Farhi Saeed bin Mohammed

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Farhi Saeed bin Mohammed, also known as Saiid Farhi, is an Algerian previously unlawfully held in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 311. Farhi was born on March 29, 1961, in Churchelle, Algeria.

He was released to the government of Algeria on January 6, 2011.

Background

Saiid Farhi is one of the captives who remain in Guantanamo without charge. His first writ of habeas corpus was filed in 2004. He had a new writ of habeas corpus filed in 2008 – Civil Action No. 08-CV-1347. He has a thirty-day protective order filed on his behalf—requiring the government to advise his attorney thirty days prior to transferring him from Guantanamo—because he fears the results if he were to be repatriated to Algeria.

Combatant Status Review tribunal

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 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 Saiid Farhi's Combatant Status Review Tribunal, on 29 September 2004. The memo listed the following allegations against him:

The detainee is a member of, or associated with, al Qaida:

1. The detainee left Algeria in 1989 and went to France, where he lived for six to seven years.
2. Detainee left France in 1996 or 1997 and traveled to Italy, he then traveled to England in January 2001.
3. While in England, the detainee attended the Finsbury Park Mosque and Baker Street Mosque, both known extremist mosques.
4. Detainee left England in June 2001 to travel to Afghanistan, via Pakistan, to look for a wife.
5. Detainee stayed in an Algerian house while in Jalalabad, Afghanistan.
6. Detainee traveled to Kabul where he stayed for one and one half months.
7. Pakistani authorities captured detainee when he attempted to cross the border between Afghanistan and Pakistan.
8. Detainee received injuries during a bus accident while in the custody of the Pakistani authorities.

Transcript

There is no record that Saiid Farhi chose to participate in his Combatant Status Review Tribunal.

Administrative Review Board hearing

File:Administrative Review Board hearing room.jpg

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".

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. 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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Saiid Farhi's first annual Administrative Review Board, on 21 March 2005. The memo listed factors for and against his continued

The following primary factors favor continued detention

a. Commitment

1. Detainee left England in June 2001 to travel to Afghanistan, via Pakistan, to look for a wife.
2. Detainee’s overall behavior has been non-compliant and aggressive. He has harassed the guards throughout his time at JTF GTMO. He has been involved in volatile situations, including inciting riots and trying ot harm the guard force. Detainee has also failed to comply with the rules of the cellblocks and the guard force.

b. Training

1. The detainee received weapons training at the Bagram Front.

c. Connections/Associations

1. While in England. The detainee attended the Finsbury Park Mosque and Baker Street Mosque, both known extremist mosques.
2. The detainee stayed in an Algerian house while in Jalalabad, Afghanistan.
3. While attending a funeral in Kabul shortly after September 11, 2001, the detainee saw Usama Bin Laden.

d. Intent

1. Using a stolen French passport, the detainee traveled from France to Italy in 1997 and from Italy to England in January 2001.
2. The detainee related that he believes Americans are tyrants.

e. Other Relevant Data

1. Pakistani authorities captured the detainee when he attempted to cross the border between Afghanistan and Pakistan.
2. Detainee received injuries during a bus accident while in the custody of the Pakistani authorities.
3. Bus accident occurred during an escape attempt by Arab prisoners and several Pakistani guards were killed.

The following primary factors favor release or transfer

a. The detainee stated that September 11 was not right.

b. The detainee stated he never heard of al Qaida until after September 11. He described al Qaida as a platform or foundation.

c. Regarding his future intentions, the detainee stated that if released, he wants to “live a good life”, consisting of marriage, having children, getting a job, and living in Europe.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Saiid Farhi's second annual Administrative Review Board, on 3 December 2004. The memo listed factors for and against his continued detention.20 February 2006

The following primary factors favor continued detention

a. Commitment

The detainee entered Italy illegally in 1997. While in Rome the detainee purchased a French Passport from Algerian robbers in the name of Oliber Jean Christian Marie Joseph Bayart.

b. Training

1. The detainee was conscripted into the military in 1981. The detainee served with a construction service unit that was assigned to military bases. The detainee's military specialty was construction: roads, plumbing, building and painting. The detainee received two months of basic training with the Kalashnikov and Seminov rifles. The detainee spent one week in a military prison because of a fistfight with an officer. The detainee received an honorable discharge in 1983.
2. The detainee went to the Bagram from where he received some weapons training.
3. Another detainee identified the detainee as an individual who trained with him at the Algerian Camp and they eventually traveled to Kandahar.

c. Connections/Associations

1. The detainee saw Usama bin Laden shortly after 11 September 2001. Usama bin Laden was attending a funeral in Kabul. The detainee and a friend happened to be passing by on the street and stopped to attend the funeral. The cemetery was on the outskirts of Kabul.
2. Another detainee identified the detainee as someone he saw at a safe house in Jalalabad, Afghanistan.
3. The detainee admitted to the authorities of a foreign government that he fought on the front lines.

The following primary factors favor release or transfer

a. The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.

b. The detainee never heard of al Qaida until after 11 September 2001. The detainee described al Qaida as a platform of foundation. The detainee did not carry any weapons while in Afghanistan. The detainee is against fighting. If the detainee wanted to fight, he said he would have done it in Algeria. The detainee ran away from those types of problems years before and did not want to encounter them again.

c. The detainee was asked about his Jihad intentions and he related that he did not go to Afghanistan to fight, he went to marry. The detainee stated that he was a peaceful person and reiterated that he wants to live a good life.

Third annual Administrative Review Board

A Summary of Evidence memo was prepared for Saiid Farhi's third annual Administrative Review Board, on March 14, 2007. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment

1. The detainee is a suspected member of al Qaida who participated in action against coalition forces in Afghanistan. The detainee reportedly attended training at al Qaida's Derunta and al Farouq Training CampS in Afghanistan.
2. The detainee stated he entered Italy illegally in 1997. While in Italy, the detainee purchased a French passport from Algerian robbers.
3. The detainee stated he used the French passport purchased from the Algerian robbers to travel to England on 7 January 2001. After arriving in England the detainee had an individual fraudulently attach his photograph to the passport.
4. Approximately two weeks after the detainee arrived in England, the detainee met a Moroccan at a mosque. The Moroccan facilitated the detainee's travel to Pakistan by obtaining a fraudulent visa and paying for the detainee's airplane ticket from England, to Islamabad, Pakistan. The detainee traveled to Pakistan on 2 June 2001 and met an individual arranged by the Moroccan. That individual arranged for the detainee to be driven into the mountains of Pakistan and then continue on foot crossing the border into Afghanistan without showing any papers. Once in Afghanistan, the detainee continued on to an Algerian guest house.
5. A source identified the detainee as someone he saw at the Algerian safe house in Jalalabad, Afghanistan in August 2001.
6. The detainee was detained by Pakistani authorities in December 2001 with a group of 13 others while crossing into Pakistan. Several individuals in the group were confessed members of al Qaida while others admitted to fighting on behalf of the Taliban. The detainee stated he received weapons training at the front in Bagram, Afghanistan and spent some time in an Algerian guest house in Jalalabad, Afghanistan.

b. Training

1. The detainee stated he was conscripted into the Algerian Army in 1981. The detainee served with a construction service unit assigned to military bases. The detainee's specialty was construction. The detainee also received two months of basic training with the Kalashnikove and Seminov rifles.
2. The detainee was identified as having trained at the Algerian training camp located near Kabul, Afghanistan.

c. Connections/Associations

1. The detainee stated he frequented the Finsbury Park mosque in London, England.
2. The Finsbury Park Mosque in London, England was linked with a gathering of Islamic fundamentalists organized by an Islamic extremist group. A number of senior Muslim leaders gave presentations praising Usama bin Laden and justifying the 11 September 2001 attacks on the United States.
3. The detainee stated that after attending the Finsbury Park Mosque he began attending the Baker Street Mosque in London England on a regular basis.
4. The Baker Street prayer group in London England was run by a Palestinian cleric named by the United Nation as a terrorist suspect whose assets were frozen.
5. The detainee stated he saw Usama bin Laden shortly after 11 September 2001 while living in Kabul, Afghanistan. Usama bin Laden was attending a funeral in a cemetery on the outskirts of Kabul. The detainee and a friend happened to be passing by on the street and stopped to attend the funeral.

The following primary factors favor release or transfer

a. The detainee stated his sole reason for traveling to Afghanistan was to meet a Swedish woman.

b. The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001, and also denied knowledge of any rumors of plans of future attacks on the United States or United States interests.

c. The detainee stated he never heard of al Qaida until after 11 September 2001. The detainee described al Qaida as a platform or foundation.

d. The detainee stated he did not carry any weapons while in Afghanistan and that he is against fighting.

e. The detainee stated he was a peaceful person and wants to live a good life. The detainee wants to marry, have children, get a job and live a good life. The detainee wants to marry, have children, get a job and live in Europe.

f. The detainee stated he does not nor has he ever had any affiliation with al Qaida. The detainee did not know of the group's existence before he went to Afghanistan. The detainee stated he was never affiliated with any non-governmental organizations and does not know if any mosques he was affiliated with any non-governmental organizations and does not know if any mosques he was affiliated with are involved with non-governmental organizations. The detainee stated he mostly went to the mosques looking for work and did not spend much time there.

Statement

Saiid Farhi did not attend his hearing in person, but a statement of his responses to the factors was read aloud and discussed, during the unclassified session of his hearing. However, the transcript of the unclassified session was withheld.

Board recommendations

On January 9, 2009 the Department of Defense published heavily redacted memos from Saiid Farsi's third review board. Their recommendations were unanimous—and redacted. But Gordon England, the Designated Civilian Official, cleared him for repatriation. His third board convened on March 29. Their memos were forwarded to England for his decision on June 22. He authorized transfer on July 23.

External links

• Judge Orders Release Of Algerian From Guantánamo (But He’s Not Going Anywhere) Andy Worthington November 24, 2009
• Six detainees would rather stay at Guantanamo Bay than be returned to Algeria The Washington Post July 10, 2010
• How Binyam Mohammed’s Torture Was Revealed in a US Court Andy Worthington May 4, 2010
• Judge Kessler’s unclassified opinion in bin Mohammed’s case (PDF)
• Legacy of Torture New York Times

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