Ali Ahmad Muhammad Al Rahizi

Infobox WoT detainees
subject_name = Ali Ahmad Muhammad Al Rahizi


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date_of_birth = Birth date|1979|10|13
place_of_birth = Ta'iz, Yemen
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 45
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Ali Ahmad Muhammad Al Rahizi is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, 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] Al Rahizi's Guantanamo Internee Security Number is 45.
Joint Task Force Guantanamo counter-terrorism analysts reports he was born on October 13 1979, in Ta'iz, Yemen.

Combatant Status Review Tribunal

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Ali Ahmad Muhammad Al Rahizi's Combatant Status Review Tribunal, on 23 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#54
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Rahizi, Ali Ahmad Muhammad
date=23 September 2004
pages=page 54
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-01-13] The memo listed the following allegations against him:

:"'a. The detainee is a member of al Qaida::#The detainee has been identified as a bodyguard for Usama Bin Laden.

:"'b. The detainee supported military operations against the United States or its coalition partners.:#Detainee was the Amir at the "small mudafah in Kandahar.":#The mudafah in Kandahar billeted fighters pending further training or operational assignment.:#The mudafah was operated by the Operations and Logistics elements of al Qaida.

Transcript

According to his Combatant Status Review Tribunal Decision Cover Sheet Ali Ahmad Muhammad Al Rahizi did not chose to participate in his Combatant Status Review Tribunal, which convened on September 29 2004. cite web
url=http://wid.ap.org/documents/detainees/alialrezehi.pdf#7
title=Combatant Status Review Tribunal Decision Cover Sheet
date=September 29 2004
pages=page 7
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-01-14]

Conclusion

Ali Ahmad Muhammad Al Rahizi's Tribunal based its conclusion on classified evidence. [http://wid.ap.org/documents/detainees/alialrezehi.pdf#10 Unclassified Summary of basis for Tribunal decision] from pages 8-10 of Ali Ahmad Muhammad Al Rahizi's Combatant Status Review Tribunal - September 29 2004] His Tribunal unanimously concluded that he had properly been deternmined to have been an "enemy combatant".

Ali Ahmed Mohammed Al Rezehi v. George W. Bush

A writ of habeas corpus, Ali Ahmed Mohammed Al Rezehi v. George W. Bush, was submitted on Ali Ahmed Mohammed Al Rezehi's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#58
title=Ali Ahmed Mohammed Al Rezehi v. George W. Bush
date=14 October 2004
pages=pages 58-74
publisher=United States Department of Defense
accessdate=2008-01-14] In response, on 14 October 2004the Department of Defense released 26 pages of unclassified documents related to his Combatant Status Review Tribunal.

Earned mention in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, there was an anomaly in Al Rahizi's record.cite web
url=http://law.shu.edu/news/final_no_hearing_hearings_report.pdf
title=No-hearing hearings
page=17
author=Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner
publisher=Seton Hall University School of Law
accessdate=2007-04-02] Al Rahizi's Personal Representative met with him for twenty minutes on September 23 2004.Al Rahizi's Tribunal convened on September 28 2004, without Al Rahizi being present.

The study quoted from the Summary of the Basis for Tribunal Decision:quotation|"The detainee understood the Tribunal Proceedings, but chose not toparticipate . . . The Tribunal questioned the personalrepresentative closely on this matter and was satisfied that thepersonal representative had made every effort to ensure that thedetainee had made an informed decision."

The study then commented:quotation|"The Tribunal’s close questioning of the personal representative is problematic because the form the personal representative presented to the Tribunal stated that the hehad neither read nor left a written copy of the procedures with the detainee."

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 Rahizi 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#38 Factors for and against the continued detention (.pdf)] of Ali Ahmad Muhammad Al Rahizi "Administrative Review Board" - page 38]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Ali Ahmad Muhammad Al Rahizi's second annual Administrative Review Board, on 31 January 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#38
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Rahizi, Ali Ahmad Muhammad
date=31 January 2005
pages=pages 38-40
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-01-14] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#The detainee was the Amir at the "small mudafah in Kandahar.":#The mudafah in Kandahar billeted fighters pending further training or operational assignment.:#The mudafah was operated by the Operations and Logistics elements of al Qaida.:#The detainee met Ali al Adeni in a discussion group held at the Jama al Dawa mosque in Taaz, Yemen.:#Ali al Adeni was known for spreading support for jihad.:#The detainee gave his passport to Ali al Adeni, who returned his same passport to the detainee along with a Pakistani visa.:#The detainee is a Sunni Muslim and agrees with the Taliban government where the Islamic law codes are enforced.:#The detainee was captured on 15 December 2001, with thirty suspected al Qaida members.

:"'b. Training:#The detainee was identified at al Farouq in May 2000; he was in the Teknek group led by Hamza al Zubair.:#Hamza al Zubair was the primary liaison between Khalid Shaykh Muhammad and Hasan ba Attash al-Dini.

:"'c. Connections/Associations:#The detainee has been identified as a bodyguard for Usama Bin Laden.

The following primary factors favor release or transfer:

:

References