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{{Combatant Status Review Tribunal trailer image and caption}}
{{Combatant Status Review Tribunal trailer image and caption}}


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]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status.
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.


Subsequently the [[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]].
Subsequently the [[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]].

Revision as of 20:21, 9 May 2007

Adel Abdulhehim, also referred to as A'Del Abdu al-Hakim, is a Chinese Uighur who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1]

A native of Xinjiang, Abdulhehim was captured in late 2001, and detained as a suspected terrorist in Camp Delta where he was assigned detainee ID number 293. He is one of the 38 detainees whose Combatant Status Review Tribunal concluded he had not been an "illegal combatant" after all.

Abdulhehim is one of approximately two dozen detainees from the Uighur ethnic group.

According to an article distributed by the Associated Press, Abdulhehim, his compatriot Abu Baker Qassim, and eight others were moved from imprisonment at the main compound of Camp Delta to a less harsh imprisonment at Camp Iguana.[2]

A February 18 2006 article in the Washington Times claimed that Abu Bakker Qassim and A'Del Abdu al-Hakim had received military training in Afghanistan.[3] It reported they were not classified as "illegal combatants" because they intended to go home and employ their training against the Chinese government, and were released.[4] Some earlier reports had described them as economic refugees who were slowly working their way to Turkey.

File:AdilAbdulHakim.jpg
Adil Abdul Hakim

Combatant Status Review Tribunal

Template:Combatant Status Review Tribunal trailer image and caption

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 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.

Abdulhehim chose to participate in his Combatant Status Review Tribunal.[5].

Allegations

The allegations against Abdulhehim were:[6]

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --
  1. In June 2001, the detainee traveled from Kyrgyzstan to Jalalabad, Afghanistan via Pakistan, then on to the Eastern Turkistan Uighur Party (ETUP) training camp at Tora Bora, Afghanistan.
  2. The detainee received training on the AK-47 assault rifle at a Uighur training camp.
  3. The training camp was provided to the Uighurs by the Taliban.
  4. The ETIM operated facilities in the Tora Bora region of Afghanistan in which Uighur expatriates underwent small arms training. These camps were funded by Bin Laden and the Taliban.
b. -- The general summary of the allegations of hostile activity were missing from the transcript. --
  1. The detainee, along with others, fled their camp when the United States bombing campaign began.
  2. The detainee was captured in Pakistan along with other Uighur fighters.

Testimony

Al-Hakim Acknowledged traveling from Kyrgyzstan to Afghanistan, via Pakistan. He said that he left China in 1999, looking for work and that he was planning to work his way to Turkey. In Pakistan he had applied for a visa to Iran. He heard about a small community of Uyghurs in Afghanistan, where he could receive military training, to use against the Chinese occupiers of Turkistan.

Al-Hakim said that the camp was in poor shape, and that the Uyghurs spent most of their time reconstructing the buildings. He acknowledged getting a couple of days training on the AK-47. (Some other Uyghurs said they received only a few hours.)

Al-Hakim said he was told the property was made available by "some big tribe". He said he had no idea if the property had anything to do with the Taliban. He said when he arrived no one spoke about the ETIM or any other organization. He said he was not invited to join any organizations.

Al-Hakim acknowledged fleeing the American bombs. But he said he had no ties whatsoever with anyone who had attacked the USA.

Al-Hakim acknowledged that 18 Uyghurs had fled the camp together, were captured together, and brought to Guantanamo together. However he said they weren't fighters.

In answer to questions from the Tribunal's officers:

  • Al-Hakim repeated that he had no resentment or animosity against the United States. He hadn't attacked the United States, and he had no intention of doing so in the future.
  • Al-Hakim said he had never been a member of a political party or organization.
  • Al-Hakim found out about the camp from an Uyghur he met in Pakistan named Abdulla Salim. Salim said he could go to the camp, and he would let him know when his visa for Iran was ready.
  • Al-Hakim said he wanted to go to Turkey because the Chinese occupiers didn't treat their native Turkish people well. He said he had heard of a leather-work factory in Turkey that paid good wages to people from Turkestan who were skilled in leatherwork.
  • Al-Hakim said he had traveled to Kyrgyzstan and Pakistan on legitimate travel documents. He didn't need a visa to cross into Afghanistan.

Witness

Abdulhehim's witness was Abu Bakr Qasim. He testified he met Al-Hakim in a bazaar in Kyrgyzstan. He said they did the same kind of work, but that it was difficult for them to do business in Kyrgyzstan because the local police kept trying to squeeze them for bribes. He said that the police had killed some men who wouldn't pay a bribe. This was why they wanted to try to get to Turkey.

Qasim said they had left their passports in Pakistan because they didn't need them to cross the Afghanistan/Pakistan border, and the man helping them get their visas needed access to them to get the visas.

Qasim said that they were at the camp for about three months. That in addition to the construction work they had learned to read the Quran.

Qasim said that camp was run by a person named Abdul Hag.

References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15 2006
  2. ^ Knowlton, Brian. New York Times. Supreme Court Rejects Bid by Guantanamo Detainees. 17 April 2006. Retrieved 30 April 2006.
  3. ^ U.S. hit on human rights. Washington Times. 18 February 2006. Retrieved 30 April 2006.
  4. ^ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
  5. ^ Summarized transcripts (.pdf), from Adel Abdulhehim'sCombatant Status Review Tribunal - pages 36-45
  6. ^ Summarized transcripts (.pdf), from Adel Abdulhehim'sCombatant Status Review Tribunal - pages 36-45

See also