| Jamil Ali Al Kabi | |
|---|---|
| Born | 1973 (age 38–39) Mecca, Saudi Arabia |
| Detained at | Guantanamo |
| ISN | 216 |
| Charge(s) | No charge (held in extrajudicial detention) |
| Status | Repatriated |
Jamil Ali Al Kabi is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 216. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1973, in Mecca, Saudi Arabia. Jamil Ali al Kabi was repatriated without charges on December 28, 2007.[2]
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Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.
A Summary of Evidence memo was prepared for Jamil Ali Al Kabi's Combatant Status Review Tribunal, on 16 November 2004.[6] The memo listed the following allegations against him:
- The detainee is associated with al Qaida:
- The detainee traveled to Afghanistan from Saudi Arabia via Indonesia, Malaysia, and Pakistan.
- The detainee lived in Da'wa el Tabligh mosques in Indonesia, Malaysia and Pakistan.
- Al Da'wa el Tabligh is most likely identifiable with Jamaat Al Tabligh, a Pakistan based Islamic missionary organization that is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
- The detainee appears to have turned himself in to Pakistani authorities.
- The detainee admitted living and working with Luqman in Indonesia.
- Luqman is an alias of a senior al Qaida facilitator.
- The detainee was captured with seven passport-size photographs.
- One of the variants of the detainee's name was recovered from computer floppy disks obtained during a raid on an al Qaida-associated safehouse in Pakistan.
- One of the variants of the detainee's name and the contents of his trust account was recovered from computer media obtained during a raid on an al-Qaida associated safe house in Pakistan.
There is no record that Jamil Ali Al Kabi participated in his Combatant Status Review Tribunal.
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.
A Summary of Evidence memo was prepared for Jamil Ali Al Kabi's first annual Administrative Review Board, on 13 October 2005.[8] The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
- a. Commitment
- The detainee traveled to Afghanistan from Saudi Arabia via Indonesia, Malaysia, and Pakistan.
- The detainee claims he traveled to Afghanistan for the Da'wa and claims that he has been on a Da'wa once before in 1999 in Lahore. The Da'wa is similar to a mission conduect by other religions.
- b. Connections/Associations
- The detainee admitted living and working with Luqman in Indonesia.
- Luqman is an al Qaida Senior Facilitator who was arrested on 04 October 2002. Luqman had been the number one target inside of Saudi Arabia for several months and had been the subject of a massive manhunt.
- One of the variants of the detainee's name was recovered from computer floppy disks obtained during a raid on a suspected al Qaida-associated safe house in Pakistan.
- One of the variants of the detainee's name and the contents of his trust account was recovered from computer media obtained during a raid on an al Qaida associated safe house in Pakistan.
- c. Other Relevant Data
- While in Kabul, Afghanistan, the detainee was told that the Northern Alliance Forces were advancing and would be soon arriving in Kabul. The detainee and his companions decided to leave. They moved to a village outside of Jalalabad and after a month's time, paid a guide to take them over the border into Pakistan.
- The detainee turned himself into the Pakistan Police and was turned over to United States Forces.
- The detainee was captured with seven passport size photographs.
The following primary factors favor release or transfer
- a. The detainee appeared truthful when he claimed that he believed that the Pakistan Police would help him find the Saudi Arabian Embassy in Pakistan.
- b. The detainee claimed to have had no contact with the Taliban or al Qaida and denied membership in either organization.
- c. The detainee stated that he was never recruited to fight with the Taliban or al Qaida and has never heard of a fatwa issued in Saudi Arabia or anywhere else against the United States or its citizens.
- d. The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th, 2001 and denied knowledge of any rumors of plans of future attacks on the United States or it's interests.
- e. The detainee states if he was to be released, he would return to his home.
A Summary of Evidence memo was prepared for Jamil Ali Al Kabi's second annual Administrative Review Board, on 31 August 2006.[9] The memo listed 19 factors favoring continued detention under the heading "commitment", 3 factors favoring detention under the heading "Other Relevant Data", and six factors favoring release or transfer.
A captive named "Jameel Ali Al-Kaabi" was repatriated on December 29, 2007, with nine other men.[10][11][12][13]
On January 9, 2009 the Department of Defense published the records for the third set of Administrative Review Board hearings, conducted in 2007 and early 2008.[14] According to those records no review was scheduled for Al Kabi in 2007. According to the records of the 2005 and 2006 Board hearings, those boards had not recommended his repatriation.[15][16] Al Kabi was repatriated in spite of the Office for the Administrative Review of Detained Enemy Combatants recommending his continued detention in US custody.
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