Ala Abdel Maqsud Muhammad Salim

Ala Abdel Maqsud Muhammad Salim is a citizen of Egypt held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.Although Salim's presence in Guantanamo is verified by Civil Action 1:05-CV-270, he was not named in the "full" list of detainees the Department of Defense released on May 15 2006. [http://justicescholars.org/pegc/archive/El-Mashad_v_Bush/status_rpt_20060117.pdf Civil Action 1:05-CV-270: petitioners' status conference report and supplemental memorandum (.pdf)] , "Department of Justice", January 17 2006] [http://justicescholars.org/pegc/archive/El-Mashad_v_Bush/resp_notice_20060123.pdf Civil Action 1:05-CV-270: Respondents' notice of changed circumstances, withdrawal of motion, and supplemental memorandum (.pdf)] , "Department of Justice", January 23 2006] [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]

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.

Because the Department of Defense failed to list Salim's name on the official lists of detainees it is unclear whether he participated in his Combatant Status Review Tribunal.

Determined not to have been an Enemy Combatant

The Washington Post reports that Salim 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 Salim has not been released.The Department of Defense refers to these men as No Longer Enemy Combatants.

Salim filed requests not to be repatriated to Egypt because he had been imprisoned and tortured there. [http://justicescholars.org/pegc/archive/El-Mashad_v_Bush/status_rpt_20060117.pdf Civil Action 1:05-CV-270: petitioners' status conference report and supplemental memorandum (.pdf)] , "Department of Justice", January 17 2006] [http://justicescholars.org/pegc/archive/El-Mashad_v_Bush/resp_notice_20060123.pdf Civil Action 1:05-CV-270: Respondents' notice of changed circumstances, withdrawal of motion, and supplemental memorandum (.pdf)] , "Department of Justice", January 23 2006] [http://web.amnesty.org/library/Index/ENGAMR510972006 United States of America Ending Guantánamo Bay detentions] , "Amnesty International", June 23 2006]

Release

Three of the remaining Guantanamo captives who were determined not to have been enemy combatants were released to Albania in November 2006. [http://english.people.com.cn/200611/19/eng20061119_323068.html Albania to take over released Guantanamo detainees] , "People's Daily", November 19 2006] [http://www.iht.com/articles/ap/2006/11/18/europe/EU_GEN_Albania_US_Guantanamo.php Albania confirms it will shelter 3 released Guantanamo detainees] , "International Herald Tribune", November 18 2006] [http://www.iht.com/articles/ap/2006/11/20/europe/EU_GEN_Albania_US_Guantanamo.php 3 released Guantanamo detainees arrive in Albania] , "International Herald Tribune", November 20 2006] The men were not identified, other than by nationality. One of the released men was an Egyptian. The Washington Post list of 30 of the 38 men who were determined not to have been enemy combatants listed two Egyptians, Salim, and Sami Al Laithi. Al Laithi was confirmed to have been repatriated on October 5 2005.They were reported to have been the last of the men classified as "no longer enemy combatants to have remained in custody.

References