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Lotfi Bin Ali is a Tunisian currently held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number is 894. When the Department of Defense released a full list of all the detainees from Guantanamo it published an estimate that he was born in 1965, in Tunis, Tunisia.

As of today Lotfi Bin Ali has been confined in the Guantanamo camps for 15 years, 9 months, and 10 days.[2][3] He arrived there on February 7, 2003.[4]

Inconsistent identificationEdit

During his Administrative Review Board hearing Lufti bin Ali explained that his real name was Lufti Bin Ali -- not Mohammad Abdul Rahman.[5] He said he had told his interrogators this many times. He denied that he was traveling on a false passport. He was traveling on legitimate travel documents issued in his own name -- Lufti Bin Ali.

Combatant Status Review TribunalEdit

File:Trailer where CSR Tribunals were held.jpg

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to detainees 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 detainees 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 detainees were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the detainee had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

Summary of Evidence memoEdit

A Summary of Evidence memo was prepared for Mohammed Abdul Rahman's Combatant Status Review Tribunal, on October 19, 2004.[8] The memo listed the following allegations against him:

The detainee is associated with al Qaida and the Taliban:
  1. Detainee traveled to Afghanistan in 1998 and remained living in Afghanistan until 2001.
  2. Detainee stayed at an Algerian guest houses on multiple occasions in Jalalabad, Afghanistan.
  3. Detainee stayed at a guest house, which is associated with individuals who have trained at al Qaida camps.
  4. The detainee associated with several terrorists.


TranscriptEdit

Lotfi chose to participate in his Combatant Status Review Tribunal.[9] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcript from his Combatant Status Review Tribunal.[10]

Administrative Review Board hearingEdit

File:ARB trailer.jpg

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 memoEdit

A Summary of Evidence memo was prepared for Mohammed Abdul Rahman first annual Administrative Review Board, on April 28, 2005.[13] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee left Italy for Pakistan in 1998.
  2. The detainee lived in and traveled back and forth between Pakistan and Afghanistan until his detention in Quetta, Pakistan.
  3. The detainee met Pakistanis from the ICI Mosque in Milan who were trying to recruit people to go to Pakistan and Afghanistan.
  4. The Islamic Cultural Institute was known as the ICI. This mosque was shut down by Italian authorities for housing the Sami Essid Ben Khemais network, which is the core for the Tunisian Combat Group (TCG) in Italy.
  5. The detainee frequented a Tunisian guesthouse while living in Jalalabad, Afghanistan.
  6. The Tunisian guesthouse was operated by a Tunisian cell with possible ties to al Qaida.
  7. The detainee stayed at a guesthouse, which is associated with individuals who have trained in al Qaida camps.
b. Associations
  1. The detainee admitted associating with various known terrorists in Jalalabad and Kabul, Afghanistan.
  2. The detainee participated in establishing the Tunisian Combatant Group (TCG).
  3. The detainee was a member of the Tunisian Combatant Group (TCG) Advisory Council.
  4. The Department of Homeland Security lists the Tunisian Combatant Group as a terrorist organization.
c. Intent
  1. The detainee admitted to having an illegal passport.
  2. The detainee has an extensive criminal record with the Italian authorities.
  3. The detainee admits he has used over 50 aliases between 1988 and 1998.
  4. The detainee is reportedly a member of the Armed Islamic Group (GIA).
  5. The Armed Islamic Group (GIA) is a terrorist organization.
d. Training
  1. The detainee was conscripted into the Tunisian military at around the age of 20; and served one-year mandatory service in Tunis, Tunisia. The detainee learned to fire a rifle while in the Tunisian military but did not receive any other type of formal military training.
  2. The detainee was identified by a senior al Qaida lieutenant as having studied at the Khaldan camp in 1998 or 1999.
  3. The Khalden camp provided training to include but not limited to: basic military training, mortars, explosives, and first aid.


The following primary factors favor release or transfer

a. The detainee says he was not in Pakistan for jihad and no one he associated with was involved in jihad.
b. The detainee denied knowing any terrorists in Italy and denied being a terrorist.
c. The detainee states that he went to Afghanistan because the Pakistani government started a campaign against Arabs.


TranscriptEdit

Lotfi chose to participate in his Administrative Review Board hearing.[5] In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a thirteen page summarized transcript from his Administrative Review Board.[10]

Board recommendationsEdit

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[14][15] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on September 2, 2005.

ReferencesEdit

  1. OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/. Retrieved 2008-12-22.  mirror
  3. Guantanamo Docket: Lofti bin Ali [1] 2008-11
  4. "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21. 
  5. 5.0 5.1 OARDEC. "Summary of Administrative Review Board Proceedings of ISN 894". United States Department of Defense. pp. pages 64–76. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_1_395-584.pdf#64. Retrieved 2008-04-25. 
  6. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  7. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  8. OARDEC (October 19, 2004). "Summary of Evidence for Combatant Status Review Tribunal — Rahman, Mohammed Abdul". United States Department of Defense. p. page 49. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#49. Retrieved 2008-04-25. 
  9. OARDEC (date redacted). "Summarized Statement". United States Department of Defense. pp. pages 26–29. http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_44_2922-3064.pdf#26. Retrieved 2008-04-25. 
  10. 10.0 10.1 US releases Guantanamo files [2] April 4, 2006
  11. Review process unprecedented [3] Spc Timothy Book Friday March 10, 2006
  12. OARDEC provides recommendations to Deputy Secretary of Defense [4] Army Sgt. Sarah Stannard October 29, 2007
  13. OARDEC (April 28, 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Rahman, Mohammed Abdul". United States Department of Defense. pp. pages 19–21. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001046-001160.pdf#19. Retrieved 2008-04-25. 
  14. OARDEC (September 2, 2005). "Administrative Review Board assessment and recommendation ICO ISN 894". United States Department of Defense. pp. page 91. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000484-000582.pdf#91. Retrieved 2008-04-25. 
  15. OARDEC (May 6, 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 894". United States Department of Defense. pp. pages 92-. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000484-000582.pdf#92. Retrieved 2008-04-25. 

External linksEdit


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