Revision as of 06:35, 10 August 2006 editGeo Swan (talk | contribs)Autopatrolled, Extended confirmed users, Pending changes reviewers112,843 edits →response to the allegations← Previous edit |
Latest revision as of 04:24, 15 January 2023 edit undoCameron Dewe (talk | contribs)Autopatrolled, Extended confirmed users28,957 edits Redirect reason: R from merge and other reasons |
(78 intermediate revisions by 28 users not shown) |
Line 1: |
Line 1: |
|
|
#REDIRECT ] |
|
'''Mammar Ameur''' is a citizen of ], held in ] detention in the ] ], in ].<ref name=DoDList> , '']'', ] ]</ref> His detainee ID number is 939. |
|
|
The ] reports that Ameur was born on ] ], in ].<ref name=DoDList2>, '']'', ] ]</ref> |
|
|
|
|
|
|
|
{{Rcat shell| |
|
==Combatant Status Review Tribunal== |
|
|
|
{{R from merge}} |
|
|
|
|
|
{{R from person}} |
|
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 a ]s to determine whether captives are, or are not, entitled to the protections of ] status. |
|
|
|
{{R with history}} |
|
|
|
|
|
{{R with possibilities}} |
|
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 ]. |
|
|
|
{{R printworthy}} |
|
|
|
|
|
}} |
|
Ameur chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtAmeur>, from ]'s '']'' - pages 61-80</ref> |
|
|
|
{{DEFAULTSORT:Ameur, Mammar}} |
|
|
|
|
===Seizure of Ameur's documents=== |
|
|
|
|
|
Ameur's Personal Representative told his Tribunal that guards had seized his copies of some of the documents |
|
|
the Tribunal had produced for him, in preparetion for his Tribunal. |
|
|
Ameur's Tribunal's President explained that the seizure of his documents and notes would have been an internal |
|
|
camp matter, and he suggested Ameur contact the camp authorities to request their return. |
|
|
|
|
|
===Witness=== |
|
|
|
|
|
Ameur had requested his landlord in ]. His Tribunal President ruled that his witness was relevant. |
|
|
But when requests to the ] to request the Pakistani embassy to locate the landlord did not |
|
|
result in a reply the Tribunal's President ruled that the witness was "not reasonably available". |
|
|
{{main|Witnesses requested by Guantanamo detainees}} |
|
|
|
|
|
===Denial of a chance to respond to the Allegations=== |
|
|
|
|
|
Ameur told his Tribunal that his Personal Representative had refused to let him have a copy of the allegations against him, so that he could re-read them, and make sure he was prepared to give the Tribunal complete answers. He told his Tribunal that he knew other detainees had been allowed copies of the allegations, and had been allowed to make notes to prepare for their Tribunals. |
|
|
|
|
|
The President of Ameur's Tribunal explained that whether a detainee was allowed to keep a copy of the allegations against them would depend on where they were being held. Only the more privileged detainees were allowed copies of the allegations against them. and pencils and paper in order to make notes. |
|
|
|
|
|
Ameur then pointed out that he was kept in Camp four, the camp for the most cooperative, privileged detainees. |
|
|
|
|
|
The Tribunal's President suggested that Ameur take up this matter with the camp authorities, because the Tribunal was not authorized to issue pencils and paper. The Tribunal's President did not address Ameur's Personal Representative's refusal to allow Ameur to study a copy of the allegations. |
|
|
|
|
|
===Presumption of innocence=== |
|
|
|
|
|
Ameur told his Tribunal that all the unclassified allegations were fabrications. He told them his Personal Representative had told him that the Tribunal would also be considering classified allegations, and he asked how he could be sure that they weren't fabrications too. The President of Ameur's Tribunal assured him that they would be able to tell whether the allegations were truthful. |
|
|
|
|
|
Ameur responded: |
|
|
:"''So now you are at two points; to believe me or the allegations. According to the penal code, which most Europeans deal with, is a law most countries go by. According to this law, the accused is innocent until proven guilty. In the U.S., it is the opposite; I am guilty until proven innocent. I am here on this isolated island, how could I give you proof that will support my case? How can I defend myself without my family or media?''" |
|
|
|
|
|
===allegations=== |
|
|
|
|
|
The allegations Ameur faced during his Tribunal were: |
|
|
|
|
|
:'''''a. Association |
|
|
:#''The detainee was captured in a suspect ] ]. |
|
|
:#''The detainee worked for the ]. |
|
|
:#''The African Muslim Agency is linked to ] (AIAI). |
|
|
:#''Al-Ittihad al Islami (AIAI) is listed as a terrorist organization on the President's ]. |
|
|
:#''The detainee's computer contained a file from an Islamic website concerning ]s in the United States. |
|
|
:#''The detainee was a member of an armed Algerian resistance group. |
|
|
:#''The detainee lived in a ] that sent fighters to Afghanistan. |
|
|
:#''The detainee is associated with an organizer of Islamic fighters. |
|
|
|
|
|
===response to the allegations=== |
|
|
|
|
|
Ameur denied being captured in a safehouse. He was captured in his family's home, a two room house, he shared wiht his wife and two children. He pointed out that even if he had known any members of al Qaida his home was too small for him to host visitors. He also informed his Tribunal that his home was near a Pakistani airbase, and several police stations - an absurd choice of location for a "safehouse". |
|
|
|
|
|
Ameur acknowledged receiving training -- in how to conduct humanitarian work, from the African Muslim Agency. But he received this training in 1974, and he never worked for this agency.. Further, the Agency was a branch of the ]i government. |
|
|
|
|
|
Ameur said that the literal translation of Al-Ittihad al Islami was "'''Islamic Union'''". He xplained that there were literally hundreds of organizations that included the term "Islamic Union" as part of their name. Further, he was not associated with any of them. |
|
|
|
|
|
Ameur addressed the allegation that his computer contained a file on American biological weapons in detail. |
|
|
Ameur said that during his first interrogations, starting two days after his capture, his American interrogators had his computer in the interrogation room. But they never asked him about a file about biological weapons. |
|
|
|
|
|
He said that he was regularly interrogated for the first year and a half of his detention. He was only asked once about an Islamic website, and he told his interrogator he had never heard of it. He said that his interrogators at Bagram and Guantanamo told him they didn't know where his computer was. He suspected that the Pakistanis had retained it. He doubted that they had preserved it as evidence, and strongly suspected his files had been erased so it could be used by someone else. He said he didn't consider this allegation a serious one, or he would have heard about the biological weapons allegation during his interrogation, not during his Tribunal. |
|
|
|
|
|
Ameur said he knew that the ] were fundamentalists and terrorists. He said this group formed two years after he left Algeria. Further he regularly visited the Algerian embassy, something no member of the GIA would ever do, because they felt all workers for the Algerian government were infidels who should be killed. |
|
|
|
|
|
Ameur acknowledged that he lived in a guesthouse -- during the time the CIA was encouraging foreign volunteers to travel to Afghanistan to fight communists during the ]. However, the guesthouse did not only house fighters. It also housed humanitarian workers, like himself. |
|
|
|
|
|
Regarding the last allegation, that he was associated with an organizer of Islamic fighters, Ameur expressed surprise. This allegation too was a new one for him. He had never been asked any questions about knowing organizers of Islamic fighters during his interrogation. His Personal Representative couldn't tell him the identity of this organizer, or which organization he organized for. He said he didn't know what it meant to be "associated" with someone. |
|
|
|
|
|
Finally, Ameur said he had five or six pages worth of further testimony to offer, to prove he had nothing to do with the allegations. But he could tell that the Tribunal's President was growing impatient. So he concluded: |
|
|
:"''...I don't want to waste your time, because I feel you are in a hurry. Anyway, let me tell you something. I was really shocked when I heard these accusations, and I never thought the Americans would do such a thing. The interrogators kept telling me they are trying to find out why I am here, and many times I asked this. Finally, I find myself in front of the court with all these accusaitons I have no relation to. Anyway, it would take a long time, but I'm quite sure if the American people knew what was happening here they'd be against this. Unfortunately we are isolated here, and no one knows what is happening. Nobody can determine if these allegations are true or not. This is only one side, because I'm giveing you the unclassified information...'" |
|
|
|
|
|
==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 ] 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. |
|
|
|
|
|
Ameur chose to participate in his Administrative Review Board hearing.<ref name=ArbAmeur>, from ]'s ''] hearing'' - page 228</ref> |
|
|
|
|
|
==References== |
|
|
<references/> |
|
|
|
|
|
] |
|
|
] |
|
|
] |
|
|
] |
|
|
{{Algeria-bio-stub}} |
|
|
{{GuantanamoBay-detainee-stub}} |
|