Thursday, February 27, 2014

Mohamedou Ould Slahi


ISN: 760
Nationality: Mauritanian


This summary of the evidence against Mohamedou Slahi is based largely on the ruling in his 2010 habeas corpus case. I summarized the history of the habeas corpus rights of the prisoners at Guantanamo for National Security Stories.



Slahi trained at Al Qaeda’s Al Farouq training camp in Afghanistan in late 1990 and early 1991. Slahi pledged loyalty to Al Qaeda in 1991. He said that he went to Afghanistan to fight the communists and also said that he fought for Al Qaeda in the battle of Gardez in 1992. Slahi says he severed his ties with Al Qaeda in 1992.


The decision in Slahi’s 2010 habeas case says that, “there is ample evidence in this record that Slahi was subjected to extensive and severe mistreatment at Guantanamo from mid-June 2003 to September 2003.”


During his Habeas case, the US government argued that in October 1999 Slahi recruited two of the highjackers and one of the organizers of the 9/11 terrorist attacks.


Judge Roberston concluded that based upon the available evidence, “the government has credibly shown, and Slahi has not rebutted, the showing that Slahi provided lodging for three men for one night at his home in Germany, that one of them was Ramzi bin al Shibh, and that there was discussion of jihad and Afghanistan.”


Slahi’s habeas ruling also says that, “Salahi continued to be in touch with people he knew to be al Qaeda members, and […] was willing to refer would-be jihadists to them when the opportunity arose.”


The US government believes that Slahi’s cousin, Abu Hafs, was a member of Al Qaeda. Slahi transferred 4 thousand dollars to Hafs twice, once in December 1997 and once in December 1998. During a coercive interrogation, Slahi said that he transferred the money in order to support Al Qaeda. He later said that he was only helping Hafs send money to his family in Mauritania. 


Slahi lived in Canada from November 1999 to January 2000. During that time an Al Qaeda cell in Canada launched the “millennium plot,” a failed attempt to bomb the Los Angeles International Airport on New Years Eve 1999.


In November 2001 Slahi was arrested by Mauritanian authorities. He was then sent to Jordan. He was transferred to US custody in July 2002. He was sent to Guantanamo in August 2002.


Slahi was recommended for prosecution by Obama’s Guantanamo task force in January 2010. Slahi won his habeas case in March 2010.  In November 2010 the DC appeals court ordered the district court to rehear Slahi’s case using a different legal standard.



Mohamedou Slahi provided a copy of his memoirs to the online newsmagazine Slate. He remains at Guantanamo to this day. 

Saturday, February 22, 2014

Saifullah Paracha


ISN: 1094
Nationality: Pakistani


The following is a summary of the allegations against Saifullah Paracha found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below. Saifullah’s son Uzair Paracha was convicted of material support for terrorism in a federal court.


Saifullah Paracha was a Pakistani businessman.


KSM said that Saifullah, Ammar al Baluchi and Majid Khan discussed a plan for al-Qaeda to use Saifullah’s textile business to smuggle explosives, specifically C4, into the US.  KSM said the explosives would have been shipped in containers Saifullah used to ship women’s and children’s clothing into the US.


At his ARB Saifullah said that this allegation, “is absolutely baseless.” He said that his company only facilitated agreements between buyers and sellers of textiles, and that it did not ship any goods itself.


A statement from Majid Khan was presented at Saifullah’s ARB saying that Khan was not aware of a plan to use Paracha’s company to smuggle chemicals.


KSM said that Saifullah told al-Baluchi that he believed he could obtain unspecified chemicals from Chinese sources. KSM said that he assumed Saifullah was talking about chemical or biological weapons. KSM said that plans for shipping explosives into the US included transporting them with legitimate items in regular shipping containers, as Saifullah said that the containers would not be opened. 

Saifullah’s DAB says that he admitted advising al-Baluchi on methods to smuggle chemicals into the US. 

At his ARB Saifullah said that he didn’t know anything about the shipping regulations of the US.


Saifullah’s DAB says that he explained to KSM his plan to have Osama Bin Laden read Koranic verses on his broadcast network.


At his ARB, Saifullah said he met with someone who was going to meet with Osama bin Laden and proposed to him to have Osama record programs in English based on Koranic verses.


Al-Baluchi said he used Saifullah’s TV studio to record a video of an al-Qaeda fighter discussing his experience fighting at Tora Bora, Afghanistan. The video was then given to Al Jazeera.


At his ARB, Saifullah said that al-Baluchi was allowed to use his company’s studio to test the equipment for a discussion program.


KSM said that he gave Saifullah between 500 thousand to 600 thousand dollars for safekeeping.  Al Balucci said that in November 2002 KSM told him to retrieve the money from Saifullah.


At his ARB, Saifullah said that he referred KSM to a bank his company used to set up a bank account.


Saifullah’s DAB says that when he was arrested he had his SF-5580 Casio digital diary with him. The digital diary contained references to chemical, biological, and nerve agents Saifullah had recorded. The chemicals referenced included Sarin, Soman, and Cyclosarin.


This specific allegation about the chemical agents was not presented to Saifullah at his ARB for him to respond to.


Al Baluchi said that Saifullah did not know that he or KSM were members of Al Qaeda.


At his ARB Saifullah said that he did not know that Al Baluchi or KSM were members of Al Qaeda.


At his CSRT KSM said that made false statements as a result of torture.


Saifullah Paracha was arrested in July 2003 in Thailand. He was transferred to Guantanamo in September 2004. He was recommended for prosecution by Obama's Guantanamo task force in January 2010.

Thursday, February 20, 2014

Uzair Paracha


I am not a lawyer, but if I were to give one piece of advice to terrorism defendants, it would be to take a plea deal if it is offered.


In November 2005 Uzair Paracha was prosecuted for material support for terrorism, among other charges.


Majid Khan was a US resident who returned to Pakistan in 2002 to visit his wife without giving required notice to the American Immigration Department. At Uzair’s trial, prosecutors argued that Uzair posed as Khan in order to give immigration authorities the impression that Khan had not left the U.S. Prosecutors said that Uzair posed as Khan while on the phone with immigration authorities, used Khan’s bank cards, and also agreed to obtain travel documents for Khan and bring them back to Pakistan.


Prosecutors argued that if Khan had been able to return to the United States, he would have attempted to enact a terrorist plot to blow up gas stations in the US.


At the trial both the prosecution and defense agreed that Majid Khan was a member of Al Qaeda. Uzair said that at the time he made the call, he did not know that Khan was a member of Al Qaeda. Prosecutors argued that he did.


Among Uzair’s belongings, US investigators found Khan’s bank card, social security card, driver’s license, and a handwritten list of instructions from Khan directing Paracha on how to pose as Khan when talking to the Immigration department. US investigators also found that Uzair had a key to the post office box where Khan’s immigration documents were to be sent.


Prosecutors said that Uzair admitted to the FBI that he had known about Khan’s terrorist connections when he made the call. One of Uzair’s Defense attorneys, Edward Wilford, said the FBI had denied Paracha food and sleep and strip searched him during endless hours of questioning, “the ideal conditions to create a false confession.''


Uzair’s defense attorneys were not allowed to question Majid Khan or Ammar al-Baluchi, another accused Al Qaeda member, even though both were in CIA custody at the time. A statement created from US interrogations of the two men was provided to the defense. The statement said that the two members had said that, “neither Paracha nor his father, knowingly aided al-Qaeda.”


Uzair was offered a 22 month plea deal that amounted to little more than the prison time he had already served. Uzair turned down the plea deal and insisted on his innocence.


In November 2005 Uzair was convicted of material support for terrorism, conspiracy to provide material support for terrorism, providing funds, goods, or services to Al Qaeda, conspiracy to provide funds, goods, or services to Al Qaeda, and identification documents fraud committed to facilitate an act of international terrorism.



In July 2006 Uzair was sentenced to 30 years in prison. 

Saturday, February 15, 2014

The Allegations Against Mohammad Al Qahtani

ISN: 063
Nationality: Saudi


The following is a summary of the allegations against Mohammad Al Qahtani found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  



Mohammad Al Qahtani is accused of attempting to be a highjacker in the 9/11 attacks.


Mohammad arrived at the Orlando International Airport on August 4, 2001. Immigration officials noted that he did not have a return ticket. He contradicted himself in his answers to their questions. He was denied entry into the US and returned to Dubia via London. 


Mohammad was captured fleeing from Afghanistan to Pakistan with other suspected Al Qaeda members by Pakistani forces in December 2001.


Mohammad told US interrogators he attended 2 Al Qaeda training camps, Al Faruq, and Tarnak Farm.


KSM, the self-proclaimed mastermind of the 9/11 attacks, identified Mohammad as an intended 9/11 highjacker. Mustafa Al Hawsawi, a defendant in the 9/11 trial,  said that Mohammad Atta called him with instructions to make reservations and buy airline tickets to Orlando, Florida for 5 individuals, including Mohammad.


Soon after arriving at Guantanamo, Mohammad confessed to attempting to be a 9/11 highjacker.


This confession, however, was obtained through torture. He later retracted this confession. He now says he had no plans to participate in the 9/11 attacks.


As I explained in the previous post, Mohammad was tortured extensively at Guantanamo. KSM was waterboarded by the CIA 183 times. Hawsawi was also tortured by the CIA. If the claims made by these individuals about Mohammad were obtained through torture, as they almost certainly were, they would be inadmissible in court. They would also be completely unreliable. People who are tortured will say whatever they believe their captors want to hear in order to make their torture stop.


That only leaves the circumstantial evidence about Mohammad being denied entry into the US in August 2001 and his capture by Pakistani forces, hardly enough to prosecute him in a court of law.


The FBI was sent in to interrogate prisoners who had been tortured by the CIA after they arrived at Guantanamo, in the hope that those interrogations could be used in court. The Washington Post said that these “clean teams” concluded that Mohammad Al Qahtani attempted to be a highjacker in the 9/11 attacks. It did not say on what evidence this conclusion was based.


Former Chief Prosecutor at Guantanamo Colonel Morris Davis believed that he could build a compelling case against Mohammad Al Qahtani without using anything he said in US custody. Davis believed that due to Mohammad’s mistreatment anything he had said was unreliable.


Convening Authority Susan Crawford did not think there was enough evidence to prosecute Mohammad in court. In 2008 Crawford did not allow charges to be brought against him due to his torture.


She told the Washington Post, "there's no doubt in my mind he would've been on one of those planes had he gained access to the country in August 2001. He's a muscle hijacker. . . . He's a very dangerous man. What do you do with him now if you don't charge him and try him? I would be hesitant to say, 'Let him go.' "


In May 2009 Obama gave a speech on national security where he said, “there may be a number of people who cannot be prosecuted for past crimes, in some cases because evidence may be tainted, but who nonetheless pose a threat to the security of the United States.”


In January 2010 Mohammad Al Qahtani was recommended for prosecution by Obama’s Guantanamo task force. 

The Torture of Mohammad Al Qahtani


This article relies heavily on the summary of Mohammad Al Qahtani’s interrogation logs found in “Guantanamo and the Abuse of Presidential Power” by Joseph Marguiles, a defense attorney who has represented Guantanamo prisoners. I could not more highly recommend this book for those who are interested in understanding Guantanamo.


In June 2005, Time Magazine published a US military interrogation log of Mohammad Al Qahtani, documenting his interrogations at Guantanamo from late November 2002 through January 2003.


He was often woken up at 4 AM and interrogated until midnight. For 48 of the 54 days detailed in the document, Mohammad was interrogated 18 to 20 hours a day. If he fell asleep during the interrogation, he awoke to water being splashed on him.


He was repeatedly and deliberately dehumanized by his interrogators. He was told that, “no one loved, cared, or remembered him.” He was, “reminded that he was less than human and that animals had more freedom and love than he does.”


Afterward, he was, “taken to see a family of banana rats. The banana rats were moving around freely, playing, eating, showing concern for one another. Detainee was compared to the family of banana rats and reinforced that they had more love, freedom, and concern than he had. Detainee began to cry during this comparison.”


Mohammad was, “told a dog is held in higher esteem because dogs know right from wrong and know to protect innocent people from bad people. Began teaching the detainee lessons such as stay, come, and bark to elevate his social status up to that of a dog. Detainee became very agitated.”


His interrogators tied a leash to him and forced him to perform a series of dog tricks.


Military dogs were used, “in an aggressive manner” to scare him.


Mohammad told his interrogators that his religion forbids him from even speaking to a woman. He was made to stand naked in front of his interrogators, including women. He was repeatedly, “subjected to the close physical presence of a woman.” Twice, military police held him down while a female interrogator straddled him.


He was told his mother and sister were whores and that he was a homosexual. He was forced to dance with a male interrogator.


During an interrogation, he was not allowed to go to the restroom and peed his pants. The log says that afterward he began to, “understand the futility of his situation…. He is much closer to compliance and cooperation than at the beginning of the operation.”


During his interrogation, Mohammad Al Qahtani confessed to attempting to be a highjacker in the 9/11 attacks. While Mohammad has retracted this confession, the US military still believes that he attempted to be a highjacker on 9/11. As we will see, his torture has made it considerably more difficult to prosecute him for his alleged attempted role in the attack.


In 2007, President Bush said that the US, “does not torture.”

Friday, February 7, 2014

Ravil Mingazov

ISN: 702
Nationality: Russian


The following is a summary of the allegations against Ravil Mingazov found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  



Ravil Mingazov does not want to be sent back to Russia.

Mingazov was captured by Pakistani authorities during raids on suspected safe houses in Faisalabad, Pakistan in March 2002.The US military believes that Mingazov was part of Abu Zubadah’s Martyrs Brigade, which was allegedly using the safe houses to build IEDs to be used against US and coalition forces in Afghanistan.  He was transferred to US custody in May 2002.

Mingazov told US interrogators in Afghanistan that he joined the Islamic Movement of Uzbekistan, a militant group with connections to Al Qaeda. He also said that he attended three militant training camps, an IMU training camp, al-Faruq, and Kara Karga. Mingazov said that even though he doesn’t speak Arabic, at Al Qaeda’s al-Faruq training camp he was forced to attend speeches given by Osama Bin Laden and often fell asleep from boredom. Kara Karga is also run by Al Qaeda. Mingazov said he was trained on poisons at his time at the camp.

Mingazov was sent to Guantanamo in October 2002.  After he arrived at Guantanamo, he changed his story.

He told his new story to his Administrative Review Board in June 2006.

He said that he was in charge of supplying food for a section of the Russian army stationed in Tajikistan. He said his problems began when he converted to Islam. He tried to get the army to provide Halal food and prayer time for Muslim members of the Russian army. He said that this brought him problems from the KGB. He said he discussed his concerns with a public official and a meeting of a national party. He said that due to his persecution, he decided to move to a new country. He said he would bring his family to that country once he found a place for them to live. He believed Afghanistan was the easiest country to travel to, so he went there to find a new home.

He went to Tajikistan and told Tajik authorities he was a member of the Islamic Movement of Uzbekistan because the Tajik government was sending IMU members to Afghanistan. Mingazov fled Afghanistan after the American invasion and went with other refugees to a center in Lahore run by Jamaat Tablighi. He was told it would be easier to leave Pakistan if he went to a house in Faisalabad, Pakistan. He was offered transportation to the house. After he arrived, he was sent to another house in Faisalabad. That was the house where he was arrested with the suspected members of Abu Zubaydah’s Martyrs Brigade.

He told his ARB that he was interrogated by the CIA in Bagram. He said his interrogator told him that if he didn’t have anything significant in his background, he would be released. Mingazov said he heard that there were planes at Bagram taking Russian prisoners back to Russia. Ravil Mingazov did not want to go back to Russia. He heard they were sending significant people to Cuba. He said that a representative from the Red Cross said that conditions in Cuba (Guantanamo) were very good.  

He said he weighed his options, “whether I would like to go to Cuba where they have very good conditions and maybe the human rights or go back to Russia where I would have to end up eating pork.” He heard that in America some people deliberately break the windows of department stores in the winter in order to end up in jail for three or four months. He said he lied about his attendance at militant training camps in order to be sent to Guantanamo so he wouldn’t be sent back to Russia.

One of the prisoners captured in the raid on the house where Mingazov was captured said that Mingazov was a missionary. Another said he was a student. 

In November 2002 a Russian delegation visited Mingazov and expressed Russia’s wish that he be repatriated to Russia to face criminal prosecution for treason for working with US intelligence services.

Mingazov told his ARB that he heard that delegations from Chechnya used to come to America and Costa Rica and have good relationships with those countries, but after what happened in Afghanistan, they changed their views. He disagrees with that policy change. He also stated that he believed that the United States is supporting Northern Alliance Fighters who are killing innocent people.

Due to translation issues it is not clear whether he  believes that the Russian government is enmeshed with the Russian mafia or believes that they act like the mafia.

In January 2010 Mingazov was recommended for prosecution by Obama’s Guantanamo task force.

Ravil Mingazov does not want to be sent back to Russia.


Wednesday, February 5, 2014

Obaidullah

ISN: 762
Nationality: Afghan


On July 20, 2002 American Special Forces raided a house near Khost, Afghanistan. They were acting on a tip from a source who said someone living in the house was hiding anti-tank mines to be used against US and coalition forces. They found 23 active anti-tank mines and 7 empty mine shells with the explosives removed outside the house, buried beneath three feet of dirt. Also during the raid, US forces seized Obaidullah, who was carrying a notebook containing detailed written instructions and schematics explaining how to prepare and activate command-detonated explosives.


During the raid they also found a Toyota Corolla with Taliban propaganda and dried blood in the back seat. During Obaidullah’s Habeas Corpus Case in 2010 Judge Richard Leon cited an intelligence report that said Obaidullah had been seen taking injured militants, “from the scene of an allegedly premature IED explosion,” to a hospital.


Obaidullah was held in US military prisons in Afghanistan where he admitted that about a month before his capture, Karim Bostan, who is also a prisoner at Guantanamo, convinced him to join Bostan’s Al Qaeda cell. Obaidullah said they developed plans to attack US and Coalition forces with landmines.


Obaidullah was sent to Guantanamo in October 2002. After he arrived at Guantanamo, he changed his story. He said he gave a false confession in Afghanistan because he was abused by US forces.


Obaidullah said his family went to Pakistan in 1983 due to the Soviet invasion of Afghanistan. He said they returned after the war. He said that during the war Ali Jan, a local communist commander, lived in their home. He said that Ali had left mines and explosives behind after he left. He said that he had buried the mines outside his house with his uncle.


Obaidullah said that the Taliban forced him to take explosives training in August 2001 and that he took the notes in his notebook during the two days he was there. He said he left after he realized the training was dangerous and hid from the Taliban. He also said he didn’t understand most of the notes he took. He said he was using the blank pages in the notebook for other purposes.


Likely story.


In September 2008 Obaidullah was charged in a military commission with conspiracy and material support for terrorism.


In Febrary 2011 Obaidullah’s military defense team sent military investigator Richard Pandis to Afghanistan to obtain evidence.


Pandis’s investigation lasted through Spring and Summer 2011 and corroborated all of Obaidullah’s claims. Pandis talked to witnesses who confirmed that Obaidullah was subjected to sleep deprivation and physically abused by soldiers in Afghanistan. American witnesses said that, “one service member was punished for having another service member photograph him as he struck Obaidullah in the head with a rifle.” The camera was destroyed by US personnel.


McClatchy reported that torture was rampant at Bagram, one of the US military prisons in Afghanistan where Obaidullah was held, during the time he was there.


A witness identified the mines buried around Obaidullah’s house as the same kind that were there when communist commander Ali Jan lived in the house during the Soviet invasion. Family members and other witnesses confirmed Obaidullah’s claim about being forced to attend military training by the Taliban and leaving after a few days. They also said Obaidullah was not connected with Al Qaeda.


But what of the blood in the car?


Pandis found that the report about Obaidullah transporting wounded militants to the hospital was the result of an inference made after the blood was discovered in the car. He had not been identified driving the injured militants. Pandis also found that Toyota Corollas are very common in that part of Afghanistan.


Pandis also learned that the Toyota Corolla was borrowed for the sole purpose of transporting Obaidullah’s wife to the hospital for the birth of his first child, a daughter. Due to having to stop at several militia checkpoints, Obaidullah’s wife gave birth in the Toyota Corolla. His daughter was born about two days before he was captured by US forces. The bloodstains were from the birth of Obaidullah’s daughter.


Why didn’t he tell this to his interrogators? Pashtun tribal customs consider it taboo to discuss childbirth.


Obaidullah has been in US custody for the entire life of his only child, his 11-year old daughter, save for a few days.


Pandis tried to find the car in order to do forensic testing. He learned that the car had been seized by US forces during the raid where Obaidullah was captured. The US military gave the car to local Afghan militias working with them. The family tried to get the car back, but failed. For several years they tried to raise the money to pay back the person they borrowed the car from. Eventually they had to sell part of the family farm to pay the lender back. Pandis was unable to find the car.



In June 2011 the charges against Obaidullah were dismissed without prejudice. He remains at Guantanamo to this day. 

Abdelrazak Ali Abdelrahman


ISN: 685
Nationality: Algerian


The following is a summary of the allegations against Abdelrazak Ali Abdelrahman found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  


Abu Zubaydah identified Abdelrazak as a member of his “Khaldan group.” Zubaydah also said that he invited Abdelrazak to join his Martyr’s Brigade, a unit Zubaydah said he conceived while in jail in Pakistan. Zubaydah said the brigade was originally created to conduct attacks against US-based targets employing remotely detonated explosives activated by Pakistan-based triggermen using cell phones.


According to Abdelrazak’s DAB, “the residents of the Issa Safe House were part of a network poised to launch attacks against American installations and embassies in various countries.” Zubaydah said his long-term intent was to train suicide bombers and place IEDs to attack US and Coalition targets in Afghanistan.


Ibn Al Shaykh Al Libi said Abdelrazak attended Khaldan, a militant training camp Al Shaykh ran. Abu Zubaydah, who helped the trainees at Khaldan with travel arrangements, also said Abdelrazak attended Khaldan. Al Shaykh said Abdelrazak was not a member of Al Qaeda because Al Qaeda does not accept Algerians.


All of these allegations come from either Abu Zubaydah or Ibn Al Shaykh Al Libi. Both of these prisoners were tortured extensively by the CIA. It is not clear if these claims came before, during, or after their torture.


Abdelrazak says he was in Pakistan preforming missionary work for Tablighi Jamaat. He said the only time he was in Afghanistan was after he was sent there after he was captured. He denies any involvement with Al Qaeda and said he never attended Khaldan.


According to Stratfor, Tablighi Jamaat (which means Group for Preaching), “sends missionaries across the globe on proselytizing missions intended to bring wayward Muslims back to more orthodox practices of Islam.”


Abdelrazak’s DAB says that, “Al Qaeda is known to have used JT to facilitate and fund the international travel of its members.”


Stratfor takes a more nuanced, and likely more accurate position on the relationship between TJ and Al Qaeda. 


“Although the TJ organization unintentionally serves as a front for, or conduit to, militant organizations such as al Qaeda, there is no evidence that the Tablighis act willingly as a global unified jihadist recruiting arm. Rather, such activities appear to occur without the knowledge or consent of TJ leaders. Additionally, because of the very size of the organization and its activities in Muslim communities in the West, a great many Muslims have had some sort of contact with the group. TJ itself, however, is not an intentional propagator of terrorism.”



Abdelrazak was captured by Pakistani forces during raids on safe houses in Faisalabad, Pakistan in March 2002. He was transferred to US custody in May 2002. He was sent to Guantanamo in June 2002. He was recommended for prosecution by Obama’s Guantanamo task force in January 2010.  

Monday, February 3, 2014

Abd al Hadi Al Iraqi

ISN: 10026
Nationality: Iraqi


The following is a summary of the allegations against Abd al Hadi Al Iraqi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  


Abd Al Hadi was sent to Guantanamo in April 2007. In January 2010 he was recommended for prosecution by Obama’s Guantanamo task force.


In August 2013 Al Hadi was charged in a military commission.


According to his charge sheet, between approximately March 2002 and 2004 Al Hadi directed, organized, funded, supplied and oversaw all of al Qaeda’s operations against US forces, coalition forces, and civilians in Afghanistan and Pakistan. 

Al Hadi is charged with denying quarter, “while in a position of effective command and control over subordinate forces,” for ordering, “that there shall be no survivors, when it was foreseeable that circumstances would be such that a practicable and reasonable ability to accept surrender would exist, with the intent to conduct hostilities such that there would be no survivors.”


Al Hadi is charged with attacking protected property for, “intentionally attack[ing] a military medical helicopter, which was protected property under the laws of war as a military medical aircraft bearing the emblem and distinctive sign of medical services of armed forces […] by firing at said military medical helicopter as it attempted to evacuate a United States military casualty from the battlefield.”


Al Hadi is charged with using treachery or perfidy for using a vehicle appearing to be a civilian vehicle to “invite the confidence and belief of at least one person” that the vehicle “was entitled to protection under the law of war” and detonated a bomb in that vehicle to attack a bus carrying members of the German military. Al Hadi is alleged to have done the same to attack a coalition convoy carrying members of the British and Estonian militaries. Al Hadi is also alleged to have used perfidy by using a suicide bomber appearing to be a noncombatant civilian to attack a convoy carrying members of the Canadian military.


Al Hadi is charged with attempted use of treachery or perfidy for attacking a US military convoy by detonating explosives in a vehicle appearing to be a civilian vehicle in an attack that did not result in death or injury.

                                                                                                  

Ahmed Mohammed Ahmed Haza Al Darbi

ISN: 768
Nationality: Saudi


The following is a summary of the allegations against Ahmed Al Darbi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  


Al Darbi faces active charges in the military commissions system. According to his charge sheet, Al Darbi was involved with 3 militant training camps. He is alleged to have trained at Khaldan and Al Qaeda’s Jihad Wahl and to have taught at Al Qaeda’s Al Farouq. 

His charge sheet also says that he purchased a crane, GPS devises, and a boat to be used in a plot organized by al Nashiri to sink a petroleum tanker in the Strait of Hormuz in order to cause a world-wide economic depression. In October 2002 an attack on a French ship operated by a Malaysian oil company killed a Bulgarian crew member. The ship was the MV Limburg. A group linked to Al Qaeda claimed responsibility for the attack. 

In December 2013 Al Darbi was charged with attacking civilians, attacking civilian objects, hazarding a vessel, terrorism, and attempt in a military commission.


Al Darbi’s DAB says that he was arrested in Azerbaijan for having counterfeit money. He was later transferred to US custody. He was sent to Guantanamo in August 2002. 

Lillie

Mohammed Nazir Bin Lep

ISN: 10022
Nationality: Malaysian


The following is a summary of the allegations against Lillie found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  


According to his DAB, Lillie told US interrogators he attended the Al Qaeda Al Faruq training camp. At his CSRT, Lillie issued a statement through his personal representative where he denied ever supporting Al Qaeda.


Malaysian Al Qaeda and JI member Masran bin Arshad said that he, Lillie, and Zubair were part a plot called the, “West Coast Airliners Plot” that involved high-jacking an airplane and flying it into, “the tallest building in California.” In his statement at his CSRT, Lillie said he didn’t know anything about the plot. He says he committed no crime against the United States.


Zubair said that the plot was cancelled because Arshad was arrested. Arshad said that the plot was cancelled because Richard Reid had exposed al Qaeda’s method of operation for the west coast plot. Zubair said that he was afraid Arshad would tell the authorities of others involved in the plot. Afterwards, Zubair said that he traveled with Lillie to a different hotel every few days.


Lillie’s DAB says he was involved in the transferring of money used to fund the bombing of the Marriott Hotel which killed 12 people.  Lillie’s CSRT statement said that he moved money for Hambali but that he didn’t know what it would be used for. He said he didn’t know anything about a hotel bombing.


Lillie’s DAB says that Lillie told US interrogators that Hambali told him to case Israeli El Al flights transiting Don Muang Airport in Bangkok, Thailand. Lillie’s DAB says Hambali corroborated Lillie’s admission in statements to US interrogators.


Lillie’s DAB says that he planned on personally driving a truck loaded with one to three tons of explosives alongside the US Embassy in Kuala Lumpur, Malaysia. He says he thinks about it constantly and would continue to think about it until the day he died. Lillie said he wanted to become a martyr and die during an attack on the US Embassy, and he added he had the same feelings as of 2006. He said he first started thinking about attacking the embassy after the US embassy bombing in Kenya.


According to his DAB, Lillie also said he wanted to conduct a suicide bombing on a Bangkok district frequented by tourists with many hotels, dance clubs, and bars.


Also according to his DAB, Lillie told US interrogators he wanted to marry four women and have 12 children by each wife. He dreams of bringing each of his children into jihad and to build an army from his family.


According to his DAB, Lillie also said he thought it a good idea to attack world sporting matches because of the many westerners in attendance at these events. He said he was not afraid of accidently killing Muslims during such an attack because any Muslim attending such a sinful event would not be a pious Muslim and that killing them would not be a problem.  



Lillie was arrested in August 2003 in Thailand. He was sent to Guantanamo in September 2006. Lillie is one of the high value detainees which are held in a separate part of Guantanamo away from the general population. Lillie was recommended for prosecution by Obama’s Guantanamo task force in January 2010. 

Zubair

Mohd Farik Bin Amin

ISN: 10021
Nationality: Malaysian


The following is a summary of the allegations against Zubair found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  


Zubair’s DAB says he is a member of JI and Al Qaeda. Zubair told US interrogators he trained at Al Qaeda’s Al Faruq training camp. JI and Al Qaeda member Masran Bin Arshad said that he (Arshad) was chosen to participate in a plan to attack “the tallest building in California” in the “West Coast Airliners Plot.” Arshad said that Zubair was part of the planned attack as well. Zubair said he discussed the plot with KSM. Zubair said that Hambali told him he was chosen for the plot because Arabs would have trouble operating in the US after 9/11.


Zubair said that the plot was cancelled because Arshad was arrested. Arshad said that the plot was cancelled because Richard Reid had exposed al Qaeda’s method of operation for the west coast plot. Zubair said that he was afraid Arshad would tell the authorities of others involved in the plot. As a result he traveled with Lillie to a different hotel every few days.


Zubair’s DAB says he transported 50,000 dollars to be used to fund JI’s August 2003 bombing of the Mariott Hotel in Jakarta, Indonesia. The attack on the Mariott killed 12 people.


Zubair said Hambali sent him to case an Israeli airline in March or April 2002. Zubair said he decided on his own to case the Israeli embassy. Zubair said he attempted to purchase a missile from a contact in Cambodia. Zubair’s DAB says that he scouted the US and British Embassies in Phnom Penh, Cambodia.


Out of all of the plots Zubair is alleged to have participated in (in his DAB), only the Mariott bombing actually took place.



Zubair was arrested after leaving a bookstore in Thailand. He was sent to Guantanamo in September 2006. He is a High Value Detainee and is held in a separate section of Guantanamo away from the general inmate population. Zubair was recommended for prosecution by Obama’s Guantanamo task force in January 2010. 

Hambali

Riduan Isamuddin

ISN: 10019
Nationality: Indonesian


The following is a summary of the allegations against Hambali found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.  



Hambali’s DAB says that he is a member of Jemaah Islamiya (JI) and Al Qaeda. Hambali was wanted for arrest by Indonesian authorities in connection with a series of coordinated bombings of Indonesian churches in Jakarta and eight other cities. The bombings took place on December 24, 2000 and killed 18 people. Hambali told US interrogators he was involved in the December 2000 Indonesia church bombings. He said his actions were just because of injustices being committed towards Muslims in Indonesia.


According to a JI member, Hambali was also involved in the bombing of the residence of the Philippine ambassador to Indonesia on August 1, 2000. That bombing killed two people and seriously injured the Philippine ambassador.


Hambali was sentenced by a Cambodian court, in absentia, to life imprisonment for planning strikes against the US and British embassies in Phnom Penh, Cambodia.

Al-Hadi said that Hambali was responsible for the October 2002 bombing of two nightclubs in Bali that killed 202 people.


Hambali’s DAB says that he told Zubair to case Israeli El-Al flights out of Muang airport in Bangkok and to purchase a surface to air missile. His DAB also says that he surveyed the Israeli Embassy himself in 2002.


The US government believes that there was an aborted part of the 9/11 attacks to high-jack planes belonging to US airlines and crash them into US military facilities in Asia. Hambali’s DAB says two members of Al Qaeda stayed at his house while they prepared for the attack.


Hambali’s DAB says that he sent money to be used in the bombing of the J.W. Marriot hotel and the Australian Embassy in Indonesia. The August 2003 bombing of the Marriot hotel in Jakarta, Indonesia killed 12 people.



Hambali was captured in August 2003 in Thailand through a joint US-Thai operation. He was sent to Guantanamo in September 2006. Hambali is one of the high value detainees which are held in a separate part of Guantanamo away from the general population. Hambali was recommended for prosecution by Obama’s Guantanamo task force in January 2010. 

Saturday, February 1, 2014

The prosecution of Sufyian Barhoumi

Sufyian Barhoumi was charged in the first version of the military commissions. But those charges were dropped after the Supreme Court ruled that version of the military commissions was unconstitutional in Hamdan v Rumsfeld. In May 2008 Barhoumi was charged in a military commission with conspiracy and material support for terrorism. Those charges were dismissed in October 2008. In January 2009 he was once again charged with conspiracy and material support for terrorism.


Barhoumi almost secured a plea deal with a 20 year sentence. The plea deal was not reached due to a disagreement over whether Barhoumi should get credit for time served.


In October 2012 the DC appeals court overturned the conviction of Salim Hamdan for Material Support for terrorism because the law that gave military commissions jurisdiction over that crime was enacted in 2006, years after Hamdan was captured. In January 2013 the DC appeals court overturned the conviction of Ali Ah-Bahlul for material support for terrorism and conspiracy for the same reason.


As a result, the charges against Barhoumi were dismissed in January 2013. Barhoumi’s lawyer Justin Swick told Wall Street Journal reporter Jess Bravin that, “for years your ticket out of Guantanamo was being found guilty, now there’s nothing to be found guilty of.”


In his article, Bravin explained that, “elsewhere in the American justice system, suspects go free unless prosecutors file charges. In Guantanamo, the opposite is true: Detainees who aren’t charged […] nevertheless face indefinite detention because the Pentagon has classified them as enemy combatants.”


Barhoumi was dismayed when he learned the charges against him were dropped. He told prosecutors he would plead guilty to any charge and ask for leniency in the sentencing phase of the trial.  


Barhoumi’s lawyers told Bravin that prosecutors won’t file charges against him unless he agrees to testify against other detainees. Barhoumi declined their offer, saying he will not help convict someone in a system he sees as illegitimate.



Barhoumi has been at Guantanamo for over 11 years. 

The Allegations against Sufyian Barhoumi

ISN: 694
Nationality: Algerian


The following is a summary of the allegations against Sufyian Barhoumi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.   


Sufyian told US interrogators he attended 3 militant training camps in Afghanistan. Two Guantanamo prisoners, Mohmedou Ould Slahi and Jabran Al Qahtani, said that Sufyian was an explosives trainer. Jabran Al Qahtani also said Sufyian was an electronics trainer. Another Guantanamo prisoner, Ahmed Mohammed Al Darbi, said that Sufyian was a trainer at the Khalden militant training camp. Al Darbi says that Sufyian told him he was only at Khaldan to train before going back to Algeria to fight.


The next few claims about Sufyian Barhoumi in his DAB are sourced to “sensitive reporting.” Two of these claims relate to Abu Zubaydah, which means that “sensitive reporting” may refer to Abu Zubaydah’s torture, up to and including waterboarding. Abu Zubaydah was waterboarded at least 83 times.


According to “sensitive reporting,” Sufyian spoke with Al-Qaeda’s second most senior explosives specialist, Abd Al-Rahman Al Muhajir, in 2001 in Kabul. Sufyian reportedly said that Muhajir was seeking his expertise in the development of remote control devices. The US government believes that Al Muhajir was the bomb-maker in the bombing of US embassies in Kenya and Tanzania in 1998.


Also according to “sensitive reporting” Sufyian met with Abu Zubaydah many times from 1996 to 2002 and disclosed to Al Qaeda leaders that he was a trained remote control devise specialist who had training in car bombs, explosives, and small arms. Sufyian’s DAB says that remote control devises are used for the purpose of detonating explosives.


“Sensitive reporting” also says that Sufyian went to Abu Zubaidah’s residence in Faisalabad Pakistan after fleeing Afghanistan, where they organized a remote control training session. Abu Zubaidah provided the funds to purchase the parts and at least 2 Saudis participated in the training. Based on other US government documents, it is possible these two Saudis were Abdullah al Sharbi and Jabran al Qahtani. Sufyian reportedly claimed to have fought against coalition forces in 2001.


Through his lawyer Barhoumi told the Wall Street Journal he, “was in the wrong place at the wrong time” and that, “he had never seen Mr. Zubaydah before arriving at the safe house.”



Sufyian was captured in March 2002 by Pakistani security forces during a night raid. Abu Zubaidah was also captured during that raid. He was later transferred to US custody. He arrived at Guantanamo in June 2002. 

Jabran Said Wazar al Qahtani

ISN: 696
Nationality: Saudi


The following is a summary of the allegations against Jabran al Qahtani found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.   


Jabran said he went to Afghanistan after the 9/11 attacks to fight the Americans. He told US interrogators that he attended a militant training camp in a camp north of Kabul. He also said he was trained at a camp in Faisalabad, Pakistan on how to construct electronic circuit boards to be used as timing devises in bombs to be used against US forces in Afghanistan. Jabran said if he was released he would immediately return to Afghanisan to fight the Americans. He also said he wanted to kill President Karzai of Afghanistan and King Fahad of Saudi Arabia because, “they were Americans.”


Jabran would later deny any involvement with al Qaeda, other terrorist organizations, going to Afghanistan to obtain training, or bomb making. Jabran was captured in a safe house in Faisalabad, Pakistan by Pakistani forces. Jabran’s ARB summary said that at the time of his capture he was surrounded by electrical engineers, explosives specialists, electronics equipment, and handwritten training manuals. Jabran was later transferred to US custody. He arrived at Guantanamo in August 2002.


Jabran was charged in the first version of the military commissions. The charges were dismissed when that version of the commissions was declared unconstitutional by the Supreme Court in Hamdan v Rumsfeld.


In May 2008 Jabran was charged in a military commission with conspiracy and material support for terrorism. Those charges were dismissed without prejudice in August 2008. He was charged again in January 2009. Those charges were dismissed without prejudice in January 2013.


Ghassan Abdullah al-Sharbi

ISN: 682
Nationality: Saudi


The following is a summary of the allegations against Ghassan al Sharabi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.   


Ghassan stayed at a guest hose run by Abu Zubaydah in Faisalabad, Pakistan. Abdullah says that he arrived at the house in mid-February 2002. He says he taught classes to the other residents of the house in computers and English. Ghassan would later tell US interrogators that he thought the house was being financed by an Arab student society and that if he knew the residents of the house were fighters he would not have stayed there.


Two other prisoners at Guantanamo identified Ghassan as having attended Al-Farouq, an Al Qaeda training camp.


The unclassified summery of one of Ghassan’s Administrative Review Boards says that he was trained on how to construct remote control devises that could be used to detonate car bombs to attack US forces in Afghanistan. The ARB said that another planned use for the devises was to detonate a bomb in the United States with a mobile phone in Pakistan. The evidence for this accusation is not stated.


Pakistani forces captured Ghassan in a raid on the guesthouse on March 28, 2002. He was later transferred to US custody. He was sent to Guantanamo in June 2002.


Ghassan was charged in the first version of the military commissions. The charges were dismissed after that version of the military commissions was declared unconstitutional by the Supreme Court in Hamdan v Rumsfeld.



Ghassan was charged with conspiracy and material support for terrorism in January 2009. The charges were dismissed without prejudice in January 2013. 

Zuhail Abdo Anam Said al Sharabi

ISN: 569
Nationality: Yemeni


The following is a summary of the allegations against Zuhail al Sharabi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.   


Zuhail told US interrogators he was a member of Al Qaeda, a claim he later denied. Five Guantanamo prisoners identified Zuhail as being a bodyguard for Osama Bin Laden. Waleed Bin Attash said that he and Zuhail received training in English, reading airline timetables and how to function in western cities in December 1999. The US government believes that this means that Zuhail was part of an aborted part of the 9/11 attacks that involved high jacking planes belonging to US airlines and crashing them into US military facilities in Asia. Zuhail admitted to traveling to Malaysia, where the plot was allegedly being planned. Zuhail admitted he was sent to the front lines in Afghanistan to fight against US and coalition forces. He claims he never used his weapon or killed anyone.



Zuhail was captured in February 2002 during a raid by Pakistan’s ISI on a suspected Al Qaeda safe house in Karachi, Pakistan. He was later transferred to US custody. He arrived at Guantanamo in May 2002. 

Abdu Ali al Haji Sharqawi

ISN: 1457
Nationality: Yemeni


The following is a summary of the allegations against Abdu Sharqawi found in publicly available US military documents. If US military documents about this prisoner are inaccurate or misleading then this summary will be as well. The introduction to this set of summaries explains some of the terms used below.   


Abdu told US interrogators that he sent promising Yemeni Al Qaeda recruits to Afghanistan to become bodyguards for Osama Bin Laden. Abdu’s DAB says he was responsible for moving money and fighters into Afghanistan prior to the fall of the Taliban. His DAB also says that after the Taliban fell, Abdu provided assistance to hundreds of foreign fighters seeking to flee from Afghanistan to Pakistan or to their home countries. Abdu said that if he was released he would likely rejoin Osama Bin Laden. Abdu was captured in a raid by Pakistan’s ISI on a suspected safe house in Karachi in February 2002. Abdu was later transferred to US custody. He arrived at Guantanamo in September 2004.


The unclassified summary one of Abdu’s ARBs said that Abdu stated he did not accept Osama Bin Laden’s claim that American civilians were legitimate targets because they paid taxes and supported the American government. His ARB summary also says that while Abdu stated Osama bin Laden and al Qaeda are against the United States, his support of al Qaeda did not put him in opposition of the United States.


Abdu was recommended for prosecution by Obama’s Guantanamo task force in January 2010.