Abd Al Aziz Sayer Uwain Al Shammeri

Abd Al Aziz Sayer Uwain Al Shammeri

Infobox WoT detainees
subject_name = Abd Al Aziz Sayer Uwain Al Shammeri



image_size =
image_caption =
date_of_birth = Birth date|1973|09|23
place_of_birth = Al Fahahil, Kuwait
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 217
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status = repatriated
occupation =
spouse =
parents =
children =

Abd Al Aziz Sayer Uwain Al Shammeri "(also translitereated Abdulaziz al-Shimmari)" is a Kuwaiti citizen detained, without charge, at the United States Guantánamo Bay detainment camps, in Cuba. [http://wid.ap.org/documents/detainees/abdalazizalshammeri.pdf Unclassified dossier] , from Abd Al Aziz Sayer Uwain Al Shammeri's Combatant Status Review Tribunal] Al Shammeri's Guantanamo detainee ID number is 217.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
] The Department of Defense reports that Al Shammeri was born on September 23 1973, in Al Fahahil, Kuwait.

Identity

Captive 217 was identified inconsistently on official Department of Defense documents:
*A captive named Abd Al Aziz Sayer Uwain Al Shammeri had his full unclassified dossier released through a Freedom of Information Act request.
*A captive named Abd Al Aziz Sayer Uwain Al Shammeri was listed on the official list released on April 20 2005. [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006]
*A captive named Abd Al Aziz Sayir Al Shamari was listed on the official list released on May 15 2006. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]
*The Department of Defense transliterates Al Shammeri's name nine different ways:cite web
url=http://wid.ap.org/documents/detainees/abdalazizalshammeri.pdf
title=Unclassified dossier from Abd Al Aziz Sayer Uwain Al Shammeri's Combatant Status Review Tribunal
date=October 15 2005
publisher=Office for the Administrative Review of Detained Enemy Combatants
accessdate=2007-06-27
] :

Enemy Combatant Election Form

According to the Enemy Combatant Election Form filled out by Al Shammeri's Assisting Military Officer Al Shammeri did not choose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_2_585-768.pdf#109 Summarized transcript (.pdf)] (.pdf)] from Abd Al Aziz Sayer Uwain Al Shammeri's "Administrative Review Board hearing" - page 109] His Assisting Military Officer told his Board that the translator who accompanied him told him that he confirmed he spoke the same language as Al Shammeri. Unusually Al Shammeri's transcript does not record his Assisting Military Officer commenting on his demeanor.

A one page memo was attached to his transcript, drafted by the translator who accompanied his Assisting Military Officer, recording that captive 217 had been reluctant to document experiencing torture or rough treatment.

The Classified Record of Proceedings and basis of Administrative Review Board recommendation memo stated: :

Captive 217's written statement was not included in the transcript, or published with it. Neither was the correspondence submitted on his behalf.

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#93
title=Administrative Review Board assessment and recommendation ICO ISN 217
date=23 June 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-13
pages=pages 83-84
] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#95
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 217
date=May 5 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-13
pages=pages 95-100
] The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on 24 June 2005.

The assessment and recommendation memo stated: :

Repatriation and Kuwaiti incarceration

Al Shammeri was repatriated to Kuwait on November 4 2005. [http://news.bbc.co.uk/2/hi/americas/4403498.stm Kuwaitis released from Guantanamo] , "BBC", November 4, 2005]

Al Shammeri, and four other Kuwaitis released when he was, stood trial in a Kuwaiti court, and were acquitted of all charges. [http://www.iol.co.za/index.php?set_id=1&click_id=22&art_id=vn20060522043620128C944859 Kuwaiti court acquits ex-Guantanamo prisoners] . "Independent Online (South Africa)", May 22 2006]

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban. [http://www.iol.co.za/index.php?set_id=1&click_id=22&art_id=vn20060522043620128C944859 Kuwaiti court acquits ex-Guantanamo prisoners] . "Independent Online (South Africa)", May 22 2006]

Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relations with friendly nations.

The detainees'defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them.Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Al Shammeri's trial began in March 2006, and he was acquitted on July 22 2006. [http://www.kuwaittimes.net/Navariednews.asp?dismode=article&artid=326646425 Kuwait's Gitmo men acquitted - again] , "Kuwait Times", July 23 2006]

References


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