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Edited to eliminate POV and explain what a CRST actually is based on source.
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[[Combatant Status Review Tribunals]] ("CSTRs") are an administrative mechanism utilized by the United States military stemming from procedures used to determine whether an individual is considered a [[prisoner of war]] ("POW") during traditional conflicts. Each detainee has an opportunity to present “reasonably available” evidence and witnesses to a panel of three commissioned officers to try to demonstrate that the detainee does not meet the criteria to be designated as an “enemy combatant”. Each detainee is represented by a military officer (not a member of the Judge Advocate General Corps) and may elect to participate in the hearing or remain silent.
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 [[competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status.


The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.” The government is required to present all of its relevant evidence, including evidence that tends to negate the detainee’s designation, to the tribunal. Unclassified summaries of relevant evidence may be provided to the detainee. The detainee’s personal representative may view classified
Subsequently the [[United States Department of Defense|Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]].
information and comment on it to the tribunal to aid in its determination but does not act as an advocate for the detainee. If the tribunal determines that the preponderance of the evidence is insufficient to support a continued designation as “[[enemy combatant]]” and its recommendation is approved through the chain of command established for that purpose, the detainee will be informed of that decision upon finalization of transportation arrangements (or earlier, if the task force commander deems it appropriate). The rules do
not give a timetable for informing detainees in the event that the tribunal has decided to retain their enemy combatant designations.<ref>{{cite news |url=http://www.fas.org/sgp/crs/natsec/RS22173.pdf |title=Detainees at Guantanamo Bay: Report for Congress |publisher=[[Congressional Research Service]] |author=[[Jennifer K. Elsea]] |date=[[July 20]] [[2005]] |accessdate=2007-11-10|format=PDF}}</ref>


===Summary of Evidence memo===
===Summary of Evidence memo===

Revision as of 05:43, 4 March 2009

Mohammad Lameen Sidi Mohammad
Detained at Guantanamo
Other name(s) Mohammad al-Amin
ISN706
Charge(s)no charge, held in extrajudicial detention
Statusrepatriated, freed after a debriefing

Mohammad Lameen Sidi Mohammad (Arabic: محمد لمين سيدي محمد) is a joint citizen of Mauritania and Niger, who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 706. The Department of Defense reports that he was born on September 10 1981, in Zandeer, Niger.

Amnesty International reports he was captured in Pakistan in April 2002.[2] They report he was 17 or 18 years old when he was captured. By their account he was captured in Peshawar, Pakistan; spent time in Bagram, where brutal interrogations forced a false confession from him. They report he was sexually abused in Bagram, and hung from the ceiling by his arms for days at a time. He said a guard would shake him awake every time he slumped. Amnesty says that months of abuse broke his will, and he agreed to false confessions.

Background

Mohammad said he left Mauritania when he was seventeen years old, to travel to Saudi Arabia for religious study.[3] He then traveled to Pakistan, for further religious study. He said he was arrested as part of a general sweep of foreigners in Peshawar, in April 2001. He claims he was first tortured in Pakistani custody, by interrogators who wanted him to confess to being a Saudi citizen. He reports he was then sold to the USA for a bounty, and held in Bagram, where he was tortured by sleep deprivation, beatings, and being made to stand with his hands bound above his head. He was transferred to Guantanamo in August 2002, and reports he was subjected to abusive interrogation there too.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.[4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[5]

Combatant Status Review Tribunals ("CSTRs") are an administrative mechanism utilized by the United States military stemming from procedures used to determine whether an individual is considered a prisoner of war ("POW") during traditional conflicts. Each detainee has an opportunity to present “reasonably available” evidence and witnesses to a panel of three commissioned officers to try to demonstrate that the detainee does not meet the criteria to be designated as an “enemy combatant”. Each detainee is represented by a military officer (not a member of the Judge Advocate General Corps) and may elect to participate in the hearing or remain silent.

The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.” The government is required to present all of its relevant evidence, including evidence that tends to negate the detainee’s designation, to the tribunal. Unclassified summaries of relevant evidence may be provided to the detainee. The detainee’s personal representative may view classified information and comment on it to the tribunal to aid in its determination but does not act as an advocate for the detainee. If the tribunal determines that the preponderance of the evidence is insufficient to support a continued designation as “enemy combatant” and its recommendation is approved through the chain of command established for that purpose, the detainee will be informed of that decision upon finalization of transportation arrangements (or earlier, if the task force commander deems it appropriate). The rules do not give a timetable for informing detainees in the event that the tribunal has decided to retain their enemy combatant designations.[6]

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohammad Lameen Sidi Mohammad's Combatant Status Review Tribunal, on September 28 2004.[7][8] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida:
  1. Detainee traveled to Pakistan in support of a jihad against the United States and its coalition partners.
  2. Detainee attempted to obtain forged documents in an effort to enter Afghanistan.
  3. Detainee was captured in Pakistan as he attempted to cross the border into Afghanistan.
  4. Detainee associated with an organization with known ties to the al Qaida organization, while living in a safe house.
  5. This organization with known ties to al Qaida is designated as a Foreign Terrorist Organization.
  6. Detainee received training on an AK-47 Kalishnikov [sic] rifle while at a safehouse with ties to al Qaida.

Summarized Unsworn Detainee Statement

Mohammad Lameen Sidi Mohammad chose not to attend his Combatant Status Review Tribunal.[9]

The dossier of CSRT documents released in response to his habeas corpus petition contained his Detainee election form contained what the dossier called his "Summarized Unsworn Detainee Statement".[9]

The Personal Representative provided the following statement on behalf of the detainee:


The detainee asked the following points be made clear to the Tribunal members:
  1. I have no case to be tried in court.
  2. I am not satisfied with this Tribunal process.
  3. I do not need anyone representing me.
  4. I am a normal, sane person, but chose not to be represented in this Tribunal.
  5. The Personal Representative is not representing me, he is merely relaying a message.

Habeas corpus

A writ of habeas corpus, Mohammad Lameen Sid Mohammad v. George W. Bush, was submitted on his behalf.[10] In response, on 8 September 2006, the Department of Defense released 22 pages of unclassified documents related to his Combatant Status Review Tribunal.

His enemy combatant status was confirmed by Tribunal panel 13 on 16 October 2004.[10] The last six pages of the dossier was a photocopy of the United States Department of State's Selected Foreign Terrorist Organizations. Mohammad Lameen Sidi Mohammad was alleged to have had an association with one of the organizations on the list. But none of the names on the list is highlighted.

Main article: Guantanamo captive's habeas corpus petitions

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".[11]

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.[12] 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 Mohammad Lameen Sidi Mohammad's first annual Administrative Review Board, on 1 March 2005.[13] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Commitment
  1. The detainee traveled to Pakistan in support of a Jihad against the United States.
  2. The detainee attempted to obtain false identification in an effort to enter Afghanistan.
  3. The detainee was captured in Pakistan as he attempted to cross the border into Afghanistan.
b. Training
  1. The detainee learned how to field strip and fire an AK-47 assault rifle at a Lashkar Taiba [sic] safe house.
c. Connections/Associations
  1. In a village located just outside Peshawar, the detainee and eight other fighters moved between four different Lashkar Taiba houses.
  2. Lashkar e Tayyiba [sic] (LT) ("Army of the Righteous") is listed in the U.S. Department of Homeland Security Terrorist Organization Reference Guide as a terrorist organization.
  3. The detainee signed up for missionary work with Tagligi Jamiat [sic] (JT) to attain entry into Afghanistan.
  4. The Jama'at Al Tablighi [sic], a Pakistan based Islamic missionary organization is being used as a cover for action by Islamic Extremeists.
d. Intent
  1. The detainee stated that he went to Afghanistan to fight the Americans.
  2. The detainee decided to go on Jihad after becoming angered over the U.S. air attacks in Afghanistan. He felt it was his duty as a Muslim.

The following primary factors favor release or transfer:

a.

The detainee said never heard of al Qaida until after the 11 September 2001 attacks. He is only aware of the attacks on the World Trade Center; he believes the attacks were wrong, because Islam teaches that it is wrong to kill innocent women and children. He does not know anyone that is a member of al Qaida.

b.

Detainee perceived Bin Laden as one of the Muslim people, who may have been right or may have been wrong as a human being. Detainee also felt that Bin Laden made many mistakes, such as the events of 11 September 2001, which cost the lives of many innocent people.

Transcript

Mohammad Lameen Sidi Mohammad did not chose to participate in his hearing.[14]

His Assisting Military Officer reported to his Presiding Officer

Sir, he didn't specifically request that I present any information to your but I believe it is worth while for you to hear what he told me during my interview with him, which I have also included on the Enemy Combatant election form. When asked why he elected

not to attend, the detainee responded, (and this is a direct quote, sir )

"What good will come out of it. I feel nothing good could come out of my attendance so why make the effort. Whatever decision will come out of it; let them make it. The decision has been made a long time ago. God has decided that I will stay here, the decision has been made".

That is that he told me sir. That was the basis for his reason for not being here."

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.[15][16] The Board's recommendation was unanimous. The Board's recommendation was redacted. England authorized his transfer on 2005-05-20.

Repatriation

A Mauritiation captive named "Mohamed Lemine Ould Sidi Mohamed" was repatriated on Friday September 28 2007.[17]

Accounts of his detention, after his release

Mohammad was released from Mauritian custody after several days of debriefing.[18]

Mohammad described being physically and mentally abused, in Guantanamo.[18] He described witnessing guards urinating on the Koran.

Main article: Koran desecration

Mohammad said he was one of the captive who responded to the Koran desecration by going on a hunger strike.[18] Mohammad described being force-fed during the hunger strike.

References

  1. ^ "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. 2006-05-15. Retrieved 2006-05-15.
  2. ^ "Who are the Guantánamo detainees? CASE SHEET 17, Mohammed Al-Amin". Amnesty International. 2006-07-16. Retrieved 2009-03-01. mirror
  3. ^ Andy Worthington (September 30, 2007). "The Long Suffering of the Mauritanian Teenager Sent Home from Guantánamo". Huffington Post. Retrieved 2008-02-10. {{cite news}}: Check date values in: |date= (help)
  4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
  5. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. Retrieved 2007-09-22. {{cite web}}: Check date values in: |date= (help)
  6. ^ Jennifer K. Elsea (July 20 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. Retrieved 2007-11-10. {{cite news}}: Check date values in: |date= (help)
  7. ^ OARDEC (September 28 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005)" (PDF). United States Department of Defense. pp. page 52. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  8. ^ OARDEC (September 28 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Mohammad, Mohammad Lameen Sidi (September 2007)" (PDF). United States Department of Defense. pp. page 72. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  9. ^ a b "Detainee election form" (PDF). United States Department of Defense. 4 October 2004. pp. page 91. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  10. ^ a b "Mohammad Lameen Sid Mohammad v. George W. Bush" (PDF). United States Department of Defense. 8 September 2006. pp. pages 80-101. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  11. ^ Spc Timothy Book (Friday March 10 2006). "Review process unprecedented" (PDF). JTF-GTMO Public Affairs Office. pp. pg 1. Retrieved 2007-10-10. {{cite news}}: |pages= has extra text (help); Check date values in: |date= (help)
  12. ^ Army Sgt. Sarah Stannard (October 29 2007). "OARDEC provides recommendations to Deputy Secretary of Defense". JTF Guantanamo Public Affairs. Retrieved 2008-03-26. {{cite news}}: Check date values in: |date= (help)
  13. ^ OARDEC (1 March 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammad, Mohammad Lameen Sidi" (PDF). United States Department of Defense. pp. pages 6-7. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  14. ^ OARDEC (date redacted). "Summarized Administrative Review Board Proceedings" (PDF). United States Department of Defense. pp. pages 75-76. Retrieved 2008-02-26. {{cite web}}: Check date values in: |date= (help)
  15. ^ OARDEC (2005-05-16). "Administrative Review Board assessment and recommendation ICO ISN 706" (PDF). United States Department of Defense. p. page 100. Retrieved 2009-03-01.
  16. ^ OARDEC (2005-03-07). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 706" (PDF). United States Department of Defense. pp. pages 101-103. Retrieved 2009-02-11.
  17. ^ "Guantanamo Bay inmate handed over to Mauritanian govt". Afriquenligne. September 28 2007. Retrieved 2007-09-30. {{cite news}}: Check date values in: |date= (help)
  18. ^ a b c "Mauritanian in Guantanamo 'abuse'". BBC News. Wednesday, October 3, 2007. Retrieved 2008-02-26. He described how US guards forced prisoners to watch them "urinating on the Koran", AFP news agency reports...

    "Other prisoners, simple innocent Muslims were also tortured, humiliated in their beliefs and their human dignity," AFP news agency quotes him as saying about his experiences. {{cite news}}: Check date values in: |date= (help)

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