Khalid Abdullah Mishal Thamer Al Mutayri

Infobox WoT detainees
subject_name = Khalid Bin Abdullah Mishal Thamer Al Hameydani

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image_size =
image_caption =
date_of_birth = Birth date|1975|6|18
place_of_birth = Kuwait City, Kuwait
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 213
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status = repatriated
occupation =
spouse =
parents =
children =

Khalid Bin Abdullah Mishal Thamer Al Hameydani "(also known as Khalid Abdullah Mishal Thamer Al Mutayri and Nasser al-Mutairi)" was captured and held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.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/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] His Guantanamo detainee ID number is 213.
Joint Task Force Guantanamo counter-terrorism analysts report that he was born on June 18 1975, in Kuwait City, Kuwait.

Identity

Captive 213 was identified inconsistently on official Department of Defense documents:
*Captive 213 was identified as "Khalid Bin Abdullah Mishal Thamer Al Hameydani" on the first official list of captives, released on April 20 2006.
*Captive 213 was identified as "Khalid Abdullah Mishal Thamer Al Mutayri" on the second official list of captives, released on May 15 2006.

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 Khalid Bin Abdullah Mishal Thamer Al Hameydani'sCombatant Status Review Tribunal, on
23 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#27
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Hameydani, Khalid Bin Abdullah Mishal Thamer
date=23 September 2004
pages=pages 27-28
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-14] The memo listed the following allegations against him::"'a Detainee is associated with the Taliban and associated with al Qaida.:#The detainee worked for Al Wafa, an al Qaida associated organization.:#Detainee’s name and phone number were known to an al Qaida leader.:#Detainee received training at Lashkar e-Taiba "sic".

:"'b Detainee engaged in hostilities against the US or its coalition partners.:#The detainee fought against the Northern Alliance at Tora Bora and Talaqoun.:#Detainee operated an anti-aircraft gun at Talaqoun.:#Detainee was among 84 Mujahidin fighters captured by the Pakistani government in Nangarhar Province.

Transcript

Captive 213 did not participate in his Tribunal.

Habeas corpus

A writ of habeas corpus, Khalid Bin Abdullah Mishal Thamer Al Hameydani v. United States of America, was submitted on Khalid Bin Abdullah Mishal Thamer Al Hameydani's behalf.cite web
url=http://wid.ap.org/documents/detainees/khalidmishalalhameydani.pdf
title=Khalid Bin Abdullah Mishal Thamer Al Hameydani v. United States of America
date=12 October 2004
pages=pages 92-110
publisher=United States Department of Defense
accessdate=2008-03-17] In response, on 12 October 2004the Department of Defense released 19pages of unclassified documents related to his Combatant Status Review Tribunal.

Detainee election form

His Personal Representative’s notes from the Detainee election form filled out during his meeting with Al Hamedani state:

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 Khalid Bin Abdullah Mishal Thamer Al Hameydani'sfirst annualAdministrative Review Board, on
2 May 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001161-001234.pdf#17
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Hameydani, Khalid Bin Abdullah Mishal Thamer
date=2 May 2005
pages=pages 17-19
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-14] The three page memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#The detainee was assessed by a foreign government service to be a hardcore extremist. :#The detainee decided to go to Afghanistan to build a mosque. He made arrangements to travel to Afghanistan after the September 11 attacks, leaving the return flight date open. The detainee left Kuwait on either 21 or 22 September 2001 carrying $15,000 in U.S. currency to build his mosque.:#The detainee traveled to Afghanistan from Kuwait City by plane to Meshat, Iran where he hired a car to the Iran/Afghanistan border. The detainee spent one night in Taibot (phonetic), Iran, before crossing the border into Afghanistan. The detainee traveled to Namruz, Afghanistan and from there to Kabul, Afghanistan where he worked with Al Wafa repairing homes and schools for the poor.:#The detainee donated 1,000 U.S. dollars to Al Wafa in Kabul to build a school. In addition to the money donated to Al-Wafa, he gave 2,000 U.S. dollars to assist refugees on the border and $9,000 to build a mosque. The remaining 3,000 U.S. dollars and his passport were stolen from a house he was staying at outside of Kabul.:#The nongovernmental organization "Wafa," officially named Al Wafa Al Igatha Al Islamia or Wafa Humanitarian organization and headquartered in Saudi Arabia is believed to have connections to Usama Bin Ladin and Afghan mujahidin.

:"'b. Training ::The detainee received training with the "Lashkar E-Taiba "sic"." According to the Global Patterns of Terrorism 2003, the Lashkar-Tayyiba "sic" is the armed wing of the Pakistan-based religious organization, a Sunni anti-U.S. missionary organization formed in 1989. The Lashkar-Tayyiba was placed on the U.S. Treasury Department's Office of Foreign Asset Control list which includes organizations that are believed to support terrorist groups.

:"'c. Connections :#The detainee's name appears on a computer file used by suspected al Qaida members listing the names of detainees incarcerated in Pakistan. The file was recovered in a suspected al Qaida safe house in Islamabad, Pakistan.:#The detainee's name and telephone number were on a list of captured mujahidin members that was discovered on a computer hard drive associated with a senior al Qaida member.:#The detainee's name, home country and phone number appear on a document containing information regarding the capture of al Qaida and Taliban fighters by Pakistani officials in Nangahar Province, Pakistan who had crossed the border after the 11 September 2001 retaliation.:#Information listing a safety deposit box and passport for the detainee appears on a floppy disk recovered from a suspected al Qaida safehouse in Karachi, Pakistan.:#According to a foreign government service the detainee may be an associate of Abu Gaith.:#Abu Gaith was the Imam of a mosque in Kuwait and later became a spokesman for Bin Laden.

:"'d. Other relevant data:#The detainee was captured with no identification papers.:#The detainee's name has been pre-authorized for placement in appropriate government agency watchlists.:#The detainee is linked to the Takfir Wa'al Hijra (TWH). Those associated with this ideology support the overthrow of governments not based solely on Shari'a.

The following primary factors favor release or transfer:

:

Transcript

Captive 213 attended in first annual Review Board hearing.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_2_585-768.pdf#113
title=Summary of Administrative Review Board Proceedings for ISN 213
date=date redacted
author=OARDEC
pages=pages 113-228
publisher=United States Department of Defense
accessdate=2008-03-14] On March 3] 2006, in response to a court order, the Department of Defense published a sixteen page summarized transcript from captive 213's first annual Review Board hearing.The Department of Defense also published a package of fourteen letters from his relatives compiled by Neil Koslowe, a lawyer who volunteered to help submit his habeas corpus petition.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_17_22822-23051.pdf#20
title=Correspondence submitted on behalf of enemy combatant
date=31 January 2005
author=OARDEC
pages=pages 20-33
publisher=United States Department of Defense
accessdate=2008-03-14]

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Khalid Bin Abdullah Mishal Thamer Al Hameydani'ssecond annualAdministrative Review Board, on
29 June 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#25
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Hameydani, Khalid Bin Abdullah Mishal Thamer
date=29 June 2006
pages=pages 25-27
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-17] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"' a. Commitment:#The detainee stated that on 21 or 22 September 2001, he flew alone from Kuwait to Mashad, Iran, took a taxi to Taibat, Iran where he spent one night. The next day the detainee took a taxi to the Iran/Afghanistan border where the detainee showed his Kuwaiti passport. The detainee stated that he met an Afghan man on the Afghanistan side of the border and they took a taxi to Namruz, Afghanistan where they stayed at the Afghan man's house for one day.:#The detainee stated that he carried 15,000 in United States Dollars to Afghanistan, which he had saved from his employment and his father had given to him.:#The detainee stated that he gave 9,000 in United States Dollars to an Afghan man to construct a mosque.:#The detainee stated he visited the al Wafa office in Kabul, Afghanistan twice, and agreed to donate 1,000 in United States Dollars to al Wafa to help build a school.:#The detainee stated that he gave 2,000 in United States Dollars to a friend of the Afghan man for food and clothing for refugees:#Al Wafa is on the United States Government's Terrorist Exclusion List, which includes organizations that provide material support to further terrorist activity.:#The detainee later stated that he gave 2,000 in United States Dollars as a donation for Lebanese orphans to an Afghan man.:#The detainee stated that his passport and all but 400 in United States Dollars of the remaining money were stolen before he left Afghanistan.:#The detainee stated that he traveled to Khowst, Afghanistan where he statyed for a month, then hired a guide, walked through the mountains for three days and was captured in Pakistan.:#An individual stated that the detainee came to Afghanistan after 11 September for jihad and that the detainee arrived in Afghanistan with a list of all Kuwaitis in Afghanistan for jihad.:#An individual stated that the detainee was a member of an Arab group fighting against the Northern Alliance.

:"'b. Connections/Associations:#The detainee's name and phone number are on a list of mujahedin fighters who crossed from Afghanistan into Pakistan on 14 December 2001.:#The detainee's name is on a list of Arabs incarcerated in Pakistan which was recovered in a suspected al Qaida safe house in Islamabad, Pakistan. The list appears to have been created between March 2001 and January 200.:#The detainee's name and safety deposit box number are on a list recovered on 11 September 2002 from an alleged al Qaida residence in Karachi, Pakistan. The list indicates that the detainee's passport was in his safety deposit box.:#The detainee's name and phone number are on a list of captured mujahedin found on a hard drive associated with a senior al Qaida operative which was seized in March 2003 in Pakistan.:#The detainee's name and alias are on a list of 324 names recoverec from safe house raids associated with suspected al Qaida in Karachi, Pakistan.:#The detainee's name is on a chart prepared by Kuwaiti State security depicting the relationship between al Qaida and extremist groups in Kuwait.

The following primary factors favor release or transfer:

:

Al Odah v. United States

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 Fawzi Khalid Abdullah Fahad Al Odah, Fayiz Mohammed Ahmen Al Kandari, Khalid Abdullah Mishal Al Mutairi, Fouad Mahmoud Al Rabiah.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] ] He wrote that they were the four remaining Kuwaiti captives in Guantanamo.He wrote that none of the four men had been cleared for release.He wrote that the government had completed "factual returns" for all four men -- but those factual returns had contained redacted sections.

References