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Subsequently the [[Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]]. |
Subsequently the [[Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]]. |
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Ismail chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtIsmail>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_53_3870-3959.pdf Summarized transcripts (.pdf)], from |
Ismail chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtIsmail>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_53_3870-3959.pdf Summarized transcripts (.pdf)], from Yasin Qasem Muhammad Ismail's ''[[Combatant Status Review Tribunal]]'' - pages 84-89</ref> |
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===allegations=== |
===allegations=== |
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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. |
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. |
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Ismail chose to participate in his Administrative Review Board hearing.<ref name=ArbIsmail>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_18_23052-23263.pdf Summarized transcript (.pdf)], from |
Ismail chose to participate in his Administrative Review Board hearing.<ref name=ArbIsmail>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_18_23052-23263.pdf Summarized transcript (.pdf)], from Yasin Qasem Muhammad Ismail's ''[[Administrative Review Board]] hearing'' - page 108</ref> |
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==References== |
==References== |
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Revision as of 00:46, 24 June 2006
Yasin Qasem Muhammad Ismail is a Yemeni in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His Guantanamo detainee ID number is 522.[2]
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.
Ismail chose to participate in his Combatant Status Review Tribunal.[1]
allegations
The allegations against Ismail were:
- a. The detainee is associated with al Qaida:
- The detainee stated that he observed Usama Bin Laden on three separate occasions.
- The detainee stated that he lived in the “Azam Afwan” guest house in the Wazir Akbar Khan area of Kabul during 11 September 2001 and that the cooks were all al Qaida.
- Detainee lived at “Najm (Ejm) al Jihad” guest house in Jalalabad, AF when Usama Bin Laden visited the guest house during the 1st week of the U.S. bombing campaign in AF.
- The detainee attended the Camp Farouq and the Malek training camp were <!– (sic) –> he received training on the kalashnikov rifle, rocket propelled grenades, PK machine gun, mountain fighting and tactics, anti-aircraft weapons, heavy artillery, surface-to-air missiles, topography, and explosives during late spring 2000.
- The detainee was captured in Tora Bora.
testimony
Ismail’s first statement to his Tribunal was “I will talk with you as long as you guarantee me there will be no torture.” Ismail said his prior confessions were lies - just to get the torture to stop.
He denied all the allegations against him.
He said he traveled to Afghanistan because it was the only place he could travel where he didn’t need a visa first, and staying there would be cheap. He said he had wanted to get married, but his marraige was not approved, and he wanted to get away to get over the emotional impact of his disappointment – hence Afghanistan.
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.
Ismail chose to participate in his Administrative Review Board hearing.[3]
References
- ^ a b documents (.pdf), Yasin Qasem Muhammad Ismail Combatant Status Review Tribunal Cite error: The named reference "CsrtIsmail" was defined multiple times with different content (see the help page).
- ^ list of prisoners (.pdf), US Department of Defense, April 20 2006
- ^ Summarized transcript (.pdf), from Yasin Qasem Muhammad Ismail's Administrative Review Board hearing - page 108