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Asim Thahit Abdullah Al Khalaqi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba.[1] His Guantanamo Internment Serial Number is 152. Joint Task Force Guantanamo counter-terrorism analysts estimate Al Khalaqi was born in 1968, in Riyadh, Saudi Arabia.

As of December 4, 2009, Asim Thahit Abdullah al Khalaqi has been held at Guantanamo for seven years 11 months.[2]

Combatant Status Review Tribunal[]

File:Trailer where CSR Tribunals were held.jpg

Combatant Status Review Tribunals were usually held in a trailer.

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.[3] 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.

Summary of Evidence memo[]

A Summary of Evidence memo was prepared for Asim Thahit Abdullah Al Khalaqi's Combatant Status Review Tribunal, on 4 November 2004. [4] The memo listed the following allegations against him:

a. The detainee was associated with al Qaida and the Taliban:
  1. The detainee arrived in Afghanistan in late 2001 from Yemen via Saudi Arabia and Pakistan.
  2. The detainee is associated with the Jama'at al Tabligh.
  3. The Jama'at al Tabligh, a Pakistan-based Islamic missionary organization, is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
  4. The detainee is associated with the Jaish e Mohammed Islamic Fundamentalist Group.
  5. The Jaish E Mohammed Islamic Fundamentalist Group is a terrorist organization associated with al Qaida and the Taliban.
  6. The detainee completed paramilitary training.
  7. The detainee may have stayed in a guesthouse in Afghanistan.
b. The detainee engaged in hostilities against the United States or its coalition partners:
  1. The detainee was at the front lines in Bagram.


Transcript[]

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

Testimony[]

Press comments[]

On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[6] Al Khalaqi was one of the detainees profiled. According to the article his transcript contained the following exchange:

al khalaqi: Are these evidence or accusations?
tribunal president: They are in the form of both...
Al Khalaqi: I'm sorry, I just don't understand. How does it fit the two pictures or definitions? For example, if I say this table is the chair and the chair is the table and they are the same thing, does that make sense?
tribunal president: No, that doesn't make sense. But this process makes sense to me and hopefully it will make sense to you, because you're the one who's going to have to provide us with evidence and tell us that you did or did not do these things as listed on the summary of evidence.
Al Khalaqi: So I just answer the accusations. But I'm going to call it accusations. I'm not going to call it evidence.
tribunal president: Very well, you can call it as you wish.

Habeas corpus submission[]

Al Khalaqi is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by US District Court Judge Reggie B. Walton on January 31, 2007.[7]

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 re-instated.

On 2008 July Civil Action No. 05-CV-999 was re-filed on Asim Ben Thabit Al-Khalaqi behalf. His was the sole case in 05-CV-999.

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]

First annual Administrative Review Board[]

A Summary of Evidence memo was prepared for Asim Thahit Abdullah Al Khalaqi's first annual Administrative Review Board, on 29 June 2005.[9] The memo listed factors for and against his continued detention.

Second annual Administrative Review Board[]

A Summary of Evidence memo was prepared for Asim Thahit Abdullah Al Khalaqi's second annual Administrative Review Board, on 4 April 2006.[10] The memo listed factors for and against his continued detention.

References[]

  1. OARDEC (May 15, 2006). "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. ' [1] The New York Times
  3. Q&A: What next for Guantanamo prisoners? [2] 2002-01-21 mirror
  4. OARDEC (4 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Khalaqi, Asim Thahit Abdullah". United States Department of Defense. pp. page 52. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#52. Retrieved 2007-12-04. 
  5. Summarized transcripts (.pdf), from Asim Thahit Abdullah Al Khalaqi'sCombatant Status Review Tribunal - pages 11-23
  6. "Why Am I in Cuba?", Mother Jones (magazine), July 12, 2006
  7. Reggie B. Walton (January 31, 2007). "Gherebi, et al. v. Bush" (PDF). United States Department of Justice. http://www.pegc.us/archive/In_re_Gitmo/order_RBW_20070131.pdf. Retrieved May 19, 2007. 
  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 (29 June 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Khalaqi, Asim Thahit Abdullah". United States Department of Defense. pp. pages 74–75. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#74. Retrieved 2007-12-04. 
  10. OARDEC (4 April 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Khalaqi, Asim Thahit Abdullah". United States Department of Defense. pp. pages 22–25. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#22. Retrieved 2007-12-04. 

External links[]

File:P vip.svg Biography portal


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