Abdul Raham Houari

Infobox WoT detainees
subject_name = Abdul Raham Houari

---

image_size =
image_caption =
date_of_birth = Birth date|1980|01|18
place_of_birth = Algiers, Algeria
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 70
group =
alias = Houari,
Sofiane Haderbache
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Abdul Raham Houari and Sofiane Haderbache are two names Joint Task Force Guantanamo analysts used to refer to a citizen of Algeria, 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 Internee Security Number is 070.The Department of Defense (DoD) reports that he was born on January 18 1980, in Algiers, Algeria.

In December 2007, he slashed his throat while in the shower, in an attempt to kill himself.cite news
url=http://www.miamiherald.com/guantanamo/story/331854.html
title=Detainee slashes his own throat, in shower
publisher=Miami Herald
author=Carol Rosenberg
date=Tuesday, December 4, 2007
accessdate=2008-03-29
quote=A war-on-terrorism captive slashed his throat with a sharpened fingernail in a prison shower last month, bled profusely and got stitches to close the wound, the military disclosed Tuesday.]

Identity

Captive 70 was named inconsistently on official DoD documents:
*Captive 70 was named Houari on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#87
title=Summary of Evidence for Combatant Status Review Tribunal -- Houari
publisher=United States Department of Defense
author=OARDEC
date=
page=87
accessdate=2007-10-03]
*Captive 70 was named Sofiane Haderbache on the Summary of Evidence memo prepared for his first annual Administrative Review Board. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf#43 Factors for and against the continued detention (.pdf)] of Sofiane Haderbache "Administrative Review Board" - page 43]
*Captive 70 was named Abdul Raham Houari on the official list of the captives who had their "enemy combatant" status reviewed by a Combatant Status Review Tribunal, released on April 20 2006; the official list of all the captives who had been held in Guantanamo, released on May 15 2006; five further official lists of documents released on September 4 2007.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/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_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]
*Captive 70 was named Abdul Raham Houari / Haderbache Sofiane on an official list of the captives whose Summary of Evidence memos prepared for the first annual Administrative Review Board hearings, also released on September 4 2007.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]

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 tribunal 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.

Allegations

The allegations captive 70 faces, during his Tribunal, were:::"'a. The detainee was a member of al Qaida:#The detainee's travels from France to Afghanistan were facilitated by Al-Qaida members.:#He trained at the Malik training camp in Afghanistan.:#The detainee received training in small arms, RPGs and combat tactics.:#He stayed in a house with others undergoing training and all were armed including the detainee.

:"'b. The detainee engaged in hostilities against US Forces:#When the US Bombing began, the detainee fled to the mountains.:#He was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.:#The detainee stated he would kill Americans if released.

Transcript

Captive 70 chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_4_0320-0464.pdf Summarized transcripts (.pdf)] , from Abdul Raham Houari's"Combatant Status Review Tribunal" - pages 1]

Captive 70 said he had been a resident of London prior to traveling to Afghanistan.

He said he had traveled to Afghanistan for religious study. He paid for his own travel. He acknowledged having an AK47. But he had to buy it. It wasn't given to him.

He denied fighting either the Americans or the Northern Alliance.

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.cite news
url=http://www.jtfgtmo.southcom.mil/storyarchive/2007/07octstories/102907-2-oardec.html
title=OARDEC provides recommendations to Deputy Secretary of Defense
publisher=JTF Guantanamo Public Affairs
author=Army Sgt. Sarah Stannard
date=October 29 2007
accessdate=2008-03-26
quote=] 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.

Two copies of the Summary of Evidence memo, prepared for Captive 70's Administrative Review Board, were released, on March 3 2006 and September 4 2007. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf#43 Factors for and against the continued detention (.pdf)] of Sofiane Haderbache "Administrative Review Board" - page 43]

The following primary factors favor continued detention:

:"'a. The detainee was a member of Al Qaida.:#The detainee’s travels from France to Afghanistan were facilitated by Al Qaida members.:#The detainee trained at the Malik training camp in Afghanistan.:#The detainee received training in small arms, RPGs and combat tactics.

:"'b. The detainee engaged in hostilities against US forces.:#The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.:#The detainee stated he would kill Americans if released.:#The detainee sustained significant combat related injuries.:#Based upon a review of recommendations from US government agencies and classified and unclassified documents, detainee is regarded as a continued threat to United States and its allies.:#Detainee’s Conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guard’s instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked.:#Detainee states that he supports the Taliban belief in a true and complete Islamic state that enforces Islamic law. Detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight jihad with the Taliban. He believes that America is an enemy to Islam.

The following primary factors favor release or transfer:

:

Transcript

Captive 70 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#102 Summarized transcript (.pdf)] , from Abdul Raham Houari's "Administrative Review Board hearing" - page 102]

Enemy Combatant election form

Captive 70's Assisting Military Officer reported on the notes from the Enemy Combatant election form preparedduring his pre-hearing interview.They met twice, on December 15 2005 and December 23 2007.

Captive 70's statement

Captive 70's Assisting Military Officer helped him prepare a statement in response to the factors favoringhis continued detention. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_17_22822-23051.pdf AMO Assisted Statement (.pdf)] , from Abdul Raham Houari's "Administrative Review Board hearing" - page 7]

Captive 70's Assisting Military Officer prefaced that statement with a note that Captive 70 had previouslyrequested his Combatant Status Review Tribunal refrain from contacting the Algerian government,while attempting to contact potential witnesses, because that contact could put his potentialwitnesses at risk. Captive 70 made the same request about contacting the Saudi Arabian government.

Response to the factors

Captive 70's Assisting Military Officer read out the responses captive 70 offered during the pre-hearing interviews.
*Captive 70 denied being a member of al Qaeda. He denied any knowledge of al Qaeda prior to his capture.
*Captive 70 clarified that he did not attend the Malek training camp. Rather he said he had stayed at a guest house in Malek, where he received some small arms training.
*Captive 70 denied engaging in hostilities against US Forces.
*In response to the factor that he was captured after being injured by a comrade accidentally detonated a grenade, captive 70 said he was injured when he was sleeping.
*Captive 70 denied stating he would kill Americans if released.
*Captive 70 disputed the description that his injuries were combat related.
*In response to the factor that a review of classified and unclassified documents suggested he represented a continued threat to the USA captive70 stated: "'"I never had any intention of being a threat then or now."
*Captive 70 disputed being non-compliant. He pointed out that he was still under medication for his head injury. He stated that he removed his clothes because he got headaches.
*Captive 70 completely denied the statement of support recorded in his factors.

When his Assisting Military officer completed reading out captive 70's response to the factors his Assisting Military Officer suggested his Board ask him if he wanted to give an oral statement.Captive 70 then declined to make an oral statement.

Response to Board questions

Captive 70 was asked a single question.

Confirmation of his name

Captive 70's transcript records that he confirmed the correct spelling of his name. The transcript does not record what that spelling was.

Release or repatriation

Captive 70's first annual Administrative Review Board recommended, on April 11 2005, that he should be released or transferred.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#30
title=Administrative Review Board assessment and recommendation ICO ISN 70 (Algerian citizen)
publisher=United States Department of Defense
author=OARDEC
date=April 11 2005
accessdate=2007-10-03
pages=page 30] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#31
title=Classified Record of Proceedings and basis for Administrative Review Board decision for ISN 70
publisher=United States Department of Defense
author=OARDEC
date=January 10 2005
accessdate=2007-10-03
pages=pages 31-33] His decision recommendation memos were heavily redacted. But they included the information that no foreign intelligence services had any reason to suggest he was a threat.

On July 3 2008 Carol Rosenberg of the "Miami Herald" reported that Abdul Raham Hourari and another Algerian, Mustafa Hamlily were repatriated on July 2 2008.cite news
url=http://www.miamiherald.com/guantanamo/story/593282.html
title=First Algerians repatriated from Gitmo
publisher=Miami Herald
author=Carol Rosenberg
date=2008-07-03
accessdate=2008-07-04
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2Fguantanamo%2Fstory%2F593282.html&date=2008-07-04 mirror] ]

On July 29 2008 it was reported that one of the after-effects of his detention was that he was afraid to leave his house.cite news
url=http://www.elkhabar.com/quotidienFrEn/?ida=117647&idc=146
title=Algerian former prisoner at Guantanamo lodges complaint against U.S Government
publisher=elkhabar
date=2008-07-29
accessdate=2008-07-14
quote=However, another Algerian recently freed from the penitentiary of Guantanamo, living in Algiers, is receiving psychological treatment at his house, after his health deteriorated from the torture he was subject to at the U.S prison. He is scared of leaving his house, his friends said. [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.elkhabar.com%2FquotidienFrEn%2F%3Fida%3D117647%26idc%3D146&date=2008-07-28 mirror] ]

References