Ali Muhammed Nasir Mohammed

Ali Muhammed Nasir Mohammed is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Mohammed's Guantanamo Internment Serial Number was 172. The official list of detainee names released on May 15, 2006 says he was born on December 1, 1982, in Jeddah, Saudi Arabia.

Combatant Status Review Tribunal

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Ali Muhammad Nasir Muhammad Said's Combatant Status Review Tribunal, on 8 August 2004.^[2] The memo listed the following allegations against him:

a. The detainee is a Taliban fighter:

1. The detainee admitted he affiliated himself with the Taliban.
2. The detainee voluntarily traveled from Yemen to Afghanistan in 2001.
3. When the detainee arrived in Afghanistan, he stayed at house used by Taliban fighters.

b. The detainee participated in military operations against the coalition.

1. The detainee served on the frontlines and as a rear guard in AF, where he carried an AK-47.
2. Following the U.S. bombing campaign in AF, the detainee fled to the Tora Bora Region.
3. The detainee escapted into Pakistan, where he was captured by Pakistani guards.

Transcript

There is no record that Mohammed participated in his Combatant Status Review Tribunal.

Administrative Review Board hearing

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 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Ali Muhammad Nasir Muhammad Said's Administrative Review Board, on 9 December 2004.^[3] The memo listed factors for and against his continued detention. The factors for and against continuing to detain Ali Muhammed Nasir Mohammed were among the 120 that the Department of Defense released on March 3, 2006.^[4]

The following primary factors favor continued detention

a. The detainee is a Taliban fighter:

1. The detainee admitted he affiliated himself with the Taliban.
2. The detainee voluntarily traveled from Yemen to Afghanistan in 2001.
3. When the detainee arrived in Afghanistan, he stayed at house used by Taliban fighters.

b. The detainee participated in military operations against the coalition.

1. The detainee served on the frontlines and as a rear guard in AF, where he carried an AK-47.
2. Following the U.S. bombing campaign in AF, the detainee fled to the Tora Bora Region.
3. The detainee escaped into Pakistan, where he was captured by Pakistani guards.

c. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and it’s Allies.

1. Detainee’s overall behavior has been generally compliant and non-aggressive. However, on 30 July 2004, detainee and several others were singing songs that encouraged resistance to the Joint Task Force (JTF) mission and praising praised Usama Bin Laden for his actions. On 27 February 2003, detainee threw water on guards.
2. Detainee stated during his initial interviews he lied about attending a terrorist training camp because he was not sure who else has trained at the camp and he did not want to be labeled as a terrorist. Detainee now admits that the attended the training camp for approximately 40 to 45 days.

The following primary factors favor release or transfer

Enemy Combatant in his own oral testimony denied knowledge that the Taliban were fighting the United States. Admitted traveling from Yemen to Afghanistan just to visit and to see what was going on with the brothers fighting the Northern Alliance there.

Transcript

An eight page summarized transcript from the unclassified session of his Board hearing was released in the spring of 2006.^[5]

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.^[6][7] The review board convened on January 13, 2005. The Board's recommendation was unanimous. The Board's recommendation was redacted. The Board's recommendation was forwarded to England on June 17, 2005, who authorized transfer that same day.

Ali Muhammed Nasir Mohammed was repatriated 27 months later, on September 28, 2007.^[8]

References

External links

• The Anonymous Victims Of Guantánamo: Eight More Wrongly Imprisoned Men Are Quietly Released Andy Worthington