Sharaf Ahmad Muhammad Masud

Infobox WoT detainees
subject_name = Sharaf Ahmad Muhammad Masud


image_size =
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date_of_birth = Birth year and age|1978 (estimate)
place_of_birth = Sana'a, Saudi Arabia sic
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 170
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
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Sharaf Ahmad Muhammad Masud is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, 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] Masud's Guantantanmo detainee ID number is 170.
Joint Task Force Guantanamo counter-terrorism analysts estimate Masud was born in 1978, in Sana'a, Saudi Arabia sic.

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 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 Tribunal. 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 Sharaf Ahmad Muhammad Masud's Combatant Status Review Tribunal, on 6 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#73
title=Summary of Evidence for Combatant Status Review Tribunal -- Masud, Sharaf Ahmad Muhammad
date=6 October 2004
author=OARDEC
pages=page 73
publisher=United States Department of Defense
accessdate=2007-12-06] The memo listed the following allegations against him::""'a. The detainee is associated with al Qaida.:#"In June 2001, detainee left Sana'a, Yemem sic, and traveled to Kandahar, Afghanistan with the help of an Arabic speaking guide.:#"Detainee spent two months in various Arab houses in Afghanistan for religious training.:#"Detainee in September 2001 went to Kabul, Afghanistan for two weeks and then traveled to Jalalabad, Afghanistan.:#"In late December 2001, detainee and a group of Arabs fled Jalalabad with the help of an Afghan guide, reaching a small Pakastani sic village where he surrendered to the Pakastani sic Army.

Testimony

Masud did not chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_39_2629-2646.pdf#14 Summarized transcripts (.pdf)] , from Sharaf Ahmad Muhammad Masud's "Combatant Status Review Tribunal" - pages 14-15] But he dictated a statement, which his Personal Representative read on his behalf.

Masud's statement

*Masud denied the general allegation that he was associated with al Qaida.

*Masud denied the specific allegation about the purpose of his travel to Afghanistan. He traveled there for religious purposes. He pointed out that he traveled there prior to the attacks on America on September 11, 2001. He acknowledged visiting two or three places frequented by other Arabs -- but that was when he was newly arrived, and he was finding his bearings.

*Masud acknowledged spending two months in the Kandahar area.

*Masud acknowledged traveling to Kabul. He spent approximately two weeks in Kabul. He went there to compare different Islamic practices. He left because Afghans were reacting to the overthrow of the Taliban by trying to kill Arabs. A friendly Afghan taxi driver, who spoke Arabic, drove him to Jalalabad.

*In Jalalabad he was told it wasn't safe for him to continue to travel by himself. So he joined a group of people traveling overland to the Pakistani border. Once he arrived in Pakistan he sought out the Pakistani authorities, so he could secure their help getting to the Yemeni embassy. But they transferred him the US custody instead. He had found the overland travel so grueling he had abandoned his bags, which contained his passport.Masud's final comment was:

Habeas petition

Captive 170 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 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 Sharaf Ahmad Muhammad Masud'sAdministrative Review Board, on 1 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#91
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Masud, Sharaf Ahmad Muhammad
date=1 July 2005
author=OARDEC
pages=pages 91-92
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed factors for and against his continued detention.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Sharaf Ahmad Muhammad Masud'sAdministrative Review Board, on 12 April 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#46
title=Unclassified Summary of Evidence for Administrative Review Board in the case of
date=12 April 2006
author=OARDEC
pages=pages 46-47
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed factors for and against his continued detention.

References