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Jamil Ali Al Kabi is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 216. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1973, in Mecca, Saudi Arabia. Jamil Ali al Kabi was repatriated without charges on December 28, 2007.
Combatant Status Review Tribunal
Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.
Summary of Evidence memo
- The detainee is associated with al Qaida:
- The detainee traveled to Afghanistan from Saudi Arabia via Indonesia, Malaysia, and Pakistan.
- The detainee lived in Da'wa el Tabligh mosques in Indonesia, Malaysia and Pakistan.
- Al Da'wa el Tabligh is most likely identifiable with Jamaat Al Tabligh, a Pakistan based Islamic missionary organization that is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
- The detainee appears to have turned himself in to Pakistani authorities.
- The detainee admitted living and working with Luqman in Indonesia.
- Luqman is an alias of a senior al Qaida facilitator.
- The detainee was captured with seven passport-size photographs.
- One of the variants of the detainee's name was recovered from computer floppy disks obtained during a raid on an al Qaida-associated safehouse in Pakistan.
- One of the variants of the detainee's name and the contents of his trust account was recovered from computer media obtained during a raid on an al-Qaida associated safe house in Pakistan.
There is no record that Jamil Ali Al Kabi participated in his Combatant Status Review Tribunal.
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
The following primary factors favor continued detention
- a. Commitment
- b. Connections/Associations
- The detainee admitted living and working with Luqman in Indonesia.
- Luqman is an al Qaida Senior Facilitator who was arrested on 04 October 2002. Luqman had been the number one target inside of Saudi Arabia for several months and had been the subject of a massive manhunt.
- One of the variants of the detainee's name was recovered from computer floppy disks obtained during a raid on a suspected al Qaida-associated safe house in Pakistan.
- One of the variants of the detainee's name and the contents of his trust account was recovered from computer media obtained during a raid on an al Qaida associated safe house in Pakistan.
- c. Other Relevant Data
- While in Kabul, Afghanistan, the detainee was told that the Northern Alliance Forces were advancing and would be soon arriving in Kabul. The detainee and his companions decided to leave. They moved to a village outside of Jalalabad and after a month's time, paid a guide to take them over the border into Pakistan.
- The detainee turned himself into the Pakistan Police and was turned over to United States Forces.
- The detainee was captured with seven passport size photographs.
The following primary factors favor release or transfer
- a. The detainee appeared truthful when he claimed that he believed that the Pakistan Police would help him find the Saudi Arabian Embassy in Pakistan.
- b. The detainee claimed to have had no contact with the Taliban or al Qaida and denied membership in either organization.
- c. The detainee stated that he was never recruited to fight with the Taliban or al Qaida and has never heard of a fatwa issued in Saudi Arabia or anywhere else against the United States or its citizens.
- d. The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11th, 2001 and denied knowledge of any rumors of plans of future attacks on the United States or it's [sic] interests.
- e. The detainee states if he was to be released, he would return to his home.
Second annual Administrative Review Board
|This page uses content from the English Wikisource. The original article was at Jamil Ali Al Kabi. The list of authors can be seen in the page history. As with the Religion wiki, the text of Wikisource is available under the CC-BY-SA.|
A Summary of Evidence memo was prepared for Jamil Ali Al Kabi's second annual Administrative Review Board, on 31 August 2006. The memo listed 19 factors favoring continued detention under the heading "commitment", 3 factors favoring detention under the heading "Other Relevant Data", and six factors favoring release or transfer.
Repatriated on December 29, 2007
On January 9, 2009 the Department of Defense published the records for the third set of Administrative Review Board hearings, conducted in 2007 and early 2008. According to those records no review was scheduled for Al Kabi in 2007. According to the records of the 2005 and 2006 Board hearings, those boards had not recommended his repatriation. Al Kabi was repatriated in spite of the Office for the Administrative Review of Detained Enemy Combatants recommending his continued detention in US custody.
- ↑ OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- ↑ "Jamil Ali al Kabi – The Guantánamo Docket". The New York Times (The New York Times Company). http://projects.nytimes.com/guantanamo/detainees/216-jamil-ali-al-kabi. Retrieved 9 January 2010.
- ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ↑ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22.
- ↑ OARDEC (16 November 2004). "Summary of Evidence for Combatant Status Review Tribunal - Al Kabi, Jamil Ali". United States Department of Defense. pp. pages 32-33. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#32. Retrieved 2007-12-19.
- ↑ Spc Timothy Book (Friday March 10, 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. pg 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10.
- ↑ OARDEC (13 October 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Kabi, Jamil Ali". United States Department of Defense. pp. pages 60-61. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#60. Retrieved 2007-12-29.
- ↑ OARDEC (31 August 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Kabi, Jamil Ali". United States Department of Defense. pp. pages 33-36. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_299-398.pdf#33. Retrieved 2007-12-19.
- ↑ P.K. Abdul Ghafour (December 29, 2007). "10 More Return From Guantanamo". Arab News. http://www.arabnews.com/?page=1§ion=0&article=105116&d=30&m=12&y=2007&pix=kingdom.jpg&category=Kingdom. Retrieved 2007-12-29.
- ↑ "Detainee Transfer Announced". United States Department of Defense. December 28, 2007. http://www.defenselink.mil/releases/release.aspx?releaseid=11591. Retrieved 2008-01-29.
- ↑ Lin Noueihed (December 29, 2007). "Ten Saudis return home from Guantanamo Bay prison". Reuters. http://www.reuters.com/articlePrint?articleId=USL292768820071229. Retrieved 2008-01-29.
- ↑ 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.
- ↑ "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.
- ↑ 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.
- ↑ 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.