Maji Afas Radhi Al Shimri

Maji Afas Radhi Al Shimri
Maji Afas Radhi Al Shimri
Born May 1, 1974(1974-05-01)
Kharj, Saudi Arabia
Detained at Guantanamo
ISN 181
Charge(s) No charge (held in extrajudicial detention)
Status Repatriated

Maji Afas Radhi Al Shimri is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 181. Joint Task Force Guantanamo counter-terrorism analysts report he was born on May 1, 1974, in Kharj, Saudi Arabia.

Maji Afas Radhi al Shimri was transferred to Saudi Arabia on Nov. 4, 2005.[2]

Contents

Combatant Status Review

A Summary of Evidence memo was prepared for his tribunal. The memo accused him of the following:[3]

a. The detainee is associated with the Taliban and al Qaida:
  1. The detainee traveled from Saudi Arabia to Afghanistan via Jordan and Iran circa 2000.
  2. The detainee received training at the al Farouq camp in light arms; topography; urban warfare; grenades; flares, and land mines.
  3. The detainee received training at the Derunta Camp on the PK machine gun; AK-47; Mowuse; RPG 2; RPG 7; a shrapnel type grenade launcher, and the DOSHKA anti-aircraft gun.
b. The detainee participated in military operations against the United States and its coalition partners:
  1. The detainee carried an AK-47 on the battlefield.
  2. The detainee served on the front lines in the vicinity of Shakardara.
  3. The detainee participated in the battle of Tora Bora.
  4. The detainee retreated to Pakistan where he surrendered to Pakistani authorities.

Unclassified summary of basis for Tribunal decision

The Unclassified summary of basis for Tribunal decision, released as a consequence of Maji Afas Radhi Al Shimri v. George Walker Bush, contained a report that Maji Afas Radhi Al Shimri acknowledged that he matched the definition of "enemy combatant"[4] Unclassified summary of basis for Tribunal decision 106-108

The most significant piece of unclassified evidence the Tribunal had to consider was exhibit D-a presented by the Personal Representative (PR). The PR read the definition of an Enemy COmbatant in Reference (b) to the detainee. The detainee told the (PR) he was an Enemy Combatant based on the definition. The detainee also said he hed no relationship with al Qaida.

Detainee election form

His Personal Representative's Detainee election form reports that he Personal Representative met with him for forty minute on November 3, 2004. The box for "Affirmatively Declines to Participate in Tribunal" was checked.

The Personal Representative recorded:

Detaine #### was briefed on the CSRT process and he affirmatively elected to not participate in his Tribunal. The detainee was respectful and courteous but he was distrustful of the CSRT process. When I explained the definition of Enemy Combatant to #### he admitted to me that under that definition, he was an Enemy Combatant and if he went to the Tribunal he would tell them so. However, he wanted to make clear that he had not relationship with Al Qaida. He said that he went to the ########## camp (in the year 2000) but did not know that it was associated with Al Qaida and that after Sep '01 he did not go to any camps. He stated that he did not carry an AK47 on the battlefield and that he did not fight in Tora Bora although he was there and that he did not have any weapons when he surrendered to the Pakistani authorities. He stated that he had no animosity toward Americans and that he had fought alongside the Allies during the Persian Gulf War when he was in the Saudi army fighting for Kuwaiti freedom. After the war, he joined the Kuwaiti army and stayed there for eight years. He went to Afghanistan because it was cheaper to live there than Kuwait.

Maji Afas Radhi Al Shimri v. George Walker Bush

A writ of habeas corpus was submitted on Maji Afas Radhi Al Shimri's behalf.[5] In response, on 12 May 2005 the Department of Defense released 15 pages of unclassified documents related to is Combatant Status Review Tribunal.

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee may pose if released or transferred, and whether there are other factors that warrant his continued detention.[6] In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.[7][8] There was no record that an ARB had been convened to review his detention.

References

  1. ^ OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. ^ "Maji Afas Radhi al Shimri - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/181-maji-afas-radhi-al-shimri. 
  3. ^ OARDEC (19 October 2004). "Summary of Evidence for Combatant Status Review Tribunal - Al Shimri, Maji Afas Radhi". United States Department of Defense. pp. page 86. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#86. Retrieved 2007-12-07. 
  4. ^ "Unclassified summary of basis for Tribunal decision". United States Department of Defense. 8 November 2004. pp. pages 98–112. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_977-1088.pdf#107. Retrieved 2007-12-07. 
  5. ^ "Maji Afas Radhi Al Shimri v. George Walker Bush". United States Department of Defense. 12 May 2005. pp. pages 98–112. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_977-1088.pdf#98. Retrieved 2007-12-07. 
  6. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902. Retrieved November 12, 2010. 
  7. ^ OARDEC, Index to Summaries of Detention-Release Factors for ARB Round One, August 9, 2007
  8. ^ OARDEC, Index of Summaries of Detention-Release Factors for ARB Round Two, July 17, 2007

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