Hammad Ali Amno Gadallah

Hammad Ali Amno Gadallah is a citizen of Sudan, held in extrajudicial detention in 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] His Guantanamo detainee ID number is 712.The US Department of Defense reports he was born on November 13 1969, in
Duba, Sudan.

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 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

During the winter and spring of 2005 the Department of Defense complied with a Freedom of Information Act request, and released five files that contained 507 memoranda which each summarized the allegations against a single detainee. These memos, entitled "Summary of Evidence" were prepared for the detainee's Combatant Status Review Tribunals. The detainee's names and ID numbers were redacted from all but one of these memos, when they were first released in 2005. But some of them contain notations in pen. 169 of the memos bear a hand-written notation specifying the detainee's ID number. One of the memos had a notation specifying Hammad Ali Amno Gadallah's detainee ID. [http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#46 Summary of Evidence (.pdf)] prepared for Hammad Ali Amno Gadallah"Combatant Status Review Tribunals" - December 14 2004 - page 46] The allegations Gadallah would have faced, during his Tribunal, were:

:""'a. The detainee is associated with the Taliban or al Qaida.:#"The detainee stated that he worked as an accountant for the Society for the Revival of Islamic Heritage (RIHS).:#"The RIHS is listed in the United States Department of Homeland Security - Terrorist Organization Reference Guide.:#"Before being named The Society for the Revival of Islamic Heritage, the office in Peshawar, Pakistan, was called the Afghanistan Support Committee (ASC).:#"The ASC was designated on the United States Executive Order Asset Freeze List for suspected support of terrorism financing in late 2001.:#"The detainee's name was found in an Arabic-Language document in which numerous Sudanese Shaykhs and Islamic scholars identify the United States as the greatest enemy of Islam and call for support of Afghan brothers by any means.

Transcript

Gadallah chose to participate in his Combatant Status Review Tribunal. [http://www.washingtonpost.com/wp-srv/nation/specials/guantanamo/HammadAliAmnoGadallah.pdf#1 Summarized transcripts (.pdf)] , from Hammad Ali Amno Gadallah's "Combatant Status Review Tribunal" - [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_30_2048-2144.pdf#39 mirror - pages 39-49] ]

Testimony

Gadallah acknowledged working as an accountant for the Revival of Islamic Heritage Society. [http://www.washingtonpost.com/wp-srv/nation/specials/guantanamo/HammadAliAmnoGadallah.pdf#1 Summarized transcripts (.pdf)] , from Hammad Ali Amno Gadallah's "Combatant Status Review Tribunal" - [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_30_2048-2144.pdf#39 mirror - pages 39-49] ] He was hired in April 2000.

Gadallah acknowledged that the organization had once been registered as the Afghanistan Support Committee -- in 1989.

Gadallah was asked about the charities funding of terrorist projects. Gadallah was able to assure them, in detail, how he felt the use of generally accepted accounting principles, he could assure them that none of the funds the charity administered were diverted to finance terrorist projects.

Gadallah asked some questions about the Arabic-language document referred to in the allegations. The Tribunal couldn't show it to him, or tell him the title, or tell him the names of the Sudanese Shaykhs or Islamic scholars identified the United States as an enemy. He pointed out that the document presumably described the views of its authors, and that if his name appeared in it that implied nothing about his views.

Habeas corpus

A writ of habeas corpus was filed on his behalf.cite news
url=http://www.pegc.us/archive/In_re_Gitmo/gov_mot_to_dismiss_20070419.pdf
title=Exhibit C: List of No Longer Enemy Combant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody
page=page 64
pages=
publisher=United States Department of Justice
author=
date=April 17 2007
accessdate=2008-05-05
quote=] It was amalgamated with other petitions, and heard by US District Court Judge Reggie Walton, as part of Mohammon v. Bush.

In September 2007 the United States Department of Defense published 179 dossiers in response to captives' habeas petitions.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] But they did not publish his.

Determined not to have been an Enemy Combatant

The Washington Post reports that Gadallah was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal. [http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"] , "Washington Post"] They report that Gadallah has been released.

References