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Fahd Umr Abd Al Majid Al Sharif is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Al Sharif's Guantanamo Internment Serial Number was 215. The Department of Defense reports that Al Sharif was born on March 18, 1976, in Mecca, Saudi Arabia.
Captive 215 was identified inconsistently on official Department of Defense documents:
- Captive 215 was identified as Fahd Al Sharif on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 27 September 2004.
- Captive 215 was identified as Fahd Umr Abd Al Majid Al Sharif on the Summary of Evidence memos prepared for his first and second annual Administrative Review Board, on 31 October 2005 and 3 October 2006, and on seven official lists of captives' names published by the Department of Defense.
- Captive 215 was identified as Fahd Umar Abdulmajid Al Shareef on a court order arising from his writ of habeas corpus.
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.
Summary of Evidence memo
- a The detainee is a member of the Taliban and is associated with al Qaida:
- The detainee traveled from Saudi Arabia to Afghanistan in early 2001.
- The detainee voluntarily joined the Taliban to participate in Jihad.
- The detainee received training in Afghanistan on the operation of the AK-47 rifle, PK machine gun, and rocket propelled grenade launcher.
- The detainee was provided with an AK-47 and 7.62 mm PK.
- The detainee agreed to fight with the Taliban.
- The detainee met with and received money from Usama Bin Laden.
- The detainee's name was on a list of probable Al-Qaeda operatives.
- b. The detainee participated in military operations against the United States and its coalition partners.
Al Sharif chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order, the Department of Defense published a twelve page summarized transcript from his Combatant Status Review Tribunal.
Administrative Review Board
Captives whose CSRT labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.
First annual Administrative Review Board
A Summary of Evidence memo was prepared for Fahd Umr Abd Al Majid Al Sharif Administrative Review Board, on 31 October 2005. The four page memo listed thirty-one "primary factors favor[ing] continued detention" and six "primary factors favor[ing] release or transfer".
Among the allegations Al Sharif faced were:
- Al Sharif faced the allegation that his pocket litter included a Casio F91 watch.
- Al Sharif was alleged to have attended the al Farouq training camp.
- Al Sharif was alleged to have served as a policeman in Saudi Arabia before traveling to Afghanistan to teach the Koran.
- Al Sharif was alleged to have been pressed into service by the Taliban while traveling in rural Afghanistan as a Koran teacher.
- Al Sharif was alleged to have met, and received money, from Osama bin Laden.
- Al Sharif's name was alleged to have been on a "list of probably al Qaeda operatives".
- Al Sharif's name was alleged to have been found on a computer that was associated with Al Qaida and was seized during joint raids with other foreign agency [sic] services.
- Al Sharif was allegedly recognized as someone who had "provided administrative support at the guesthouse in Kandahar".
Captive 215 chose to participate in his Administrative Review Board hearing. In the Spring of 2006 the Department of Defense published a nineteen page summarized transcript from captive 215's first annual Board hearing. It also published an eight page memo, that contained point by point responses captive 215 prepared prior to his hearing.
Captive 215 acknowledged traveling to Afghanistan for Jihad. He acknowledged receiving military training in Afghanistan, and subsequently manning the Taliban's front line near the Gharband mountains. He acknowledged being present in Tora Bora during the American aerial bombardment.
Captive 215 clarified that his training at the Khalden training camp was a four month infantry course, not a six month course. He acknowledged telling his interrogators that Khalden offered more advanced training courses, but he clarified he had not been enrolled in those courses. He acknowledged briefly attending an infantry training session at the al Farouq training camp.
Captive 215 acknowledged owning a digital watch. He couldn't remember the model number, and had no idea whether it was a Casio F91W. He had no knowledge as two whether bomb-makers liked to build time-bombs around Casio F91W watchers, and asserted that he only used his watch to tell the time of day.
Captive 215 disputed meeting Osama bin Laden, or accepting money from him. He disputed ever having any contact with al Qaida. He disputed being a member of the Taliban. He was a volunteer who served on their front lines, not a member.
Captive 215 acknowledged that he had been ready to be a martyr. He tried to explain a distinction between being martyred through normal combat, and purposely putting one's self in jeopardy in order to seek martyrdom. He regarded the former as legitimate and the latter as illegitimate.
Captive 215 said that during the time he manned the Gharband front line, prior to 9-11, he didn't remember ever firing his weapon. He disputed ever being trained on, or firing anti-aircraft weapons. He disputed ever firing any rifles at US aircraft during the American aerial bombardment of Afghanistan.
Second annual Administrative Review Board
A Summary of Evidence memo was prepared for Fahd Umr Abd Al Majid Al Sharif's second annual Administrative Review Board, on 3 October 2006. The three page memo listed twenty primary factors favoring continued detention and one factor favoring release or transfer.
A writ of habeas corpus was filed on behalf of Guantanamo captives Fahd Umar Abdulmajid Al Shareef and Hani Saeed Mohammed Banan Al-Kalf Al-Gamdi before US District Court Judge Richard W. Roberts. Justice Roberts issued a protective order on their behalf.
In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives. The documents arising from Al-Shareef v. Bush were not among those the Bush administration has published.
On November 25, 2008 the Department of Defense published a list of when captives left Guantanamo. According to that list he was repatriated to Saudi custody on November 9, 2007, with thirteen other men. The records published from the captives' annual Administrative Reviews show his repatriation was not the outcome of the formal internal review procedures. The records show his detention was not reviewed in 2007.
- ↑ 1.0 1.1 list of prisoners (.pdf), United States Department of Defense, May 15, 2006
- ↑ 2.0 2.1 OARDEC (27 September 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Sharif, Fahd". United States Department of Defense. pp. pages 30-31. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#30. Retrieved 2008-03-14.
- ↑ 3.0 3.1 OARDEC (31 October 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Sharif, Fahd Umr Abd Al Majid". United States Department of Defense. pp. pages 56-59. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#56. Retrieved 2008-03-14.
- ↑ 4.0 4.1 OARDEC (3 October 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Sharif, Fahd Umr Abd Al Majid". United States Department of Defense. pp. pages 30-32. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#30. Retrieved 2008-03-14.
- ↑ OARDEC (April 20, 2006). "List of detainee who went through complete CSRT process" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (July 17, 2007). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (September 4, 2007). "Index for testimony" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (August 9, 2007). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (August 9, 2007). "Index of Transcripts and Certain Documents from ARB Round One" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (July 17, 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf. Retrieved 2007-09-29.
- ↑ 11.0 11.1 Richard W. Roberts (2006-12-08). "Fahd Umar Abdulmajid Al-Shareef v. George W. Bush -- Civil Action No. 05-cv-2458 (RWR)". United States Department of Justice. http://www.websupp.org/data/DDC/1:05-cv-02458-28-DDC.pdf. Retrieved 2008-12-10. mirror
- ↑ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror
- ↑ OARDEC (date redacted). [[[:Template:DoD detainees ARB]] "Summarized Statement"]. United States Department of Defense. pp. pages 13-24. Template:DoD detainees ARB. Retrieved 2008-03-14.
- ↑ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
- ↑ OARDEC (30 November 2005). "Summary of Administrative Review Board Proceedings for ISN 215". United States Department of Defense. pp. pages 198-228. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_5_20000-20254.pdf#198. Retrieved 2008-03-14.
- ↑ OARDEC (November 2005). "Detainee Written Responses to the Unclassified Summary of Evidence for the Administrative Review Board, in the case of Al Sharif, Fahd Umr Abd Al Majid". United States Department of Defense. pp. pages 34-45. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_17_22822-23051.pdf#34. Retrieved 2008-03-14.
- ↑ OARDEC (August 8, 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29.
- ↑ OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28.
- ↑ 19.0 19.1 OARDEC (July 17, 2007). "Index to Transfer and Release Decision for Guantanamo Detainees". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf. Retrieved 2007-09-29.
- ↑ 20.0 20.1 OARDEC (August 10, 2007). Index "Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Decision_Memos.pdf Index. Retrieved 2007-09-29.
- ↑ 21.0 21.1 "Index to Summaries of Detention-Release Factors for Administrative Review Boards (Round 3) Held at Guantanamo". United States Department of Defense. 2009-01-09. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB3FactorIndex8Jan09.pdf. Retrieved 2009-01-22.