Samir Naji Al Hasan Moqbel

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Samir Naji Al Hasan Moqbel
Born December 1, 1977 (1977-12-01) (age 34)
Ta'iz, Yemen
Detained at Guantanamo
Alternate name Samir Nasy Hajan Mukbel
ISN 43
Charge(s) No charge (extrajudicial detention)
Status Held indefinitely without trial or charge

Samir Naji Al Hasan Moqbel is a citizen of Yemen, held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number is 43. The Department of Defense reports he was born on December 1, 1977, in Ta'iz, Yemen.

As of March 25, 2010, Samir Naji al Hasan Moqbel has been held at Guantanamo for eight years two months.[2]

Contents

[edit] Combatant Status Review

Moqbel was among the 60% of prisoners who participated in the tribunal hearings.[3] A Summary of Evidence memo was prepared for the tribunal of each detainee.

Moqbel's memo accused him of the following:[2]

a. The detainee was an associate of the Taliban and/or Al-Qaida.
  1. The detainee is a Yemen citizen who traveled to Afghanistan via Karachi, Pakistan; Kandahar, Afghanistan and finally to Kabul, Afghanistan.
  2. The detainee decided to travel to Afghanistan to fight the Jihad.
  3. The detainee arrived in Kabul, Afghanistan and stayed in a house owned by the Taliban.
  4. The detainee became a bodyguard for Usama Bin Laden in August 2001.
b. The detainee participated in military operations against the United States and its coalition partners.
  1. The detainee traveled north of Kabul, Afghanistan to a military camp approximately two miles from the front line fighting with the Northern Alliance.
  2. The detainee was issued a Kalashnikov rifle with ammunition.
  3. The detainee was assigned a post, performed guard duty on the front line, and could hear gunshots and fighting in the distance.
  4. The detainee made several trips from the front line to the guesthouse in Kabul, Afghanistan.
  5. The detainee learned about the 11 September 2001 attack on American during his last two months in Afghanistan.
  6. The detainee surrendered to a Pakistani security force at the border.

[edit] Transcript

The Department of Defense published a seven page summarized transcript from the unclassified session of his Tribunal.[4]

[edit] Habeas corpus petition

A writ of habeas corpus was filed on Samir Naji Al Hasan Moqbel's behalf.

[edit] 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.[5]

[edit] 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".[6]

[edit] Protective order

On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Samir Naji Al Hasan Moqbel.[7]

[edit] Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee may pose if released or transferred, and whether there are other factors that warrant his continued detention.[8]

[edit] First annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his first annual Administrative Review Board in 2005.[9]

[edit] Second annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his second annual Administrative Review Board in 2006.[10]

[edit] Statement

Samir drafted a statement for his Board.

[edit] Third annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his third annual Administrative Review Board in 2007.[11]

[edit] References

  1. ^ "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 2006-05-15. 
  2. ^ a b The Guantanamo Docket - Samir Naji al Hasan Moqbel
  3. ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  4. ^ OARDEC (date redacted). "Summarized Unsworn Detainee Statement". United States Department of Defense. pp. pages 63–69. http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_47_3130-3248.pdf#63-69. Retrieved 2009-01-29. 
  5. ^ 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
  6. ^ 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
  7. ^ Kristine A. Huskey (2008-07-15). "Guantanamo Bay Detainee Litigation: Doc 63 -- NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/63/0.pdf. Retrieved 2008-11-13.  mirror
  8. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902. Retrieved November 12, 2010. 
  9. ^ OARDEC. "Unclassified Summary of Evidence for Administrative Review Board in the case of Samir Naji Al Hasan Moqbel". United States Department of Defense. pp. pages 57–59. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000001-000098.pdf#57-59. Retrieved 2009-01-29. 
  10. ^ OARDEC. "Unclassified Summary of Evidence for Administrative Review Board in the case of Samir Naji Al Hasan Moqbel". United States Department of Defense. pp. pages 78–81. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_1-99.pdf#78-81. Retrieved 2009-01-29. 
  11. ^ OARDEC. "Unclassified Summary of Evidence for Administrative Review Board in the case of Samir Naji Al Hasan Moqbel". United States Department of Defense. pp. pages 25–29. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_FactorsDocsBates510-650.pdf#25-29. Retrieved 2009-01-29. 

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