Hafez Qari Mohamed Saad Iqbal Madni

Infobox WoT detainees
subject_name = Hafez Qari Mohamed Saad Iqbal Madni

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date_of_birth = Birth date and age|1977|10|17
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detained_at = Guantanamo
id_number = 743
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charge = No charge, held in extrajudicial detention
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status = Repatriated September 8 2008
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Hafez Qari Mohamed Saad Iqbal Madni is a Pakistani citizen held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. [http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] Madni's Guantanamo Internee Security Number is 743.The Department of Defense reports that he was born on October 17 1977.

Combatant Status Review Tribunal

] 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 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.

Madni chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_1_0001-0097.pdf#46 Summarized transcripts (.pdf)] from Hafez Qari Mohamed Saad Iqbal Madni's "Combatant Status Review Tribunal - pages 46-58 ]

Allegations

The allegations against Madni were: [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_1_0001-0097.pdf46 Summarized transcripts (.pdf)] from Hafez Qari Mohamed Saad Iqbal Madni's "Combatant Status Review Tribunal - pages 46-58 ] :

Testimony

Madni told his Tribunal that he was wearing the orange jumpsuit that non-compliant captives were made to wear because of a suicide attempt he had made on the 191st day of his detention.

Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.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] A habeas corpus petition was filed on behalf of " Muhammed Saad Iqbal Madni" on December 13 2005.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/457/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 457 -- Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot
publisher=United States Department of Justice
author=Richard L. Cys, James P. Walsh
date=2008-09-19
accessdate=2008-09-23
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F457%2F0.pdf&date=2008-09-23 mirror] ] But his dossier was not one of those the DoD published.

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.

Madni chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_8_20751-21016.pdf#146 Summarized transcript (.pdf)] , from Hafez Qari Mohamed Saad Iqbal Madni's "Administrative Review Board hearing", December 1 2005 - page 146]

Prelimary meeting with Assisting Military Officer

Madni’s prelimary meeting with his Assisting Military Officer took place on November 29 2005. Madni said he would attend. His Assisting Military Officer described him as responsive, polite and attentive, during this meeting, but highly skeptical, based on his experience Combatant Status Review Tribunal.

The factors, for and against, continued detention

The "Summary of Evidence" memos prepared for captives Adminisistrative Review Boards always separated the factors into "primary factors that favor continued detention", and "primary factors that favor release of transfer". The factors that favor detention were always further separated into lists of factors under sub-headings like "Association", "Training", "Intent", "Commitment. These lists were always numbered. Most transcripts record the numbering and the category headings. But the transcript prepared for Madni's hearing does not record the numbering and category headings.

* "The detainee asked an unidentified confidant where and with whom a sic United States government official would be on New Year’s Eve.
* "The detainee wanted to know if there were protective officers with the government official and if they were American.
*"An acquaintance of the detainee failed an attack on an American commercial airline in 2001.
*"In mid-December 2001, the detainee speculated that something big was going to happen during a meeting with other al Qaida operatives.
*"The detainee had visited with members of al Qaida in Jakarta, Indonesia.
*"A member of the detainee’s family was a leader of the female section of the Al Ikhwan Al Muslimon Group in Indonesia. This group has been identified as an Islamic extremist group in Asia.
*"The detainee stated that it was better to kill one U.S. Government Official than 100 Americans.
*"The detainee claimed to be an al Qaida operative.
*"The detainee admitted traveling to Saudi Arabia, Egypt, Afghanistan and many times to Pakistan.

Response to the factors

Response to Board questions

Repatriation

A former Guantanamo captive named as Qari Saad Madni was repatriated on September 8 2008.cite news
url=http://ap.google.com/article/ALeqM5iyKAuQMLoaMc8Dt3I1P-kK5xixrAD932KKD80
title=Guantanamo inmate returned to Pakistan
publisher=Associated Press
date=2008-09-08
accessdate=2008-09-09
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fap.google.com%2Farticle%2FALeqM5iyKAuQMLoaMc8Dt3I1P-kK5xixrAD932KKD80&date=2008-09-09 mirror] ] Pakistani officials stated he would soon be released without charge, following a debriefing.The "Associated Press" reported that Madni claimed he had tried to commit suicide during his first year in detention.

On September 19 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot", as part of 05-CV-2385, on behalf of Muhammed Saad Iqbal Madni.Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the US Government and the Pakistani Government::

References