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Salah Muhammad Salih Al Dhabi is held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba. His Guantanamo Internment Serial Number is 572. Intelligence officials estimate he was born in 1972, in Mecca, Saudi Arabia.
As of December 10, 2009, Slah Muhamed Salih al Zabe has been held at Guantanamo for seven years seven months.
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.
There is no record that Al Dhabi chose to participate in 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.
The factors for and against continuing to detain Al Dhabi were among the 121 that the Department of Defense released on March 3, 2006.
The following primary factors favor continued detention
- a. Commitment
- The detainee voluntaril traveled from Yemen to Afghanistan.
- The detainee conceded that if a Fatwa was issued against the United States by a recognized learned religious leader he would be compelled to follow the Fatwa.
- b. Training
- The detainee admitted he trained at the Al-Sadeeq training camp near Khost, Afghanistan.
- At the Al-Sadeeq training camp, the detainee trained on the AK-47, BEKA, RPG’s and physical training.
- c. Connections/Associations
- While traveling to the Al-Sadeeq training camp, the detainee stayed at the Taliban-run Madafa guesthouse.
- The detainee was associated with a suspected Taliban Facilitator.
- d. Intent
- During the conflict following 9-11 the detainee carried an AK-47 in Afghanistan along with a magazine of ammunition.
- The detainee was smuggled out of Afghanistan into Pakistan where he was arrested by Pakistani Police.
The following primary factors favor release of transfer
- The detainee left the training camp before completing training.
- The detainee stated that he was not a Taliban fighter.
- The detainee stated that he did not use a weapon against the United States or any of its coalition partners in any armed conflict.
- The detainee stated that his trip to Afghanistan was done long before any events in the United States occurred.
- ↑ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ↑ http://projects.nytimes.com/guantanamo/detainees/572-slah-muhamed-salih-al-zabe
- ↑ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
- ↑ [[[:Template:DoD detainees ARB]] Factors for and against the continued detention (.pdf)] of Salah Muhammad Salih Al Dhabi Administrative Review Board - page 22
|This page uses content from the English Wikisource. The original article was at Salah Muhammad Salih Al Dhabi. 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.|