Deleted:Abdul Raham Houari

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Abdul Raham Houari
Born

}}}}}}}} 18,

}} 1980
Algiers, Algeria
Other names Sofiane Haderbache
Abdul Raham Hourari
Abdul Raham / Haderbache Sofiane Houari

Abdul Raham Houari is a citizen of Algeria who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His Guantanamo Internment Serial Number was 70. The Department of Defense (DoD) reports that he was born on January 18, 1980, in Algiers, Algeria.

In December 2007, he slashed his throat while in the shower, in an attempt to kill himself.[3]

Abdul Raham Houari was transferred to Algeria on July 2, 2008.[4]

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.[5][6] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[7]Template:POV-section

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 tribunal 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.

Allegations

The allegations Houari faces, during his Tribunal, were:[8]:

a. The detainee was a member of al Qaida
  1. The detainee's travels from France to Afghanistan were facilitated by Al-Qaida members.
  2. He trained at the Malik training camp in Afghanistan.
  3. The detainee received training in small arms, RPGs and combat tactics.
  4. He stayed in a house with others undergoing training and all were armed including the detainee.
b. The detainee engaged in hostilities against US Forces
  1. When the US Bombing began, the detainee fled to the mountains.
  2. He was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
  3. The detainee stated he would kill Americans if released.

Transcript

Houari participated in his Combatant Status Review Tribunal.[9]

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".[10]

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.[11] The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not 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.

Two copies of the Summary of Evidence memo, prepared for Houari's Administrative Review Board, were released, on March 3 2006 and September 4, 2007.[12]

The following primary factors favor continued detention

a. The detainee was a member of Al Qaida.
  1. The detainee’s travels from France to Afghanistan were facilitated by Al Qaida members.
  2. The detainee trained at the Malik training camp in Afghanistan.
  3. The detainee received training in small arms, RPGs and combat tactics.
b. The detainee engaged in hostilities against US forces.
  1. The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
  2. The detainee stated he would kill Americans if released.
  3. The detainee sustained significant combat related injuries.
  4. Based upon a review of recommendations from US government agencies and classified and unclassified documents, detainee is regarded as a continued threat to United States and its allies.
  5. Detainee’s Conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guard’s instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked.
  6. Detainee states that he supports the Taliban belief in a true and complete Islamic state that enforces Islamic law. Detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight jihad with the Taliban. He believes that America is an enemy to Islam.

The following primary factors favor release or transfer

a. Medical Condition: Detainee’s recorded behaviors, medication history, and utilization pattern of psychiatric services suggest this detainee is regressing.
b. In his own oral testimony, detainee has repeatedly denied membership to any terrorist group and claimed he did not participate in any fighting and would not kill Americans.

Transcript

Houari chose to participate in his Administrative Review Board hearing.[13]

Release or repatriation

Houari's first annual Administrative Review Board recommended, on April 11, 2005, that he should be released or transferred.[14][15] His decision recommendation memos were heavily redacted. But they included the information that no foreign intelligence services had any reason to suggest he was a threat.

On July 3, 2008 Carol Rosenberg of the Miami Herald reported that Abdul Raham Hourari and another Algerian, Mustafa Hamlily were repatriated on July 2, 2008.[16]

On July 29, 2008 it was reported that one of the after-effects of his detention was that he was afraid to leave his house.[17]

References

  1. OARDEC (April 20, 2006). "List of detainee who went through complete CSRT process" (PDF). United States Department of Defense. Archived from the original on 30 September 2007. http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf. Retrieved 2007-09-29. 
  2. 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. Archived from the original on 30 September 2007. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  3. Carol Rosenberg (December 4, 2007). "Detainee slashes his own throat, in shower". Miami Herald. http://www.miamiherald.com/guantanamo/story/331854.html. Retrieved 2008-03-29. "A war-on-terrorism captive slashed his throat with a sharpened fingernail in a prison shower last month, bled profusely and got stitches to close the wound, the military disclosed Tuesday."  [dead link]
  4. "Abdul Raham Houari - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/70-abdul-raham-houari. 
  5. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  6. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  7. "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. 
  8. OARDEC. "Summary of Evidence for Combatant Status Review Tribunal -- Houari". United States Department of Defense. p. 87. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#87. Retrieved 2007-10-03. 
  9. Summarized transcripts (.pdf), from Abdul Raham Houari'sCombatant Status Review Tribunal - pages 1
  10. Spc Timothy Book (Friday March 10, 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. 1. Archived from the original on 2009-08-26. http://commons.wikimedia.org/wiki/File:TheWire-v6-i049-10MAR2006.pdf. Retrieved 2007-10-10. 
  11. Army Sgt. Sarah Stannard (October 29, 2007). "OARDEC provides recommendations to Deputy Secretary of Defense". JTF Guantanamo Public Affairs. Archived from the original on 2009-09-16. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.jtfgtmo.southcom.mil%2Fstoryarchive%2F2007%2FOctober%2F102907-2-oardec.html&date=2009-09-16. Retrieved 2008-03-26. 
  12. Factors for and against the continued detention (.pdf) of Sofiane Haderbache Administrative Review Board - page 43
  13. Summarized transcript (.pdf), from Abdul Raham Houari's Administrative Review Board hearing - page 102
  14. OARDEC (April 11, 2005). "Administrative Review Board assessment and recommendation ICO ISN 70 (Algerian citizen)". United States Department of Defense. pp. page 30. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#30. Retrieved 2007-10-03. 
  15. OARDEC (January 10, 2005). "Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 70". United States Department of Defense. pp. pages 31–33. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#31. Retrieved 2007-10-03. 
  16. Carol Rosenberg (2008-07-03). "First Algerians repatriated from Gitmo". Miami Herald. http://www.miamiherald.com/guantanamo/story/593282.html. Retrieved 2008-07-04.  [dead link] mirror
  17. "Algerian former prisoner at Guantanamo lodges complaint against U.S Government". elkhabar. 2008-07-29. http://www.elkhabar.com/quotidienFrEn/?ida=117647&idc=146. Retrieved 2008-07-14. "However, another Algerian recently freed from the penitentiary of Guantanamo, living in Algiers, is receiving psychological treatment at his house, after his health deteriorated from the torture he was subject to at the U.S prison. He is scared of leaving his house, his friends said."  mirror

External links