Muhammad Hamid Al Qarani

Infobox WoT detainees
subject_name = Muhammad Hamid Al Qarani

---

image_size =
image_caption =
date_of_birth = Birth year and age|1987
place_of_birth = Medina, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 269
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Muhammad Hamid Al Qarani is a citizen of Chad, held in extrajudicial detention in the United States Guantanamo Bay detention 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
author=OARDEC
publisher=United States Department of Defense
date=May 15, 2006
accessdate=2007-09-29
format=PDF] His Guantanamo Internee Security Number is 269.American intelligence analysts estimateAl Qarani was born in 1986, in Medina, Saudi Arabia.

On June 15, 2005
Human Rights lawyer Clive Stafford Smith identified Al Qarani as one of a dozen teenage boys held in the adult portion of the prison. [http://www.cageprisoners.com/articles.php?id=7880 The Kids of Guantanamo Bay] , "Cageprisoners", June 15, 2006] According to Smith Al Qarani was born in November 1987.

On May 28, 2006 The Independent said Al Qarani was accused of plotting with Abu Qatada, in London, in 1999 – when he was a 12 year old, living with his parents, in Saudi Arabia. [http://news.independent.co.uk/world/americas/article620704.ece The children of Guantanamo Bay] , "The Independent", May 28, 2006]

Identity

Captive 269 was identified inconsistently on official Department of Defense documents:
*Captive 269 was identified as Yousef Abkir Salih Al Qarani on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 26 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#8
title=Summary of Evidence for Combatant Status Review Tribunal – Al Qarani, Yousef Abkir Salih (published September 2007)
date=26 October 2004
page=page 8
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25]
*Captive 269 was identified as Muhammad Hamid Al Qarani on the Summary of Evidence memo prepared for his first and second annual Administrative Review Board, on 27 September 2005 and 29 May 2006, and on the two official lists, published in the Spring of 2006.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
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000295-000393.pdf#46
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Muhammad Hamid Al Qarani
date=27 September 2005
pages=pages 46-48
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_399-498.pdf#42
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Qarani, Muhammad Hamid
date=29 May 2006
pages=pages 42-44
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] 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
format=PDF]
*Captive 269 was identified as Muhammad Hamid (Yousef Akbir Salih) Al Qarani on four official lists of names published in September 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
format=PDF] 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
format=PDF] 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
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
title=Index of Summaries of Detention-Release Factors for ARB Round Two
author=OARDEC
publisher=United States Department of Defense
date=July 17, 2007
accessdate=2007-09-29
format=PDF]

Combatant Status Review Tribunal

", December 11, 2004] 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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Yousef Abkir Salih Al Qarani'sCombatant Status Review Tribunal, on 26 October 2004. cite web
url=http://www.dod.mil/pub/foi/detainees/csrt_Mar05.pdf#80
title=Summary of Evidence for Combatant Status Review Tribunal – name redacted (published March 2005)
date=26 October 2004
page=page 80
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#8
title=Summary of Evidence for Combatant Status Review Tribunal – Al Qarani, Yousef Abkir Salih (published September 2007)
date=26 October 2004
page=page 8
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] The memo listed the following allegations against him:

:"'a. The detainee is a member of al Qaida and the Taliban::#The detainee traveled to Pakistan in late 2001 [On the Summary of Evidence memo, published in March 2005, and September 2007, alleges Al Qarani traveled to Pakistan in late 2001. The transcript, released in March 2006, alleges he traveled to Pakistan in late 2000.] on a fake passport.:#The detainee has been associated with al Qaeda sic members.:#The detainee is identified as a member of the Bahrain Defense Organization.:#The detainee is a low level al Qaida fighter.

:"'b. The detainee participated in military operations against the U.S. and its Coalition partners.:#The detainee was recruited for military training at the al Farouq training camp.:#The detainee received military training, including use of AK-47's sic.:#The detainee reportedly may have fought [The three words "reportedly may have" were rendered in a monospaced courier font while the rest of the document was rendered in Times Roman.] against U.S. and coalition troops in Tora Bora.

Transcript

Al Qarani chose to dictate a statement for his Combatant Status Review Tribunal.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt/Set_28_1949-2000.pdf#4
title=Summarized Statement
date=date redacted
pages=pages 4-7
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcript from his Combatant Status Review Tribunal.cite news
url=http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html
title=US releases Guantanamo files
publisher=The Age
date=April 4, 2006
accessdate=2008-03-15
quote=]

Missing evidence

Al Qarani had requested his Personal Representative to present his student visa as evidence to his Tribunal that he had traveled to Pakistan to study computers and had never traveled to Afghanistan. His Personal Representative told the Tribunal he had been unable to locate Al Qarani's passport and evidence in the evidence locker.

The Tribunal briefly recessed, to consider this development, and when it reconvened the President announced::"“It was determined that this Visa like his passport would also be under a false name and therefor is truly irrelevant to the proceedings at this time. The Tribunal has determined that the document is irrelevant and we will not pursue anything further in trying to locate it.”"

Al Qarani's statement

Al Qarani's Personal Representative told the Tribunal Al Qarani asked him to present the evidence on his behalf.

Al Qarani's Personal Representative did not mention Al Qarani's youth.

Al Qarani had acknowledged acquiring a false passport::"“I actually did leave Pakistan in late 2000 and in doing so I had to obtain a fake passport. The reason is because I was born in Saudi Arabia but my family was from Chad. I had to go to the Chad Embassy to find out if I could obtain a passport. They allowed me to get one under a different name; which made the passport fake.”"

Al Qarani had denied having any contact with Al Qaeda or the Taliban.

Al Qarani had stated he was caught in Karachi, Pakistan and sold to the Americans for $5,000. He said he was not a fighter. He denied ever having been to any training camps.

Initially Al Qarani’s Personal Representative told his Tribunal that Al Qarani was captured in Saudi Arabia, after September 11, 2000, when he went to the Police Station to report that he had lost his passport.

The Tribunal President confirmed a note on Al Qarani detainee election form that his Personal Representative had not mentioned::"“the detainee requested to have the airport confirm that he left Saudi only once. That was a month to a month and a half prior to 9/11 to go to Jeddah and then Karachi. Truly that is not relevant to what we are talking about and there is no way to confirm that obviously without his passport. We just wanted to address that since it is on the Detainee Election Form.”"

The Tribunal reconvened, twice, to correct errors the Personal Representative made.
#Al Qarani had traveled to Pakistan in late 2001, not 2000.
#Al Qarani was not arrested in Saudi Arabia. He was arrested in Pakistan, "“amongst Arabic and Saudi people.”"

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.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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Muhammad Hamid Al Qarani'sfirst annualAdministrative Review Board, on27 September 2005.cite web
url=
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Muhammad Hamid Al Qarani
date=27 September 2005
pages=pages 46-48
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:

Boston Globe investigations

On July 14, 2006 the "Boston Globe" reported on investigations they made to test the credibility of the allegations against Guantanamo detainees. [http://jurist.law.pitt.edu/paperchase/2006/07/guantanamo-accusations-questioned.php Guantanamo accusations questioned after review turns up basic errors] , "The Jurist", July 14, 2006] Al Gharani was one of the detainees whom they profiled. [http://www.boston.com/news/nation/washington/articles/2006/07/14/factual_errors_cited_in_cases_against_detainees/ Factual errors cited in cases against detainees: Lawyers demand new trial system at Guantanamo] , "Boston Globe", July 14, 2006]

The Globe reported that Al Gharani was alleged to have been part of a cell, in London, lead by Abu Qatada, "circa 1998" – when Al Gharani was 11 or 12 years old. [http://www.boston.com/news/nation/washington/articles/2006/07/14/factual_errors_cited_in_cases_against_detainees/ Factual errors cited in cases against detainees: Lawyers demand new trial system at Guantanamo] , "Boston Globe", July 14, 2006] According to the Globe::"Chito Peppler, a Pentagon spokesman, said the date referred to when 'Abu Qatada became active.' He maintained that it was possible that Gharani had been a part of the cell before his arrest at 14."

Al Gharani's lawyer, Clive Stafford Smith pointed out that Al Gharani had never traveled to England. [http://www.boston.com/news/nation/washington/articles/2006/07/14/factual_errors_cited_in_cases_against_detainees/ Factual errors cited in cases against detainees: Lawyers demand new trial system at Guantanamo] , "Boston Globe", July 14, 2006]

Smith also offered an example of how allegations arose against Al Gharani due to the DoD's lack of qualified translators. [http://www.boston.com/news/nation/washington/articles/2006/07/14/factual_errors_cited_in_cases_against_detainees/ Factual errors cited in cases against detainees: Lawyers demand new trial system at Guantanamo] , "Boston Globe", July 14, 2006] In Al Gharani's dialect of Arabic 'zalati' is a tomato. In his translator's dialect of Arabic 'zalati' meant money. His translator asked Al Gharani where he would go to get money, back home, and Al Gharani dutifully listed all the grocery stalls where he could buy tomatoes.

Questioning over the June 10th 2006 suicides

The Department of Defense reported, on June 10, 2006, that three detainees committed suicide. The camp commander, Admiral Harry Harris, called the suicides, "an act of asymetrial warfare". One reaction of the camp authorities to the suicide was to seize all their papers, even their confidential communication with their lawyers. Leaks from the camp authorities fueled rumors that the camp authorities had reason to believe that detainee's lawyers had actively conspired with the detainees in arranging the suicides. The camp authorities claimed that one of the suicide notes was written on stationary that the camp authorities made available to detainee's lawyers.

The "Washington Post" reports that the lawyer camp authorities have focussed their suspicion on was Clive Stafford Smith. [http://www.washingtonpost.com/wp-dyn/content/article/2006/09/28/AR2006092800069.html Group Denounces U.S. Over Gitmo Suicides] , "Washington Post", September 28, 2006] Stafford Smith reports that his client Mohammed el-Gharani, one of the youngest of the Guantanamo detainees, has been interrogated, at length, trying to establish a tie between him and the suicides. [http://seattlepi.nwsource.com/national/1102AP_Guantanamo_Suicides.html Lawyer for detainees speaks on suicides] , "Seattle Post-Intelligencer", September 25, 2006] In a letter to the Associated Press Stafford Smith wrote::"The interrogator said I told my clients to kill themselves, and word was passed to the three men who did commit suicide."

According to the "Seattle Post-Intelligencer", Stafford Smith claims: "...soldiers have threatened to move el-Gharani to Camp 5, a maximum-security facility, if he does not implicate Stafford Smith in the suicides.". [http://seattlepi.nwsource.com/national/1102AP_Guantanamo_Suicides.html Lawyer for detainees speaks on suicides] , "Seattle Post-Intelligencer", September 25, 2006]

Historian Andy Worthington, reporting on April 25, 2008, in the Lebanon Daily Star, described abuse Al Qaranhi reports experiencing.cite news
url=http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=5&article_id=91429
title=When Guantanamo held children
publisher=Dailty Star
author=Andy Worthington
date= April 25, 2008
accessdate=2008-04-25
quote=] The abuse Al Qaranhi reports include:
*sleep deprivation;
*having a cigarette extinguished on his body;
*having freezing cold water thrown on him;
*being suspended by his arms, with his feet hanging free from the floor, for extended periods of time;
*having a soldier hold his penis in his hand, hold a pair of scissors, and threaten to cut it off.

References

External links

*cite news
url=http://www.salon.com/news/feature/2008/06/24/juveniles_at_gitmo/
title=The war on teen terror
publisher=Salon magazine
author=Jo Becker
date=June 24, 2008
accessdate=2008-06-24
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.salon.com%2Fnews%2Ffeature%2F2008%2F06%2F24%2Fjuveniles_at_gitmo%2F&date=2008-06-24 mirror]