| Abdul Raham Houari | |
|---|---|
| Born | January 18, 1980 Algiers, Algeria |
| Detained at | Guantanamo |
| Alternate name | Sofiane Haderbache Abdul Raham Hourari Abdul Raham / Haderbache Sofiane Houari |
| ISN | 70 |
| Charge(s) | No charge (extrajudicial detention) |
| Status | Repatriated |
Abdul Raham Houari is a citizen of Algeria who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His Guantanamo Internment Serial Number was 70. The Department of Defense (DoD) reports that he was born on January 18, 1980, in Algiers, Algeria.
In December 2007, he slashed his throat while in the shower, in an attempt to kill himself.[3]
Abdul Raham Houari was transferred to Algeria on July 2, 2008.[4]
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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 tribunal 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.
The allegations Houari faces, during his Tribunal, were:[8]:
- a. The detainee was a member of al Qaida
- The detainee's travels from France to Afghanistan were facilitated by Al-Qaida members.
- He trained at the Malik training camp in Afghanistan.
- The detainee received training in small arms, RPGs and combat tactics.
- He stayed in a house with others undergoing training and all were armed including the detainee.
- b. The detainee engaged in hostilities against US Forces
- When the US Bombing began, the detainee fled to the mountains.
- He was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
- The detainee stated he would kill Americans if released.
Houari participated in his Combatant Status Review Tribunal.[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.[11] The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not 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.
Two copies of the Summary of Evidence memo, prepared for Houari's Administrative Review Board, were released, on March 3 2006 and September 4, 2007.[12]
The following primary factors favor continued detention
- a. The detainee was a member of Al Qaida.
- The detainee’s travels from France to Afghanistan were facilitated by Al Qaida members.
- The detainee trained at the Malik training camp in Afghanistan.
- The detainee received training in small arms, RPGs and combat tactics.
- b. The detainee engaged in hostilities against US forces.
- The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
- The detainee stated he would kill Americans if released.
- The detainee sustained significant combat related injuries.
- Based upon a review of recommendations from US government agencies and classified and unclassified documents, detainee is regarded as a continued threat to United States and its allies.
- Detainee’s Conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guard’s instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked.
- Detainee states that he supports the Taliban belief in a true and complete Islamic state that enforces Islamic law. Detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight jihad with the Taliban. He believes that America is an enemy to Islam.
The following primary factors favor release or transfer
- a. Medical Condition: Detainee’s recorded behaviors, medication history, and utilization pattern of psychiatric services suggest this detainee is regressing.
- b. In his own oral testimony, detainee has repeatedly denied membership to any terrorist group and claimed he did not participate in any fighting and would not kill Americans.
Houari chose to participate in his Administrative Review Board hearing.[13]
Houari's first annual Administrative Review Board recommended, on April 11, 2005, that he should be released or transferred.[14][15] His decision recommendation memos were heavily redacted. But they included the information that no foreign intelligence services had any reason to suggest he was a threat.
On July 3, 2008 Carol Rosenberg of the Miami Herald reported that Abdul Raham Hourari and another Algerian, Mustafa Hamlily were repatriated on July 2, 2008.[16]
On July 29, 2008 it was reported that one of the after-effects of his detention was that he was afraid to leave his house.[17]
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