Deleted:Issam Hamid Al Bin Ali Al Jayfi

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Issam Hamid Al Bin Ali Al Jayfi
Other names Issam Hamid Ali Bin Al Jayfi

Issam Hamid Al Bin Ali Al Jayfi is a citizen of Yemen best known for the time he spent in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] Al Jayfi's Guantanamo Internment Serial Number was 183. Joint Task Force Guantanamo counter-terrorism analysts reports that Al Jayfi was born on September 1, 1979, in Sada, Yemen.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were usually held in a trailer.

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Issam Hamid Ali Bin Al Jayfi's Combatant Status Review Tribunal, on 12 January 2005.[2] The memo listed the following allegations against him:

a The detainee is associated with al Qaida:
  1. The detainee was told that the Saudi Arabian and Yemeni governments had issued Fatwahs to the jihad in Afghanistan.
  2. The detainee voluntarily traveled to Afghanistan from Yemen via Pakistan in August 2001.
  3. The detainee believes that a jihad recruiter and financier obtained his passport and paid for his travel to Afghanistan.
  4. The detainee stayed at a guesthouse in Kabul for seven weeks.
  5. The detainee stayed at a guesthouse in Jalalabad for one month.
  6. The detainee advised that he was provided his accommodation, food and necessities at no cost.
  7. The detainee has familial ties to an individual who was scheduled to travel to California/San Francisco with associates of the September 11 hijackers.
  8. The detainee’s telephone number was found in the pocket litter of another detainee along with the telephone number of a Mujahideen who trained at an al Qaida camp and extensive notes on electronic and radio theory.
b The detainee participated in military operations against the coalition.
  1. The detainee most likely carried an AK-47 rifle in Afghanistan.
  2. The detainee joined the Taliban forces for approximately one month before Kabul fell to the Northern Alliance.
  3. The detainee surrendered to Dostum Forces at Mazar-E-Sharif without identification documents.

Transcript

Al Jayfi chose to participate in his Combatant Status Review Tribunal.[3]

Administrative Review Board hearing

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".[4]

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Issam Hamid Ali Bin Al Jayfi's Administrative Review Board, on 11 July 2005.[5] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee's travel to Afghanistan was facilitated and paid for by Sami Ahmed, also known as Ahmad Al-Sharjib, who suggested they travel to Afghanistan.
  2. The detainee joined the Taliban Forces for a month prior to the Northern Alliance seizing Kabul.
b. Connectons/Associations
  1. The detainee stayed at a guesthouse in Kabul for approximately seven weeks. The guesthouse was operated by Abdul Rahman.
  2. Abdul Rahman is a Harakat Al-Mujahadin Operative based in Islamabad. He is responsible for transporting foreign Arabs to and from Kashmir.
  3. The radical Islamic group, Harakat Al-Mujahadin is based in Jalalabad and has extensive ties to the al Qaida terrorist organization as is know to help Arabs escape Afghanistan.
  4. The detainee stayed at the Tunisian guesthouse in Jalalabd, Afghanistan.
  5. The Tunisian guesthouse is a meeting place, supply storage area, and hospital facility for Afghan and Arab fighters.
  6. The detainee has family ties to an individual who was scheduled to travel to San Francisco, California with associates of the 11 September hijackers Khalid Al-Midhar and Nawaf Al-Hazmi.
c. Other Relevant Data
  1. The detainee passed through the Pakistani cities of Karachi and Quetta, and proceeded through Kandahar, Afghanistan, before ultimately arriving in Kabul, Afghanistan.
  2. Sharjabi recommended that the detainee go to Afghanistan in order to experience a truly Islamic and beautiful country. The promise of beautiful women and adventure were other incentives.
  3. Sharjabi did not mention jihad to the detainee until after they were in Afghanistan.
  4. The detainee may have carried an AK-47 for protection while fleeing Afghanistan.

The following primary factors favor release or transfer

a. The detainee stated that he did not go to Afghanistan to fight the Northern Alliance.
b. The detainee denied that he had a Kalashnikov rifle that was seized from his person [sic] when he was detained in Pakistan.
c. The detainee maintains that he is innocent and advises that he was "anything but" a pioous Muslim due to his penchant for "chasing women" and partying.
d. The detainee stating that he joined the Taliban.
e. The detainee was unable to explain what his plans would be if released, but stated that he does not want to return to Yemen. He does not feel safe in Yemen with tribal rivalry and asked the Red Cross (ICRC) about political asylum.

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 Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on October 22, 2005.

Repatriation

Yemen's President, Ali Abdullah Saleh, demanded the release of the remaining Yemenis held in Guantanamo on December 23, 2006. [8] The Yemen Observer identified Mohammed Ahmed al-Asadi, Esam Hamid al-Jaefi and Ali Hussain al-Tais as three of the six Yemeni who had been repatriated the previous week. Al Asadi, the first of the six men to be released, on December 29, 2006, was asked to sign an undertaking promising to refrain from armed activity.[9] On January 7, 2007 the Yemen Times identified two of the three remaining men as Tawfiq Al-Murwai and Muhassen Al-Asskari.[10] Yemen's President, Ali Abdullah Saleh, said the men would be released as soon as Yemeni authorities had cleared them.

Habeas corpus submissions

Al Jayfi is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by US District Court Judge Reggie B. Walton on January 31, 2007.[11]

References

  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" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. OARDEC (12 January 2005). "Summary of Evidence for Combatant Status Review Tribunal -- Al Jayfi, Issam Hamid Ali Bin". United States Department of Defense. pp. pages 89–90. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#89. Retrieved 2007-12-07. 
  3. Summarized transcripts (.pdf), from Issam Hamid Al Bin Ali Al Jayfi'sCombatant Status Review Tribunal - pages 13-22
  4. Spc Timothy Book (March 10, 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. 
  5. OARDEC (11 July 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Jayfi, Issam Hamid Ali Bin". United States Department of Defense. pp. pages 11–12. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#11. Retrieved 2007-12-07. 
  6. OARDEC (17 August 2005). "Administrative Review Board assessment and recommendation ICO ISN 183". United States Department of Defense. pp. page 59. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#59. Retrieved 2007-12-07. 
  7. OARDEC (October 22, 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 183". United States Department of Defense. pp. pages 60–66. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#60. Retrieved 2007-12-07. 
  8. Nasser Arrabyee (December 23, 2006). "Saleh demands release of Guantanamo detainees". Yemen Observer. http://www.yobserver.com/article-11423.php. Retrieved 2006-12-29.  [dead link]
  9. Nasser Arrabyee (December 29, 2006). "Guantanamo detainee released". Gulf News. http://archive.gulfnews.com/articles/06/12/29/10092755.html. Retrieved 2006-12-29. 
  10. "Ex-Guantanamo detainees in detention". Yemen Times. January 7, 2007. http://yementimes.com/article.shtml?i=1014&p=local&a=1. Retrieved 2007-01-08. 
  11. Reggie B. Walton (January 31, 2007). "Gherebi, et al. v. Bush" (PDF). United States Department of Justice. http://www.pegc.us/archive/In_re_Gitmo/order_RBW_20070131.pdf. Retrieved May 19, 2007.