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#REDIRECT ] |
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{{Cleanup-rewrite|date=April 2010}} |
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{{USgovtPOV|date=April 2010}} |
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{{Lead too short|date=April 2010}} |
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{{Infobox WoT detainees |
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| subject_name = Mammar Ameur |
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| image_name = |
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| image_size = |
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| image_caption = | date_of_birth = {{Birth date|1958|12|01}} |
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| place_of_birth = ] |
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| date_of_arrest = |
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| place_of_arrest= | arresting_authority= |
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| date_of_release = | place_of_release= |
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| date_of_death = | place_of_death = |
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| citizenship = | detained_at = ] |
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| id_number = 939 |
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| group = |
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| alias = |
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| charge = No charge (held in ]) |
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| penalty = |
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| status = Transferred to Algeria |
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| csrt_summary = |
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| csrt_transcript= |
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| occupation = | spouse = | parents = | children = |
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}} |
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'''Mammar Ameur''' is a citizen of ] who was held in ] in the ] ]s, in ].<ref name=DoDList2> |
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{{Cite web |
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| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf |
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| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 |
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| author=] |
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| publisher=] |
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| date=May 15, 2006 |
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| accessdate=2007-09-29 |
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|format=PDF}}</ref> |
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His Guantanamo ] was 939. |
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The ] reports that Ameur was born on December 1, 1958, in ]. |
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==Combatant Status Review Tribunal== |
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]s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.<ref name=FinancialTimes041211>, '']'', December 11, 2004</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306> |
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{{Cite web |
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| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902 |
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| title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials |
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| publisher=] |
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| date=March 6, 2007 |
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| accessdate=2007-09-22 |
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}}</ref>]] |
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Initially the Bush administration asserted that they could withhold all the protections of the ] to captives from ]. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct ]s to determine whether captives are, or are not, entitled to the protections of ] status. |
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Subsequently the ] instituted the ]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 ]. |
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===Summary of Evidence memo=== |
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A ] was prepared for |
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Mammar Ameur's |
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Combatant Status Review Tribunal, |
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on 26 October 2004.<ref name=CsrtSummaryOfEvidenceMammarAmeur> |
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{{Cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#68 |
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| title=Summary of Evidence for Combatant Status Review Tribunal -- Ameur, Mammar |
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| date=26 October 2004 |
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| pages=pages 68 |
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| author=] |
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| publisher=] |
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| accessdate=2008-03-07 |
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}}</ref> |
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The memo listed the following allegations against him: |
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{{Quotatiion| |
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:The detainee is associated with ]: |
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:#The detainee was captured in a suspect ] ]. |
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:#The detainee worked for the ]. |
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:#The African Muslim Agency is linked to ] (AIAI). |
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:#Al-Ittihad al Islami (AIAI) is listed as a terrorist organization on the President's ]. |
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:#The detainee's computer contained a file from an Islamic website concerning ]s in the United States. |
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:#The detainee was a member of an armed Algerian resistance group. |
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:#The detainee lived in a guesthouse that sent fighters to Afghanistan. |
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:#The detainee is associated with an organizer of Islamic fighters. |
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}} |
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===Transcript=== |
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Ameur chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtMammarAmeur> |
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{{Cite web |
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| url={{DoD detainees ARB|Set_18_1463-1560.pdf#61}} |
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| title=Summarized Statement |
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| date=date redacted |
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| pages=pages 61–80 |
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| author=] |
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| publisher=] |
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| accessdate=2008-06-02 |
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}}</ref> |
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On March 3, 2006, in response to a ] from ] the ] published a twenty page summarized transcript from his Combatant Status Review Tribunal.<ref name=TheAge20060404> |
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{{Cite news |
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| url=http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html |
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| title=US releases Guantanamo files |
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| publisher=] |
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| date=April 4, 2006 |
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| accessdate=2008-03-15 |
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| quote= |
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}}</ref> |
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==Ameur Mammar v. George W. Bush== |
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A ], ], was submitted on Ameur Mammar's behalf.<ref name=GuantanamoHabeasAmeurMammarVGeorgeWBush> |
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{{Cite web |
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| url=https://www.fastcase.com/Google/Start.aspx?C=5e1964933ae27e9681bd4db127e0183f294eac1fe7085e57&D=defde495a10eca253eded850e98090afb684a63dc2b9f0d6 |
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| title=Ameur Mammar v. George W. Bush -- 05-573 (RJL) |
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| date=May 2, 2005 |
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| publisher=] |
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| accessdate=2008-06-03 |
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}}</ref> |
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The Department of Defense published the unclassified documents related to the ] of 179 captives who had writs of habeas corpus published on their behalf. But they didn't publish the documents from Mammar Ameur's Tribunal. |
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On April 17, 2007 The Department of Justice filed a motion to dismiss the habeas petitions of captives who had been repatriated, or who had died in custody. Mammar Ameur's petition was not on this list. |
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==Administrative Review Board hearing== |
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] | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 |archiveurl=http://commons.wikimedia.org/File:TheWire-v6-i049-10MAR2006.pdf |archivedate=2009-08-26}}</ref>]] |
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Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual ] hearings.<ref name=JtfGtmoPao20071029> |
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{{Cite news |
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| url=http://www.jtfgtmo.southcom.mil/storyarchive/2007/October/102907-2-oardec.html |
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| title=OARDEC provides recommendations to Deputy Secretary of Defense |
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| publisher=] |
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| author=Army Sgt. ] |
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| date=October 29, 2007 |
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| accessdate=2008-03-26 |
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| quote= |
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| archiveurl=http://www.webcitation.org/query?url=http%3A%2F%2Fwww.jtfgtmo.southcom.mil%2Fstoryarchive%2F2007%2FOctober%2F102907-2-oardec.html&date=2009-09-16 |
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| archivedate=2009-09-16 |
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}}</ref> |
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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". |
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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. |
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===Summary of Evidence memo=== |
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A ] was prepared for |
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Mammar Ameur's |
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Administrative Review Board, |
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on |
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25 July 2005.<ref name=ArbSummaryOfEvidenceMammarAmeur> |
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{{Cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#53 |
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| title=Unclassified Summary of Evidence for Administrative Review Board in the case of Ameur, Mammar |
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| date=25 July 2005 |
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| pages=pages 53–55 |
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| author=] |
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| publisher=] |
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| accessdate=2008-03-01 |
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}}</ref> |
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The memo listed factors for and against his continued detention. |
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''The following primary factors favor continued detention'' |
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{{Quotation| |
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:a. Training |
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:#The detainee was conscripted into the Algerian army for a mandatory term of two years. He received training on the Kalashnikov, grenades and a small pistol. |
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:b. Connections and Associations |
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:#The detainee stayed at the Algerian guesthouse, located in the Hayatabad portion of Peshawar, Pakistan. |
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:#The guesthouse may have been funded by the Maktab al-Khidmat office in Peshawar, Pakistan. |
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:#The detainee worked in Peshawar for a Non-governmental Organization (NGO) name Afghan Reconstruction or ARCON. |
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:#In 1993, the Detainee worked for the Egyptian Human Relief Organization (ERHO). |
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:#In May 1994, the detainee left Afghanistan and traveled to Kenya to work for the African Msulim Agency NGO. |
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:#The African Muslim Agency (AMA) is an Islamic NGO with ties to extremist activities. |
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:#In 1994, the detainee traveled to Afghanistan to work as the office manager of an NGO hospital. |
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:#In 1996, the detainee resigned from the EHRO and remained unemployed afterward. |
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:#The detainee was arrested with an individual, who worked for several years for a Saudi organization called WAMY. |
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:#The World Assembly of Muslim Youth (WAMY) is an NGO operating in Afghanistan and may be associated with Usama bin Laden and/or al Qaida. |
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:#The detainee is associated with Abu Qua'il, a former leader of the International Islamic Relief Organization (IIRO) and the information section within the NGO Muslim World League. |
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:#The IIRO is am Islamic NGO with ties to extremist activities. |
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:#The detainee is associated with Abu el Abbes, the former leader of the Muslim Brotherhood. |
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:c. Other relevant data |
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:#On September 23, 1996, he applied for and was granted status as a United Nations Refugee. |
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:#The detainee was arrested by Pakistani authorities at his residence on 18 July 2002 because his house was a suspected al Qaida safe house. |
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:#The detainee had four hundred United States dollars when he was arrested. |
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:#According to a foreign government, the detainee is a fugitive from Algeria, where he has been wanted since 1993 for belonging to an armed group. The detainee left Algeria for Pakistan in July 1990 where he worked for the NGO Muslim Aid for Afghan Refugees. |
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}} |
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''The following primary factors favor release or transfer'' |
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{{Quotation| |
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:a. The detainee stated that as a Muslim, he felt that he should go out and do good deeds for other people and found he could best do this by joining a NGO. |
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:b. The detainee stated he has nothing against Americans and he has no reason to fight against Americans if he is released, because it is against his religion to kill innocents. |
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}} |
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Ameur chose to participate in his Administrative Review Board hearing.<ref name=ArbTranscriptIsn939> |
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{{Cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf#228 |
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| title=Summary of Administrative Review Board Proceedings of ISN 939 |
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| date=date redacted |
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| author=] |
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| pages=pages 228–243 |
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| publisher=] |
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| accessdate=2008-06-02 |
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}}</ref> |
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In the Spring of 2006, in response to a ] from ] the ] published a sixteen page summarized transcript from his Administrative Review Board.<ref name="TheAge20060404"/> |
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===Testimony=== |
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===Board recommendations=== |
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In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to ], the ].<ref name=ArbRecommendationIsn939> |
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{{Cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000583-000677.pdf#37 |
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| title=Administrative Review Board assessment and recommendation ICO ISN 939 |
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| date=November 4, 2005 |
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| author=] |
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| publisher=] |
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| accessdate=2008-03-07 |
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| pages=page 37 |
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}}</ref><ref name=ArbBasisForRecommendationIsn939> |
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{{Cite web |
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| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000583-000677.pdf#38 |
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| title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 939 |
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| date=18 August 2005 |
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| author=] |
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| publisher=] |
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| accessdate=2008-03-07 |
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| pages=pages 38–42 |
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}}</ref> |
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The Board's recommendation was unanimous |
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The Board's recommendation was redacted. |
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England authorized his transfer on November 4, 2005. |
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==Ameur's refugee status== |
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According to ], writing in the ], the ] ] wrote the Pentagon, on December 20, 2006, seeking information on why Ameur, and another man were being detained in Guantanamo.<ref name=KansasCityStar070129>{{Cite news |
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| url=http://www.kansascity.com/mld/kansascity/news/nation/16575242.htm |
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| title=U.N. refugee agency seeking information on 2 detainees |
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| date= January 29, 2007 |
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| author=] |
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| publisher=] |
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| accessdate=2007-02-07 |
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}}</ref> |
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The UNHCR had not known until December 2006 that the Americans were holding internationally recognized refugees in Guantanamo. |
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Ameur was granted UN refugee status in Pakistan in 1996. |
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] was granted UN refugee status in Pakistan in 1994. A third captive, ], was one of the 38 captives who was determined not have been an "enemy combatant" after all. |
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The Americans transferred him to ]. |
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==Repatriation== |
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The ] reported on 8 October 2008 that an Algerian and a Sudanese had just been repatriated.<ref name=Afp2008-10-08> |
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{{Cite news |
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| url=http://afp.google.com/article/ALeqM5jxuCXEAs-0WUMMiXr7fv4Lph0Ryg |
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| title=Two Guantanamo detainees transferred: Pentagon |
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| publisher=] |
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| author= |
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| date=2008-10-08 |
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| accessdate=2008-10-08 |
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| quote= |
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}} |
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</ref><ref name=Voa2008-10-08> |
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{{Cite news |
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| url=http://www.voanews.com/english/2008-10-08-voa61.cfm |
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| title=Pentagon: Two Guantanamo Detainees Transferred |
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| publisher=] |
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| author= |
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| date=2008-10-08 |
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| accessdate=2008-10-08 |
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| quote= |
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}} |
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</ref><ref name=Elkhabar2008-10-10> |
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{{Cite news |
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| url=http://www.elkhabar.com/quotidienFrEn/?ida=126488&idc=114 |
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| title=The US hands over Algeria a fifth Guantanamo prisoner |
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| publisher=] |
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| author= |
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| date=2008-10-10 |
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| accessdate=2008-10-10 |
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| quote= |
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}} |
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</ref> |
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], the author of ], reported that Mammar Ameur was the Algerian captive.<ref name=Worthington2008-10-08> |
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{{Cite news |
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| url=http://www.huffingtonpost.com/andy-worthington/two-50-year-olds-are-rele_b_132898.html |
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| title=Two 50 Year Olds Are Released From Guantanamo |
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| publisher=] |
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| author=] |
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| date=2008-10-08 |
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| accessdate=2008-10-09 |
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| quote= |
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}} |
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</ref> |
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==References== |
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<div class="references-small"> |
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{{Reflist|2}} |
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==External links== |
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* Andy Worthington |
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{{WoTPrisoners|state=collapsed}} |
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{{Rcat shell| |
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{{Persondata <!-- Metadata: see ]. --> |
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{{R from merge}} |
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| NAME =Ameur, Mammar |
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{{R from person}} |
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| ALTERNATIVE NAMES = |
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{{R with history}} |
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| SHORT DESCRIPTION = |
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{{R with possibilities}} |
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| DATE OF BIRTH =1958-12-01 |
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{{R printworthy}} |
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| PLACE OF BIRTH =] |
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| DATE OF DEATH = |
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| PLACE OF DEATH = |
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}} |
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}} |
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{{DEFAULTSORT:Ameur, Mammar}} |
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{{DEFAULTSORT:Ameur, Mammar}} |
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] |
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] |
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] |
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] |
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