Yussef Mohammed Mubarak Al Shihri

Yussef Mohammed Mubarak Al Shihri is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.defenselink.mil/pubs/foi/detainees/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] His Guantanamo detainee ID number is 114.

According to the full list of the names of Guantanamo detainees released on May 15 2006 he was born on September 8 1985, in Riyadh Saudi Arabia. [http://www.defenselink.mil/pubs/foi/detainees/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]

On June 15 2005
Human Rights lawyer Clive Stafford Smith identified Al Shihrii 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 Shihri was 13 years old when captured. Smith observed that official US documents referred to this dozen minors solely by their initials, because US law prohibits identifying minors. Official documents referred to Al Shihri as YAS.

Identity

Captive 114 was identified inconsistently by the Department of Defense:
*Captive 114 was named Yussef Mohammed Mubarak Al Shihri on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 25 September 2004, and the Summary of Evidence memo prepared for his first annual Administrative Review Board, on 30 August 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#27
title=Summary of Evidence for Combatant Status Review Tribunal - Al Shihri, Yussef Mohammed Mubarak
date=25 September 2004
author=OARDEC
pages=pages 27-28
publisher=United States Department of Defense
accessdate=2007-12-03] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#46
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Shihri, Yussef Mohammed Mubarak
date=30 August 2005
author=OARDEC
pages=pages 46-48
publisher=United States Department of Defense
accessdate=2007-12-03]
*Captive 114 was named Yusef Modaray on the unclassified dossier of documents prepared for his Combatant Status Review Tribunal, released through his habeas corpus petition, on 28 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_815-893.pdf#1
title=Yusef Modaray v. George W. Bush
publisher=United States Department of Defense
date=July 28 2005
accessdate=2007-12-03
pages=pages 1-18]
*Captive 114 was named Yusef M Modaray on the Summary of Evidence memo prepared for his second annual Administrative Review Board, on 12 October 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_100-199.pdf#86
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Modaray, Yusef M
date=12 October 2006
author=OARDEC
pages=pages 86-88
publisher=United States Department of Defense
accessdate=2007-11-23]

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 Presidency 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 Presidency's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Yussef Mohammed Mubarak Al Shihri's Combatant Status Review Tribunal, on 25 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#27
title=Summary of Evidence for Combatant Status Review Tribunal - Al Shihri, Yussef Mohammed Mubarak
date=25 September 2004
author=OARDEC
pages=pages 27-28
publisher=United States Department of Defense
accessdate=2007-11-08] The memo listed the following allegations against him:

:"'a. The detainee was a member of the Taliban.:#The detainee is a citizen of Saudi Arabia who traveled to Pakistan and then to Afghanistan in April 2001 to fight with the Taliban.:#Detainee stayed at a Taliban safe house operated by a Taliban commander who was seen in the presence of the Taliban Minister of Defense.:#Detainee's brother is known al Qaeda operative.:#Detainee considers Americans his enemy and will fight against them until he dies.

:"'b. The detainnee participated in military operations against the United States and its coalition partners.:#Detainee met with the Taliban and said he was an Arab and wanted to fight.:#Detainee received training with grenades and sic Kalishnikov sic.:#Detainee spent five months at the front lines transporting food, ammunition, and burying the dead.

Transcript

There is no record thatcaptive 114 chose to participate in his Combatant Status Review Tribunal.

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. 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 Yussef Mohammed Mubarak Al Shihri's first annual Administrative Review Board, on 30 August 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#46
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Shihri, Yussef Mohammed Mubarak
date=30 August 2005
author=OARDEC
pages=pages 46-48
publisher=United States Department of Defense
accessdate=2007-12-03] The memo listed factors for and against his continued detention.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Yusef M Modaray'ssecond annualAdministrative Review Board, on 12 October 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_100-199.pdf#86
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Modaray, Yusef M
date=12 October 2006
author=OARDEC
pages=pages 86-88
publisher=United States Department of Defense
accessdate=2007-11-23] The memo listed factors for and against his continued detention.

References