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Mammar Ameur is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number is 939. The Department of Defense reports that Ameur was born on December 1 1958, in L'aghouat, Algeria.

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mammar Ameur's Combatant Status Review Tribunal, on 26 October 2004. The memo listed the following allegations against him:

The detainee is associated with al Qaida: The detainee was captured in a suspect al Qaida safehouse. The detainee worked for the African Muslim Agency. The African Muslim Agency is linked to Al-Ittihad al Islami (AIAI). Al-Ittihad al Islami (AIAI) is listed as a terrorist organization on the President's Executive Order 13224. The detainee's computer contained a file from an Islamic website concerning biological weapons in the United States. The detainee was a member of an armed Algerian resistance group. The detainee lived in a guesthouse that sent fighters to Afghanistan. The detainee is associated with an organizer of Islamic fighters.

Transcript

Ameur chose to participate in his Combatant Status Review Tribunal. On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a twenty page summarized transcript from his Combatant Status Review Tribunal.

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 Pakistan. His Tribunal President ruled that his witness was relevant. But when requests to the State Department 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".

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?"

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 with 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 Kuwaiti 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 Armed Islamic Group 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 Soviet Invasion of Afghanistan. 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 giving you the unclassified information...'"

Ameur's neighbor

Ameur said that his small house had an upstairs suite and a downstairs suite. His upstairs neighbor was captured the same night as he was, and he had also been shipped to Guantanamo. He told his Tribunal that they shared a phone, a mailbox, and a front gate. Yet his neighbor did not face the allegation that he hosted al Qaida members. He felt that this proved that the allegation that his house was an al Qaida safehouse was false.

Ameur's Personal Representative told his Tribunal that if he had known about the neighbor he would have called him as a witness.

Ameur pointed out that it wasn't necessary to call him as a witness to see that he didn't face this allegation. Ameur then told his Tribunal that, until he was shown the allegations against him, he had thought that the reason he was detained was that the Pakistanis had rounded up all the Arabs they could lay their hands on, and told the Americans they were associated with terrorism. But, that when he saw that the allegations against him were new to him, and were obvious fabrications, he had to change his mind, and conclude that American analysts had made up allegations to justify holding him for so many years.

Ameur's neighbor was detainee 940, another African, a citizen of Sudan, named Hassan Adel Hussein.

White uniform

Mammar Ameur disputed his Tribunal President's explanation as to why he had not been provided pen and paper to prepare noted about the allegations against him. He pointed out that he was one of the "compliant" captives, who was allowed to wear a white uniform.

Ameur Mammar v. George W. Bush

A writ of habeas corpus, Ameur Mammar v. George W. Bush, was submitted on Ameur Mammar's behalf. The Department of Defense published the unclassified documents related to the Combatant Status Review Tribunal 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.

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.

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mammar Ameur's Administrative Review Board, on 25 July 2005. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Training 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. b. Connections and Associations The detainee stayed at the Algerian guesthouse, located in the Hayatabad portion of Peshawar, Pakistan. The guesthouse may have been funded by the Maktab al-Khidmat office in Peshawar, Pakistan. The detainee worked in Peshawar for a Non-governmental Organization (NGO) name Afghan Reconstruction or ARCON. In 1993, the Detainee worked for the Egyptian Human Relief Organization (ERHO). In May 1994, the detainee left Afghanistan and traveled to Kenya to work for the African Msulim Agency NGO. The African Muslim Agency (AMA) is an Islamic NGO with ties to extremist activities. In 1994, the detainee traveled to Afghanistan to work as the office manager of an NGO hospital. In 1996, the detainee resigned from the EHRO and remained unemployed afterward. The detainee was arrested with an individual, who worked for several years for a Saudi organization called WAMY. 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. 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. The IIRO is am Islamic NGO with ties to extremist activities. The detainee is associated with Abu el Abbes, the former leader of the Muslim Brotherhood. c. Other relevant data On September 23, 1996, he applied for and was granted status as a United Nations Refugee. The detainee was arrested by Pakistani authorities at his residence on 18 July 2002 because his house was a suspected al Qaida safe house. The detainee had four hundred United States dollars when he was arrested. 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.

The following primary factors favor release or transfer

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 [sic] NGO.
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.

Ameur chose to participate in his Administrative Review Board hearing. In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a sixteen page summarized transcript from his Administrative Review Board.

Testimony

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official. The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on November 4 2005.

Ameur's refugee status

According to Carol Rosenberg, writing in the Kansas City Star, the United Nations High Commission for Refugees wrote the Pentagon, on December 20 2006, seeking information on why Ameur, and another man were being detained in Guantanamo. The UNHCR had not known until December 2006 that the Americans were holding internationally recognized refugees in Guantanamo. Ameur was granted UN refugee status in Pakistan in 1996. Mohammed Sulaymon Barre was granted UN refugee status in Pakistan in 1994. A third captive, Fethi Boucetta, was one of the 38 captives who was determined not have been an "enemy combatant" after all. The Americans transferred him to Albania.

Repatriation

The Department of Defense reported on 2008 October 8 that an Algerian and a Sudanese had just been repatriated. Andy Worthington, the author of The Guantanamo Files, reported that Mammar Ameur was the Algerian captive.

References

1. 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. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
2. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
3. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. Retrieved 2007-09-22. {{cite web}}: Check date values in: |date= (help)
4. OARDEC (26 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Ameur, Mammar" (PDF). United States Department of Defense. pp. pages 68. Retrieved 2008-03-07. {{cite web}}: Check date values in: |date= (help)
5. OARDEC (date redacted). "Summarized Statement" (PDF). United States Department of Defense. pp. pages 61-80. Retrieved 2008-06-02. {{cite web}}: Check date values in: |date= (help)
6. ^ "US releases Guantanamo files". The Age. April 4, 2006. Retrieved 2008-03-15. {{cite news}}: Check date values in: |date= (help)
7. "Ameur Mammar v. George W. Bush -- 05-573 (RJL)". United States Department of Justice. May 2, 2005. Retrieved 2008-06-03. {{cite web}}: Check date values in: |date= (help)
8. Spc Timothy Book (Friday March 10 2006). "Review process unprecedented" (PDF). JTF-GTMO Public Affairs Office. pp. pg 1. Archived from the original (PDF) on 2009-08-26. Retrieved 2007-10-10. {{cite news}}: |pages= has extra text (help); Check date values in: |date= (help)
9. Army Sgt. Sarah Stannard (October 29 2007). "OARDEC provides recommendations to Deputy Secretary of Defense". JTF Guantanamo Public Affairs. Archived from the original on 2009-09-16. Retrieved 2008-03-26. {{cite news}}: Check date values in: |date= (help)
10. OARDEC (25 July 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Ameur, Mammar" (PDF). United States Department of Defense. pp. pages 53-55. Retrieved 2008-03-01. {{cite web}}: Check date values in: |date= (help)
11. OARDEC (date redacted). "Summary of Administrative Review Board Proceedings of ISN 939" (PDF). United States Department of Defense. pp. pages 228-243. Retrieved 2008-06-02. {{cite web}}: Check date values in: |date= (help)
12. OARDEC (November 4 2005). "Administrative Review Board assessment and recommendation ICO ISN 939" (PDF). United States Department of Defense. pp. page 37. Retrieved 2008-03-07. {{cite web}}: Check date values in: |date= (help)
13. OARDEC (18 August 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 939" (PDF). United States Department of Defense. pp. pages 38-42. Retrieved 2008-03-07. {{cite web}}: Check date values in: |date= (help)
14. Carol Rosenberg (January 29 2007). "U.N. refugee agency seeking information on 2 detainees". Kansas City Star. Retrieved 2007-02-07. {{cite news}}: Check date values in: |date= (help)
15. "Two Guantanamo detainees transferred: Pentagon". Agence France Presse. 2008-10-08. Retrieved 2008-10-08. mirror
16. "Pentagon: Two Guantanamo Detainees Transferred". Voice of America. 2008-10-08. Retrieved 2008-10-08. mirror
17. "The US hands over Algeria a fifth Guantanamo prisoner". El Khabar. 2008-10-10. Retrieved 2008-10-10. mirror
18. Andy Worthington (2008-10-08). "Two 50 Year Olds Are Released From Guantanamo". Huffington Post. Retrieved 2008-10-09. mirror

• People held at the Guantanamo Bay detention camp
• Algerian extrajudicial prisoners of the United States
• 1958 births
• Living people
• Guantanamo detainees known to have been released