Sharif Fati Ali Al Mishad

Sharif Fati Ali Al Mishadis a citizen of Egypt held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners] , "US Department of Defense", May 15 2006] His Guantanamo Internee Security Number is 190.
Joint Task Force Guantanamo analysts report he was born on December 14 1976, in Shabin El Kom, Egypt.

Identity

Captive 190 was identified inconsistently on official Department of Defense documents:
*Captive 190 was identified as Sharif Fati Ali Al Mishad on the Summary of Evidence memo presented to his Tribunal on December 8 2004, on the Summary of Evidence memo prepared for Sharif Fati Ali Al Mishad's first annual Board hearing on October 5 2005, and on six official lists of captives' names.cite web
url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
title=List of detainee who went through complete CSRT process
author=OARDEC
publisher=United States Department of Defense
date=April 20 2006
accessdate=2007-09-29] 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] 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] 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] 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] 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] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#99
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali
publisher=United States Department of Defense
author=OARDEC
date=August 8 2004
pages=pages 99-100
accessdate=2007-10-06] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#25
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mishad, Sharif Fata Ali
publisher=United States Department of Defense
author=OARDEC
date=October 5 2005
pages=pages 25-27
accessdate=2007-10-06]
*Captive 190 was identified as Sharif Fathim Al Mushad on documents released in response to his habeas corpus petition on 16 August 2005, and on the Summary of Evidence memo was prepared for his second annual Administrative Review Board, on 13 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1089-1165.pdf#46
pages=pages 46-62
title=Sharif Fathim Al Mushad v. George Walker Bush
publisher=United States Department of Defense
date=16 August 2005
accessdate=2007-12-12] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#84
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mushad, Sharif Fathim
date=13 September 2006
author=OARDEC
pages=pages 84-87
publisher=United States Department of Defense
accessdate=2007-12-12]

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.

Allegations

The Summary of Evidence memo presented to Sharif Fati Ali Al Mishad'sTribunal, on December 8 2004, listed the following allegationscite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1089-1165.pdf#58
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali
publisher=United States Department of Defense
author=OARDEC
date=December 8 2004
pages=pages 58-59
accessdate=2007-10-06] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#99
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali
publisher=United States Department of Defense
author=OARDEC
date=August 8 2004
pages=pages 99-100
accessdate=2007-10-06] :
*""' The detainee is associated with the Taliban and/or al Qaida::#"The detainee traveled to Afghanistan from Italy via Iran in July 2001.:#"The detainee stayed in Wazir Akbar Khan neighborhood in Kabul, Afghanistan.:#"The detainee stayed at a Taliban safe house.:#"The detainee received an AK-47 and bullets from the Taliban.:#"The Taliban provided the detainee's transportation to the front lines.:#"The detainee reproduced videos of the USS COLE bombing and sold them in Afghanistan.:#"The detainee met, traveled with, and was arrested with a senior al Qaida operative.:#"The detainee allegedly interrogated and tortured an accused spy in Afghanistan.:#"The detainee allegedly provided training in urban warfare in Khost, Afghanistan.:#"The detainee's alias matches that of a well-known representative for Arab fighters at an Arab guest house in Bosnia who were to receive weapons training at an Islamic extremist training camp.

Detainee election form

The Personal Representative's comment section of the Detainee election form statedcite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1089-1165.pdf#56
title=Detainee election form
publisher=United States Department of Defense
author=OARDEC
date=December 11 2004
pages=pages 56-57
accessdate=2007-10-06] :

harif Fathim Al Mushad v. George Walker Bush

A writ of habeas corpus was submitted on Sharif Fathim Al Mushad's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1089-1165.pdf#46
pages=pages 46-62
title=Sharif Fathim Al Mushad v. George Walker Bush
publisher=United States Department of Defense
date=16 August 2005
accessdate=2007-12-09] In response, on 16 August 2005 the Department of Defense released 17 pages of unclassified documents related to is Combatant Status Review Tribunal.

On December 15 2004 Tribunal panel 25 confirmed that he was an "enemy combatant".

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 Sharif Fati Ali Al Mishad's first annualBoard hearing on October 5 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#25
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mishad, Sharif Fata Ali
publisher=United States Department of Defense
author=OARDEC
date=October 5 2005
pages=pages 25-27
accessdate=2007-10-06]

Transcript

There is no record that Sharif Fati Ali Al Mishad participated in his Administrative Review Board hearing.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Sharif Fathim Al Mushad's second annual Administrative Review Board, on 13 September 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#84
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mushad, Sharif Fathim
date=13 September 2006
author=OARDEC
pages=pages 84-87
publisher=United States Department of Defense
accessdate=2007-12-12] The memo listed factors for and against his continued detention.

Transcript

There is no record that Sharif Fathim Al Mushad participated in his Administrative Review Board hearing.

References