Sa id Salih Sa id Nashir

Infobox WoT detainees
subject_name = Sa id Salih Sa id Nashir

---

image_size =
image_caption =
date_of_birth = Birth year and age|1974
place_of_birth =
date_of_arrest =
place_of_arrest=
arresting_authority=
date_of_release =
place_of_release=
date_of_death =
place_of_death =
citizenship =
detained_at = Guantanamo
id_number =
group =
alias = Hani Saleh Rashid Abdullah,
charge = No charge, held in extrajudicial detention
penalty =
status =
csrt_summary =
csrt_transcript=
occupation =
spouse =
parents =
children =

Sa id Salih Sa id Nashir (a.k.a. Hani Saleh Rashid Abdullah) is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.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
publisher=United States Department of Defense
accessdate=2006-05-15
quote=] Nashir's Guantanamo detainee ID number is 841.American intelligence analysts estimate that Nashir was born in 1974, in Habilain, Yemen.

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 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 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.

Nashir chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_10_1089-1144.pdf#24 Summarized transcripts (.pdf)] , from Sa id Salih Sa id Nashir's"Combatant Status Review Tribunal" - pages 24-26]

Allegations

The allegations against Nashir were::""'a The detainee is associated with al Qaida and the Taliban::#"Originally from Lahaj, Yemen, the detainee traveled to Kandahar, Afghanistan via San’aa, Yemen; Dubai, United Arab Emirates; Karachi, Pakistan; and Quetta, Pakistan.:#"The detainee was a sic recruited in Al Baraida, Yemen by an al Qaida facilitator.:#"In late June 2001, while traveling from Yemen to Afghanistan, the detainee stayed in a Taliban guesthouse in Quetta, Pakistan.:#"The detainee attended basic training at al Farouq training camp from July to September 2001, where he received instruction in the Kalishnikov rifle, Rocket-Propelled Grenades (RPG), hand grenades, land mines and explosives.:#"The detainee attended two speeches by Usama Bin Laden while, training at the al Farouq camp.:#"The detainee, armed with a Kalishnikov rifle, worked for al Qaida as a guard at the Kandahar airport.:#"The al Qaida members guarding the Kandahar airport armed with Anti-Aircraft guns, SA-7, Rocket Propelled Grenades (RPG), and AK-47s.:#"The detainee was given $1,000 US by an al Qaida operative for travel from Afghanistan to his home country of Yemen.:#"The detainee was captured following a two and a half hour firefight in a Karachi Pakistan apartment, along with several other members of al Qaida during raids on al Qaida safe houses on 11 September 2002.:#"Passports belonging to Usama Bin Ladin’s family members were found at the suspected al Qaida residence on Taria Road in Karachi, Pakistan during raids on 11September 2001.

:""'b The detainee engaged in hostilities against the United States or its coalition partners::#"According to an al Qaida associate, the detainee fought north of Kabul.

Testimony

Nashir didn’t challenge most of the allegations. He said he didn’t participate in the firefight when he was captured, that he had never been to Kabul, and had never fought north of Kabul. Further he knew nothing about any documents found in the apartment where he was captured.

The transcript does not record the Tribunal asking the detainee, or his Personal Representative, any questions.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were re-instated.

On July 18, 2008 his attorney filed a "Status report for Hani Saleh Rashid Abdullah" summarizing the renewed petitions on his behalf.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/173/0.pdf
title=Status report for Hani Saleh Rashid Abdullah
publisher=United States Department of Justice
author=
date=2008-07-18
accessdate=2008-08-13
quote= ]

References