Abd Al Aziz Sayer Uwain Al Shammeri

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Abdulaziz Sayer Owain al Shammari
Born 1973 (age 50–51)
Al Fahahil, Kuwait
Other names
  • Abdulaziz Sayer Owain al Shammari,
  • Abd al Aziz Sayer Uwain al Shammeri,
  • Abd al Aziz Sayir al Shamari

Abdulaziz Sayer Owain al Shammari is a Kuwaiti citizen formerly in extrajudicial detention at the United States Guantánamo Bay detainment camps, in Cuba.[1] His Guantanamo Internment Serial Number was 217.[2] The Department of Defense reports that Al he was born on September 23, 1973, in Al Fahahil, Kuwait.

Al Shammari was captured in Pakistan and was transferred to Kuwait on November 2, 2005.[3]

Inconsistent identification

Abd Al Aziz Sayer Uwain al-Shammeri was identified inconsistently on official Department of Defense documents:

  • He was named Abd Al Aziz Sayer Uwain Al Shammeri had his full unclassified dossier released through a Freedom of Information Act request.
  • He was named Abd Al Aziz Sayer Uwain Al Shammeri was listed on the official list released on April 20, 2005.[4]
  • He was named Abd Al Aziz Sayir Al Shamari was listed on the official list released on May 15, 2006.[2]
  • The Department of Defense transliterates Al Shammeri's name nine different ways:[5]
name page document
Abd Al Aziz Sayer Uwain Al Shammeri 1 Declaration of James R. Crisfield, CSRT Legal Advisor
Abd Alaziz Sayir Shamari 10 unclassified summary of basis for tribunal decision
Abd Al Aziz Sayer Al Shammri 18 unsworn detainee statement (csrt)
Abd Al Aziz Sayer Al Shammeri 19 unsworn detainee statement (csrt)
Abd Al Aziz Sayer Uwaln Al Shammeri 28 Summary of Evidence (CSRT)
Abdulaziz Sayer Owain AI-Shammari 3
Abd Alaziz Sayir al Shamari 32 answers to the questions for the family of Abd Alaziz Sayir al Shamari
Abdulaziz Sayer Owain Zaher Al-Shammari 35 State of Kuwait Civil ID Card
Abd Al Aziz Sayer A1 Shammri 61 Al Shammeri's written statement

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3x5 trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[6][7] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[8]

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[9] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[9]

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.[10][11] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 24 June 2005.

The assessment and recommendation memo stated:

  • The detainee is a habeas petitioner in the case of Al-Odah v. Bush Civil No. 02-0828 (D.D.C.). As of the date of this memorandum, no court order requires the government to provide the detainee's counsel or the court notice prior to removing the detainee from U.S. Naval Base Guantanamo Bay.

Al Odah v. United States

Abd Al Aziz Sayer Uwain Al Shammeri was among the eleven captives covered in the July 2008 "Petitioners' Status Report" filed by David J. Cynamon in Al Odah v. United States on behalf of the four remaining Kuwaiti prisoners in Guantanamo. Seven other prisoners were amalgamated to the case, which charged that none of the men had been cleared for release, even though the government had completed factual returns for them—and those factual returns had contained redacted sections.[12]

The decision, striking down the Military Commissions Act, was handed down on June 12, 2008.[13][14]

Repatriation and Kuwaiti incarceration

Al Shammeri was repatriated to Kuwait on November 4, 2005.[15]

Al Shammeri, and four other Kuwaitis released when he was, stood trial in a Kuwaiti court, and were acquitted of all charges.[16]

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban.[16]

Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relations with friendly nations.

The detainees' defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them. Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Al Shammeri's trial began in March 2006, and he was acquitted on July 22, 2006.[17]

In October 2011 Jenifer Fenton, of CNN, interviewed Al Shammeri and Fouad al Rabiah at the house of Khaled al Odah, the father of Fouzi al Odah, one of the two remaining Kuwaiti captives in Guantanamo.[18] Al Shammeri and other Kuwaiti captives regularly meet at Al Odeh's house, to lend one another moral support. Fenton reported that Al Shammeri described to her how he traveled to Afghanistan to help provide humanitaria aid.

References

  1. Unclassified dossier, from Abd Al Aziz Sayer Uwain Al Shammeri's Combatant Status Review Tribunal
  2. 2.0 2.1 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. Archived from the original on 30 September 2007. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  3. "Abdulaziz Sayer Owain al Shammari - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/217-abdulaziz-sayer-owain-al-shammari. 
  4. OARDEC (2006-04-20). "List of detainees who went through complete CSRT process". United States Department of Defense. Archived from the original on 26 July 2008. http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf. Retrieved 2008-07-26. 
  5. "Unclassified dossier from Abd Al Aziz Sayer Uwain Al Shammeri's Combatant Status Review Tribunal". Office for the Administrative Review of Detained Enemy Combatants. October 15, 2005. http://wid.ap.org/documents/detainees/abdalazizalshammeri.pdf. Retrieved 2007-06-27. 
  6. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  7. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  8. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. Archived from the original on 29 September 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  9. 9.0 9.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." 
  10. OARDEC (May 5, 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 217". United States Department of Defense. pp. pages 95–100. Archived from the original on 13 March 2008. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#95. Retrieved 2008-03-13. 
  11. OARDEC (23 June 2005). "Administrative Review Board assessment and recommendation ICO ISN 217". United States Department of Defense. pp. pages 83–84. Archived from the original on 13 March 2008. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#93. Retrieved 2008-03-13. 
  12. David J. Cynamon (2008-08-19). "Guantanamo Bay Detainee Litigation: Doc 88 -- petitioners' status report" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/88/0.pdf. Retrieved 2008-08-23.  mirror
  13. Stout, David. The New York Times, Justices Rule Terror Suspects Can Appeal in Civilian Courts, June 13, 2008
  14. Transcript of Supreme Court oral arguments for Boumediene v. Bush (No. 06-1195) and Al Odah v. US (06-1196)
  15. Kuwaitis released from Guantanamo, BBC, November 4, 2005
  16. 16.0 16.1 Kuwaiti court acquits ex-Guantanamo prisoners. Independent Online (South Africa), May 22, 2006
  17. Kuwait's Gitmo men acquitted - again, Kuwait Times, July 23, 2006
  18. Jenifer Fenton (2011-10-28). "Former Guantanamo inmates tell of confessions under 'torture'". CNN. http://www.cnn.com/2011/10/28/world/meast/guantanamo-former-detainees/. Retrieved 2011-10-29. "Al Shammeri, 37, also said he traveled to Afghanistan in October 2001 for charitable reasons -- to teach Islamic law in Afghanistan. His life was "normal" before Guantanamo. He was married and had two children, who in 2001 were six and two years old."  mirror