Abdel al-Mudhaffari

Infobox WoT detainees
subject_name = Abdel Qadir Hussein Al Mudhaffari

---

image_size =
image_caption =
date_of_birth = Birth year and age|1976
place_of_birth = Al Bayda, Yemen
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 40
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Abdel Qadir Hussein Al Mudhaffari is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detention 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] His Guantanamo Internee Security Number is 40.
Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1976 in Bayla, Yemen.

Background

American intelligence analysts assert Abdulqadir was one of Osama bin Laden's bodyguard.American intelligence analysts assert he was a weapon's trainer at al Qaeda's Al Farouq training camp.

Abdulqadir had a habeas corpus petition submitted on his behalf in 2005.

__TOC__

Identity

Captive 40 was identified inconsistently on official Department of Defense documents:
*Captive 40 was identified as Abdel Qadir Husayn Al Mudhaffari on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 20 October 2004, and on the notes of his first Personal Representative.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#44
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Mudhaffari, Abdel Qadir Husayn
date=20 October 2004
author=OARDEC
pages=page 44
publisher=United States Department of Defense
accessdate=2007-12-03] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#10
pages=page 10-11
title=Detainee election form (ISN 40)
publisher=United States Department of Defense
date=3 November 2004
accessdate=2007-12-03]
*Captive 40 was identified as Abdel Qader Hussein Al Mudhaffari on the Summary of Evidence memo prepared for his first annual Administrative Review Board, on 25 October 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000001-000098.pdf#48
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdel Qader Hussein
date=25 October 2005
author=OARDEC
pages=pages 48-50
publisher=United States Department of Defense
accessdate=2007-12-03]
*Captive 40 was identified as Abdelqadir al Mudhaffari on the declaration drafted by Teresa A. McPalmer when documents prepared for his CSR Tribunal were published in response to his habeas corpus petition on 22 December 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#1
pages=pages 1-23
title=Abdelqadir Al Mudhaffari v. George W. Bush
publisher=United States Department of Defense
date=22 December 2005
accessdate=2007-12-03]
*Captive 40 was identified as Abdelqader H. Al Mudhaffari on the Summary of Evidence memo prepared for his second annual Administrative Review Board, on 26 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_1-99.pdf#69
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdelqader H.
date=26 September 2006 26 September 2006
author=OARDEC
pages=pages 69-70
publisher=United States Department of Defense
accessdate=2007-12-03]

Combatant Status Review Tribunal

Initially the Bush Presidency asserted they could withhold the protections of the Geneva Conventions from captives in the war on terror, while critics argued that the United States had an obligation to conduct competent tribunals to determine the status of prisoners. Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Approximately two-thirds of prisoners chose to participate in their tribunals. [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
title=Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005
author=OARDEC
publisher=United States Department of Defense
date=September 4 2007
accessdate=2007-09-29] There is no record that Abdel Qadir Hussein Al Mudhaffari chose to participate in his Combatant Status Review Tribunal.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Abdel Qadir Husayn Al Mudhaffari'sCombatant Status Review Tribunal, on 20 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#44
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Mudhaffari, Abdel Qadir Husayn
date=20 October 2004
author=OARDEC
pages=page 44
publisher=United States Department of Defense
accessdate=2007-12-03] The memo listed the following allegations against him:

:

Abdelqadir Al Mudhaffari v. George W. Bush

US District Court Judge James Robertson considered a writ of habeas corpus filed on his behalf on November 7 2005.cite web
url=http://dockets.justia.com/docket/court-dcdce/case_no-1:2005cv02185/case_id-117757/
title=AL-MUDAFARI et al v. BUSH et al -- Case Number: 1:2005cv02185
publisher=US District Court Washington DC
date=November 7, 2005
accessdate=2008-05-13
quote=] In response, on 22 December 2005the Department of Defense released 23 pages of unclassified documents related to his Combatant Status Review Tribunal.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#1
pages=pages 1-23
title=Abdelqadir Al Mudhaffari v. George W. Bush
publisher=United States Department of Defense
date=22 December 2005
accessdate=2007-12-03] Tribunal panel 18 confirmed his enemy combatant status on 9 November 2004.Tribunal panel 18 did not convene in Guantanamo. The Department of Defense did not offeran explanation as to why his Tribunal did not meet in Guantanamo.This habeas submission was assigned docket number 05-2185. In various official documents this case was referred to as:
*Al-Mudafari v. Bush
*Abdelqadir Al Mudhaffari v. George W. Bush
*Mudafari v. Bushcite web
url=http://www.scotusblog.com/movabletype/archives/Notice%20re%20Hamdan.pdf
title=Notice: re Hamdan v. Rumsfeld
publisher=United States Department of Justice
date=July 7 2006
accessdate=2008-05-13
quote=]

The Personal Representative who met with himin Guantanamo on November 3 2004 did not present his case to Tribunal panel 18 when it convened in Washington DC on November 9 2004.The USAF Major who was firstappointed to be his first Personal Representative met with him on 3 November 2004 for half an hour.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#10
pages=page 10-11
title=Detainee election form (ISN 40)
publisher=United States Department of Defense
date=3 November 2004
accessdate=2007-12-03] The notes on his Detainee election form state::

The package contains five memos from the FBI's representatives in Guantanamo explaining that they would only release copies of their documents that had been redacted to remove national security sensitive material.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_370-443.pdf#13
pages=pages 13-20
title=Request for redaction of national security information
publisher=United States Department of Defense
date=
accessdate=2007-12-03] The five memos were dated October 21 2004;
November 8 2004;
November 9 2004;
January 21 2005; and
January 21 2005.Although the national security material had been redacted by the FBI, before the documents were provided to OARDEC the Recorder for Abdul Qadir's Tribunal still marked the FBI document as "classified", and so the documents were not made available to him to review.

The documents in Abdulqadir's habeas package do not record why the FBI provided newly redacted documents to his Tribunal panel in January 2005, when the record states his panel reached its conclusion in November 2004.

Following a widespread uprising on guards by captives in Guantanamo camp 4, on May 18 2006, camp authorities seized all the captives personal items, including their copies of their habeas petitions. On July 7 2006 the Department of Justice filed a motion explaining the seizure of Abdelqadir's copies of his legal documents, and those of all the other captives. The motion described the documents being secured by the Naval Criminal Investigative Service.

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 Abdel Qader Hussein Al Mudhaffari'sfirst annual Administrative Review Board, on 25 October 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000001-000098.pdf#48
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdel Qader Hussein
date=25 October 2005
author=OARDEC
pages=pages 48-50
publisher=United States Department of Defense
accessdate=2007-12-03] The three page memo listed thirteen "primary factors favor continued detention" andsix "primary factors favor release or transfer".Those factors included:
*an allegation that he had studied under Sheik Muqbil al Wadi, a cleric who was "a supporter of the Taliban and jihad";
*an allegation that he had been sent for training at the al Qaeda's al Farouq training camp, and eventually became a trainer there;
*an allegation that he had been seen in Mullah Omar's compound in 2000;
*an allegation that he was a "close associate" of Osama bin Laden, and one of his bodyguards;
*a report that other captives did not believe he had fought on the front lines;
*a report that he stated he disapproved of the attack on the World Trade Center because Islam does not permit attacking civilians;
*a report that he stated he had no association with the Taliban or al Qaeda, and that he had not been recruited to fight in Afghanistan, and had never engaged in hostilities.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdelqader H. Al Mudhaffari'ssecond annualAdministrative Review Board, on 26 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_1-99.pdf#69
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdelqader H.
date=26 September 2006 26 September 2006
author=OARDEC
pages=pages 69-70
publisher=United States Department of Defense
accessdate=2007-12-03] The two page memo listed fourteen "primary factors favor continued detention" and five "primary factors favor release or transfer". New factors, not presented on the Summary of Evidence memo prepared in 2005 included:
*a report that he traveled to Afghanistan to teach the Koran;
*a report that he had known Osama bin Laden's personal secretary in Yemen, and that they were good friends;
*an allegation that he had "assisted Mujahedin with travel to Afghanistan".
*an allegation that he traveled to Afghanistan in late 1999 or early 2000 -- not February 2001 as was asserted in the 2004 Summary of Evidence memo.
*a report that he stated he had no knowledge of any plans for attacks on the USA or US interests.

References