bin Said Zaid confirmed that when he went to Afghanistan he was "...thinking it was a good Muslim country with good Muslim people. He did not know much about the Taliban."
• Walid Said Bin Said Zaid confirmed "...that he had claimed training was only a prerequisite to obtaining employment in Afghanistan, and that he did not know the camp was affiliated with al Qaida or Usama Bin Laden."
• Walid Said Bin Said Zaid confirmed he did not feel "...animosity or hatred towards the American people. He confirmed that his detention in Guantanamo had been "fair and good". He confirmed that he believes America's entry into Afghanistan was a good gesture as long as America was helping the Afghani people with their predicament with the Taliban."
• Walid Said Bin Said Zaid told his Personal Representative that he hopes to return to his home town and find work in his field of literature.

[edit] Response to Board questions

• Walid Said Bin Said Zaid confirmed that he flew to Afghanistan.
• Walid Said Bin Said Zaid estimated that he could earn about $100 a month as an Arabic teacher in Afghanistan.
• Walid Said Bin Said Zaid stated he was at al Farouq for "About a month and one week."
• Walid Said Bin Said Zaid confirmed that while Osama Bin Laden didn't visit him, he did see him at the camp.
• Walid Said Bin Said Zaid confirmed that he did not speak Pashtu.
• Walid Said Bin Said Zaid replied, "Never", when asked: "In three years of Arabic literature studies in college, did you ever learn anything about the Talian?"
• Walid Said Bin Said Zaid stated that he had "looked and looked", but couldn't find a job in Yemen.
• Walid Said Bin Said Zaid stated that the funds for his plane ticket was paid from a loan from Mustapha Sharaby, the person who had advised he go to Afghanistan.
• Walid Said Bin Said Zaid stated he arrived in Afghanistan with one or two hundred dollars and that he hadn't had to pay for his training at al Farouq.
• Walid Said Bin Said Zaid confirmed that he no longer considered the Taliban good Muslims.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Walid Said Bin Said Zaid's second annual Administrative Review Board, on 3 February 2006.^[12] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. The detainee was recruited to go to Afghanistan for training and was introduced to a person who financed and facilitated the detainee's travel to Afghanistan.
2. The detainee traveled voluntarily from Yemen with an associate to Karachi, Pakistan.
3. The detainee stayed in a Taliban guesthouse for four days in Quetta, Pakistan.
4. The detainee spent nine days in a Taliban guesthouse in Kandahar, Afghanistan where his passport, money and other identification was collected.
5. The detainee was taken to the al Farouq training camp and was scheduled to stay there for two months.
6. The detainee explained the reason he attended training at al Farouq was because he wanted to support the Taliban in their struggle against the Northern Alliance.

b. Training

1. The detainee arrived at al Farouq Training camp on approximately 1 August 2001.
2. The detainee trained at al Farouq for six weeks on the Kalashnikov rifle, PK machine gun, RPG, land navigation and combat tactics.
3. The detainee had a firearms instructor and a physical trainer and stated that the instructors often discussed the exploits of the Taliban with the detainees.
4. The detainee's training was interrupted when al Farouq shut down in the wake of the 11 September 2001 attacks.
5. The detainee stated that the camp leaders gave the order to evacuate the camp in anticipation of attacks. The trainees left al Farouq and went to an area of dense woods located in the foothills of the Tora Bora Mountains.

c. Connections/Associations

1. While the detainee was in training at al Farouq, Usama Bin Laden and a group of guards came to visit.
2. The detainee's name was on a document listing 324 Arabic names, aliases and nationalities recovered from a safehouse raid of suspected al Qaida in Karachi, Pakistan.

d. Other Relevant Data

1. The detainee repeatedly stressed the only reason he supported the Taliban was because he thought they were good Muslims.
2. The detainee sustained multiple injuries as a result of the United States bombing campaign in the mountains surrounding Jalalabad. The detainee was taken to a hospital in Jalalabad where he was eventually detained by United States Forces.

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

a.	The detainee claims training was only a prerequisite to obtaining employment in the country of Afghanistan.
b.	The detainee claims that he did not know the camp was affiliated with al Qaida or Usama Bin Laden.
c.	The detainee stated that he has been treated well since he was captured and harbors no ill feelings towards the United States or the Northern Alliance. The detainee only wished to return home and put this part of his life behind him.
d.	The detainee also stated he believes the American involvement in Afghanistan is a good thing as long as the Americans are assisting the Afghan people.
e.	The detainee denies having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denies knowledge of any rumors or plans of future attacks on the United States or United States interests.

[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. ^ 14 October 2004 OARDEC (14 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Zaid, Walid Said Bin Said page 65. United States Department of Defense. Retrieved on 2007-12-19.
3. ^ ^{a b c} The phrase "al Farouq" was redacted in the version of this document released in response to Walid Said Bin Said Zaid's habeas corpus petition.
4. ^ author redacted (date redacted). Combatant Status Review Tribunal Decision Cover Sheet (ISN 550) page 34. OARDEC. Retrieved on 2007-12-20.
5. ^ Peter C. Bradford Lieutenant JAGC, USNR (18 January 2005). Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN 550 page 32. OARDEC. Retrieved on 2007-12-20.
6. ^ Personal Representative (24 October 2004). Interview conducted 24 October 2004: Comments regarding allegations in the unclassified summary: page 42. OARDEC. Retrieved on 2007-12-20.
7. ^ Tribunal panel 13 (18 January 2005). Unclassified Summary of Basis for Tribunal Decision (ISN 550) pages 35-37. OARDEC. Retrieved on 2007-12-20.
8. ^ OARDEC (16 February 2006). Walid Said Bin Said Zaid v. George W. Bush pages 29-43. United States Department of Defense. Retrieved on 2007-12-19.
9. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
10. ^ OARDEC (18 February 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of pages 14-15. United States Department of Defense. Retrieved on 2007-12-20.
11. ^ OARDEC (2 March 2005). Summarized Administrative Review Board Detainee Statement (ISN 550) pages 75-80. United States Department of Defense. Retrieved on 2007-12-20.
12. ^ OARDEC (3 February 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Zaid, Walid Said Bin Said pages 29-31. United States Department of Defense. Retrieved on 2007-12-19.