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Rashid Awad Rashid Al Uwaydah is a citizen of Saudi Arabia, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 664. American intelligence analysts estimate he was born in Sakaka, Saudi Arabia.
Combatant Status Review Tribunal Edit
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.
Summary of Evidence memo Edit
- a. The detainee is associated with al Qaida:
- The detainee voluntarily traveled from Saudi Arabia to Pakistan in June or July 2001.
- One of the detainees known aliases was on a list of captured al Qaida members that was discovered on a computer hard drive associated with a senior al Qaida member.
- The detainee's name is on a list of "trust accounts of al Qaida Mujahidin found during raids against al Qaida safe houses in Pakistan.
- The detainee's name is on a list of names, aliases and nationalities recovered during raids of suspected al Qaida safe houses in Pakistan.
A petition of habeas corpus was filed on his behalf. Over two hundred captives had habeas corpus petitions filed on their behalf before the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 closed off the captives' access to the US civilian justice system. On 12 June 2008, in its ruling on the Boumediene v. Bush habeas corpus petition, the United States Supreme Court over-rode the Congress and Presidency, and restored the captives' access to habeas corpus.
On 17 April 2007 the United States Department of Justice filed a petition to close over one hundred habeas petitions because those captives had been set free, been repatriated, or died in custody. Rashid Awadh Rashid Al-Uwaidah was one of the captive this motion reported had "left GTMO".
In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives. The Department of Defense published sixteen pages from his Tribunal. Tribunal panel 7 convened on 24 October 2004 and confirmed his enemy combatant status.
Administrative Review BoardEdit
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.
First annual Administrative Review Board hearingEdit
The following primary factors favor continued detention
The following primary factors favor release of transfer
- a. Commitment
- The detainee voluntarily traveled from Saudi Arabia to Pakistan in June of July 2001.
- b. Connections/Associations:
- A list containing the detainee’s name was found on a floppy disk recovered from the raid of an al Qaida residence in Pakistan.
- The detainee’s name is on a list of ‘trust’ accounts of al Qaida Mujahideen found during raids against al Qaida safehouses in Pakistan.
- The detainee’s name is on a list of names, aliases and nationalities recovered during raids of suspected al Qaida safehouses in Pakistan.
- c. Other Relevant Data:
- The detainee traveled to Pakistan to escape possible arrest by Saudi authorities for drug dealing. In Pakistan he attempted to acquire drugs for resale in Saudi Arabia.
- The detainee was arrested in Islamabad, Pakistan with several Libyans who were helping Arabs get out of Pakistan.
- The detainee stated he is not a terrorist; however he believes Americans are enemies of God. The detainee explained that because the Koran states Americans are infidels, all fighting against them is justified.
- a. The detainee was identified by a delegation from his country of origin as being of low intelligence or law enforcement value to the U.S. and unlikely to pose a terrorist threat to the U.S. or its interests. Further, the delegation indicated the government it represented would be willing to take custody of the detainee for possible prosecution.
- b. The detainee said he had never been in Afghanistan until the Americans put him in prison there.
- c. The detainee denied having any affiliation with al Qaida or the Taliban.
- d. The detainee denied having any knowledge of the attacks in the U.S. prior to the execution on September 11 and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.
Rashid Awad Rashid Al Uwaydah chose to participate in his Administrative Review Board hearing.
Board recommendations Edit
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official. The Board's recommendation was unanimous. Because the memos are so heavily redacted the Board's actual recommendation is not public.
- ↑ OARDEC (15 May 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through 15 May 2006" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (2004-10-05). "Summary of Evidence for Combatant Status Review Tribunal -- Al Uwaydah, Rashid Awad Rashid". United States Department of Defense. pp. page 30. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000500-000599.pdf#30. Retrieved 2007-11-20.
- ↑ 3.0 3.1 OARDEC (2004-10-24). 64-79 "Rashid Awad Rashid Al Uwaydah v. George W. Bush". United States Department of Justice. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_3291-3416.pdf#64-79 64-79. Retrieved 2009-08-21.
- ↑ Exhibit B: List Of Enemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody  17 April 2007
- ↑ OARDEC (8 August 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29.
- ↑ "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.
- ↑ OARDEC (2005-06-08). "Unclassified Summary of Evidence for Administrative Review Board in the case of Uwaydah, Rashid Awad Rashid Al". United States Department of Defense. pp. pages 85–86. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000495-000594.pdf#85-86. Retrieved 2009-08-02.
- ↑ Summary of Administrative Review Board Proceedings for ISN 664  OARDEC redacted
- ↑ OARDEC (26 July 2005). "Administrative Review Board assessment and recommendation ICO ISN 664". United States Department of Defense. pp. pages 88–89. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000392-000483.pdf#88. Retrieved 2007-11-20.
- ↑ OARDEC (14 June 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 664". United States Department of Defense. pp. pages 90–95. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000392-000483.pdf#89. Retrieved 2007-11-20.
- ↑ Anant Raut, Jill M. Friedman (19 March 2007). "The Saudi Repatriates Report" (PDF). http://www.fotofest.org/guantanamo/SaudiReport.pdf. Retrieved 21 April 2007.