Saleh Abdall Al Oshan

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Saleh Abdall al Oshan
Born:	1979 (age 28–29) Riyadh, Saudi Arabia
Detained at:	Guantanamo
ID number:	248
Conviction(s):	no charge, held in extrajudicial detention
Status	determined not to be an enemy combatant after all

Saleh Abdall al Oshan is a citizen of Saudi Arabia, held in extrajudicial detention is the United States Guantanamo Bay detainment camps, in Cuba.^[1] His Guantanamo Internee Security Number is 248. The Department of Defense reports that al Oshan was born on July 1, 1979 in Riyadh, Saudi Arabia.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Saleh Abdall Al Oshan's Combatant Status Review Tribunal, on 14 Jan 2005.^[2] The memo listed the following allegations against him:

The detainee is associated with al Qaida:

1. The detainee traveled to Afghanistan from Saudi Arabia via Pakistan after September 2001.
2. The detainee received money to finance his trip to Afghanistan.
3. The detainee was injured by ^[sic] when he stepped on a landmine in Afghanistan.
4. The detainee worked in the Buldak ^[sic] area, where the Al-Haramayn relief agency also operated.
5. Al-Haramayn is listed in Executive Order 13224 as an agency that supports terrorism.
6. One of the name variants of the detainee was found on a list in an al Qaida maintained premise in Kabul and at Fort Koh-I-Khan Nashin in Helamand Province in November 2001.
7. The detainee was identified as having ^[sic] relationship to al Qaida in Afghanistan.
8. The detainee was transported to a hospital in Quetta with other detainees, at least one of which sustained injuries from bombings in Spin Buldak; these detainee together are dubbed the "Quetta five".
9. The detainee was captured without proper identification.

[edit] Transcript

There is no record that Al Oshan participated in his Combatant Status Review Tribunal

[edit] Determined to "no longer be an enemy combatant"

A memo entitled "Review of Combatant Status Review Tribunal for detainee ISN 248", dated 10 March 2005, stated^[3]:

The Combatant Status Review Tribunal's determination that detainee ISN ### shall no longer be classified as an enemy combatant is approved.

[edit] Saleh Abdall Al Oshan v. George W. Bush

Teresa A. McPalmer, a legal advisor to the Office for the Administrative Review of Detained Enemy Combatants responded to Saleh Abdall Al Oshan v. George W. Bush, a petition on Saleh Abdall Al Oshan's behalf, on 19 May 2005.^[4]

She wrote:

I redacted petitioner Saleh Abdall al Oshan's internment serial number because certain combinations of internment serial numbers with other information relates to sensitive internal and intelligence operations that is not suitable for public release.

[edit] Repatriation

Saleh Abdall Al Oshan was one of the 38 captives the Bush Presidency determined had not been enemy combatants after all.^[5]

Reuters cites a Human Rights Watch report that said that an individual named Salih al-Awshan, and two other Saudis, were repatriated to Saudi custody on July 20, 2005.^[6][7] As of May 26, 2006 the three remain held, without charge, in Riyadh's al-Ha'ir prison.

[edit] See also

• Mishal Awad Sayaf Alhabri
• Khalid al-'Unaizi

[edit] References

v • d • e Captives held at Guantanamo Bay before being exonerated and found to not be "enemy combatants" Afghanistan Abdul Rahman, Mohammad Gul, Gul Zaman, Abdul Rahim Muslimdost, Qalandar Shah, Shahwali Zair Mohammed Shaheen Naqeebyllah, Rasool Shahwali Zair Mohammed Mohammed, Abdul Qudus, Shahzada, Hammdidullah, Mohammad Nasim, Kako Kandahari, Feda Ahmed, Nasibullah, Habib Noor, Jalil, Hukumra Khan Algeria Ahmed Adil, Akhdar Qasem Basit, Mohammed Ayub, Abu Bakr Qasim, Adel Abdulhehim, Sadik Ahmad Turkistani Egypt Sami Abdul Aziz Salim Allaithy, Allah Muhammed Saleem France Mustaq Ali Patel Jordan Khalid Mahomoud Abdul Wahab Al Asmr Maldives Ibrahim Fauzee Pakistan Fazaldad, Shed Abdur Rahman Saudi Arabia Saleh Abdall Al Oshan Sudan Hammad Ali Amno Gadallah Tajikistan Maroof Saleemovich Salehove Turkey Salih Uyar Uzbekistan Zakirjan Asam Yemen Karam Khamis Sayd Khamsan