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Combatant Status Review TribunalEdit
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.
There is no record that Salah Bin Al Hadi Asasi chose to participate in his Combatant Status Review Tribunal.
- a. The detainee is associated with al Qaida and the Taliban.
- Originally from Menzil Tunisia, the detainee relocated to Turin, Italy in 1997.
- In February 2001, the detainee was recruited to fight the jihad in Afghanistan by Noor-Deen, a known al Qaida recruiter, at the Via Berreti mosque in Turin.
- In July 2001, the detainee traveled the route provided by his recruiter from Milan, Italy to Kabul, Afghanistan, via Tehran, Iran; Mashad, Iran; and Herat Afghanistan.
- Once in Afghanistan, the detainee sought out the Taliban and requested to be placed on the front lines.
- The detainee received training on the AK-47 rifle from the Taliban in Jabul Sabr.
- The detainee worked for the Tunisian Al Qaida faction in Afghanistan.
- b. The detainee participated in military operations against the United States or its coalition partners.
- The detainee was assigned to a Taliban commander and deployed to Jabul Sabr, a mountain outpost north of Kabul.
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.
Third annual Administrative Review Board hearing -- 2007Edit
On January 9, 2009, the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official. The review board convened on June 7, 2007. The Board's recommendation was unanimous. The Board's recommendation was redacted. The Board's recommendation was forwarded to England on September 9, 2007. England authorized continued detention in October 2007.
- ↑ list of prisoners, US Department of Defense, May 15, 2006
- ↑ '  The New York Times
- ↑ http://english.aljazeera.net/news/americas/2010/02/201022423250919279.html
- ↑ OARDEC (2004-10-04). "Summary of Evidence for Salah Bin Al Hadi Asasi". United States Department of Defense. pp. 57–58. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#57-58.
- ↑ "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. [x "Unclassified Summary of Evidence for Administrative Review Board in the case of"]. United States Department of Defense. pp. pages. x. Retrieved 2008-09-28.
- ↑ OARDEC (2007-09-09). "Administrative Review Board assessment and recommendation ICO ISN 968". United States Department of Defense. pp. page 538. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2954-3508.pdf#538. Retrieved 2009-01-18.
- ↑ OARDEC (2007-06-07). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 968". United States Department of Defense. pp. pages 539–546. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2954-3508.pdf#539. Retrieved 2009-01-18.
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