Sofiane Haderbache

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Sofiane Haderbache is held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.

The United States Department of Defense, under court order, released the identity of the Guantanamo detainees. On April 20, 2006 they released a list of the names of 558 detainees who were held in Guantanamo Bay in July 2004, when they started conducting Combatant Status Review Tribunals.^[1] On May 15, 2006 they released a list of all the names of all the detainees who had been held in Guantanamo.^[2]

Numerous detainee's names were spelled differently on the two lists -- some of them markedly so. Haderbache's name is not on either list. But the DoD released a memo summarizing the factors for and against his continued detention ^[3]

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 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.

Because of the DoD's confusion over Haderbache's name it is not clear whether he participated 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 detain Haderbache were among the 120 that the Department of Defense released on March 3, 2006.^[3]

[edit] The following primary factors favor continued detention:

a. The detainee was a member of Al Qaida.

The detainee’s travels from France to Afghanistan were facilitated by Al Qaida members.
The detainee trained at the Malik training camp in Afghanistan.
The detainee received training in small arms, RPGs and combat tactics.

b. The detainee engaged in hostilities against US forces.

The detainee was captured on his way to the hospital after being injured when a comrade accidentally detonated a grenade.
The detainee stated he would kill Americans if released.
The detainee sustained significant combat related injuries.
Based upon a review of recommendations from US government agencies and classified and unclassified documents, detainee is regarded as a continued threat to United States and its allies.
Detainee’s Conduct: Overall behavior has been generally non-compliant and aggressive. Detainee has failed to comply with guard’s instructions on a number of occasions. He has been informed to keep his clothes on and has repeatedly disregarded those orders and has stood in his cell naked.
Detainee states that he supports the Taliban belief in a true and complete Islamic state that enforces Islamic law. Detainee adds that his incarceration has not deterred him and should he be released, and given the opportunity, he would still fight jihad with the Taliban. He believes that America is an enemy to Islam.

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

Medical Condition: Detainee’s recorded behaviors, medication history, and utilizaiton pattern of psychiatric services suggest this detainee is regressing.
In his own oral testimony, detainee has repeatedly denied membership to any terrorist group and claimed he did not participate in any fighting and would not kill Americans.