Bader Al Bakri Al Samiri

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Bader Al Bakri Al Samiri is held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Al Samiri's Guantanamo detainee ID number is 274. American intelligence analysts estimate that he was born in 1972, in Mecca, Saudi Arabia.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release of transfer:
3 See also
4 References

[edit] 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 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.

Al Samiri chose not to participate in his Combatant Status Review Tribunal.

[edit] 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.

The factors for and against continuing to Bader Al Bakri Al Samiri were among the 120 that the Department of Defense released on March 3, 2006.^[2]

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee is a Saudi Arabian citizen who traveled to Afghanistan via Lahore, Pakistan; Muthhafer Abad, Pakistan and finally to Afghanistan.
The detainee traveled to Muthhafer Abad, Pakistan for weapons training.
The detainee went to Afghanistan in the middle of 2001 to fight in the war.
The detainee was on the front lines and fired his Kalashnikov rifle.
The detainee stated that he fired his weapon as he retreated from the airport in Bagram, Afghanistan.
The detainee fled Bagram with other Taliban forces, to an unidentified location near Jalalabad, where they dug trenches and waited.
The detainee states shrapnel hit him during a United States bombing raid while fighting on the front line against the Northern Alliance.

b. Training

The detainee attended the Lashkar E Tayyiba [sic] training camp in Afghanistan and received training on the Kalashnikov rifle.
The Lashkar E Tayyiba (LT) ("Army of the Righteous") is listed in the U.S. Department of Homeland Security Terrorist Organization Reference Guide as a terrorist organization.
The detainee's training at the camp consisted of mountain hiking, weapons assembly/disassembly, and weapons firing.
Weapons training was accomplished on a pistol, a Kalashnikov rifle, and a German-made G-3 rifle.

c. Connections/Associations

The detainee's name was found on a list of al Qaida mujahidin and the contents of their "trust" accounts found on files recovered from various computer media seized during raids against al Qaida associated safe housess in Pakistan.
Specifically, the detainee's name was found on a listing of 324 Arabic names recovered from [[safe house, Karachi|safe house] raids in Karachi, Pakistan.
The detainee's name was on a list of 78 associates incarcerated in Pakistan. The list was found on a computer server hard drive recovered in a suspected al Qaeda safe house.

d. Intent

The detainee stated he would follow any sort of religious decree stating that an attack on the United States was needed for the sake of Islam.
The detainee stated it is the duty of true Muslims to defend Islam against infidels, calling (his interviewers) infidels, and stating that everyone must either become a Muslim, pay a fee for not converting, or be put to death.
The detainee stated that he would buy weapons to fight anyone who would have alliances with the United States.
When asked about the attacks on 9/11, the detainee replied, "some time terrorist people have to die."

e. Other relevant data

The detainee threatened to kill a guard's family, told multipled guards he would kill them, spit on the guards, threw urine on a guard, and threatened to throw feces on the guards.

[edit] The following primary factors favor release of transfer:

a. The detainee claimed to have traveled to Afghanistan in order to live under true Islamic Law.

b. The detainee traveled to Afghanistan to visit and sightsee and just happened to be asked to help the Taliban.

c. Detainee traveled to Afghanistan for the sole purpose of sightseeing. He was taken to the front line because he was told it was a great spot to sightsee due to the fighting that was occurring. The detainee claimed he did not know who was fighting or the cause of the fighting.

d. The detainee traveled to Pakistan to purchase hashish at low prices. The hashish was for his own consumption and for resale in Saudi Arabia.

e. The detainee stated he knew LT was a pro-Islamic organization which conducted fundraising and other charitable programs. He had no knowledge that they conducted any military activities.

f. The detainee claimed he never picked up a weapon during the two months he spent on the front lines.

g. The detainee denied being a member of al Qaida.

h. The detainee denied having any prior knowledge of the 11 Sep attacks on the United States, or knowledge of plans for future attacks on the United States.

i. The detainee stated that he would not participate in an attack on the United States because he did not want to be in jail.

j. The detainee stated that he has nothing against the United States and he would not participate even if the Saudi government issued a fatwa. He also would not participate if an NGO issued a fatwa because he does not feel negatively about the United States.