Muhsin Muhammad Musheen Moqbill

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Muhsin Muhammad Musheen Moqbill is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ID number is 193. The Department of Defense reports that Moqbill was born in Ta'iz, Yemen. Unlike almost all the other detainees American intelligence analysts didn't offer an estimate of Moqbill's age.

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 testimony
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release or transfer:
3 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.

Moqbill chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] allegations

Most transcripts include the exact wording of the allegations against the detainees. Moqbill's transcript contains an incomplete version of the allegations against him. Those that are present seem to be paraphases, not the exact wording.

"a. The first point says that you are associated with the Taliban.

"It says you traveled to Afghanistan to fight with the Taliban in response to a fatwa.
"It says you attended the al Farouq camp for weapons training with the Kalashnikov rifle, the PK machine gun and the rocket-propelled grenade (RPG).
"Here it says you stayed at the Taliban Center in Quetta, Pakistan.

"b. It says you engaged in hostilities against the United States or its coalition partners.

"It says that you were issued a Kalashnikov rifle, ammunition and hand grenades.
"And that you maintained an armed military post in the vicinity of Bagram, Afghanistan.
"And that you maintained a Taliban post in the vicinity of Jalalabad, Afghanistan after 11 September 2001.

[edit] testimony

[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.

Moqbill chose to participate in his Administrative Review Board hearing.^[3]

The factors for and against continuing to detain Moqbill were among the 121 that the Department of Defense released on March 3, 2006.^[4]

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee traveled to Afghanistan to fight with the Taliban in response to a fatwa issued by Sheik Hamoud Aluoqla of Saudi Arabia.
Sheikh Hamud (Al-Uqqla) [sic] is a Saudi Mufti who issued a fatwa calling for Jihad in Afghanistan, and encouraged people to fight Jihad against the Christians and Jews. Al-Uqqla condoned the 11 September 2001 against the United States and helped raise money for Usama Bin Laden [sic] until the sheikh's death in Saudi Arabia in 2001.
The detainee was told by Ibrihim Baalawi (Kunya- Abu Khouloud) that this fatwa was issued to get Arabs to fight with the Taliban to form a "True" Muslim state.
The detainee was given, by Khouloud, a passport, a Pakistani Visa, a Yemen Air ticket (from Sana to Dubai), and $50.00 U.S. currency. He also provided the detainee with detailed travel information for his trip Karachi, Pakistan.
The detainee traveled to an area of the front line near Bagram, Afghanistan referred to as the Mullah Ibrahiem Center. He remained there for 11-12 months and observed tank and artillery skirmished with the Northern Alliance.
The detainee maintained a Taliban post in the vicinity of Jalalabad, Afghanistan after 11 September 2001.

b. Training

The detainee attended the al Farouq camp for weapons training with the Kalashnikov rifle, PK machine gun, and the rocket propelled grenade (RPG).
The detainee was personally trained by the head of the al Farouq camp.

c. Connection/Associations

The detainee was associated with Ibrahim Ba'alawi also known as Abu Khalud who also lived in Ta'iz, Yemen and actively recruited individuals to fight with the Taliban in Afghanistan.
The detainee stayed in the Taliban Center in Quetta, Pakistan.

d. Intent

The detainee knew his role was a soldier on the lines. At first, he worried about being killed then later "he did not care".

e. Other Relevant Data

The detainee traveled to a small village in the Tora Bora mountains and remained there for twenty-six (26) days before crossing the Afghanistan-Pakistan border to a small village where he surrendered his weapon. The detainee walked to a second Pakistani village where he was taken into custody by Pakistani authorities.

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

The detainee was upset that he was misled by Abu Khloud (aka: [sic] Ibraheim Ba'alawi) into doing jihad in Afghanistan. The detainee stated he did not know the Taliban were fighting against Americans but did know they were fighting the Northern Alliance. The detainee stated he opposed Usama Bin Laden [sic] (UBL) because Usama bin Laden's [sic] (UBL) actions were against the Islamic religion. The detainee said he made a mistake by going to Afghanistan and will not make that same mistake. The detainee denied ever being part of al Qaida or ever taking part in any planning against Americans. When released, he will attend a university and study mathematics or physics.
The detainee described al-Qaida and anyone associated with Usama Bin Laden [sic] as "criminals" and blames them for his current predicament. He "hated" Afghanistan and curses the day he set foot in Afghanistan. He did not want to discuss anything regarding Afghanistan. The detainee denied any affiliation with al-Qaeda or anyone associated with Usama Bin Laden [sic].
The detainee stated he has never been asked to pledge a bayat, or oath. He maintains that his only knowledge of al Qaida is through Al Jazeera television broadcasts. The detainee stated he would be willing to undergo a polygraph examination.