Assem Matruq Mohammad Al Aasmi

Assem Matruq Mohammad Al Aasmi is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] His detainee ID number is 049.

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 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 Assem Matruq Mohammad Al Aasmi'sCombatant Status Review Tribunal, on
16 August 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#58
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Aasmi, Assem Matruq Mohammad
date=16 August 2004
pages=pages 58-59
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-01] The memo listed the following allegations against him:

:"'* The detainee is an al-Qaida fighter::#The detainee admitted he traveled from Palestine to Afghanistan the summer of 2001.:#The purpose of the detainee's travel to AF was to participate in the "jihad".:#When the detainee arrived in AF, he attended the Al Farouq training camp.:#At the Al Farouq training camp, the detainee learned how to use the Kalishnakov sic rifle, a rocket propelled grenade (RPG), a handgun and a "Biki" rifle.:#Following the 9-11 attacks, the detainee fled to Khost, AF, where he hid in a tent marked with a "Red Cross" symbol.:#While in Khost, AF, another al-Qaida fighter mishandled a hand grenade, which exploded and severely wounded the detainee.:#The detainee was smuggled into Pakistan for medical treatment. He was then arrested by Pakistani authorities and turned over to U.S. forces.

Transcript

Al Aasmi chose to participate in his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_40_2647-2664.pdf#1 Summarized transcripts (.pdf)] , from Assem Matruq Mohammad Al Aasmi's "Combatant Status Review Tribunal" - pages 1-8]

Habeas petition

Captive 49 had a habeas corpus petition published on his behalf.But, although the Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.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]

In July 2008 the US District Court ruled that his habeas petition was moot.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/212/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 212 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386
publisher=United States Department of Justice
author=
date=2008-07-29
accessdate=2008-08-13
quote= ]

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. 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.

The factors for and against continuing to detain Al Aasmi were among the 121 that the Department of Defense released on March 3 2006. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf#93 Factors for and against the continued detention (.pdf)] of Assem Matruq Mohammad Al Aasmi "Administrative Review Board" - page 93]

"The following primary factors favor continued detention:

:""'a. Commitment:#"The detainee admitted he traveled from Palestine to Afghanistan (AF) in the summer of 2001.:#"The purpose of the detainee's travel to AF was to participate in the Jihad.:#"The detainee admitted that he was convinced to go to Afghanistan by an individual who might be a recruiter for al Qaida.

:""'b. Training:#"When the detainee arrived in AF, he attended the al Farouq training camp.:#"At the al Farouq training camp, the detainee learned how to use the Kalishnikov "sic" rifle, a rocket propelled grenade (RPG), a handgun and a "Biki" rifle.

:""'c. Intent:#"The detainee admits that he supports the actions of Usama Bin Ladin and others who commit acts of terrorism.:#"The detainee stated that he moderately supports the beliefs and actions of the Taliban.:#"The detainee admitted that he has lied on previous interviews with interrogators.

"The following primary factors favor release or transfer:

:* "Detainee stated during his CSRT that he "was not an Enemy Combatant to Americans." He alleges that he never went from Pakistan to Saudi Arabia and to Afghanistan for Jihad; his intention was not for fighting. He went on to say that "My faith does not allow me to go all the way to Afghanistan to do Jihad before doing my duty in my home country".sic

Transcript

Al Aasmi chose to participate in his Administrative Review Board hearing. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_1_395-584.pdf#20 Summarized transcript (.pdf)] , from Assem Matruq Mohammad Al Aasmi's "Administrative Review Board hearing" - page 20]

References