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Ali Yahya Mahdi Al Raimi is a Yemeni who was captured and transferred to the United States Guantanamo Bay Naval Base, in Cuba.[1]

The Department of Defense assigned him the Internment Serial Number 167 and estimates that he was born in 1984 in Sana'a, Yemen.[2]

As of May 18, 2010, Ali Yahya Mahdi al Raimi has been held at Guantanamo for eight years.[3]

Main article: minors detained in the global war on terror

Combatant Status Review Tribunal[]

File:Trailer where CSR Tribunals were held.jpg

Combatant Status Review Tribunals were usually held in a trailer.

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 Ali Yahya Mahdi Al Raimi's Combatant Status Review Tribunal, on 2 September 2004. The memo listed the following allegations against him:[3]

a. The detainee is a member of Al Qaeda:
  1. The detainee admitted that he traveled from Yemen to Afghanistan to help fight in the war during the middle of 2001.
  2. The detainee stated that he attended the Al Farouq training camp during late August 2001.
  3. The detainee stated that he traveled to the Tora Bora Mountains during late 2001.
b. The detainee participated in military operations against the United States or its coalition partners.
  1. The detainee stated that he was trained on and carried an AK-47 while at the Al-Farouq training camp.
  2. The detainee stated that he had an AK-47 when he left the Al-Farouq training camp.
  3. The detainee stated that he was arrested by the Pakistani Army and was sent to the Peshawar prison prior to being taken to the prison in Kandahar by the American forces.


Transcript[]

Ali Yahya Mahdi Al Raimi attended his Tribunal.[4]

Habeas corpus[]

A writ of habeas corpus was submitted on Ali Yahya Mahdi Al Raimi's behalf.[5] In response the Department of Defense released 34 pages of unclassified documents arising from his Combatant Status Review Tribunal.

Administrative Review Board hearing[]

File:ARB trailer.jpg

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[6]

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 Al Raimi were among the 121 that the Department of Defense released on March 3, 2006.[7]

The following primary factors favor continued detention

a. Commitment
  1. The detainee is a member of al Qaeda.
  2. The detainee stated he traveled to Tora Bora Mountains in late 2001.
  3. The detainee stated he was arrested by Pakistani Army soldiers and was sent to Peshawar prison prior to being taken to prison in Kandahar by United States forces.
b. Training
  1. The detainee stated he attended the al Farouq training camp in late August 2001.
c. Intent
The detainee admitted he traveled from Yemen to Afghanistan to help fight in the war during the middle of 2001.
d. Combatant Status Review Tribunal
The CSRT concluded the detainee's intention to travel to Afghanistan was to participate in weapons training at al Farouq, a known al Qaida training facility.
e. Other Relevant Data
The detainee's country of origin does not participate in joint enforcement of the global war on terrorism.


The following primary factors favor release or transfer

a. The detainee, in his oral statement, denied being a member of al Qaida and denied the veracity of most allegations made against him in the unclassified summary.
b. The detainee related he went to Afghanistan reluctantly.


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.[8][9] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on June 3, 2005.

Release[]

Mark Falkoff told the Yemeni Times that he had to threaten legal action to get the Pentagon to release a list of the Yemenis who had already been cleared for release.[10] The Yemeni Times reported that the Pentagon had cleared some of the captives for release as early as June 2004 — which precedes the first Combatant Status Review Tribunal by over a month.

References[]

  1. documents (.pdf) from Ali Yahya Mahdi Al Raimi's Combatant Status Review Tribunal - - mirror page 55
  2. OARDEC (2006-05-15). "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  3. 3.0 3.1 The Guantanamo Docket - Ali Yahya Mahdi al Raimi
  4. Summarized Sworn Detainee Statement [1] OARDEC
  5. "Ali Yahya Al Raimi v. George W. Bush" (PDF). United States Department of Defense. 1 October 2004. http://wid.ap.org/documents/detainees/aliyahyaalraimi.pdf. Retrieved 2007-12-05. 
  6. Review process unprecedented [2] Spc Timothy Book Friday March 10, 2006
  7. Factors for and against the continued detention (.pdf) of Ali Yahya Mahdi Al Raimi Administrative Review Board - page 88
  8. OARDEC (31 May 2005). "Administrative Review Board assessment and recommendation ICO ISN 167". United States Department of Defense. pp. page 70. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#70. Retrieved 2007-12-05. 
  9. OARDEC (3 February 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 167". United States Department of Defense. pp. pages 71–74. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000276-000384.pdf#71. Retrieved 2007-12-05. 
  10. Yemeni detainees are the largest group at Guantánamo [3] Amel Al-Ariqi March 11, 2007

External links[]


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