Mishal Awad Sayaf Alhabri

Infobox WoT detainees
subject_name = Mishal Awad Sayaf Alhabiri
مشعل عواد سياف الهابري


image_size =
image_caption =
date_of_birth = Birth year and age|1980
place_of_birth = Minawara, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 207
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status = suffered brain damage in custody
repatriated in 2005
occupation =
spouse =
parents =
children =

Mishal Awad Sayaf Alhabiri (Arabic: مشعل عواد سياف الهابري) is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://news.bbc.co.uk/1/hi/world/americas/4773396.stm Guantanamo Bay: The testimony] , "BBC", March 4 2006] His detainee ID number is 207. [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] American intelligence analysts estimate he was born in 1980, in Minawara, Saudi Arabia.

Brain damage

On March 3 2006, the Department of Defense released 5,000 pages of documents about the detainees, in partial compliance with a court order from US District Court Justice Jed Rakoff. [http://www.theallineed.com/news/0603/04005054.htm Pentagon releases documents naming Guantanamo detainees] , "Lexur"]

Those documents revealed that Alhabiri suffered life-changing brain damagewhile in Guantanamo. Camp authorities attribute the brain damage to a suicide attempt on January 16 2003: [http://www.theallineed.com/news/0603/04005054.htm Pentagon releases documents naming Guantanamo detainees] , "Lexur"]

Fellow captives, on the other hand, attribute to the brain damage to a brutal beating by the camp's controversial Immediate Reaction Force.cite news
url=http://www.washingtonpost.com/wp-dyn/content/article/2007/03/10/AR2007031001253.html
title=Episode at Guantanamo Leaves Family at a Loss
author=Faiza Saleh Ambah
publisher=Washington Post
date=Sunday, March 11 2007] They say the IRF was entering all the cells on Alhabiri's cell block when all the captives were loudly objecting to an account of Koran abuse

Identity

Captive 207 was identified inconsistenly on the documents released by the Department of Defense:
* Captive 207 was identified as Mishal Awad Sayaf Al Habiri on the Summary of Evidence memo prepared for his Combatant Status Review Tribunalcite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#24
title=Summary of Evidence for Combatant Status Review Tribunal -- Sayaf Al Habiri, Mishal Awad
date=date redacted
author=OARDEC
pages=page 24
publisher=United States Department of Defense
accessdate=2007-12-09]
* Captive 207 was identified as Mishal Awad Sayaf Alhabiri on the Summary of Evidence memo prepared, on December 9 2004, for his Administrative Review Board.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#26
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Alhabiri, Mishal Awad Sayaf
date=9 December 2004
author=OARDEC
pages=pages 26-27
publisher=United States Department of Defense
accessdate=2007-12-09] 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_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] 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]
* Captive 207 was identified as Mishal Awad Sayaf Alhabri on the official list of captives 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/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]

Combatant Status Review Tribunal

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 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mishal Awad Sayaf Al Habiri'sCombatant Status Review Tribunalcite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#24
title=Summary of Evidence for Combatant Status Review Tribunal -- Sayaf Al Habiri, Mishal Awad
date=date redacted
author=OARDEC
pages=page 24
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 admits he was on the front line in Afghanistan for three days.:#Detainee received weapons training at the Malik Center in Kabul and Al-Farouq in Kandahar.:#Detainee was captured near Mazar-e Sharif sic while fleeing to Pakistan with Taliban members.

:"'b. Detainee engaged in hostilities against the US or its coalition partners.:#Detainee drove a rocket launcher-mounted truck in combat against Northern Alliance forces.:#Detainee was injured in hostilities against Northern Alliance forces.:#Detainee admitted carrying a loaded Kalishnikov sic rifle while on the front line in Afghanistan.

Alhabiri did not attend his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_46_3096-3129.pdf Summarized transcripts (.pdf)] , from Mishal Awad Sayaf Alhabri's "Combatant Status Review Tribunal" - pages 20] Alhabiri didn’t appear before his Tribunal. But his Personal Representative filed the following statement on his behalf.quotation
* "Detainee admits to being on the front lines in Afghanistan for 3 days. Detainee received weapons training in the Malik Center in Kabul at Al Farouq in Kandahar. Detainee was captured near Mazar-e Sharif while fighting inside Jenki Castle against the Northern Alliance, but not the United States.

* "Detainee was not driving a rocket launcher mounted truck in combat against the Northern Alliance, he was driving a food supply vehicle.

* "He was injured and fainted while fighting inside Jenki Castle at Mazar-e Sharif. Had been carrying a Kalishnikov rifle but does know what happened to it.

* "Detainee is concerned about the status of his medical care if he is released.

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 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mishal Awad Sayaf Alhabiri'sAdministrative Review Board, on 9 December 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#26
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Alhabiri, Mishal Awad Sayaf
date=9 December 2004
author=OARDEC
pages=pages 26-27
publisher=United States Department of Defense
accessdate=2007-12-09] The memo listed factors for and against his continued detention.

"The following primary factors favor continued detention:

:""'a. Alhabiri is associated with the Taliban.:#"Alhabiri admits he was on the front line in Afghanistan for three days.:#"Alhabiri received weapons training at the Malik Center in Kabul and Al Farouq in Kandahar.:#"Alhabiri was captured near Mazar-e Sharif while fleeing to Pakistan with Taliban members.

:""'b. Alhabiri engaged in hostilities against the US or its coalition partners.:#"Alhabiri drove a rocket launcher - mounted truck in combat against Northern Alliance forces.:#"Alhabiri was injured in hostilities against Northern Alliance forces.:#"Alhabiri admitted carrying a loaded Kalashnikov rifle while on the front line in Afghanistan.

:""'c. Alhabiri is committed to the Taliban and jihad.:#"Alhabiri did not say that he would pray for the Taliban to return to Afghanistan, only because it is their right to take care of their religion.:#"Alhabiri stated that he went to Afghanistan to die for the sake of Allah. Alhabiri admitted that he would fight against both the Jews and Christians to defend Islam.

:"d Detainee’s Conduct: Alhabiri’s overall behavior has been non-compliant and aggressive. As of June 2004, he is still trying to commit self-harm. Alhabiri harasses, spits on and has hit members of the guard force. Alhabiri has refused meals and medications.

:"e. Based upon a review of recommendations from U.S. and Foreign agencies and classified and unclassified documents, Alhabiri is regarded as a continued threat to the United States and its allies.

"The following primary factors favor release or transfer:

:

Testimony

Alhabiri chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_3_769-943_FINAL.pdf Summarized transcript (.pdf)] , from Mishal Awad Sayaf Alhabri's "Administrative Review Board hearing" - page 81]

Alhabri did not give a statement directly to he board. His Assisting Military Officerread from his notes from his interview with Alhabri. According to his notes:
* Alhabiri denied engaging in hostilies against the United States or its coalition partners.
* Alhabri challenged the assertion that he was generally non-compliant.
* Alhabri stated that someone was writing false allegations to implicate him.
* Alhabri acknowledged he had spat on a guard, but denies hitting him.
* Alhabri stated he only refused to eat on one occasion, and that was because he wasn't feeling well.
* Alhabri acknowledged he stopped taking his medication. But only after medical personnel told him he was crazy.
* Alhabri stated he was wounded fighting General Dostum, not the United States.
* Alhabri acknowledged going to Afghanistan to fight -- but not Christians and Jews, but rather to fight Shiites.

When asked what he would like to do if he were released he said he would like to go back to his family.

When the Presiding Officer was giving his final instructions Alhabri stated: "You did not mention that I was hit and I suffered."

When he was asked about this he stated that when he was in the hospital, a month ago a guard punched him so hard in his mouth that he knocked a tooth out, and he couldn't eat.

Board recommendations

In September 2007 the Department of Defense released an index to 133 captive's Boards memos containing the recommendations as to whether they should continue to be detained.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf
title=Index to Transfer and Release Decision for Guantanamo Detainees
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] The DoD also released the memos for those 133 men. Mishal Awad Sayaf Alhabri was not on that list. His Board's recommendation memo was not released.

Repatriation

Reuters cites a Human Rights Watch report that said Alhabri, and two other Saudis, were repatriated to Saudi custody on July 20 2005. [http://www.alertnet.org/thenews/newsdesk/HRW/5b4fb18f40ca51d56c447200d2d10865.htm Saudi Arabia: Guantanamo Detainees Return to Legal Limbo] , "Reuters", May 26 2006] cite web
url=http://www.fotofest.org/guantanamo/SaudiReport.pdf
title=The Saudi Repatriates Report
author=Anant Raut, Jill M. Friedman
date=March 19 2007
accessdate=April 21
accessyear=2007] As of May 26 2006 the three remain held, without charge, in Riyadh's al-Ha'ir prison.

Washington Post interview

On March 1 2007 the Washington Post published an article about Alhabri, and his family.cite news
url=http://www.washingtonpost.com/wp-dyn/content/article/2007/03/10/AR2007031001253.html
title=Episode at Guantanamo Leaves Family at a Loss
author=Faiza Saleh Ambah
publisher=Washington Post
date=Sunday, March 11 2007]

The article quotes Alhabri, his older brother, and released fellow captives who had been held in cells neighboring Alhabri's, who offered an alternative account of his injury — that he was injured while the camp's Immediate Reaction Force were entering the cells of captives who were yelling in outrage after witnessing the Koran being abused.

According to the article Alhabri has seizures, slurred speech, tremors and twitches, and memory lapses. He is confined to a wheelchair. The article's final paragraph quotes his older brother, and caregiver: "All the men who were released from Guantanamo, they are now leading a normal life, But Mishal can't walk, get himself a glass of water or go to the bathroom by himself. I just want him to go back the way he was before Guantanamo."

See also

* Salih al-Awshan
*Khalid al-'Unaizi

References