Ahmed Bin Saleh Bel Bacha

Infobox WoT detainees
subject_name = Ahmed Bin Saleh Bel Bacha

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date_of_birth = Birth date|1969|11|13
place_of_birth = Algiers, Algeria
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 290
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Ahmed Bin Saleh Bel Bachais a citizen of Algeria held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] His Guantanamo detainee ID number is 290.The Department of Defense reports that he was born on November 13 1969, in Algiers, Algeria.

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 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 Ahmed Bin Saleh Bel Bacha'sCombatant Status Review Tribunal, on
1 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#34
title=Summary of Evidence for Combatant Status Review Tribunal -- Bel Bacha, Ahmed Bin Saleh
date=1 October 2004
pages=pages 34-35
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] The memo listed the following allegations against him: :There is no record thatBacha participated in his Combatant Status Review Tribunal.

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.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 Ahmed Bin Saleh Bel Bacha'sfirst annualAdministrative Review Board, on
29 March 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001161-001234.pdf#5
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bel Bacha, Ahmed Bin Saleh
date=29 March 2005
pages=pages 5-6
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Training:#The detainee stayed at a Jalalabad guesthouse (aka the House of the Algerians), a staging point for Europeans and North Africans] traveling to and from training.:#While in Jalalabad, the detainee received training on small arms, the Kalashnikov rifle and Simonov machine gun.:#The detainee had previous weapons training from his time in the Algerian army.

:"'b. Connections/Associations:#The detainee traveled from Algeria to France to obtain a false French passport, which he used to travel to London. Once arriving in London the detainee went directly to the Finsbury Park Mosque.:#The detainee stated that his travel to Afghanistan via false passport was facilitated by the Finsbury Park Mosque.:#The detainee encountered Usama Bin Laden on two separate occasions.:#The detainee met and stayed with three al Qaida leaders while in Kabul and Jalalabad.

:"'c. Intent:#Detainee went to fight for jihad because he believes that it is every good Muslim's duty.:#Detainee admitted receiving training to become a jihad member around the world.

:"'d. Other Relevant Data:#The detainee stated that he attended prayer services and lectures conducted by Abu Hamza, Sheik of the Finsbury Park Mosque.:#Abu Hamzah sic is a fundamentalist who has lectured on "Jihad" and "martyrdom" and raised controversy with his speeches entitled "Call and Combat" after 11 September 2001.:#The detainee fled Jalalabad to the Afghan mountains as the coalition forces approached the city in November 2001.

The following primary factors favor release or transfer:

::The detainee indicated he did not want anything to do with the GIA (Armed Islamic Group) as they were terrorists and very bad people.

Transcript

A two page summarized transcript from the unclassified session of this hearing was published.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_1_395-584.pdf#81
title=Summary of Administrative Review Board Proceedings of ISN 290
date=date redacted
author=OARDEC
pages=pages 81-82
publisher=United States Department of Defense
accessdate=2008-04-25]

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Ahmed Bin Saleh Bel Bacha'sAdministrative Review Board, on 7 March 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_399-498.pdf#59
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bel Bacha, Ahmed Bin Saleh
date=7 March 2006
pages=pages 59-61
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-04-25] The memo listed factors for and against his continued detention.

Repatriation

US District Court Judge Rosemary Collyer turned down an "emergency motion" to repatriate a captive identified as "Ahmed Bel Bacha" to Algeria.cite news
url=http://www.pr-inside.com/guantanamo-detainee-fights-transfer-to-r187242.htm
publisher=PR inside
title=Guantanamo detainee fights transfer to native Algeria, citing torture fears
date=July 28 2007
accessdate=2007-07-29]
Zachary KatznelsonAhmed Bel Bacha's lawyer, asserted that the USA could not trust any assurances from the Algerian government that they would not subject him to cruel or inhumane treatment.

Katznelson stated that Ahmed Bel Bacha was unjustly accused.

References