- Jamal Abdullah Kiyemba
Jamal Kiyemba, also known as Jamal Abdullah, is a
Uganda n citizen who was held inextrajudicial detention in theUnited States Guantanamo Bay detainment camp s, inCuba on suspicion of being a terrorist. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_12_1179-1239.pdf#21 Sumarrized transcripts (.pdf)] , fromJamal Abdullah Kiyemba 's "Combatant Status Review Tribunal " - pages 21-23] His Guantanamo detainee ID number is 701.The Department of Defense reports he was born onApril 22 ,1979 , in
Bunamwaya, Uganda.Identity
Kiyemba was named inconsistently on various official documents:
*He was named Anthony Kiyemba on the Summary of Evidence memo prepared for hisAdministrative Review Board .
*He was named Jamal Abdullah Kiyemba on the official list of captives the Department of Defense was forced to release onApril 20 ,2006 andMay 15 ,2006 . [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense ",April 20 ,2006 ] [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense ",May 15 ,2006 ]Background
After his father died, he came to the UK from Uganda to join his mother in 1993 when he was 14 years old, and completed his education in
London . He has been granted indefinite leave to remain in the country, but is not a British citizen. Because of this, theBritish Government has declined to make representations on his behalf. [http://www.timesonline.co.uk/article/0,,3-1436425,00.html Five still held without help or hope] , "The Times ,January 12 ,2005 ]Kiyemba's
lawyer ,Clive Stafford Smith , says that Kiyemba was a participant in ahunger strike which started in July 2005 in protest at the conditions in the camp and alleged maltreatment, including alleged desecration of theQur'an by American guards. The hunger strike ended onJuly 28 , 2005 after promises were made to address the detainees concerns. Many detainees resumed the hunger strike onAugust 8 ,2005 , believing the camp authorities had not lived up to their promises.Sam Kutesa, the Ugandan Minister of Foreign Affairs, was quoted on
December 12 2005 about his government's responsibility to intervene on Kiyemba's behalf. [http://allafrica.com/stories/200512120629.html Guantanamo Inmate to Return to Uganda] , "All Africa ",December 12 ,2005 ] He said: "I understand that Britain gave up on him. I am yet to look at the papers. We have to intervene, but this depends on the documents."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 2007Initially 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 conductcompetent tribunal s to determine whether captives are, or are not, entitled to the protections ofprisoner of war status.Subsequently the Department of Defense instituted the
Combatant Status Review Tribunal s. 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 anenemy combatant .Kiyemba chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_12_1179-1239.pdf#21 Sumarrized transcripts (.pdf)] , from
Jamal Abdullah Kiyemba 's "Combatant Status Review Tribunal " - pages 21-23]Testimony
Kiyemba's transcript did not record the allegations against him, nor did it directly quote his testimony.Everything in the transcript was a paraphrase.
*Kiyemba said he believed in a Muslim’s duty to engage in
jihad , but his definition of jihad was very broad, including any kind of spiritual self-improvement.
*He acknowledged that he was heading to Afghanistan to help Muslims who were under attack. But he had not arrived. Further, he did not think he would know who the innocent parties were until he arrived, and he was not committed to helping through violence. His help might have taken other forms.
*He acknowledged that someone at the guesthouse he stayed at, in Pakistan, showed him how a Kalashnikov worked. This was his sole weapons training.
*He said he did not believe in terrorism, or killing innocents.
*He insisted that anyone who knowingly kills any innocent person, regardless of their religions, is wrong.
*No one in England encouraged him to go to Afghanistan.
*He said he paid for his own travel, from his savings.
*He denied that he had said that the United States Government was an enemy to Islam.Administrative Review Board hearing
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 Xstatus, 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.
The factors for and against continuing to detain Kiyemba were among the 121 that the Department of Defense released on
March 3 2006 . [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_3_1161-1234.pdf#74 Factors for and against the continued detention (.pdf)] ofJamal Abdullah Kiyemba "Administrative Review Board " - pages 74-75]"The following primary factors favor continued detention:
:""'a. Commitment:#"Detainee stated that any system like a democracy, which tries to end
Sharia law , is worthy of aJihad against it.:#"The detainee knew thatAfghanistan (AF) lived under Sharia law beforeSeptember 11, 2001 .:#"After September 11, 2001, the detainee traveled from England toIran then toPakistan in an attempt to travel to Afghanistan in order to fight in the Jihad.:""'b. Training:#"While waiting in Pakistan on his way to AF, the detainee received weapons training on the
Ak-48 . The detainee learned how to shoot, assemble and disassemble the weapon.:""'c. Intent:#"Detainee stated that he traveled to Afghanistan to try to stop the aggression against the innocent.:#"While attempting to travel from Pakistan to Afghanistan in order to fight in the Jihad, the detainee was arrested at the border.:#"Detainee stated that if he had a weapon, he might attack
Camp Delta guards.:#"Detainee stated that he would go fight Jihad in the future if he found a way."The following primary factors favor release or transfer:
:*"Detainee has stated that he would never be a threat.:*"Detainee stated that September 11, 2001 was a terrorist attack against women and children, which is never warranted.:*"Detainee stated that he does not support what happened on September 11, 2001.:*"Detainee stated that he has never been a part of an organization or laundered any money.
Transcript
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