Fahed Nasser Mohamed

Fahed Nasser Mohamed

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Fahed Nasser Mohamed is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Mohamed's Guantanamo detainee ID number is 013. The Department of Defense reports that Mohamed was born on 1982-02-25, in Abaha. Saudi Arabia.
Contents
[hide]

* 1 Combatant Status Review Tribunal
o 1.1 Confusion over whether the CSRT was a court of law
o 1.2 Allegations
o 1.3 Testimony in response to the allegations
o 1.4 Testimony in response to Tribunal officer's questioning
o 1.5 Reported torture while in custody
o 1.6 Alleged to have met Osama Bin Laden
* 2 Fahed Nasser Mohamed v. George W. Bush
o 2.1 Detainee election form
* 3 Administrative Review Board hearings
o 3.1 First annaual Administrative Review Board hearing
+ 3.1.1 The following primary factors favor continued detention:
+ 3.1.2 The following primary factors favor release or transfer:
+ 3.1.3 Transcript
+ 3.1.4 Mohamed's opening statement
+ 3.1.5 Responses to Board questions
o 3.2 Second annual Administrative Review Board hearing
* 4 References

[edit] 1 Combatant Status Review Tribunal
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. The neutrality of this section is disputed. Please see the discussion on the talk page.
Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[4]
The neutrality of this section is disputed.
Please see the discussion on the talk page.

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 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.

Mohamed chose to participate in his Combatant Status Review Tribunal.[5]

[edit] 1.1 Confusion over whether the CSRT was a court of law

Mohamed expressed confusion over whether the Tribunal was a real court. He was informed it was not a court, it was an administrative procedure.

[edit] 1.2 Allegations

The allegations Mohamed faced during his Tribunal were:[5]

a. The detainee is associated with al Qaida and the Taliban:

1. The detainee was recruited in Mecca, Saudi Arabia, to take part in jihad on or about 26 December 2000.
2. The detainee traveled from his home in Saudi Arabia to Pakistan and crossed the border into Afghanistan.
3. The detainee received small arms training at the al Farouq training camp in Afghanistan.
4. The detainee attended training at al Qaida's al Farouq camp in Afghanistan.
5. The detainee confirmed that he was present during the uprising at the Al Jenke Prison [sic] in Mazar-E-Sharif [sic].
6. Usama Bin Laden visited the al Farouq training camp while the detainee was in training.

[edit] 1.3 Testimony in response to the allegations

Mohamed was allowed to respond to each of the allegations, in turn:

* Mohamed the allegation that he was recruited to take part in jihad in Afghanistan. He acknowledged that a stranger had explained jihad to him, planted the idea of jihad in his mind, given him money to travel to Afghanistan for jihad. But, Mohamed said this man shouldn't be regarded as a recruiter because he didn't actually train him.
* Mohamed acknowledged traveling to Afghanistan for Jihad.
* Mohamed denied attending any training while in Afghanistan. He claimed he changed his mind about participating in jihad. Mohamed said he traveled around Afghanistan, and was in Konduz during the American bombing campaign. The Taliban authorities agreed, when they surrendered, to deliver all Arabs to Mazar-E-Sharif. Mohamed told his Tribunal that he had been administered polygraph tests, that confirmed he was telling the truth.
* Mohamed acknowledged that he was present during the prison uprising, but he did not participate.
* Mohamed denied the allegation that he heard Osama bin Laden deliver a speech while he attended the al Farouq training camp. He denied ever hearing Osama bin Laden, and repeated his denial that he had ever attended the al Farouq training camp.

[edit] 1.4 Testimony in response to Tribunal officer's questioning

* Fahed Nasser Mohamed testified that he was a student, and that the highest level he had completed was high school.
* Fahed Nasser Mohamed said the polygraph had been administered to him in Cuba, about a year previously.
* Fahed Nasser Mohamed acknowledged he had been given a limited amount of training on the Kalashnikov, but he had never been issued a rifle.
* Fahed Nasser Mohamed acknowledged he had accepted some portion of the funds for his travel expenses from a man who had encouraged him to go to Afghanistan to engage in jihad.
* When he was asked why he didn't leave Afghanistan, after he changed his mind about participating in jihad after his arrival Fahed Nasser Mohamed responded that he didn't have enough money to leave, and he was looking for some friends.
* When asked if he had ever been part of, or assisted, al Qaida or the Taliban, Fahed Nasser Mohamed stated that he had not, and asked his Tribunal to consult his polygraph results, so they could see he was telling the truth.

[edit] 1.5 Reported torture while in custody

Mohamed reported that he was tortured into uttering false confessions while he was in Afghan custody.

The Tribunal's President asked Mohamed to confirm that the torture ended when he entered American custody. Mohamed replied: "I was talking to the American and explained to him what was going on and the interrogator got upset and just interrupted the meeting.and said that I was lying."

Main article: Guantanamo detainees who reported abuse while in custody

[edit] 1.6 Alleged to have met Osama Bin Laden

Mohamed is one of the detainees who is alleged to have heard Osama Bin Laden address a group live and in person. Mohamed is alleged to have heard Osama bin Laden speak while he attended the al Farouq training camp. Mohamed denies attending the al Farouq training camp, and denies ever hearing Osama bin Laden.

Main article: Guantanamo detainees alleged to have heard Osama bin Laden

[edit] 2 Fahed Nasser Mohamed v. George W. Bush

Fahed Nasser Mohamed had a writ of habeas corpus filed on his behalf.[6] The unclassified dossier of documents prepared for his Combatant Status Review Triubnal was 21 pages long. His Tribunal convened on 2004-10-14.

[edit] 2.1 Detainee election form

One of the documents in the unclassified dossier was the detainee election form prepared by Fahed Nasser Mohamed's Personal Representative during a meeting with him on 2004-10-08.[7] They met for eighty minutes.

[edit] 3 Administrative Review Board hearings
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".[8]

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] 3.1 First annaual Administrative Review Board hearing

The factors for and against continuing to detain Fahed Nasser Mohamed were among the 121 that the Department of Defense released on 2006-03-03.[9]

[edit] 3.1.1 The following primary factors favor continued detention:

a. Commitment

1. The detainee was recruited in December 2000, in Mecca, Saudi Arabia, to take part in jihad.

b. Training

The detainee received small arms training at the al Farouq training camp in Afghanistan.

'c. Connections/Associations

1. The detainee admitted under duress that he was an al Qaida and had met Usama Bin Laden.
2. After arriving in Afghanistan, the detainee worked or stayed in at least five Taliban guesthouses and had knowledge of two other guesthouses.
3. Usama Bin Laden visited the al Farouq training camp while the detainee was in training.
4. The detainee shared a tent with an al Qaida operative while at al Farouq training camp. During that time, they often discussed jihad.

d. Intent

1. The detainee traveled from his home in Saudi Arabia to Pakistan and crossed the border in Afghanistan.
2. The detainee escaped during the second night of the Mazar-e-Sharif uprising, but was shot and recaptured by Northern Alliance soldiers.
3. The individual who recruited the detainee said that he could be trained and sent to Palestine to fight in the Jihad. The detainee invited three of his friends from his hometown in Saudi Arabia to go with him.

e. Other Relevant Data

The detainee confirmed that he was present during the uprising at the al Jenke Prison in Mazar-e-Sharif.

[edit] 3.1.2 The following primary factors favor release or transfer:

a. The detainee stated he has never made bombs or met anyone who manufactures bombs. The detainee denied knowing or associating with any terrorist The detainee also stated he has never collected or been asked to collect information against the United States.
b. The detainee stated he was never involved in any fighting in Afghanistan.
c. The detainee denied attending a terrorist camp training.

[edit] 3.1.3 Transcript

Mohamed chose to participate in his Administrative Review Board hearing.[10]

[edit] 3.1.4 Mohamed's opening statement

Mohamed's transcript records that this opening statement was read, on his behalf, by his Assisting Military Officer:

"I never attended al-Farouq or any other training camp; I know nothing of supporting Palestinians; I never met Usama bin-Laden; He does not believe in the CSRT or the ARB processes, it is 'all a film;' The USA is sure that I am innocent, I'm just being held for a political cause; We (ARB Members) are all in official uniforms, but we are ail like a mafia gang; a polygraph test proved that I'm not al-Qaida, and never at a training camp."

Mohamed added that the only part in the factors that was true was that he traveled from Saudi Arabia to Afghanistan -- for religious purposes.

[edit] 3.1.5 Responses to Board questions

* Mohamed confirmed that he had intended to fight jihad, when he arrived in Afghanistan, but he changed his mind when he discovered the Afghans were engaged in un-Islamic practices, such as worshiping graves.
* Mohamed testified he never engaged in hostilities.
* Mohamed confirmed that he was shot when he tried to surrender to the Northern Alliance.
* Mohamed confirmed he was present at the uprising at the Al Janki prison in Mazari Sharif.
* Mohamed said he ended up in Mazari Sharif when he thought there was an agreement between the Taliban and the Northern Alliance to return the Arabs in the Konduz area to Kandahar. He boarded a truck to take him to Kandahar, but Dostum had tricked them, took them into custody, and sold them, for a bounty to the Americans.
* Mohamed confirmed that he did not consider himself a threat to the USA.

[edit] 3.2 Second annual Administrative Review Board hearing
Wikisource has original text related to this article:
Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammed, Fahed Nasser (2006-10-03)

A Summary of Evidence memo was prepared for his second annual Administrative Review Board, 2006-10-03.[11]

[edit] 4 References

1. ^ list of prisoners (.pdf), US Department of Defense, 2006-05-15
2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, 2004-11-11 - mirror
3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, 2004-12-11
4. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (2007-03-06). Retrieved on 2007-09-22.
5. ^ a b Summarized transcripts (.pdf), from Fahed Nasser Mohamed's Combatant Status Review Tribunal - pages 83-87
6. ^ "Fahed Nasser Mohamed v. George W. Bush", United States Department of Justice, 2005-05-19, pp. 71-91. Retrieved on 2007-10-22.
7. ^ "Detainee election form", OARDEC, 2004-10-08, p. 87. Retrieved on 2007-10-22.
8. ^ Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday 2006-03-10, pp. 1. Retrieved on 2007-10-12.
9. ^ Factors for and against the continued detention (.pdf) of Fahed Nasser Mohamed Administrative Review Board - pages 108-109 - 2005-03-31
10. ^ Summarized transcript (.pdf), from Fahed Nasser Mohamed's Administrative Review Board hearing - pages 40-45
11. ^ OARDEC (2006-10-03). Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammed, Fahed Nasser 20-22. United States Department of Defense. Retrieved on 2007-10-22.

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This page was last modified 02:35:55, 2007-10-23. All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.)
Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c)(3) tax-deductible nonprofit charity.