Salem Abdul Salem Ghereby

Infobox WoT detainees
subject_name = Salem Abdul Salem Ghereby


image_size =
image_caption =
date_of_birth = Birth date|1961|3|1
place_of_birth = Zletan, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 189
group =
alias = * Radfat Muhammad Faqi Alji Saqqaf
* Salim Gherebi
* Fallen Gherebi
* Falen Gherebi
*"' Faren Gherebi
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Salem Abdul Salem Ghereby (born March 1 1961) "(also known as Salim Gherebi)" is a citizen of Libya 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
format=PDF] His Guantanamo detainee ID number is 189.
Joint Task Force Guantanamo counter-terrorism analysts reports that Gherebi was born on March 1 1961, in
Zletan, Saudi Arabia.

Identity

Captive 189 is identified inconsistenly on official Department of Defense documents:
*Captive 189 was identified as Salem Abdul Salem Ghereby on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal on 23 September 2004, on the Summary of Evidence memo prepared for his first annual Administrative Review Board, on 23 September 2005, and on six official lists of captives. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29
format=PDF] 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
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
title=Index of Summaries of Detention-Release Factors for ARB Round Two
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#98
title=Summary of Evidence for Combatant Status Review Tribunal -- Ghereby, Salem Abdul Salem
date=23 September 2004
author=OARDEC
pages=page 98
publisher=United States Department of Defense
accessdate=2007-12-05] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#23
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Ghereby, Salem Abdul Salem
date=23 September 2005
author=OARDEC
pages=pages 23-24
publisher=United States Department of Defense
accessdate=2007-12-05]
*Captive 189 was identified as Radfat Muhammad Faqi Alji Saqqaf on the Summary of Evidence memo prepared for his second annual Administrative Review Board, on 11 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#82
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Alji Saqqaf, Radfat Muhammad Faqi
date=11 September 2006
author=OARDEC
pages=pages 82-83
publisher=United States Department of Defense
accessdate=2007-12-07]

While Salem's name is listed in recent DoD documents as Salem Abdul Salem Ghereby, in earlier court rulings the DoD referred to him as Salim Gherebi, Fallen Gherebi, Falen Gherebi and Faren Gherebi.cite news
url=http://www.laweekly.com/ink/04/34/news-greene3.php
title=Bush Rebuke, Part Two: Detainees case moves from L.A. courts to Washington, D.C.
date= July 15, 2004
author=Robert Greene
accessdate=2007-02-22
publisher=LA Weekly news]

Access to US Civil Courts

Salem was the first Guantanamo captive to challenge whether he should have access to US Civil Courts.cite news
url=http://www.laweekly.com/news/new-world-disorder/frozen-in-guantnamo/10662/
title=Frozen in Guantánamo: The L.A. case for al Qaeda
author=Charles Rappleye
date= February 6, 2002
accessdate=2007-02-22
publisher=LA Weekly news] Human rights lawyer Stephen Yagman filed the appeal on Salem's behalf after being contacted by Salem's brother

Justice Matz ruled against Salim, but Matz's ruling was overturned on appeal, by the 9th US Circuit Court of Appeals, on December 18, 2003.cite news
publisher=San Diego Union-Tribune
title=Protecting rights after Guantnamo
author=Erwin Chemerinsky, Stephen Yagman
date=July 1, 2005
url=http://www.signonsandiego.com/uniontrib/20050701/news_lz1e1yagman.html
accessdate=2007-02-22]

On February 20 2007 two of the three judges on US Court of Appeals for the DC Circuit ruled that when the Military Commissions Actstripped the right to use habeas corpus from the Guantanamo captives retroactively, and that appeals, like Salim's, which were in process, were vacated.cite news
url=http://jurist.law.pitt.edu/paperchase/2007/02/federal-appeals-court-upholds-mca.php
date= February 20, 2007
publisher=The Jurist
title=Federal appeals court upholds MCA habeas-stripping provisions
author=Jeannie Shawl
accessdate=2007-02-22]

alim's legal representation

Salim's lawyer is Duke University professor Erwin Chemerinsky.cite news
url=http://www.newsobserver.com/719/story/545387.html
author=Josh White
title=New detainee law upheld
date= February 21, 2007
publisher=Washington Post] He handled Salim's writ of habeas corpus.

In 2002 Chemerinsky said he received death threats for his efforts on Gherebi's behalf:
*"“I’ve never done anything that’s gotten the quantity of hate mail this has gotten,”
*"“I just feel it’s so important for the United States to follow the law, We’re not seeking to aid the terrorists, but no matter how heinous their crimes are, we have to follow the law.”

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.

alem's Combatant Status Review Tribunal dossier

The Associated Press acquired the entire unclassified dossiers prepared for 58 of the Guantanamo captives' Combatant Status Review Tribunals, and made them available for public download. [http://wid.ap.org/documents/detainees/salemfalenghereby.pdf#1 Unclassified dossier (.pdf)] , prepared for Salem Abdul Salem Ghereby's "Combatant Status Review Tribunal" - September 27 2004 - page 12]

Unclassified Summary of basis for Tribunal decision

The "Unclassified Summary of basis for Tribunal decision" states Salem did not acknowledge his Personal Representative or his translator when they came to read his CSRT notice to him. [http://wid.ap.org/documents/detainees/salemfalenghereby.pdf#8 Unclassified Summary of basis for Tribunal decision (.pdf)] , from Salem Abdul Salem Ghereby's "Combatant Status Review Tribunal" - September 27 2004 - pages 8-10]

The document ended with::"Upon careful review of all the evidence presented in this matter, the Tribunal makes thefollowing determinations::"a. The detainee chose not to participate in the Tribunal proceeding. No evidence was produced that caused the Tribunal to question whether the detainee was mentally and physically capable of participating in the proceeding, had he wanted to do so. Accordingly, no medical or mental health evaluation was requested or deemed necessary.:"b. As indicated in Exhibit D-a, the detainee made a conscious decision not to acknowledge the Personal Representative’s invitation to participate in the Tribunal process. Instead, he chose to recite verses of the Koran during their entire meeting. Accordingly, the Tribunal finds the detainee made a knowing, intelligent and voluntary decision not to participate in the Tribunal process.:"c. The detainee is properly classified as an enemy combatant because he was part of or supporting A1 Qalda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.

Detainee Election Form

The Personal Representative recorded, on the "Detainee Election Form": [http://wid.ap.org/documents/detainees/salemfalenghereby.pdf#11 Unclassified Detainee Election Form (.pdf)] , from Salem Abdul Salem Ghereby's "Combatant Status Review Tribunal" - September 26 2004 - page 11] :"Detainee recited versus sic from the Koran during the entire interview, would not acknowledge the presence of either the PR or translator. When asked if he wanted to participate the PR took the lack of response as a negative."

ummary of Evidence

The allegations from the Summary of Evidence memo in Salem's dossier were cite web
url=http://wid.ap.org/documents/detainees/salemfalenghereby.pdf#13
title=Summary of Evidence for Combatant Status Review Tribunal -- Ghereby, Salem Abdul Salem
date=23 September 2004
author=OARDEC
pages=page 13
publisher=United States Department of Defense
accessdate=2007-12-06] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#98
title=Summary of Evidence for Combatant Status Review Tribunal -- Ghereby, Salem Abdul Salem
date=23 September 2004
author=OARDEC
pages=page 98
publisher=United States Department of Defense
accessdate=2007-12-05] ::""'a. Detainee is a member of al Qaida::#"The Detainee is a Libyan national who has, since 1992, traveled to numerous areas of conflict throughout the Middle East and Former USSR. He claims to have arrived in Afghanistan in 1995.:#"The Detainee lost most of the fingers of his right hand in an explosives accident while in Tajikistan in 1994.:#"The Detainee was an al Qaida operative in Kabul.:#"One of the Detainee’s aliases appeared on a list of individuals who reportedly trained at the al Qalda training camp at Jihad Wahl, Afghanistan in 1996.:#"The Detainee was captured by Pakistani Forces in November 2001 aider entering that country without documentation or authorization.

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 Salem Abdul Salem Ghereby's first annual Administrative Review Board, on 23 September 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#23
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Ghereby, Salem Abdul Salem
date=23 September 2005
author=OARDEC
pages=pages 23-24
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment::In 1989, the detainee traveled to Kabul, Afghanistan, after fighting the Russians sic in Tajikistan.

:"'b. Training:#The detainee had not been in the active duty military in Libya, but did have military training one hour per day for an unspecified amount of time.:#One of the detainee's aliases appeared on a list of individuals who reportedly trained at an al Qaida training camp at Jihad Wahl, Afghanistan in 1996.

:"'c. Connections/Associations:#The detainee was identified as a member of the Libyan Islamic Fighting Group (LIFG).:#Two senior al Qaida operatives identified the detainee.:#The detainee was an associate of a terrorist wanted by the United States.

:"'d. Other Relevant Data::Pakistani forces captured the detainee in November 2001.

The following primary factors favor release or transfer:

::The detainee denied any knowledge of the September 11th, 2001 attacks prior to their occurrence.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Radfat Muhammad Faqi Alji Saqqaf's first annualAdministrative Review Board, on 11 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#82
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Alji Saqqaf, Radfat Muhammad Faqi
date=11 September 2006
author=OARDEC
pages=pages 82-83
publisher=United States Department of Defense
accessdate=2007-12-07]

The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#An individual helped the detainee obtain a visa to Pakistan in 1992. The detainee then traveled to Islamabad, Pakistan and then to Peshawar, Pakistan and stayed at the Libyan Guest House.:#Fearing talks between the Libyan and Pakistan governments to deport all Libyan residents from Pakistan to Libya in 1993, the detainee went to refugee camps in Talokan, Afghanistan and Konduz, Afghanistan.

:"'b. Training:#The detainee was not in the active duty military but had military training one hour per day for an unspecified amount of time.:#The detainee attended the Jihad Wahl Camp near Khowst, Afghanistan in 1996.

:"'c. Connections/Associations:#The detainee was identified as a member of the Libyan Islamic Fighting Group by a senior al Qaida member.:#A Libyan Islamic Fighting Group member identified the detainee as part of a group who had returned to Pakistan from fighting the Russians in Tajikistan.:#The same Libyan Islamic Fighting Group member identified the detainee as a member of the Libyan Group.

The following primary factors favor release or transfer:

:

References