Bessam Muhammed Saleh Al Dubaikey

Bessam Muhammed Saleh Al Dubaikey is a citizen of Saudi Arabia, is a prisoner at the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Al Dubaikey's Guantanamo detainee ID number is 340.American intelligence analysts estimate that Al Dubaikey was born in 1978, in Qasim, Saudi Arabia.

The United States government justifies holding prisoners of its war against terrorism at Guantanamo Bay without the benefit of judicial oversight as necessary for the safety of the people of the United States.

Identity

While answering the factors favoring continued detention he confirmed that his name was not really Bessam Muhammad.He said that Bessam Muhammad was a friend of his, with a more influential family. He said he thought that if he pretended to be his friend it would preserve him from some of the harsher treatment.

The Board did not ask his real name.

He also acknowledged falling off a horse, and suffering a head injury. He said, for a time, he suffered from multiple personalities. He said blows to his head can bring strange behavior, or relapses.

Combatant Status Review Tribunal

Initially the United States government asserted that it could withhold all the protections of the Geneva Conventions to prisoners in the War on Terrorism. This policy was challenged in court by advocates of the prisoners where it was 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 only empowered to make a recommendation as to whether the captive had previously been correctly determined to match the government's definition of an enemy combatant.

Al Dubaikey chose to participate in his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_29_2001-2047.pdf#22 Summarized transcripts (.pdf)] , from Bessam Muhammed Saleh Al Dubaikey's "Combatant Status Review Tribunal" - pages 22-30]

Witness request

Al Dubaikay requested the testimony of detainee 243, Abdullah Ali Al Utaybi, but he did not choose to appear.

Allegations

The allegations Al Dubaikey faced during his Tribunal were::""'a. The detainee is associated with al Qaida: :#"The detainee traveled from Saudi Arabia to Pakistan and the United Arab Emirates in September 2001. :#"The detainee was arrested at a checkpoint in Pakistan. :#"The detainee was in possession of a large sum of money when captured. :#"The detainee was arrested with another individual Detainee: :#"The individual was a fighter at Tora Bora.:#"This individual also attended paramilitary training camps. :#"This individual was also the director of the Al Wafa organization in Herat.:#"Al Wafa is a non-governmental agency considered a terrorist organization. :#"The detainee met with a known al Qaida facilitator.:#"The detainee may have attended a terrorist training camp. :#"The detainee received special training in Kabul.

Testimony

Al Dubaikey acknowledged traveling from Saudi Arabia, through Pakistan, to the UAE, but couldn't recall the exact date.

Al Dubaikey acknowledged being arrested at a checkpoint in Pakistan.

Al Dubaikey acknowledged being in possession of a large sum of money when captured.

Al Dubaikey acknowledged being captured with another individual.

Al Dubaikey denied his companion was a fighter at Tora Bora. He was arrested before the fight in Tora Bora.

Al Dubiakey denied his companion attended paramilitary training camps.

Al Dubaikey expressed skepticism that his traveling companion was a director of Al Wafa.
*His traveling companion had a lot of money, which he was looking for a good, reputable charity to whom to make a donation. Al Dubaikey suggested, "If he had any relations with the Al Wafa organization he would not go and look for another organization to give the money to he would just give it to his organization."
*He just came from Turkey sic.
*He never mentioned Al Wafa during the four days they traveled together.

Al Dubaikey responded to the allegation that Al Wafa was known to be considered a terrorist organization by saying he had never heard of Al Wafa until he arrived in Cuba.

Al Dubaikey responded to the allegation that he met with a known al Qaida facilitator by saying he met two people in Pakistan. And, if they were related to al Qaida they would have disapproved of him because he dated lots of women and didn't have a beard.

Al Dubaikey denied attending any training camps.

Al Dubaikey responded to the allegation that he received special training in Kabul by asking where Kabul was. When he was told that it was a town in Afghanistan he reminded the Tribunal he had never been to Afghanistan. He reminded them that they had his passport, which showed he had arrived in Pakistan very shortly before his arrest. There would have been no time to cross into Afghanistan, attend a training camp, and be back in time for his arrest.

Al Dubaikey's statement

Al Dubaikey told the Tribunal that he had met with representatives from the Saudi embassy, who told him that Ali Abbott, "the head of the intelligent service in Pakistan" sic had looked at his file, and told them he was obviously innocent. Dubaikey said he got "a piece of paper from the court in Pakistan saying that I was an innocent man". He said he received this paper the day before he was transferred to American custody. Al Dubaikey said he hopes the paperwork that verifies his innocence is still buried somewhere in his dossier.

Al Dubaikey said he feels unsafe, both in Guantanamo, or if he is released, because the Saudi detainees, who were actually jihadists, all believed he was a spy. He feared retaliation, both in Guantanamo, or if he were released.

Al Dubaikey's testimony in response to the Tribunal's questioning

*Al Dubaikey said he traveled to Pakistan to look for artifacts like old coins or old books. The kinds of artifacts he deals with are much cheaper than in Saudi Arabia or Europe.
*Al Dubaikey said this was his first buying trip to Pakistan.
*Al Dubaikey said he had taken ninety thousand dollars with him to buy artifacts.
*Al Dubaikey said much of that money he earned in the short time he was in Pakistan, because he found other collectors had already bought the kinds of artifacts he was interested in, but failed to realize their value, and he had been able to buy some of them, and sell them on the internet. One of the artifacts he mentioned selling for a great deal of money was a pair of mummies.
*Al Dubaikey assured the Tribunal that his sales could be documented, if the Pakistan internet expert who helped him make the sales could be located.
*Al Dubaikey assured the Tribunal that he had no military training.
*Al Dubaikey assured the Tribunal he was not a member of al Qaida, and not a member of Al Wafa.
*Al Dubaikey clarified that he had only been in Pakistan a short time, but it was longer than four days. It had been four days since he met his traveling companion, who rescued him, when he got lost, and couldn't find his hotel, and had a panic attack.
*Al Dubaikey said they were both traveling with a lot of money, and thought they would be safer if they traveled together.
*The Tribunal officers pointed out how little Al Dubaikey knew about his traveling companion. They pointed out he could be a fanatic. Al Dubaikey admitted sheepishly that he didn't know much about him, but he suggested it was unlikely he was a jihadist because he chose to watch pornographic movies on Al Dubaikey's laptop while Al Dubaikey drove.
*Al Dubaikey said that the reason they were told they were stopped at the checkpoint was that they were Arabs. The official manning the checkpoint acknowledged he had no reason to assume there was anything wrong with them, but unless they paid him $5000 he was going to arrest them and turn them over to the Americans, who would pay $5000 a piece for them.
*Al Dubaikey was asked what happened to his $90,000, and his other artifacts, when he was arrested. He knows that his belongings followed him when he was transferred to US custody.

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Bessam Muhammed Saleh Al Dubaikey's first annual Administrative Review Board, on 21 October 2005. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000394-000494.pdf#7
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Dubaikey, Bessam Muhammed Saleh
date=21 October 2005
pages=pages 7-9
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-30] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#The detainee has traveled to Qatar, Dubai and Pakistan for business and pleasure.:#Prior to Ramadan in November 2001 the detainee flew from Jeddah, Saudi Arabia to Karachi, Pakistan. His purpose for travel to Pakistan was to look for rare old books and coins. He could not find coins in Karachi, Pakistan, so he flew to Islamabad, Pakistan.:#The detainee brought $12,000 United States Dollars with him to Pakistan and funded his own travel.:#The detainee was identified as being present at a guesthouse in Karachi, Pakistan that was run by a known al Qaida member.:#A senior al Qaida operative recognized a photograph of the detainee.:#The detainee was seen at a guesthouse in Kabul, Afghanistan where he promised to give a senior al Qaida operative money for operations in Israel.:#The detainee admitted he has been using the name of his friend in order to hide his true identity.

:"'b. Connections/Associations::The detainee was arrested with a suspected member of al Wafa.

:"'c. Intent::The detainee was identified as a "religious thinker" in the cellblocks at Guantanamo Bay, Cuba. A religious thinker is described as those detainees who use religion as a guide on how to behave, especially while in detention. Religious thinkers direct others to use their religion to withstand the interrogations and not answer any questions.

:"'d. Other Relevant Data:#The detainee admitted another man went to the passport office for the detainee, filled out the necessary paperwork and brought detainee his passport.:#The detainee admitted to having a satellite phone with him at time of capture. This satellite phone was for calling his family.:#A name closely resembling one of the detainee's known aliases, the year and place of his birth and the detainee's parent's phone number, was found on a military training camp application discovered in an office in Kandahar, Afghanistan.:#The detainee provided U.S. Forces with his parent's home phone number, which matches the number found on the training camp application.

The following primary factors favor release or transfer:

:

Transcript

Al Dubaikey chose to participate in his Administrative Review Board hearing. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_6_20255-20496.pdf#86
title=Summary of Administrative Review Board Proceedings of ISN 340
date=13 November 2005
author=OARDEC
pages=pages 86-105
publisher=United States Department of Defense
accessdate=2007-12-30]

Enemy Combatant Election Form

Al Dubaikey's Assisting Military Officer's read from the Enemy Combatnat Election Form he prepared from the interview. He told the Board that Al Dubaikey made an allegation of torture during his interview, which he documented and reported in accordance with the Standard Operating Procedures. Al Dubaikey also made a request to file a writ of habeas corpus, which he documented and which will be processed in accordance with defined procedures.

His Assisting Military Officer said Al Dubaikey was cordial, and attentive; that was initially reserved and skeptical of the ARB, but he became more interactive as the interview continued.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for xyxyAdministrative Review Board, on
3 December 2004.cite web
url=xxx
title=Unclassified Summary of Evidence for Administrative Review Board in the case of
date=
pages=page
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-19] The memo listed factors for and against his continued detention.

Repatriation

According to The Saudi Repatriates Report Al Dubaikey has been repatriated.cite web
url=http://www.fotofest.org/guantanamo/SaudiReport.pdf
title=The Saudi Repatriates Report
author=Anant Raut, Jill M. Friedman
date=March 19 2007
accessdate=April 21
accessyear=2007]

References