User:Geo Swan/Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9KU-000552DP (S)

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JTF-GTMO-CDR 15 April 2008

MEMORANDUM FOR Commander, United States Southern Command, 3511 NW 9lst Avenue, Miami, FL 33172

SUBJECT: Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9KU-000552DP (S)

JTF-GTMO Detainee Assessment

(S) Personal Information:

  • JDIMS/NDRC Reference Name: Faez Mohammed Ahmed al-Kandari
  • Current/True Name and Aliases: Fayiz Muhammad Ahmad Jamal Muhammad al-Kandari, Abu Khalid, Khalid al-Kuwaiti, Shaykh Fayiz al-Kuwaiti, Umar Muhammad Amin al-Kandari, Abu Hasan al-Arabi
  • Place of Birth: Kuwait City, Kuwait (KU)
  • Date of Birth: 3 June 1977
  • Citizenship: Kuwait
  • Internment Serial Number (ISN): US9KU-000552DP

(U//FOUO) Health:

Detainee is in good health.

(U) JTF-GTMO Assessment:

a. (S) Recommendation: JTF-GTMO recommends this detainee for Continued Detention Under DoD Control (CD). JTF-GTMO previously recommended detainee for Continued Detention Under DoD Control (CD) on 22 May 2007.

b. (S//NF) Executive Summary: Detainee is assessed to be a committed member of al-Qaida who served as advisor and confidant to Usama Bin Laden (UBL). Detainee has numerous connections to senior al-Qaida members and was an influential religious figure for al-Qaida fighters in Afghanistan. Detainee also provided ideological training to al-Qaida trainees at the al-Faruq Training Camp and the Islamic Institute in Kandahar. Detainee was an al-Qaida propagandist who produced and distributed multimedia recruitment material and wrote newspaper articles paying tribute to the 11 September 2001 hijackers. Detainee is assessed to have had advanced, though probably limited, knowledge of the 11 September 2001 attacks. Detainee has issued fatwas (religious edits) at JTF-GTMO, promoting suicide and deadly attacks against JTF-GTMO personnel, and is assessed to have participated in hostilities against US and Coalition forces in UBL’s Tora Bora Mountain complex. Detainee is listed on an al-Qaida affiliated document, received basic and advanced training at al-Qaida associated training camps in Afghanistan, and has a history of participating in violent militant Islamic activities. JTF-GTMO determined this detainee to be:

  • A HIGH risk, as he is likely to pose a threat to the US, its interests, and allies
  • A MEDIUM threat from a detention perspective
  • Of HIGH intelligence value

c. (S//NF) Summary of Changes: The following outlines changes to detainee’s assessment since the last JTF-GTMO recommendation. (Changes in this assessment will be annotated by .. next to the footnote.)

(U) Detainee’s Account of Events:

The following section is based, unless otherwise indicated, on detainee’s own account. These statements are included without consideration of veracity, accuracy, or reliability.

a. (S//NF) Prior History: Detainee graduated from high school in 1995.[2] From 1996 to 1998, detainee was an imam (prayer leader) in the Sabah al-Salam Mosque in Kuwait City.[3] He visited Pakistan (PK) and Afghanistan for the first time in 1997 and 1998 to distribute money for charities. Detainee has traveled to Bosnia, Croatia, Bahrain, and Saudi Arabia.[4] Prior to his second trip to Afghanistan in 2001, detainee attended al-Imam Hared Bin Saud University in the United Arab Emirates (AE) where he studied Sharia (Islamic law) and the Koran.[5]

b. (S//NF) Recruitment and Travel: In June 2001, detainee left Kuwait with 6,000 to 7,000 Kuwaiti dinars (approximately $19,800 to $23,100 US), and traveled to Saudi Arabia where he purchased Islamic books. Detainee passed through Bahrain to see his parents, then continued to Karachi, PK. From Karachi, he took a taxi to Quetta, PK, and then continued to Kandahar, AF where he stayed for two days. After resting he continued to Kabul, AF.[6]

c. (S//NF) Training and Activities: In Kabul, detainee went to the office of the nongovernmental organization (NGO) al-Wafa and asked where he could make a charitable donation of 6,000 to 7,000 Kuwaiti dinars from his family. At the al-Wafa office, he met Anas al-Kandari, a relative who had received training at the Libyan Camp in Afghanistan.[7] The al-Wafa director, Abdallah Aydhah Abdallah al-Matrafi, ISN US9SA-000005DP (SA- 005, transferred) assisted detainee with his search for a temporary residence, where detainee stayed for about one week before departing Kabul.[8] Detainee went to a needy village located forty miles from Kabul around the beginning of September 2001. He stayed there for one to two months until the US bombing campaign had begun. Detainee returned to the al-Wafa office in Kabul but found it closed.[9] He then departed Kabul and headed to Jalalabad, AF where he met Saudi national Abu Ali al-Qasim. Detainee stayed at al-Qasim’s home for two days.[10] He and al-Qasim then fled to a village in the Tora Bora Mountains of Afghanistan near Jalalabad.[11] Detainee was given an AK-47 assault rifle and instructions on how to use it. [12]

(U) Capture Information:

a. (S//NF) UBL appointed Ali Muhammad Abd al-Aziz al-Fakhri, ISN US9LY-000212DP (LY-212) as military commander in Tora Bora. In mid-December 2001, LY-212 arranged for Afghan guides to lead the fighters out of Tora Bora into Pakistan to escape.[13] Unidentified Afghans captured detainee while he was heading down the Tora Bora Mountains into Pakistan. Detainee was taken to Jalalabad and imprisoned with other Arabs. Detainee was later transported to Kabul, Bagram, and then to Kandahar where he was transferred into US custody.[14]

b. (S) Property Held: None


c. (S) Transferred to JTF-GTMO: 1 May 2002


d. (S//NF) Reasons for Transfer to JTF-GTMO: To provide information on the following:

the Tora Bora Mountains

(S//NF) Evaluation of Detainee’s Account:

Detainee’s account is only partially truthful. Detainee has denied or downplayed key associations to senior al-Qaida personnel including UBL, UBL’s spokesman, facilitators, and operatives linked to attacks against US citizens. Detainee is reported to have traveled to Afghanistan on several occasions, but only acknowledges the most recent visit. Detainee provides vague and deceptive information on his contacts and activities while other JTF-GTMO detainees report he played a major role in the indoctrination of al-Qaida recruits and provided advisory services to commanders in the field.

(U) Detainee Threat:

a. (S) Assessment: Detainee is assessed to be a HIGH risk, as he is likely to pose a threat to the US, its interests, and allies.

b. (S//NF) Reasons for Continued Detention: Detainee is assessed to be a committed member of al-Qaida who served as an advisor to UBL and will pose a significant threat if transferred. Detainee has numerous connections to senior al-Qaida members and is listed on an al-Qaida affiliated document. Detainee is also assessed to have participated in hostilities against US and Coalition forces in UBL’s Tora Bora Mountain complex. Detainee was an influential religious figure for al-Qaida fighters, and has issued fatwas at JTF-GTMO promoting suicide and deadly attacks against JTF-GTMO personnel. Detainee was an al-Qaida propagandist who produced and distributed multimedia recruitment material and wrote newspaper articles paying tribute to the 11 September 2001 hijackers. Detainee is assessed to have had advance, though probably limited, knowledge of the 11 September 2001 attacks. Detainee received basic and advanced training at al-Qaida associated training camps in Afghanistan and stayed at al-Qaida associated guesthouses. Detainee has a history of participating in violent militant Islamic activities.

  • (S//NF) Detainee is assessed to be a committed member of al-Qaida who served as an advisor to UBL. Detainee has numerous connections to senior al-Qaida members and is listed on an al-Qaida affiliated document.
  • (S//NF) Analyst Note: It is assessed detainee will rejoin extremist elements if transferred. Detainee will continue to use his religious background to seek a leadership position in the Islamic extremist community. Detainee will continue to recruit and mislead youth to follow a path of militant jihad which will place them in environments opposing US and Coalition forces.

(YM-252) reported detainee was one of UBL’s closest confidants, as well as an advisor and assistant.[15] YM-252 claimed he saw detainee conversing with UBL on at least three occasions, including one occasion at the al-Nibras Guesthouse when UBL arrived and detainee was the first person to meet with him.[16] YM-252 also described detainee as a representative of UBL. YM-252 further described detainee as both a religious and military leader within al-Qaida and the Taliban.[17]

GZ-10016 and SY-489 both corroborated detainee’s statement.[30] GZ-10016 made housing and travel arrangements for detainee.[31]

in October 2002.[35] Detainee is connected to additional perpetrators of the Faylaka Island attack including Jasim al-Hajiri, Sulayman Jamal Ahmad Muhammad Husayn al-Kandari, Adnan Asad Abdallah Mahmud Jamal al-Kandari, and Ahmad Muhammad Ahmad Jamal Muhammad Husayn al-Kandari.[36]

The association of detainee to KU-10024 based on al-Jabarah’s association to KU-10024 requires further research.)

  • (S//NF) Detainee is assessed to have participated in hostilities against US and Coalition forces in UBL’s Tora Bora Mountain complex.
  • (S//NF) Detainee was an influential shaykh amongst al-Qaida fighters, and has issued fatwas at JTF-GTMO.
    • (S//NF) GZ-10016 referred to detainee as a scholar.44 YM-252 stated detainee was known as a senior cleric who could interpret the meaning of dreams and served

as a consultant for UBL.[44] YM-252 also reported detainee visited the al-Faruq camp two to three times a month and provided religious instruction, and provided instruction two or three nights a week at the [[Islamic Institute in Kandahar]]. Detainee frequently gave speeches to the recruits at the al-Qaida training camps in Afghanistan, and to the al-Qaida and Taliban fighters in Afghanistan designed to encourage their pursuit of jihad.[45]

indicates detainee was a trusted associate and knowledgeable in the al-Qaida ideology. As such, detainee was responsible for indoctrinating the recruits in the ideology. Abu Hafs al-Mauritani, aka (Mahfuz Ould Al-Walid Ababah), was in charge of the Islamic Institute. Abu Hafs was a UBL lieutenant, the legal affairs adviser of UBL’s Shura Council, and his chief confidant on all religious matters.[46]

detainee is well known among other JTF-GTMO detainees as a religious advisor. Detainee held speeches in al-Qaida training camps and at the front lines.49 (Analyst Note: MR-760 is the cousin of Abu Hafs al-Mauritani.)

    • (S) Detainee attended a university in the United Arab Emirates to study Sharia

and the Koran.50 SY-489 reported that he, detainee, and Abd al-Aziz Sayer Uwain al-Shammeri, ISN US9KU-000217DP (KU-217, transferred) attended the Jamia al- Amam Muhammad Ibn Saud University in the United Arab Emirates together and their instructor, Sadiq al-Mana Mohammed, urged students to go to Chechnya for jihad.[48]

    • (S) Several JTF-GTMO detainees reported detainee is a religious shaykh who

issued fatwas at JTF-GTMO.

      • (S) MR-760 heard detainee issue an undefined fatwa at JTF-GTMO.[49]
      • (S) Abd al-Malik Abd al-Wahab al-Rahbi, ISN US9YM-000037DP (YM-037), a former UBL bodyguard, reported he heard a fatwa was issued allowing JTF-GTMO detainees to kill themselves or to be killed.[50] Ali Abdul Motalib Awayd Hassan al-Tayeea, ISN US9IZ-000111DP (IZ-111) reported detainee may be one of two scholars at JTF-GTMO who issued the “kill or be killed” fatwa.[51] (Analyst Note: Detainee has denied he was the one who issued a fatwa because it requires him to have “shaykh” status which he claims he does not possess. However, other detainees have referred to him as “Shaykh,” and noted he provides religious lessons.)[52]
      • (S//NF) YM-252 stated detainee is the leader in Camp 5 and issued a fatwa to the other detainees not to cooperate and to cause as many problems as possible. YM-252 also stated when detainee was in Camp 4, detainee issued a fatwa for detainees to sharpen the handles of their toothbrushes and turn them into weapons.[53]
  • (S//NF) Detainee was an al-Qaida propagandist who produced pamphlets, jihadist recruitment video and audio tapes, and wrote newspaper articles paying tribute to the 11 September 2001 hijackers.

the Abu Musab al-Zarqawi Network.)

    • (U//FOUO) YM-252 reported detainee’s videos encouraged recruits to go fight in

Bosnia and Chechnya. When those places were no longer accessible, the videos directed fighters to go to Afghanistan and Tunisia. Detainee distributed the videos through websites. KU-551, who studied in the US and is fluent in English, assisted with the videos.[56] YM-252 stated detainee always had a camera with him.[57] (Analyst Note: Detainee may have carried a camera to catch images of fighters he could use in his propaganda publications.)

    • (S//NF) KU-568 reported detainee produced a series of sixteen tapes and another series of six tapes to motivate people to go on jihad. According to KU-568, detainee claimed to have been arrested in the UAE for encouraging people to go to jihad.[58]
    • (S//NF) GZ-10016 stated he saw detainee at the Islamic Institute in Kandahar where detainee’s responsibilities included making audio tapes in 2001.[59]
  • (S//NF) Detainee received basic and advanced training at al-Qaida associated training camps in Afghanistan.

sons.[63]

to Peshawar.p[64]

      • (S) YM-252 reported he saw detainee at the al-Nibras Guesthouse in Kandahar in early 2001.[65]
      • (S) Detainee stayed at an al-Qaida guesthouse in Kabul located in the former Saudi Ambassador’s residence.[66] KU-568 reported detainee and KU-228 were at this guesthouse on 11 September 2001.[67]
    • (S//NF) Detainee has a history of participating in violent militant Islamic activities.
    • (S//NF) Islam Muhammad Bakr Saqir reported detainee participated in militant activities in Bosnia and was a fellow student of Islamic law.[68] Detainee confirmed he was in Bosnia.[69] (Analyst Note: Jordanian authorities arrested Saqir in January 2003

for his involvement in creating militant groups)

    • (S) KU-568 reported detainee was in Bosnia with Fouzi Khalid Abdullah al-Awda,

ISN US9KU-000232DP (KU-232); Omar Rajab Amin, ISN US9KU-000065DP (KU-065, transferred); and detainee’s good friend Abu Jandale al-Libi, assessed to be Omar Amer Deghayes, aka (Abu Jandal), ISN US9LY-000727DP (LY-727, transferred).[70]

    • (S//NF) YM-252 reported detainee and Shakir Abd al-Rahim Muhammad Aamer,

ISN US9SA-000239DP (SA-239), were good friends due to their shared experience fighting in Bosnia.[71]

c. (S//NF) Detainee’s Conduct: Detainee is assessed as a MEDIUM threat from a detention perspective. His overall behavior has been mostly compliant and rarely hostile to the guard force and staff. He currently has 28 Reports of Disciplinary Infraction listed in DIMS with the most recent occurring on 23 March 2008, when he failed to follow guard instructions when told to stop banging on his cell door. He has one Report of Disciplinary Infraction for assault occurring on 11 May 2003, when he spat on the guard force. Other incidents for which he has been disciplined include inciting and participating in mass disturbances, failure to follow guard instructions/camp rules, inappropriate use of bodily fluids, unauthorized communications, damage to government property, assaults, and possession of food and non-weapon type contraband. On 7 January 2004 detainee was in possession of a pen wrapped in toilet paper that made it stiff enough to be used as a possible weapon. In 2007, he had a total of nine Reports of Disciplinary Infraction and four so far in 2008.

(U) Detainee Intelligence Value Assessment:

a. (S) Assessment: Detainee is assessed to be of HIGH intelligence value. Detainee’s most recent interrogation session occurred on 10 March 2008.

b. (S//NF) Placement and Access: Detainee has associations with numerous members of al- Qaida’s leadership, operational planners, and facilitators. He is an influential religious scholar and propagandist. He has been to Bosnia, the United Arab Emirates, Pakistan, and Afghanistan in support of al-Qaida and militant activities. Detainee trained in at least three training camps in Afghanistan.

c. (S//NF) Intelligence Assessment: Detainee is assessed to have information of significant intelligence value and to be only partially exploited. He can provide information on al-Qaida leadership, financing, NGOs, guesthouses, and logistical support. He can provide information about al-Qaida propaganda and recruiting efforts and production of recruiting and fundraising materials. Due to detainee’s location in Kandahar and al-Faruq, he can probably provide information on numerous JTF-GTMO detainees and their al-Qaida affiliations.

d. (S//NF) Areas of Potential Exploitation:


  1. ..AFGP-2002- 800321, TD-314/06467-03
  2. 000552 KB 19-MAY-2002, 000552 302 06-MAY-2002
  3. TD-314/06468-02
  4. 000552 302 06-MAY-2002
  5. 000552 302 06-MAY-2002
  6. 000552 302 23-MAY-2002
  7. 000552 302 06-MAY-2002, Analyst Note: Anas is discussed further in Reasons for Continued Detention. Al-Wafa is a National Intelligence Priorities Framework Counterterrorism (NIPF CT) Priority 3 Terrorist Support Entity (TSE). Priority 3 TSE have demonstrated intent and willingness to provide financial support to terrorist organizations willing to attack U.S. persons or interests, or provide witting operational support to Priority 1-2 terrorist groups.
  8. IIR 6 034 0223 04, IIR 6 034 0224 04
  9. 000552 302 06-MAY-2002, IIR 6 034 0223 04, Analyst Note: The Coalition bombing campaign began on 7 October 2001.
  10. 000552 302 06-MAY-2002, IIR 6 034 0223 04
  11. IIR 6 034 0223 04, 000552 302 06-MAY-2002
  12. 000552 302 06-MAY-2002, TD-314/03374-02
  13. TD-314/14605-04, Withdrawal from Tora Bora Analysis; Analyst Note: LY-212 is probably in Libyan External Security Organization control in Libya.
  14. 000552 302 06-MAY-2002
  15. 000252 FM40 05-JAN-2005 (Part one of two), 000252 FM40 01-SEP-2004, IIR 6 034 1135 04
  16. 000252 FM40 23-SEP-2004, Analyst Note: The al-Nibras, aka (al-Ansar), aka (Hajji Habash) Guesthouse was a waypoint and support center for Arabs transitioning to and from local training camps in the Kandahar area, particularly al-Faruq.
  17. 17 000252 FM40 14-SEP-2004
  18. IIR 6 034 1532 03
  19. 000568 SIR 01-NOV-2004, IIR 6 034 0184 05, 000568 SIR 21-DEC-2004
  20. 000568 SIR 13-MAY-2005
  21. IIR 6 034 0191 06, Analyst Note: See Abu Yusuf al-Qannas Letter and IIR 7 739 3065 02 for information on UBL’s reply to detainee.
  22. IIR 6 034 0292 06
  23. 000568 SIR 29-OCT-2005
  24. IIR 6 034 0018 06, IIR 6 034 0224 04, IIR 6 034 0191 06
  25. 24 IIR 6 034 0018 06, IIR 6 034 0224 04, IIR 6 034 0191 06
  26. TD-314/06467-03
  27. TD-314/22893-05
  28. TD-314/22848-05
  29. IIR 6 034 0348 04
  30. TD-314/06467-03, TD-314/26732-05, TD-314/67410-04, IIR 6 034 1560 03
  31. TD-314/06467-03
  32. IIR 6 034 0348 04, Analyst Note: LY-212 was the commander of the Khaldan training, and was appointed by UBL as overall military commander for Tora Bora. LY-212 is probably in Libyan External Security Organization control in Libya.
  33. TD-314/26732-05 ]]
  34. TD-314-52300-02, Analyst Note: A variant of Abu Gaith is Bu Ghayth.
  35. GMP20021024000138, TD-314/40987-02, GMP20021024000138
  36. TD-314/40582-02
  37. IIR 6 034 0076 06
  38. 000568 SIR EXT 13-OCT-2005
  39. OSC EUP20070503371001
  40. TD-314/13174-03
  41. TD-314/13567-04, 000760 SIR 25-JUN-2004
  42. 000252 SIR 31-DEC-2004
  43. 000252 FM40 14-SEP-2004
  44. 000252 FM40 23-SEP-2004
  45. IIR 6 034 0532 03, 000252 SIR 22-JAN-2003, 000252 30-JUN-2003, 000252 FM40 14-SEP-2004
  46. D-4J2-2617-009-05, TD-314/48870-02, TD-314/06291-02, 000575 302 04-JUL-2002, 000575 SIR 07-JUN-2004, IIR 6 034 0173 02, SECSTATE 112561 16-Jun-2005
  47. 000535 MFR 08-JUL-2003
  48. 000489 SIR 20-DEC-2004, IIR 6 034 1310 03, IIR 6 034 1532 03
  49. IIR 6 034 1004 04, IIR 6 034 0893 04
  50. 000552 302 06-MAY-2002, TD-314/06468-02
  51. 51 000489 SIR 20-DEC-2004, IIR 6 034 1310 03, IIR 6 034 1532 03
  52. 000242 FM40 11-JAN-2005, IIR 6 034 1004 04, Analyst Note: In IIR 6 034 0224 04, detainee acknowledged teaching Islam in Afghanistan.
  53. 000252 SIR 02-FEB-2005
  54. IIR 6 034 1135 04
  55. IIR 6 067 2207 04, AMEMBASSY KUWAIT 29-AUG-2006
  56. 000252 FM40 23-SEP-2004
  57. 000252 SIR 31-DEC-2004
  58. 000568 SIR 29-OCT-2005
  59. TD-314/26732-05
  60. TD-314/06467-03
  61. TD-314/26732-05
  62. TD-314/06467-03
  63. TD-314/43855-02
  64. TD-314/06467-03
  65. 000252 FM40 23-SEP-2004
  66. 000568 SIR 05-AUG-2005, 000568 SIR 10-DEC-2004, Analyst Note: This guesthouse was managed by Hamza al-Ghamdi, an al-Qaida operative who decided what training a person received and where they went for training. See IIR 6 034 0297 05, IIR 6 034 0184 05. This was identified as the Guesthouse 10, aka (Ashara Guesthouse), in IIR 6 034 0394 02, and as the Azzam Guesthouse in 000252 FM40 21-Aug-2004.
  67. 000568 SIR 10-DEC-2004, IIR 6 034 0001 06
  68. TD-314/06467-03
  69. TD-314/13567-04
  70. IIR 6 034 0699 03, 000568 SIR 13-OCT-2005, 000568 SIR 20-OCT-2005, 000568 SIR 17-DEC-2004
  71. 000252 FM40 23-SEP-2004