Abd al Malik Abd al Wahab

Infobox WoT detainees
subject_name = Abd al Malik Abd al Wahab

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date_of_birth = 1983/1984
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date_of_death =
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detained_at = Guantanamo
id_number = 37
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alias =
charge = no charge, held in extrajudicial detention
penalty =
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occupation =
spouse =
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Abd al Malik Abd al Wahab is a Yemeni citizen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba, as of 2006. [http://wid.ap.org/documents/detainees/malikalwahab.pdf documents (.pdf)] from Abd al Malik Abd al Wahab's "Combatant Status Review Tribunal"] His detainee ID number is 037.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] He was born somewhere between 1983 and 1984. Abd al Wahab was arrested in the winter of 2001/2002, apparently by Pakistani officials, and is accused of being a member of Al-Qaeda. [http://news.amnesty.org/pages/torture-case5-eng Who are the Guantánamo detainees?] , "Amnesty International"]

According to him he was working as a Qu'ran teacher in Afghanistan shortly before the U.S. invasion. [http://news.amnesty.org/pages/torture-case5-eng Who are the Guantánamo detainees?] , "Amnesty International"] He claims that he had no relations of note with the Taliban; though he was given housing by the Taliban government as a visiting Muslim scholar. When the U.S. invasion of Afghanistan began in 2001, he decided to leave the country and return home to Yemen. He sent his wife and young daughter home and planned to follow them home but was unable to do so because he was arrested by Pakistani forces while trying to collect his belongings. He was then sold by Pakistani forces to U.S. troops and sent to Guantanamo Bay.

The U.S. government neither confirms nor denies the details of his capture and claims that he was in Afghanistan for terrorist training.

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 2007
accessdate=2007-09-22] ]

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 administration's definition of an enemy combatant.

Al Wahab chose to participate in his Combatant Status Review Tribunal, though his attorneys were not allowed to participate. [http://wid.ap.org/documents/detainees/malikalwahab.pdf documents (.pdf)] from Abd al Malik Abd al Wahab's "Combatant Status Review Tribunal"]

ummary of Evidence memo

A Summary of Evidence memo was prepared for Abd Al Malik Abd Al Wahab Al-Battar'sCombatant Status Review Tribunal, on 21 September 2004.cite news
url=http://wid.ap.org/documents/detainees/malikalwahab.pdf#22
date=21 September 2004
author=OARDEC
pages=pages 22-23
publisher=United States Department of Defense
accessdate=2007-11-24] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#38
title=Summary of Evidence for Combatant Status Review Tribunal -- Abd Al Malik Abd Al Wahab Al-Battar
date=21 September 2004
author=OARDEC
pages=pages 38-39
publisher=United States Department of Defense
accessdate=2007-11-24] The memo listed the following allegations against him:

:

Testimony

*Al Wahab testified that he was still in school in 1995, not receiving training at the Khalden training camp. [http://wid.ap.org/documents/detainees/malikalwahab.pdf Summarized Transcript] from Abd al Malik Abd al Wahab's "Combatant Status Review Tribunal" - pages 13-20 - September 21 2004] He graduated in 1996, and taught at the mosque in his village until 2000.
*Al Wahab testified that the reason he went to Afghanistan, in 2000, was to teach the Qur'an.
*Al Wahab acknowledged that, in return for his Qu'ran training the Taliban provided him and his family with a house.
*Al Wahab denied knowing Bin Laden or having any ties to al Qaeda, and denied that he had ever written a will, or martyr letter, let alone addressing them to Bin Laden.

Abdulmalik Abdulwahhab Al-Rahabi v. George W. Bush

Abd al Malik Abd al Wahab was one of 179 sets of habeas corpus documents the Department of Defense released in September 2007.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29
format=PDF] The set of documents was 133 pages long. The first 25 pages were OARDEC documents. The remaining pages were from a writ of habeas corpus submitted on his behalf by David H. Remes and Kenneth L. Wainsteintogether with thirteen other men.He was named Abdulmalik Abdulwahhab Al-Rahabi in the documents. The other men's name were also spelled inconsistently with the spelling on the DoD's official lists.

The lawyer's provided biographical details about the fourteen men: Captive 37's description saidcite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4316-4413.pdf#40
title=Abdalmalik Abdulwahhab Al-Rahabi v. George W. Bush
publisher=United States Department of Justice
pages=page 40
date=July 27 2004
accessdate=2007-10-25] :: Petitioner Abdulmalik Abdulwahhab A1-Rahabi
*Petitioner Abdulmalik Abdulwabahab A1-Rahabi ("Al-Rahabi’~ is twenty-two years old, married and the father of a four-year old daughter. See Ex. E (Affidavit of "###############" pgs. 2-3.
*Around September 2000, A1-Rahabi traveled with his wife to Pakistan in order to study the Koran. Id. at pgs 5-6. Their daughter was born while they were together in Pakistan. Id. at pg 6.
*In November 2001, his wife returned to Yemen. Id. pg. 7. A1-Rahabi intended to return as well, but he was arrested while in Pakistan. Id. His family learned from newspaper accounts that he was being detained in Guantanamo Bay. Id. at pg. 7.
*The family has received very limited correspondence from Al-Rahabi and heard nothing from him for a nine-month period before receiving a pair of censored, months-old letters.Id. at pg. 8.

Lawyer's notes

The Center for the Study of Human Rights in the Americas gathered references from the unclassified notes from the Guantanamo Bay attorneys that concerned Abd al-Malik al-Wahab.cite web
url=http://humanrights.ucdavis.edu/HRabdalmalik_alwahab.htm
publisher=Center for the Study of Human Rights in the Americas
month=July | year=2006
accessdate=January 22
accessyear=2007
title=Abd al-Malik al-Wahab] They report that Mark Falkoff's notes recorded::"A group of soldiers sprayed Mr. al-Wahab with “disorienting gas,” burst in his cell, handcuffed him, pulled him out of his cell, and pushed and rubbed his head against concrete until he lost consciousness."

Current status

In 2004, when the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants,its mandate was both to run the Combatant Status Review Tribunals, and also to run annual Administrative Review Board hearings.The Board hearings were authorized to determine whether captives, who remained classified as "enemy combatants", no longer represented a threat to the USA, and no longer held intelligence value. In that case the Boards were authorized to recommend "release or transfer".

The DoD released the transcripts and the Summary of Evidence memos from all Board hearings held in 2005 and 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf
title=Index of Transcripts and Certain Documents from 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_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_Transcripts_ARB2.pdf
title=Transcripts and Certain Documents from Administrative Review Boards Round Two
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_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] There is no record that Board hearings were convened to consider whether Abd al Malik Abd al Wahab should be released or transferred.

On 27 August 2007 The Yemen Observer published an article about David Remes had made to Guantanamo.cite news
url=http://www.yobserver.com/front-page/10012831.html
title=Guantanamo may soon close, to avoid court defeat
page=1
publisher=Yemen Observer
author=Nasser Arrabyee
date=27 August 2007
accessdate=2008-05-16
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.yobserver.com%2Ffront-page%2F10012831.html&date=2008-05-17 mirror] ] Remes is a lawyer for fifteen Yemeni captives in Guantanamo. The article reports that, on this visit, he met with two cousins from Ibb, Yasin Qasem Muhammad Ismail and Abdul Malik Abdul Wahab Al Rahabi.According to the articleRemes says that Abdul Malik is being held in solitary confinement in Camp Six.According to the article Remes says that the captives are issued plastic blankets.

References

External links

* [http://www.cov.com/ Covington & Burling] Law firm representing Abd al Wahab
* [http://nationaljournal.com/about/njweekly/stories/2006/0203nj4.htm Empty Evidence] , "National Journal", February 3 2006 - Investigative Report which quotes Abd Al Wahab's attorney and references his case