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Revision as of 18:44, 29 August 2007 editRklawton (talk | contribs)Administrators40,714 editsm ''The following primary factors favor continued detention:: sp← Previous edit Revision as of 09:35, 7 December 2007 edit undoGeo Swan (talk | contribs)Autopatrolled, Extended confirmed users, Pending changes reviewers112,843 edits identityNext edit →
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==Identity== ==Identity==
Captive 187 was identified inconsistently on official ] documents:

*Captive 187 was identified as '''Murtada Ali Said Maqram''' on the ] prepared for his Combatant Status Review Tribunal and the ] prepared for Murtada Ali Said Maqram's first annual Administrative Review Board.<ref name=CsrtSummaryOfEvidenceMurtadaAliSaidMaqram>
The United States ], under ], released the identity of the Guantanamo detainees.
{{cite web
On ] ] they released a list of the names of 558 detainees who were held in Guantanamo Bay in July 2004, when they started conducting ]s.<ref name=DoDList>, '']'', ] ]</ref>
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#96
On ] ] they released a list of all the names of all the detainees who had been held in Guantanamo.<ref name=DoDList2>, '']'', ] ]</ref>
| title=Summary of Evidence for Combatant Status Review Tribunal -- Maqram, Murtada Ali Said

| date='''date redacted'''
Numerous detainee's names were spelled differently on the two lists -- some of them markedly so.
| author=]
Maqram's name is not on either list. But the DoD released a memo summarizing the factors for and against his continued detention, where his name is spelled '''Murtada Ali Said Maqram'''.<ref name=FactorsMurtadaAliSaidMagram> of ] '']'' - page 56</ref>
| pages=page 96
Both official lists contain the similar name '''"Murtadha Al Said Makram"'''. That individual did not participate in either his ] or his ] hearing. His Guantanamo detainee ID number is 187.
| publisher=]
| accessdate=2007-12-07
}}</ref><ref name=FactorsMurtadaAliSaidMagram>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#56
| title=Unclassified Summary of Evidence for Administrative Review Board in the case of Maqram, Murtada Ali Said
| date='''date redacted'''
| author=]
| pages=page 56-57
| publisher=]
| accessdate=2007-12-07
}}</ref>
*Captive 187 was identified as '''Murtadha Al Said Makram''' on
] was prepared for
Murtadh Al Said Makram's second annual
Administrative Review Board,
on ] ], and on five official lists of captives.<ref name=DoDList2>, '']'', ] ]</ref><ref name=DoDList>, '']'', ] ]</ref><ref name=OardecCsrtSummaryOfEvidence20070717>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
| title=Index for Combatant Status Review Board unclassified summaries of evidence
| author=]
| publisher=]
| date=] ]
| accessdate=2007-09-29
}}</ref><ref name=OardecArb1Factors>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
| title=Index to Summaries of Detention-Release Factors for ARB Round One
| author=]
| publisher=]
| date=] ]
| accessdate=2007-09-29
}}</ref><ref name=OardecArb2Factors20070717>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
| title=Index of Summaries of Detention-Release Factors for ARB Round Two
| author=]
| publisher=]
| date=] ]
| accessdate=2007-09-29
}}</ref><ref name=ArbSummaryOfEvidenceMurtadhAlSaidMakram>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#75
| title=Unclassified Summary of Evidence for Administrative Review Board in the case of Makram, Murtadh Al Said
| date=] ]
| author=]
| pages=pages 75-78
| publisher=]
| accessdate=2007-12-05
}}</ref>


==Combatant Status Review Tribunal== ==Combatant Status Review Tribunal==
]
{{ReadingCSRTNotice}}


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. 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.
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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 ]. 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 ].


===Summary of Evidence memo===
To comply with a ] request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a ], and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Murtadha Al Said Makram was one of those 169 detainees.<ref name=SummaryOfEvidence457>
prepared for ]'s '']'' - ] ] - page 258</ref>


A ] was prepared for
===Allegations===
Murtada Ali Said Maqram's
Combatant Status Review Tribunal.<ref name=CsrtSummaryOfEvidenceMurtadaAliSaidMaqram>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#96
| title=Summary of Evidence for Combatant Status Review Tribunal -- Maqram, Murtada Ali Said
| date='''date redacted'''
| author=]
| pages=page 96
| publisher=]
| accessdate=2007-12-07
}}</ref>
The memo listed the following allegations against him:


:'''''a. The detainee is associated with al Qaida: :'''a. The detainee is an ]/] fighter:
:#''The detainee traveled to ] on a forged passport. :#The detainee voluntarily traveled from Saudi Arabia to ] to fight in the '']''.
:#While traveling through ], AF, the detainee stayed at a ].
:#''The detainee traveled in response to a ] for Muslims to fight.
:#''The detainee provided a false name when captured. :#The detainee received training on the ] assault rifle while in AF.
:#''The detainee received weapons training on the ] {{sic}}, the ], and the ] pistol at the ], for one month from October - November 2001.<ref>Other captives told their Tribunals the camp was shut down on ] ].</ref>


:'''b. The detainee participated in military operations against the coalition.
==Administrative Review Board hearing==
:#While fighting in the ''Jihad'' in Afghanistan, the detainee spent seven (7) months on a secondary line approximately 30 kilometers from the front line.
:#After seven (7) months, the detainee then spent two (2) months on another secondary line at ], approximately 13 kilometers from the front line.
:#When the Northern Alliance attacked the front line, the detainee went to the front line on the Bagram side of the mountain.
:#The detainee then retreated to the ] region, and subsequently fled to ] where he was captured.

===Transcript===

There is no record that Murtada Ali Said Maqram participated in his Tribunal.

==Administrative Review Board hearings==


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". 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".
Line 37: Line 107:
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. 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 factors for and against continuing to detain Maqram were among the 120 that the Department of Defense released on ] ].<ref name=FactorsMurtadaAliSaidMagram> of ] '']'' - page 56</ref>


A ] was prepared for Murtada Ali Said Maqram's first annual Administrative Review Board.<ref name=FactorsMurtadaAliSaidMagram>
===''The following primary factors favor continued detention:===
{{cite web
:'''''a. The detainee is an ]/] fighter:
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#56
:#''The detainee voluntarily traveled from Saudi Arabia to ] to fight in the ].
| title=Unclassified Summary of Evidence for Administrative Review Board in the case of Maqram, Murtada Ali Said
:#''While traveling through ]. AF. The detainee stayed at a Taliban ].
| date='''date redacted'''
:#''The detainee received training on the ] assault rifle while in AF.
| author=]
| pages=page 56-57
| publisher=]
| accessdate=2007-12-07
}}</ref>
The memo listed factors for and against his continued detention.


====The following primary factors favor continued detention:====
:'''''b. The detainee participated in military operations against the coalition.
:'''a. The detainee is an ]/] fighter:
:#''While fighting in the Jihad in Afghanistan, the detainee spent seven (7) months on a secondary line approximately 30 kilometers from the front line.
:#The detainee voluntarily traveled from Saudi Arabia to ] to fight in the ].
:#''After seven (7) months, the detainee then spent two (2) months on another secondary line at ], approximately 13 kilometers from the front line.
:#While traveling through ]. AF. The detainee stayed at a Taliban ].
:#''When the ] attacked the front line, the detainee went to the front line on the Bagram side of the mountain.
:#The detainee received training on the ] assault rifle while in AF.

:'''b. The detainee participated in military operations against the coalition.
:#While fighting in the Jihad in Afghanistan, the detainee spent seven (7) months on a secondary line approximately 30 kilometers from the front line.
:#After seven (7) months, the detainee then spent two (2) months on another secondary line at ], approximately 13 kilometers from the front line.
:#When the ] attacked the front line, the detainee went to the front line on the Bagram side of the mountain.
:#''The detainee then retreated to the ] region, and subsequently fled to ] where he was captured. :#''The detainee then retreated to the ] region, and subsequently fled to ] where he was captured.


:'''''c. Based upon a review of recommendations''' from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and its allies. :'''c. Based upon a review of recommendations''' from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and its allies.
:#''In the last year, the detainee has thrown food at guards four (4) times, spit on them twice and set off the sprinkler in his cell. The most extreme conduct occurred on 12 October 2004 when he grabbed an MP through the “beanhole” in his cell and pulled him towards the door. :#In the last year, the detainee has thrown food at guards four (4) times, spit on them twice and set off the sprinkler in his cell. The most extreme conduct occurred on 12 October 2004 when he grabbed an MP through the “beanhole” in his cell and pulled him towards the door.
:#''A list of contact points and telephone numbers for Al Qaida ] (the detainee’s name was included on the list) who were scheduled to fight in Afghanistan but who were arrested by the Pakistani authorities was recovered from a computer hard drive in an ]. :#A list of contact points and telephone numbers for Al Qaida ] (the detainee’s name was included on the list) who were scheduled to fight in Afghanistan but who were arrested by the Pakistani authorities was recovered from a computer hard drive in an ].
:#''Detainee related it did not matter whether the Taliban won or lost the war but that he fought for the glory of God. Detainee stated he wanted to be a martyr for the cause. :#Detainee related it did not matter whether the Taliban won or lost the war but that he fought for the glory of God. Detainee stated he wanted to be a martyr for the cause.

====The following primary factors favor release or transfer:===
::A. No inforation available.


===Second annual Administrative Review Board===
===''The following primary factors favor release or transfer:===
::''A. No inforation available.


A ] was prepared for
Murtadh Al Said Makram's second annual
Administrative Review Board,
on ] ].<ref name=ArbSummaryOfEvidenceMurtadhAlSaidMakram>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#75
| title=Unclassified Summary of Evidence for Administrative Review Board in the case of Makram, Murtadh Al Said
| date=] ]
| author=]
| pages=pages 75-78
| publisher=]
| accessdate=2007-12-05
}}</ref>
The memo listed factors for and against his continued detention.
==References== ==References==
<references/> <references/>

Revision as of 09:35, 7 December 2007

Murtada Ali Said Maqram is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Makram's Guantanamo detainee ID is 187. The Department of Defense reports that Magram was born on March 28 1976, in Riyadh, Saudi Arabia.

Identity

Captive 187 was identified inconsistently on official Department of Defense documents:

  • Captive 187 was identified as Murtada Ali Said Maqram on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal and the Summary of Evidence memo prepared for Murtada Ali Said Maqram's first annual Administrative Review Board.
  • Captive 187 was identified as Murtadha Al Said Makram on

Summary of Evidence memo was prepared for Murtadh Al Said Makram's second annual Administrative Review Board, on 25 January 2006, and on five official lists of captives.

Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

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 a 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 Summary of Evidence memo was prepared for Murtada Ali Said Maqram's Combatant Status Review Tribunal. The memo listed the following allegations against him:

a. The detainee is an al-Qaida/Taliban fighter:
  1. The detainee voluntarily traveled from Saudi Arabia to Afghanistan to fight in the Jihad.
  2. While traveling through Qandahar, AF, the detainee stayed at a Taliban guesthouse.
  3. The detainee received training on the AK-47 assault rifle while in AF.
b. The detainee participated in military operations against the coalition.
  1. While fighting in the Jihad in Afghanistan, the detainee spent seven (7) months on a secondary line approximately 30 kilometers from the front line.
  2. After seven (7) months, the detainee then spent two (2) months on another secondary line at Bagram Hill, approximately 13 kilometers from the front line.
  3. When the Northern Alliance attacked the front line, the detainee went to the front line on the Bagram side of the mountain.
  4. The detainee then retreated to the Tora Bora region, and subsequently fled to Pakistan where he was captured.

Transcript

There is no record that Murtada Ali Said Maqram participated in his Tribunal.

Administrative Review Board hearings

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

A Summary of Evidence memo was prepared for Murtada Ali Said Maqram's first annual Administrative Review Board. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. The detainee is an Al Qaida/Taliban fighter:
  1. The detainee voluntarily traveled from Saudi Arabia to Afghanistan to fight in the Jihad.
  2. While traveling through Qandahar. AF. The detainee stayed at a Taliban guesthouse.
  3. The detainee received training on the AK-47 assault rifle while in AF.
b. The detainee participated in military operations against the coalition.
  1. While fighting in the Jihad in Afghanistan, the detainee spent seven (7) months on a secondary line approximately 30 kilometers from the front line.
  2. After seven (7) months, the detainee then spent two (2) months on another secondary line at Bagram Hill, approximately 13 kilometers from the front line.
  3. When the Northern Alliance attacked the front line, the detainee went to the front line on the Bagram side of the mountain.
  4. The detainee then retreated to the Tora Bora region, and subsequently fled to Pakistan where he was captured.
c. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and its allies.
  1. In the last year, the detainee has thrown food at guards four (4) times, spit on them twice and set off the sprinkler in his cell. The most extreme conduct occurred on 12 October 2004 when he grabbed an MP through the “beanhole” in his cell and pulled him towards the door.
  2. A list of contact points and telephone numbers for Al Qaida Mujahidin (the detainee’s name was included on the list) who were scheduled to fight in Afghanistan but who were arrested by the Pakistani authorities was recovered from a computer hard drive in an Al Qaida safehouse.
  3. Detainee related it did not matter whether the Taliban won or lost the war but that he fought for the glory of God. Detainee stated he wanted to be a martyr for the cause.

=The following primary factors favor release or transfer:

A. No inforation available.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Murtadh Al Said Makram's second annual Administrative Review Board, on 25 January 2006. The memo listed factors for and against his continued detention.

References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15 2006 Cite error: The named reference "DoDList2" was defined multiple times with different content (see the help page).
  2. ^ OARDEC (date redacted). "Summary of Evidence for Combatant Status Review Tribunal -- Maqram, Murtada Ali Said" (PDF). United States Department of Defense. pp. page 96. Retrieved 2007-12-07. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  3. ^ OARDEC (date redacted). "Unclassified Summary of Evidence for Administrative Review Board in the case of Maqram, Murtada Ali Said" (PDF). United States Department of Defense. pp. page 56-57. Retrieved 2007-12-07. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  4. list of prisoners (.pdf), US Department of Defense, April 20 2006
  5. OARDEC (July 17 2007). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  6. OARDEC (August 9 2007). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  7. OARDEC (July 17 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  8. ^ OARDEC (25 January 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Makram, Murtadh Al Said" (PDF). United States Department of Defense. pp. pages 75-78. Retrieved 2007-12-05. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
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