Shaker Aamer

Shaker Abdur-Raheem Aamer "(also known as Shakir Abdurahim Mohamed Ami)" is a Saudi Arabian citizen held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.cite web
url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29
format=PDF] His Guantanamo Internee Security Number is 239.
Joint Task Force Guantanamo counter-terrorism analysts report that he was born on December 12 1968, in Medina, Saudi Arabia.

He was captured in Afghanistan in January 2002.

Identity

Captive 239 was named inconsistently of various official documents released by the Department of Defense:
*Captive 239 was named Shakir Abdurahim Mohamed Ami in the Summary of Evidence memo prepared for his Combatant Status Review Tribunal on 19 November 2004, in the Summary of Evidence memo prepared for his first annual Administrative Review Board, on 25 October 2005, and on various official lists.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#67
title=Summary of Evidence for Combatant Status Review Tribunal - Ami, Shakir Abdurahim Mohamed
date=19 November 2004
author=OARDEC
pages=pages 67-68
publisher=United States Department of Defense
accessdate=2007-11-15] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#89
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Ami, Shakir Abdurahim Mohamed
date=25 October 2005
author=OARDEC
pages=pages 89-92
publisher=United States Department of Defense
accessdate=2007-11-15] [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
title=Index of Summaries of Detention-Release Factors for ARB Round Two
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29
format=PDF]
*Captive 239 was named Al Madani Sawad on the Summary of Evidence memo prepared for Al Madani Sawad's second annual Administrative Review Board, on 20 October 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#81
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Sawad, Al Madani
date=20 October 2006
author=OARDEC
pages=pages 81-84
publisher=United States Department of Defense
accessdate=2007-11-15]

Background

Aamer moved to the United Kingdom in 1996. He married a British woman. They have four young children. [http://news.bbc.co.uk/2/hi/uk_news/4245517.stm Calls to free Guantanamo father] , "BBC", February 8 2005] Aamer was applying for British citizenship.

At the outbreak of the Invasion of Afghanistan Aamer was said to be working for a Saudi charity in Afghanistan. [http://news.bbc.co.uk/2/hi/uk_news/4245517.stm Calls to free Guantanamo father] , "BBC", February 8 2005]

The Americans held nine British citizens in Guantanamo. They were all expatriated to the UK, even though the Americans continue to consider some of them "illegal combatants". After their arrival in the UK the British detainees were all debriefed, and were all promptly released the next day. In addition to Aamer the Americans are known to hold eight other British residents. The British government says that because they are not citizens it can not make representations to the Americans on their behalf.

In February 2005 Aamer's father-in-law, Saeed Siddique says Mr Aamer's wife Zinnira has developed mental problems, and has had to be admitted to hospital. [http://news.bbc.co.uk/2/hi/uk_news/4245517.stm Calls to free Guantanamo father] , "BBC", February 8 2005]

With respect to the merits of the charges that he was an Al Quaeda terrorist, Shaker contends that at the time of his arrest in Afghanistan, he was working for a Saudi charity; however, in January 2004, the U.S. and Saudi Arabia froze the assets of the Saudi Al-Haramain Foundation for diverting funds to terrorist activities, including those sponsored by the al-Qaida network. [http://usinfo.state.gov/ei/Archive/2004/Jan/23-375852.html U.S., Saudi Arabia Freeze Assets of Saudi Charity Branch Offices] , "State Department", January 22 2004]

Detention issues

Supporters of Shaker contend that the UK should intervene in his detention because he moved to the United Kingdom in 1996, married a British woman, fathered four young children and was in the process of applying for British citizenship. Further, his wife is hospitalized for psychiatric problems.

Shaker is represented by Clive Stafford Smith and Zachary Katznelson. He participated in the prison hunger strike that started in June and ended on July 28, 2005. Shaker says he helped negotiate the end to the summer's first extensive hunger strike. According to Shaker, the terms Colonel Michael Bumgarner agreed to, included treating the detainees in a manner consistent with the Geneva Convention, allowing the detainees to form a grievance committee.

Stafford Smith said the grievance committee was formed, but that the camp authorities disbanded it after a few days. American spokesmen Major Jeffrey Weir denied that the Americans had ever agreed to any conditions.

Stafford Smith is opposed to repatriating Shaker back to Saudi Arabia because Shaker "would likely face seven or eight years in prison for 'illegally' marrying a foreign citizen, without permission, and for leaving the country without government consent."

On September 18, 2006, Shaker's attorneys filed a 16 page motion arguing for his removal from isolation in Guantanamo Bay prison. [http://www.cnn.com/2006/LAW/09/18/guantanamo.solitary.ap/index.html Lawyers: Gitmo solitary wrecks captive's mind] , CNN. September 18, 2006] The motion alleges that Shaker had been held in solitary confinement for 360 days at the time of filing, and was tortured by beatings, exposure to temperature extremes, and sleep deprivation, which together caused him to suffer to the point of becoming mentally unbalanced, according to his lawyer, Zachary Katznelson. Shaker's case continues with him still in isolation.

On August 7 2006, he was one of five Guantanamo detainees that British Foreign Secretary David Miliband requested be freed, citing the fact they had all been granted refugee status, or similar leave, to remain in Britain prior to their capture by US forces.

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 date=December 2007

Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Shakir Abdurahim Mohamed Ami'sCombatant Status Review Tribunal, on 19 November 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#67
title=Summary of Evidence for Combatant Status Review Tribunal - Ami, Shakir Abdurahim Mohamed
date=19 November 2004
author=OARDEC
pages=pages 67-68
publisher=United States Department of Defense
accessdate=2007-11-15] The memo listed the following allegations against him::"'a. The detainee is associated with the Taliban and al Qaida::#The detainee arrived in Afghanistan in August 2001.:#The detainee is associated with a known terrorist with ties to al Qaida.:#The detainee is associated with a second known terrorist with ties to al Qaida, who is also a suspected hijacker.:#The detainee has traveled internationally on false passports.:#A stolen passport used by detainee was discovered in an abandoned cave in Tora Bora.:#The detainee has received training on the AK-47 rifle.:#The detainee participated in the conflict in Bosnia.:#The detainee has stayed at multiple guesthouses in Afghanistan.:#The detainee has visited the Khaldan camp.:#The detainee received money from Usama Bin Laden.:#The detainee taught Arabs to fight during the Bosnia-Serb War.:#The detainee was armed with a 82mm mortar an sic M43 120mm mortar.:#The detainee is associated with a non-governmental organization that has ties to al Qaida.:#The detainee has met with Usama Bin Laden and other senior leaders of al Qaida.

:"'b. The detainee engaged in hostilities against the United States or its coalition partners.:#The detainee fought on the front lines in Afghanistan.:#The detainee sent people to the front lines in Afghanistan.:#The detainee was at Tora Bora during the U.S. air campaign.:#The detainee was in charge of a group of fighter at Tora Bora.

Transcript

There is no record that Shakir Abdurahim Mohamed Amiparticipated in his Combatant Status Review Tribunal.

Administrative Review Board hearings

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Shakir Abdurahim Mohamed Ami's first annual Administrative Review Board, on 25 October 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#89
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Ami, Shakir Abdurahim Mohamed
date=25 October 2005
author=OARDEC
pages=pages 89-92
publisher=United States Department of Defense
accessdate=2007-11-15] The memo listed 36 factors favoring his continued detention.The memo listed 7 factors favoring release or transfer.

The 36 factors favoring continued detention asserted:
* Captive 239 had visited Afghanistan in 1993, stayed in suspect guest houses there;
* Captive 239 had fought in Bosnia in 1994;
* Captive 239 visited al Qaida cells in the USA in 1998;
* Captive 239 had served on the Taliban's front lines against the Northern Alliance in 1999;
* Captive 239 had commanded a group of fighters in the Tora Bora region during the Taliban's retreat'
* Captive 239 knew several senior al Qaeda leaders;
* Captive 239 was close to Osama bin Laden;
* Captive 239 served as Osama bin Laden's interpreter;
* and that captive 239 he "has traveled to Romania sic where he was introduced to humanitarian organizations including the Islamic Heritage Revival sic and the Islamic Relief Organization."

The factors that favored captive 239 release or transfer included that he had never heard of al Qaida until 2000, that he had never met Osama bin Laden, and that he had never participated in any terrorist activities.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Al Madani Sawad's second annual Administrative Review Board, on 20 October 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#81
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Sawad, Al Madani
date=20 October 2006
author=OARDEC
pages=pages 81-84
publisher=United States Department of Defense
accessdate=2007-11-15] The memo listed 33 factors favoring his continued detention.The memo listed 5 factors favoring release or transfer.

Among the new factors favoring his continued detention:
* Captive 239 was said to be the sole person Osama could call upon who was fluent in both Arabic and English.
* Captive 239 was captured in Jalalabad, with other fleeing Tora Bora.

Hunger striker

Shaker Aamer has been on a hunger strike since late 2006, and has lost half his body weight.

Release negotiation

On August 7, 2007 the United Kingdom government requested the release of Shaker Aamer and four other men who had been legal British residents without being British citizens.cite news
url=http://www.chron.com/disp/story.mpl/ap/world/5034407.html
date=August 7, 2007
publisher=Houston Chronicle
title=UK asks US to release 5 from Guantanamo
author=David Stringer
accessdate=2007-08-07] The UK government warned that the negotiations might take months.

On August 13 2007 The Pentagon's deputy assistant secretary of defence for detainee affairs,
Sandra Hodgkinson, made assertion as to why the USA continued to be believe the men continued to represent a threat to US national security.cite news
url=http://thescotsman.scotsman.com/index.cfm?id=1280712007
title=Life of house arrest awaits Guantanamo detainees on return to UK
publisher=The Scotsman
author=James Kirkup
date=August 14 2007
accessdate=2007-10-10] "The Scotsman" reported that she asserted that Shaker Aamerwas a trained terrorist with links to the highest levels of al-Qaeda, who "... has been involved in a lot of significant terrorist plots,"

"The Scotsman" speculated that the USA was insisting the UK government put the five men under a lifetime of house arrest.

Three of the remaining UK residents were released in December 2007.cite news
url=http://jurist.law.pitt.edu/paperchase/2008/07/uk-guantanamo-detainee-asks-court-to.php
title=UK Guantanamo detainee asks court to order turnover of 'torture' evidence
publisher=The Jurist
author=Mike Rosen-Molina
date=2008-07-29
accessdate=2008-07-31
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fjurist.law.pitt.edu%2Fpaperchase%2F2008%2F07%2Fuk-guantanamo-detainee-asks-court-to.php&date=2008-07-31 mirror] ]
Binyam Mohammed had charges filed against him before a Guantanamo Military Commission.Shaker Aamer's current status and location are unknown.

Contraband briefs

Shaker Aamer and Mohammed El Gharani, another client of Clive Stafford Smith, are accused of possessing contraband underwear.cite news
title= The case of the Guantanamo lawyer, the detainees and the illegal pairs of pants
author=Robert Verkaik
publisher=The Independent
date=September 14 2007
url=http://news.independent.co.uk/world/americas/article2961328.ece
accessdate=2007-08-07] The Judge Advocate General wrote: quotation
"Your client Shaker Aamer, detainee ISN 239, was recently discovered to be wearing Under Armor briefs and a Speedo bathing suit. Neither item was issued to the detainee by JTF-Guantanamo personnel, nor did they enter the camp through regular mail."

"We are investigating this matter to determine the origins of the above contraband and ensure that parties who may have been involved understand the seriousness of the transgression."

Stafford Smith ridiculed the accusations.

References

External links

* [http://www.iht.com/bin/print_ipub.php?file=/articles/2005/09/18/news/hunger.php Guantánamo strike has directors worried] , "New York Times", September 18, 2005