Mohammed Abdullah Al Hamiri

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Mohammed Abdullah Al Hamiri
Other names Muhammad Abdallah Muhammad Awad Dyab Al Hamiri

Mohammed Abdullah Al Hamiri, a citizen of Yemen, is currently being held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internee Security Number is 249. American intelligence analysts estimate Al Hamiri was born in 1982, in Hudaydah, Yemen.

Identity

Al Hamiri is identified inconsistently in official Department of Defense documents:

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a double-wide trailer.[6]Three chairs were reserved for members of the press; 37 of the 574 Tribunals were observed.[7]

Initially the Bush administration asserted that they could withhold all 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 Mohammed Abdullah Al Hamiri's Combatant Status Review Tribunal on 25 October 2004.[2] The memo listed the following allegations against him:

  1. The detainee is associated with Al Qaida.
  2. The detainee traveled from Yemen to Afghanistan via Pakistan in August 2001.
  3. The detainee participated in military training at a camp in Kandahar, Afghanistan between 26 July and 18 September 2001.
  4. The detainee was in Nabras guesthouse where he spoke to Osama bin Laden.
  5. The detainee was captured from among a group of Arab fighters while attempting to flee Afghanistan by Pakistani forces in December 2001.

Transcript

Al Hamiri had originally chosen to attend his Tribunal,[8] but changed his mind just prior to the Tribunal.

Witness request

Al Hamiri had requested his father's testimony and had provided his father's current address.

According to the Tribunal's President, Al Hamiri's Personal Representative had told the President of Al Hamiri's witness request on November 16 2004. The U.S. State Department had requested the assistance of the Yemeni embassy in Washington, on November 22 2004, in taking the testimony of Abdullah Hemyari. After waiting what they considered a reasonable amount of time and not getting a reply, the Tribunal's President had ruled Al Hamiri's father's testimony "not reasonably available".

One of the things Al Hamiri thought his father's testimony would have been able to confirm was that he had either a metal plate in his skull, or metal shards in his skull, and the sole purpose of his travel to Pakistan was to have an operation to remove the metal from his skull.

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".[9]

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 were not authorized to review whether a detainee qualified for POW status, nor to review whether a detainee should have been classified as an "enemy combatant". They were only 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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Mohammed Abdullah Al Hamiri's first annual Administrative Review Board, on 26 September 2005.[3] The memo listed factors for and against his continued detention.

The following primary factors were listed as favoring continued detention

a. Commitment
  1. Circa August 2001, the detainee traveled to Kandahar via Pakistan and stayed there for one month.
  2. The detainee went to Kabul and stayed for about two months in the home of a person the detaineee felt may have been associated with the Taliban.
b. Training
The detainee participated in military training at the al Farouq camp in Kandahar, Afghanistan, at some time between 26 July and 18 September 2001.
c. Connections/Associations
  1. The detainee was identified as being at the Nebras guesthouse, where he spoke with Usama Bin Laden.
  2. The detainee found a group of Arab fighters to accompany as he attempted to escape and cross the border into Pakistan.
d. Other Relevant Data
  1. A wealthy British resident from Yemen named Mussab escorted and fully funded the detainee's trip to Afghanistan and offered to fund his medical treatment in a Pakistan hospital.
  2. The detainee never visited a hospital during his visit to Islamabad, Pakistan and could not provide details on locations visited.
  3. The Pakistani Police captured the detainee at the border on or about 16 December 2001. United States forces took custody of the detainee on 4 January 2002.

The following primary factors were listed as favoring release or transfer

a.

The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th and having knowledge of any rumors or plans of future attacks on the United States interests.

b.

The detainee denied knowledge of Mussab's affiliation with any organizations.

c.

The detainee said he left Yemen for Pakistan for medical treatment and was tricked by Mussab into going into Afghanistan where he did nothing for six months.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Muhammad Abdallah Muhammad Awad Dyab Al Hamiri's second annual Administrative Review Board, on 16 May 2006.[4] The memo listed factors for and against his continued detention.

The following primary factors were listed as favoring continued detention

a. Commitment
  1. The detainee left Yemen for Pakistan in August 2001. From Pakistan the detainee traveled to Kandahar, Afghanistan and stayed there for one month.
  2. The detainee went to Kabul and stayed for about two months in the home of a person the detainee felt may have been associated with the Taliban.
  3. The Pakistani Police captured the detainee at the border on or about 16 December 2001. United States Forces took custody of the detainee on 4 January 2002.
b. Training
The detainee was identified as being trained at the al Farouq camp in Afghanistan.
c. Connections/Associations
  1. The detainee was identified as being at the Nebras guest house, where he spoke with Usama bin Laden.
  2. The detainee found a group of Arab fighters to accompany as he attempted to escape and cross into Pakistan.
d. Other Relevant Data
  1. A wealthy British resident from Yemen escorted and fully funded the detainee's trip to Afghanistan and offered to fund his medical treatment in a Pakistan Hospital.
  2. The detainee never visited a hospital during his visit to Islamabad, Pakistan and could not provide details on locations visited.

The following primary factors were listed as favoring release or transfer

a.

The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and having knowledge of any rumors or plans of future attacks on the United States interests.

b.

The detainee claims he left Yemen for Pakistan for medical treatment and was tricked by a British resident into going into Afghanistan where he did nothing for six months.

c.

The detainee denied knowledge of the British resident's affiliation with any organizations.

d.

The detainee denies receiving military training at al Farouq camp in Kandahar, and denies having met Usama bin Laden.

e.

The detainee said that he is generally compliant in detention, like honey on butter, and that he gets along with all the guards except the few that are rude. When released, he plans to return to his hometown. The detainee said that all his neighbors and friends love him. The detainee runs errands for them. The detainee hopes to get married.

Medical records

Sixteen of the 57 weigh-ins published for Mohammed Abdullah Al Hamiri's lay below the minimum healthy weight for his height.

On March 16 2007 the Department of Defense published records of the captives' height and weights.[10] According to those reports Mohammed Abdullah Al Hamiri was 67 inches tall. Fifty-seven weigh-ins were published for him -- seventeen of which lay below 118 pounds, the minimum healthy weight for his height. His first and last published weigh-ins were on February 2, 2002 and November 25, 2006. The published weights ranged from 102 to 137 pounds.

Habeas corpus petition

A habeas corpus was filed on this captive's behalf.

Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.[11] This habeas was not among those published.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[12]

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[13]

On 2008-07-16 Julia Symon filed a "UNOPPOSED MOTION FOR EXPEDITED ENTRY OF PROTECTIVE ORDER" on behalf of Mohammed Abdullah Mohammed Ba Odah, Tariq Ali Abdullah Ba Odah, Nasser Ali Abdullah Odah in Civil Action No. 06-cv-1668 (HHK).[14]

References

  1. OARDEC (2006-05-15). "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. 2.0 2.1 OARDEC (25 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Hamiri, Mohammed, Abdullah". United States Department of Defense. pp. page 80. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#80. Retrieved 2008-03-08. 
  3. 3.0 3.1 OARDEC (26 September 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Hamiri, Mohammed Abdullah". United States Department of Defense. pp. pages 12-13. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000295-000393.pdf#12. Retrieved 2008-03-08. 
  4. 4.0 4.1 OARDEC (16 May 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Hamiri, Muhammad Abdallah Muhammad Awad Dyab". United States Department of Defense. pp. pages 99-100. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#99. Retrieved 2008-03-08. 
  5. Julia C. Symon (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 142 -- STATUS REPORT" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/142/0.pdf. Retrieved 2008-08-16. 
  6. "Guantánamo Prisoners Getting Their Day, but Hardly in Court". New York Times. 2004-11-08. http://www.nytimes.com/2004/11/08/national/08gitmo.html?pagewanted=1&ei=5088&en=4af06725bdf5c086&ex=1257570000&partner=rssnyt. Retrieved 2008-03-26. 
  7. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  8. OARDEC (date redacted). "Summarized Statement". United States Department of Defense. pp. pages 21-23. http://www.dod.mil/pubs/foi/detainees/csrt/Set_33_2302-2425_Revised.pdf#21. Retrieved 2008-03-08. 
  9. Spc Timothy Book (Friday March 10 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. pg 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. 
  10. JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/. Retrieved 2008-12-22.  mirror
  11. OARDEC (August 8 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29. 
  12. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  13. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror
  14. Julia Symon (2008-07-16). "Guantanamo Bay Detainee Litigation: Doc 66 -- UNOPPOSED MOTION FOR EXPEDITED ENTRY OF PROTECTIVE ORDER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/66/0.pdf. Retrieved 2008-11-12.  mirror