Nasir Najr Nasir Balud Al Mutayri

Infobox WoT detainees
subject_name = Nasir Najr Nasir Balud Al Mutayri


image_size =
image_caption =
date_of_birth = Birth date|1977|3|17
place_of_birth = Mahwa, Kuwait
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 205
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Nasir Najr Nasir Balud Al Mutayri is a Yemeni who was captured and detained in the United States Guantanamo Bay Naval Base, in
Cuba. [http://wid.ap.org/documents/detainees/nasiralmutayri.pdf documents (.pdf)] from Nasir Najr Nasir Balud Al Mutayri's Combatant Status Review Tribunal] Al Mutayri's Guantanamo detainee ID number is 205.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 Mutayri was born on March 17 1977, in
Mahwa, Kuwait.

Identity

Captive 205 was identified inconsistently of official Department of Defense documents:
*Captive 205 was identified as Nasser Najiri Amtiri Summary of Evidence memo was prepared for Nasser Najiri Amtiri's Combatant Status Review Tribunal, on 9 August 2004, and on the official lists of names released on April 20 2006 and May 15 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
title=List of detainee who went through complete CSRT process
author=OARDEC
publisher=United States Department of Defense
date=April 20 2006
accessdate=2007-09-29] 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] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
title=Index for testimony
author=OARDEC
publisher=United States Department of Defense
date=September 4 2007
accessdate=2007-09-29] 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] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#22
title=Summary of Evidence for Combatant Status Review Tribunal -- Amtiri, Nasser Najiri Amtiri
date=9 August 2004
author=OARDEC
pages=pages 22-23
publisher=United States Department of Defense
accessdate=2007-12-09] cite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_7_0741-0887.pdf#91
title=Final Interview Notes (ISN 205)
date=26 August 2004
author=Personal Representative (CSRT)
pages=pages 91-94
publisher=OARDEC
accessdate=2007-12-14]
*Captive 205 was identified as Nasir Najr Nasir Balud Al Mutayri on the legal advisor's declaration that prefaced the release of unclassified documents released in response to Nasir Najr Nasir Balud Al Mutayri v. United States of America.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1234-1343.pdf#58
title=Nasir Najr Nasir Balud Al Mutayri v. United States of America
publisher=United States Department of Defense
date=24 September 2004
pages=pages 58-90
accessdate=2007-12-14]
* Captive 205 was identified as Nasser Nijer Naser Al Mutairi on the official list of captives whose habeas corpus petitions should be dismissed following their transfer from US custody.cite news
url=http://www.pegc.us/archive/In_re_Gitmo/gov_mot_to_dismiss_20070419.pdf
title=Exhibit B: List Of Enemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody
page=
pages=
publisher=United States Department of Justice
author=
date=April 17 2007
accessdate=2008-05-05
quote=]

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 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 a 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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Nasser Najiri Amtiri'sCombatant Status Review Tribunal, on 9 August 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#22
title=Summary of Evidence for Combatant Status Review Tribunal -- Amtiri, Nasser Najiri Amtiri
date=9 August 2004
author=OARDEC
pages=pages 22-23
publisher=United States Department of Defense
accessdate=2007-12-09] The memo listed the following allegations against him:

:""'a Detainee is associated with the Taliban.:#"The detainee admitted to affiliation with the Taliban.:#"Detainee admitted to traveling to Afghanistan to fight with the Taliban.:#"Detainee received weapons training in the use of hand grenades and the Kalashnikov rifle on the Karabatt line in Afghanistan.

:""'b Detainee engaged in hostilities against the US or its coalition partners.:#"Detainee fought against Northern Alliance forces on the Karabatt line for six months and on the Kawajaqaar line for four months.:#"Detainee carried a Kalashnikov and two hand grenades while on the front lines.:#"Detainee relinquished his weapon and surrendered to Northern Alliance forces at Mazar e-Sharif sic.:#"Detainee was injured in the Qala-i-Jenghi prison uprising and eventually surrendered to Northern Alliance forces.

Transcript

Al Mutayri chose to participate in his Combatant Status Review Tribunal.cite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_7_0741-0887.pdf#81
title=Summarized Detainee Sworn Statement (ISN 205)
date=date redacted
author=OARDEC
pages=pages 81-90
publisher=United States Department of Defense
accessdate=2007-12-14] cite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_7_0741-0887.pdf#91
title=Final Interview Notes (ISN 205)
date=26 August 2004
author=Personal Representative (CSRT)
pages=pages 91-94
publisher=OARDEC
accessdate=2007-12-14]

Testimony

In response to the first allegation - that he was affiliated with the Taliban - Al Mutayri replied that the Karabatt line he was on was open to everyone, and there were no Taliban members in that line.

In response to the second allegation - that he admitted he went to Afghanistan to fight with the Taliban - he replied that he had gone there for rabat - preparation.

He acknowledged receiving a rifle while on the Karabatt line, but claimed all he had done with it was clean it, dissassemble it and reassemble it.

In response to the third allegation he denied engaging in hostilities with the Americans. He said the year he spent on the Karabatt and Kawajaqaar lines was prior to the attacks of September 11, 2001.

In response to the fourth allegation, he acknowledged spending almost a year on the two lines, but he insisted he was there to do rabat, not to fight.

In response to the fifth allegation - that he carried a rifle and two grenades while on the front line, he said: ‘’”They were standard issue on the front lines; they were not necessarily to use in hostilities or to fight. If you didn’t get them, you left.”

In response to the sixth allegation, that he relinquished his weapon and surrendered to the Northern Alliance he said: ‘’”I did relinquish my weapon for peace and that was one of the conditions to be able to leave. But it was not a surrender; it was an agreement between me and the Northern Alliance forces to surrender my weapon and go on my way. It was not a surrender. It was an agreement.

In response to the seventh allegation, that he was injured in the Qala-I-Jenghi prison uprising he said: ‘’”I was injured by accident in the courtyard of the prison. I was in the courtyard and people were shooting everywhere, and I was injured. After I was in the prison for 8 days it was normal to surrender. It was the only thing left to do. I was told I could leave and that’s when I left.

Al Mutayri said that his hands were bound when the firing started

In response to a request for an explanation of what he meant by “rabat” Al Mutrayi offered this definition::"Rabat means waiting. It’s a form of worship, a kind of practice. There is a great reward in my relition for doing Rabat. If someone dies while on the line while doing Rabat they are considered martyrs and go to heaven. Rabat is the opposite of Jihad because Rabat is defending the line and Jihad is attacking the line.

Al Mutrayi said he was not involved in any shooting, during the time he spent on the line. He didn’t see any shooting. But he did see a place where there had been some shooting.

Nasir Najr Nasir Balud Al Mutayri v. United States of America

A writ of habeas corpus, Nasir Najr Nasir Balud Al Mutayri v. United States of America,was submitted on Nasir Najr Nasir Balud Al Mutayri's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1234-1343.pdf#58
title=Nasir Najr Nasir Balud Al Mutayri v. United States of America
publisher=United States Department of Defense
date=24 September 2004
pages=pages 58-90
accessdate=2007-12-14] In response, on 24 September 2004the Department of Defense released 33pages of unclassified documents related to his Combatant Status Review Tribunal.

On July 18, 2008 David J. Cynamon filed a "PETITIONERS’ STATUS REPORT" in Al Odah, v. United States Civil Action No. CV 02-0828 (CKK) on behalf of the Kuwaiti captives in Guantanamo.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/88/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 88 -- petitioners' status report
publisher=United States Department of Justice
author=David J. Cynamon
date=2008-08-19
accessdate=2008-08-23
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F88%2F0.pdf&date=2008-08-22 mirror] ] Cynamon reported that Al Mutayri had been released but thatfour Kuwaiti remained captives in Guantanamo.

Repatriation

Nasser Nijer Naser Al Mutairi was listed on an official list of captives who have been transferred from US custody.

Kuwaiti conviction overturned

The "International Herald Tribune" reports that a Kuwaiti citizen, named "Nasser al-Mutairi", who had formerly been detained in Guantanamo, had his conviction overturned, [http://www.iht.com/articles/2006/12/05/news/kuwait.php Kuwaiti appeals court overturns former Guantánamo prisoner's conviction] , "International Herald Tribune", December 5 2006] [http://jurist.law.pitt.edu/paperchase/2006/12/former-guantanamo-detainee-acquitted.php Former Guantanamo detainee acquitted of terror charges by Kuwait high court] , "The Jurist", December 5 2006] They reported that he had been convicted::"...for joining a foreign military force without permission, harming Kuwait by serving the interest of a foreign country and undergoing illegal weapons training.

He had been charged soon after his repatriation to Kuwait, in January 2005; acquitted in June 2005; had his acquittal overturned on appeal; was sentenced to five years imprisonment; only to have his conviction overturned in December, by Kuwait's highest court of appeal. [http://www.iht.com/articles/2006/12/05/news/kuwait.php Kuwaiti appeals court overturns former Guantánamo prisoner's conviction] , "International Herald Tribune", December 5 2006]

Some reports say just two Kuwaitis remain in Guantanamo. [http://jurist.law.pitt.edu/paperchase/2006/12/former-guantanamo-detainee-acquitted.php Former Guantanamo detainee acquitted of terror charges by Kuwait high court] , "The Jurist", December 5 2006] Other reports say four Kuwaitis remain in Guantanamo. [http://www.iht.com/articles/2006/12/05/news/kuwait.php Kuwaiti appeals court overturns former Guantánamo prisoner's conviction] , "International Herald Tribune", December 5 2006]

References