Mohammed Mubarek Salah Al Qurbi

Mohammed Mubarek Salah Al Qurbi
Mohammed Mubarek Salah Al Qurbi
Born 1975 (age 35–36)
Khamees Musheet, Saudi Arabia
Released 2007-09-05
Citizenship Saudi Arabia
Detained at Guantanamo
Alternate name

 

  • Muhammed Mubarak al Kurbi
ISN 342
Charge(s) No charge (held in extrajudicial detention)
Status Repatriated to Saudi Arabia

Mohammed Mubarek Salah Al Qurbi is a citizen of Saudi Arabia, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Al Qurbi's Guantanamo detainee ID number was 342. The Department of Defense reports that Al Qurbi was born on July 30, 1975, in Khamees Musheet, Saudi Arabia.

He was captured in November 2001.[2] He arrived in Guantanamo on February 11, 2002, and was repatriated on September 5, 2007.[3][4][5]

Contents

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3x5 trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[6][7] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[8]

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.

allegations

A Summary of Evidence memo was prepared on December 20, 2004.[9] The allegations Al Qurbi faced during his Tribunal were:

A. The detainee is associated with al Qaida and associated with the Taliban.
  1. The detainee traveled extensively during the period December 2000 through November 2001, Multiple visits to Saudi Arabia, Pakistan, the United Arab Emirates, a one-week stop in Syria and a five-month stay in Malaysia are recorded on the passport.
  2. An Al Qaida operative is known to have falsified passports using Malaysian visa stamps in order to eliminate evidence of travel in Afghanistan and Pakistan,
  3. The detainee was a member of Al Qaida and a member of al-Nashiri's security element.
  4. The detainee was observed on board a Taliban airplane carrying fighters down towards Northern Afghanistan,
  5. The detainee was identified as an Al Qaida member by a farmer guard at Usama Bin Laden's complex at the Kandahar, Afghanistan Airport,
  6. The detainee served as the manager of the Al Qaida frontline's al Qaida guest house, Kabul in Kabul, Afghanistan.
  7. Pakistani police in Quetta arrested the detainee on 25 November 2001.

Transcript

Al Qurbi chose to participate in his Combatant Status Review Tribunal.[10] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a four-page summarized transcript from his Combatant Status Review Tribunal.[11]

Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[12]

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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.

2005 Summary of Evidence memo

A three-page Summary of Evidence memo was prepared for Mohammed Mubarak Salah Al Qurbi's first annual Administrative Review Board hearing on May 20, 2004.[13] He faced twelve factors favoring continued detention and four factors favoring transfer or release.

The following primary factors favor continued detention

a. Commitment
  1. The detainee traveled extensively during the period of December 2000 through November 2001. Multiple visits to Saudi Arabia, Pakistan, and United Arab Emirates, a one-week stop in Syria, and a five-month stay in Malaysia are recorded in his passport.
  2. The detainee attended a religious meeting of Jama'at al Tabligh at a mosque in Lahore, Pakistan. During his stay at the mosque, he talked to members of Jama'at Tabligh about the Koran and Al-Da'wa.
  3. The Jama'at Al Tabligh is a Pakistan-based Islamic missionary organization believed to be used as a cover to mask travel and activities of terrorist, including members of al Qaida.
  4. The detainee was identified as an al Qaida member by a former guard at Usama Bin Laden's complex at the Kandahar, Afghanistan Airport.
  5. The detainee was observed on board a Taliban airplane ferrying fighters bound for Northern Afghanistan.
  6. The detainee served as the manager of the al Qaida front-line guesthouse in Kabul, Afghanistan.
b. Training
The detainee's passport contained a forged entry/exit stamp for Malaysia, which was provided to al Qaida members who were trained in the al-Faruq camp.
c. Connections/Associations
  1. The detainee was a member of al Qaida and a member of Al-Nashiri's security element.
  2. Al-Nashiri is a key suspect in the USS COLE bombings.
d. Other Relevant Data
  1. Pakistani Police in Quetta arrested the detainee on 25 November 2001.
  2. The detainee had in his possession a notebook which contained the name of Sami 'Ali Muhammad 'Umar Al (Daman), a Yemeni jihadist.
  3. The detainee was polite and easy to get along with during his interviews, but it was apparent that the detainee was withholding information and all of his answers were vague, evasive and unclear.

The following primary factors favor release or transfer

a. The detainee claims to have no specific knowledge of Taliban, al Qaida or other extremist activities in any of the countries visited. The detainee claims to have not been a combatant in Afghanistan.
b. The detainee denies having any knowledge of the attacks in the U. S. prior to their
execution on September 11th. He also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.
c. The detainee claimed he moved to Pakistan to teach the Quran and denies any affiliation with the al Qaida.
d. The detainee claims he never went to Afghanistan.

Transcript

Al Qurbi chose to participate in his Administrative Review Board hearing.[14]

2006 Summary of Evidence memo

A two-page Summary of Evidence memo was prepared for Muhammad Mubarak Salim Al Shadakh Al Qurbi's second annual Administrative Review Board hearing on May 6, 2006.[15] He faced fourteen factors that favored continued detention and one factor that favored release or transfer. The following primary factors favor continued detention

a. Commitment
  1. The detainee traveled extensively during the period of December 2000 through November 2001. Multiple visits to Saudi Arabia, Pakistan, and United Arab Emirates, a one-week stop in Syria, and a five-month stay in Malaysia are recorded in his passport.
  2. The detainee was observed onboard a Taliban airplane ferrying fighters bound for northern Afghanistan.
  3. The detainee was identified as an al Qaida member responsible for smuggling weapons, al Qaida personnel, and drugs into Saudi Arabia, Yemen, Pakistan, and Afghanistan.
  4. While in Afghanistan the detainee transported Mujahedin fighters from the Hamza al Ghamdi guest house in Kabul, Afghanistan to the front lines in Bagram, Afghanistan.
b. Training
  1. The detainee was reported to have trained at the al Farouq training camp in tactics, weapons, and explosives in 2000.
  2. The detainee's passport, seized during his arrest, contains forged entry/exit stamps for Malaysia. These forged stamps were often provided to al Qaida members who trained at the al Farouq camp.
c. Connections/Associations
  1. The detainee was identified as having worked directly for al Qaida under al Ghamdi.
  2. A former bodyguard of Usama bin Laden identified the detainee as an al Qaida member.
  3. The detainee was identified as being part of a security element associated with senior operative Abd al Rahman al Nashiri.
  4. Al Nashiri is a key suspect in the U.S.S. Cole bombings and, according to Abu Zubaydah, was most recently planning retaliatory attacks against the United States government with Khalid Shaykh Mohammed.
  5. The detainee attended a religious meeting of Jamat-al-Tabligh at a mosque in Leewand, Pakistan. During his stay at the mosque, the detainee talked to members of Jamat-al-Tabligh about the Koran and Al-Dawa.
  6. The Jamat-al-Tabligh is a Pakistan-based Islamic missionary organization believed to be used as a cover to mask travel and activities of terrorists, including members of al Qaida.
d. Intent
  1. The detainee was identified as having fought in northern Afghanistan against General Dostum and other parties considered enemies of the Taliban.
  2. The detainee swore [ayat to Usama bin Laden.

The following primary factors favor release or transfer

The detainee claims to have no specific knowledge of the Taliban, al Qaida, or other extremist activities in the countries he visited. The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledge of any rumors or plans of future attacks on the United States or its interests.

Repatriation

Al Qurbi was one of sixteen Saudi repatriated from Guantanamo on September 5, 2007.[2][16]

References

  1. ^ OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. ^ a b "Guantanamo Docket: Mohammed Mubarek Salah al Qurbi". New York Times. 2008-11. http://projects.nytimes.com/guantanamo/search/342. Retrieved 2010-03-30. 
  3. ^ Sonia Saini, Almerindo Ojeda. "Heights, weights, and in-processing dates". Center for the Study of Human Rights in the Americas. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21. 
  4. ^ "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21. 
  5. ^ OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. 
  6. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  7. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  8. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  9. ^ OARDEC (2004-10-27). "Summary of Evidence for Combatant Status Review Tribunal -- Al Qurbi, Mohammed Mubarek Salah". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/342-mohammed-mubarek-salah-al-qurbi/documents/5/pages/378#1. Retrieved 2010-03-30. 
  10. ^ OARDEC (date redacted). "Summarized Detainee Transcript". United States Department of Defense. pp. pages 10–13. http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_22_1689-1741.pdf#10-13. Retrieved 2010-03-16. 
  11. ^ "US releases Guantanamo files". The Age. April 4, 2006. http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html. Retrieved 2008-03-15. 
  12. ^ Spc Timothy Book (Friday March 10 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. 
  13. ^ OARDEC (2005-05-20). "Unclassified Summary of Evidence for Administrative Review Board in the case of Mohammed Mubarak Salah, Al Qurbi". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/342-mohammed-mubarek-salah-al-qurbi/documents/1/pages/398#8. Retrieved 2010-03-30. 
  14. ^ OARDEC (date redacted). "Summarized Administrative Review Board Detainee Statement". United States Department of Defense. pp. pages 106–112. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_6_20255-20496.pdf#106-112. Retrieved 2010-03-16. 
  15. ^ OARDEC (2006-05-06). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Qurbi, Muhammad Mubarak Salim Al Shadakh". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/342-mohammed-mubarek-salah-al-qurbi/documents/3/pages/528#18. Retrieved 2010-03-30. 
  16. ^ "Sixteen Saudis return from Guantanamo Bay prison". Asharq Al-Awsat. September 6, 2007. http://aawsat.com/english/news.asp?section=1&id=10114. Retrieved 2007-09-07. 

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