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Riyad Atiq Ali Abdu al Haf is a Yemen citizen who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba until December 19, 2009.[1][2][3] His Guantanamo Internment Serial Number was 256. Joint Task Force Guantanamo counter-terrorism analysts estimate that Al Radai was born in 1982, in Riyadh, Saudi Arabia.

Combatant Status Review Tribunal[]

File:Trailer where CSR Tribunals were held.jpg

Combatant Status Review Tribunals were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.[4][5] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[6]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.[7] 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.

allegations[]

The allegation against captive 256 from his Summary of Evidence stated[3]  :

a The detainee is a Taliban supporter:
  1. The detainee voluntarily traveled from Yemen to Afghanistan.
  2. When he arrived in AF, the detainee was picked up in a car by a group of Taliban and driven to Kandahar.
  3. Once in Kandahar, the detainee stayed at a Taliban guesthouse for 2 to 3 weeks.
  4. Upon arriving in Kabul, the detainee stayed in another Taliban guesthouse, known as Kabul House, for a week.
  5. The detainee admitted he agreed to serve the Taliban.
b The detainee participated in military operations against the coalition.
  1. The detainee was posted on the front line in Bagarah for a month, where he carried a Kalashnikov.
  2. While the detainee was posted on the front line in Bagarah, he carried a Kalashnikov rifle.


Response to the allegations[]

The captive's Personal Representative submitted a brief handwritten note to the Tribunal that said:

This exhibit recounts the statements made by detainee ISN #### to me during interviews:

  1. The detainee stated that he did not fight against US forces or its allies.
  2. Soon after his arrival to Kabul, he was in a hospital for approximately 6 months until his departure from Afghanistan.

#################
#################
MAJ USAF

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]

The factors for and against continuing to detain Al Radia were among the 121 that the Department of Defense released on March 3, 2006.[9]

The following primary factors favor continued detention

a. Al Haj is a Taliban supporter
  1. Al Haj voluntarily traveled from Yemen to Afghanistan.
  2. When Al Haj arrived in AF, the detainee was picked up in a car by a group of Taliban and driven to Kandahar.
  3. Once in Kandahar, Al Haj stayed at a Taliban guesthouse for 2 to 3 weeks.
  4. Upon arriving in Kabul, Al Haj stayed in another Taliban guesthouse, known as Kabul House, for a week.
  5. Al Haj admitted he agreed to serve the Taliban.
b. Al Haj participated in military operations against the coalition.
  1. Al Haj was posted on the front line in Bagarah for a month, where he carried a Kalashnikov.
c. Al Haj is an Al Qaida member.
  1. Al Haj is a suspected courier and recruiter for Al Qaida. Al Haj went home to Yemen often (every 5 or 6 months).
  2. Al Haj's name was found on a document listing Arabic names recovered from an Al Qaida safe house in Karachi, Pakistan.
  3. A foreign government listed Al Haj as an Al Qaida member whom they believe to be in Afghanistan as of 15 December 2001.
d. Based upon a review of recommendations from U.S. agencies and classified and unclassified documents, Al Haj is regarded as a continued threat to the United States and its Allies.


The following primary factors favor release of transfer

Detainee's Conduct: AL HAJ's overall behavior has been generally compliant and non-aggressive. Detainee has been found with extra food in his cell. On one occasion, he had to be removed from his cell and escorted to the interrogation room, on 21 February 2004. There have been no significant violations since.


Transcript[]

Al Radai did not choose to attend his Administrative Review Board hearing.[10] But he dictated his responses to the factors to be presented on his behalf.

References[]

  1. The Guantanamo Docket - Riyad Atiq Ali Abdu al Haj al Radai
  2. "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. 
  3. 3.0 3.1 documents (.pdf) from Atag Ali Abdoh Al-Haj's Combatant Status Review Tribunal - August 4, 2004 Cite error: Invalid <ref> tag; name "CsrtAtagAlHaj" defined multiple times with different content
  4. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  5. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  6. "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. 
  7. Q&A: What next for Guantanamo prisoners? [1] 2002-01-21 mirror
  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. Factors for and against the continued detention (.pdf) of Riyad Atiq Ali Abdu Al Haj Al Radai Administrative Review Board - page 34
  10. Summarized transcript (.pdf), from Riyad Atiq Ali Abdu Al Haj Al Radai's Administrative Review Board hearing - page 82

External links[]


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