Nabil Said Hadjarab

Infobox WoT detainees
subject_name = Nabil Hadjarab

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image_size =
image_caption = | date_of_birth = Birth date|1979|07|21
place_of_birth = Aentaya, Algeria
date_of_arrest = December 15 2001
place_of_arrest= | arresting_authority=
date_of_release = | place_of_release=
date_of_death = | place_of_death =
citizenship = | detained_at = Guantanamo
id_number = 238
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
csrt_summary =
csrt_transcript=
occupation = | spouse = | parents = | children =

Nabil Hadjarab is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Hadjarab's Guantanamo detainee ID number is 238.The Department of Defense reports that he was born on July 21 1979, in Aentaya, Algeria.

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 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 Nabil Said Hadjarab'sCombatant Status Review Tribunal, on 18 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#65
title=Summary of Evidence for Combatant Status Review Tribunal -- Hadjarab, Nabil Said
date=18 September 2004
pages=pages 65-66
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-06-23] The memo listed the following allegations against him:

:

Transcript

Hadjarab chose to participate in his Combatant Status Review Tribunal.cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_33_2302-2425_Revised.pdf#69
title=Summarized Statement
date=date redacted
pages=pages 69-71
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-06-23] On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a three page 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=]

Testimony

Hadjarab did not want to address his Tribunal. But his Personal Representative had prepared answers to the allegations on his behalf.
* Hadjarab denied membership in al Qaeda.
* Hadjarab had denied knowing of the Finsbury Park Mosque's reputation. He told his Personal Representative if he had known he never would have attended that Mosque.
* Hadjarab acknowledged flying to Pakistan in March 2001. He stayed there for a night or two prior to crossing into Afghanistan -- where his goal was to study the Koran in Arabic.
* Hadjarab acknowledged being taught how to use and AK-47 in July 2001 -- but he learned to use the rifle for protection against Afghani thieves, not Americans.
* Hadjarab denied attending any training camps. An interrogator who had accused him of attending a training camp two years earlier had subsequently acknowledged that he had made a mistake, and confused his case with that of another detainee.
* Hadjarab partially acknowledged the third allegation of hostile activity. He did feel he was in a safe place. And he did have an AK-47 -- for protection only.
* Hadjarab had told his Personal Representative that he had followed Afghans who had told him they would help him escape, but who, instead handed him over to bounty hunters who sold him to the Americans.

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.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 Nabil Hadjarab'sfirst annual Administrative Review Board, on 6 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#86
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Hadjarab, Nabil
date=6 July 2005
pages=pages 86-88
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-06-23] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#While living in France, the detainee purchased a French passport, then traveled from Paris to the UK at the end of November 2000.:#The detainee primarily attended three mosques in London; Finsbury Park, Baker Street, and Stamfort Hill. Finsbury Park was the mosque he attended most often fro both prayers and lectures.:#Sheik Abu Hamza, the spiritual leader of Finsbury Park Mosque, supported the killing of civilians by the Algerian GIA (Group Islamic Algerian). He also facilitated travel to Afghanistan and access ot Usama Bin Laden's training commanders.:#The GIA (Armed Islamic Group) is identified by the Department of Homeland Security as an Islamic extremist group.:#The detainee has been identified as the London associated of an individual who is implicated in a plot to detonate an improvised radiological device in the United States.:#Omar, who the detainee met in London, financed and arranged the detainee's travel from the UK to Pakistan and on to Afghanistan in March 2001.:#Hassan Ibn Omar served as Sheik Abu Hamza's immediate subordinate at the Finsbury Park Mosque.:#Once in Jalalabad, the detainee stayed at a house owned by an individual named Zacharia. Three other individuals were staying at the house, all of whom spoke Arabic with a North African dialect.

:"'b. Training:#The detainee was trained on an AK-47 by Zacharia, who gave him the AK-47 for use in self-defense.:#In November 2001, the detainee fled Jalalabad. He joined a group of eight others, led by Abu Tahbit, and went up into the mountains, where he shared a trench with the group.:#Thabit commanded Camp Thabit, which was located in the Tora Bora region south of Jalalabad. The camp was one of a series of camps that were set up to support and defend retreating Taliban and al Qaida terrorist forces.:#The detainee's trench was equipped with an AK-47 and a few hand grenades.

:"'c. Other Relevant Data:#In mid December 2001, the detainee was injured during a helicopter attack as he was heading toward the Pakistan border.:#The detainee said he surrendered on the outskirts of a village in Afghanistan, to armed Afghanis, who then turned him over to U.S. Forces.:#The detainee said eh was brought to a hospital where he was treated for his wounds. He was then sent by bus to Kabul and turned over to the Northern Alliance, who released the detainee to American troops.

The following primary factors favor release or transfer:

:

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Nabil Hadjarab'ssecond annual Administrative Review Board, on 7 April 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#78
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Hadjarab, Nabil
date=7 April 2006
pages=pages 78-80
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-06-01] The memo listed factors for and against his continued detention.

References