Al Khadr Abdallah Muhammed Al Yafi

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Al Khadr Abdallah Muhammed Al Yafi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] His detainee ID number is 034. Joint Task Force Guantanamo counter-terrorism analysts estimate Al Yafi was born in 1970, in Lawdar, Yemen.

[edit] Combatant Status Review Tribunal

CSRT notice read to a Guantanamo captive.

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 Tribunal. 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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi Combatant Status Review Tribunal, on 14 October 2004.^[2] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida:

1. Detainee traveled to Afghanistan in 1999.
2. Detainee studied for six months at the Dimaj Institute.
3. The Dimaj Institute is a known terrorist training center.
4. Detainee was in Tora Bora.
5. Detainee was seen in Kandahar circa 1999.
6. Detainee possibly was seen at the al-Zubayr guesthouse (associated with al Qaida) before 11 September 2001.
7. Detainee, reflecting on his time in Afghanistan, could not name one of the smaller villages or towns in which he claimed to have taught the Koran, nor could he name one person he had met, including one of his students.
8. Detainee served in the Yemeni military in the infantry unit from 1985-1987. He was trained to use the Kalashnikov rifle, handguns, and various other weapons.

[edit] Administrative Review Board hearings

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".^[3]

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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi's first annual Administrative Review Board, on 22 September 2005.^[4] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. The detainee was seen in Tora Bora.
2. The detainee was on the front line in Kabul, Afghanistan.
3. The detainee fled Afghanistan in early December 2001, and was arrested when he crossed the border by Pakistani border guards.

b. Training

1. The detainee served two and a half years in the Yemeni Army.
2. The detainee studied for six months at the al Dimaj Institute.
3. The Dimaj Institute is a known terrorist training center.

c. Connections/Associations

1. A senior al Qaida Lieutenant recalled possibly seeing the detainee at the al Zubayr guesthouse prior to the 11 September 2001 attacks.
2. A senior al Qaida commander recalled seeing the detainee in a Kabul, Afghanistan guest house.
3. A bodyguard of Usama bin Laden saw the detainee at an Arab compound in Kandahar, Afghanistan.
4. The detainee's name was found in a document listing al Qaida members.

[edit] The following primary factors favor release or transfer:

The detainee stated he never fought against the Northern Alliance, has never met Usama bin Laden and never attended the Dimaj institute.

[edit] Transcript

Al Khadr Abdallah Muhammed Al Yafi chose to participate in his first annual Administrative Review Board hearing.^[5]

[edit] Confusion

Al Khadr Abdallah Muhammed Al Yafi did not understand why he was being referred to as an enemy combatant.

[edit] Enemy Combatant election form

Al Khadr Abdallah Muhammed Al Yafi's Assisting Military Officer reported they met on October 4, 2005 for 40 minutes. The Assisting Military Officer described him as "cooperative and very polite".

[edit] Response to the factors

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Al Khadr Abdallah Muhammed Al Yafi's second annual Administrative Review Board, on 19 May 2006.^[6] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. The detainee attended a mosque in Yemen and at various times listened to sermons urging Muslims to seek a better life for themselves. On one occasion the detainee listened to a sermon given by Sheikh Muqbil al Wadi.
2. The detainee said it was a tough decision but he decided to return home and sell his sheep so that eh could travel to Afghanistan to teach.

b. Training

1. The detainee attended army basic training in Aden, Yemen.
2. The detainee served two and a half years in the Yemeni army.
3. The detainee received training on the Kalashnikov ^[sic] (rifle), light arms, handguns and shoulder-fired weapons.
4. The detainee studied for six months at the al Dimaj Institute in Sadah, Yemen under Sheik Muqbuil al Wadi.
5. The al Dimaj Institute (Training Center) was used for indoctrination and recruiting grounds for foreign extremists/terrorists seeking entry into other paramilitary or jihad organizations.

c. Connections/Associations

1. The detainee met a Pakistani who spoke of traveling to Afghanistan to spread the word of Islam.
2. The detainee and the Pakistani flew to Pakistan through Dubai, [[United Arab Emirates. Upon arrival in Karachi, Pakistan they rested at a place similar to a hotel for several days with other people the detainee did not know. After approximately one week in Karachi, they traveled by bus to Quetta, Pakistan. They rented a taxi with other passengers and traveled to Afghanistan.
3. The detainee and the Pakistani traveled together for two years in Afghanistan.
4. A senior al Qaida lieutenant stated he recalled possibly seeing the detainee at the al Zubayr guest house prior to the 11 September 2001 attacks.
5. A senior al Qaida commander recognized the detainee. He stated he recognized the detainee's face as a Yemeni he saw in the Kabul guest house, probably in the 1999-2000 time frame.
6. A bodyguard of Usama bin Laden stated he saw the detainee (circa 1999) at an Arab compound in Kandahar, Afghanistan.
7. The detainee's name was found on a list of 324 Arabic names, aliases and nationalities recovered from a safe house connected with suspected al Qaida in Pakistan.

d. Other Relevant Data

1. The detainee fled Afghanistan in early December 2001. He joined a group of thirty-one Arabs guided by three guides to the Afghan/Pakistani border. He was arrested by Pakistani border guards.
2. The detainee said he traveled with a group of individuals through the mountains and valleys for many days.
3. The detainee was seen at Tora Bora.

[edit] The following primary factors favor release or transfer:

a.	The detainee stated his military service was compulsory.
b.	The detainee stated he went to Afghanistan to spread the word of Islami.
c.	The detainee said during his time in Afghanistan he never met Usama bin Laden, never heard him speak, and was not aware that Usama bin Laden was in any area the detainee visited.
d.	The detainee said he fled Afghanistan for his safety.
e.	The detainee stated he never fought against the Northern Alliance, has never met Usama bin Laden and never attended the al Dimaj Institute.
f.	The detainee denied he ever stayed or trained at any training camps while in Afghanistan.
g.	The detainee stated that the people responsible for the attacks of 11 September 2001 should all be killed because this goes against the teachings of the Koran.
h.	The detainee denies any knowledge about past or future attacks on the United States and its interests.

[edit] References

1. ^ OARDEC (May 15, 2006). 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. Retrieved on 2007-09-29.
2. ^ OARDEC (14 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Yafi, Al Khadr Abdallah Muhammed page 33. United States Department of Defense. Retrieved on 2008-01-15.
3. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
4. ^ OARDEC (22 September 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yafi, Al Khadr Abdallah Muhammed pages 41-42. United States Department of Defense. Retrieved on 2008-01-13.
5. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN 034 pages 53-62. United States Department of Defense. Retrieved on 2008-01-15.
6. ^ OARDEC (19 May 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yafi, Al Khadr Abdallah Muhammed pages 56-58. United States Department of Defense. Retrieved on 2008-01-13.