Classified Record of Proceedings and Basis for Administrative Review Board Decision for ISN 588 (Mana Shaman Allabardi Al Tabi)

by OARDEC

CLASSIFIED RECORD OF PROCEEDINGS AND BASIS FOR
ADMINISTRATIVE REVIEW BOARD DECISION FOR ISN 588

(U) Introduction

(U) The Administrative Review Board (ARB) determined ISN 588 continues to be a threat to the United States and its allies. In reaching this determination, the ARB considered both classified and unclassified information. The following is an account of the proceedings and the factors the ARB used in making its determination.

(U) Synopsis of Proceedings

(U) The Enemy Combatant (EC) declined to attand that ARB was convened and conducted its proceedings without the EC present. The Designated Military Officer (DMO) presented the unclassified summary, both in a written form and with an oral summary of the unclassified factors.

(U) The Assisting Military Officer (AMO) presented the Enemy Combatant Notification as Exhibit EC-A, identified herein as Enclosure (2). The AMO then presented the Enemy Combatant Election Form as Exhibit EC-B, identified herein as Enclosure (3). Exhibit EC-B verified that the Enemy Combatant Notification had been accomplished and that the ARB procedures had been explained. Exhibit EC-B also indicated that the AMO had scheduled an interview with the EC on two separate occasions and on both occasions the EC refused to exit his cell to attend the interview.

(U) The Presiding Officer queried the AMO to ascertain that the EC understood the purpose and procedures involved in the ARB process. The AMO confirmed that a copy of the Unclassified Summary of Evidence for Administrative Review Board translated into the EC's native language was provided to the EC, but that the AMO had no direct contact with the ED due to the fact that the EC had refused to exit his cell to attend the interview. The AMO then read his written comments from the Enemey Combatant Election Form.

(U) The Board queried the AMO further to ascertain whether the EC was constrained by medical reasons from attending the interview and the AMO stated that he had been informed that the EC had no medical condition preventing his participation in either the interview of the ARB itself.

(U) The unclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel members reviewed the classified exhibits and the DMO and AMO answered questions posed by the Board. The session was then closed for deliberation.

(U) Primary Documents, Assessments, Testimony, and other Considerations by the Administrative Review Board

(S/NF)                                    

(U) The following government agency assessments considered by the ARB are summarized as follows:

(S/NF)                                    

(U) The following government agency assessments considered by the ARB are summarized as follows:

(S/NF)                                                

(S/NF)            

(FOUO/LES)                        

(S/NF)                                                

(S/NF)                                                

(U) Discussion of the primary factors (including intelligence value and law enforcement value of the Enemy Combatant)

(U) The information presented to the ARB supports the recommendations made by the reporting agencies.

(U) The "Copies of Documented Evidence" package was reviewed for information from agencies known to perform original intelligence collection (interviews) directly from the EC (CITF, FBI and JTF-GTMO). For this reason, and the fact that other documents generally appear to have derived their information from them, the Board primarily cites those original intelligence and collection documents. However, the Board carefully considered all provided documents, and cites those that provide differing or additional information as well.

a.

(U) Recruitment

(S/NF)            

*	(S/NF)
	(S/NF)
	(S/NF)

b.

(U) Travel

(S/NF)                        

*	(S/NF)
	(S/NF)

c.

(U) Combat and capture

*

(S/NF)                        

*

(S/NF)

d.

(U) Individual affiliations

(S/NF)            

*	(S/NF)
	(S/NF)

e.

(U) Behavior

(S/NF)                      

	(S/NF)
	(S/NF)

f.

(U) Written and/or oral testimony from the EC

(U) The Board took special note of the following items during the deliberation:

*	(U) The EC declined to be interviewed by the AMO or to participate in any way in the ARB process.

g.

(U) Factors in support of release

(S/NF)
*	(U) No letters from family members regarding this EC were submitted.
*	(U) Government of Saudi Arabia did not submit a letter on behalf of this EC.

h.

(U) Level of Threat Summary

(S/NF)

                                 

*	(S/NF)
*	(S/NF)
*	(S/NF)
*	(S/NF)

i.

(U) Intelligence Value Summary

*

(S/NF)                      

*

(S/NF)                                                

*

(S/NF)

j.

(U) Agency Recommendations

(S/NF)                                                

(U) Considerations by the Administrative Review Board on Enemy Combatant's requests for witness statements and home country statements provided through the United States

(U) The EC is a citizen of Saudi Arabia.

(U) No witness or home country statements were provided.

(U) Consultations with the Administrative Review Board Legal Advisor

(U)        

(U) Conclusions and Recommendations of the Administrative Review Board

(U) Upon careful review of all the information presented, the ARB makes the following determination and recommendation:

(S/NF)                                                

(S/NF)                                                

(S/NF)                                                

(U) The Board unanimously recommends ISN 588 for  .

(U) Dissenting Board Member's report

(U) The Board reached a unanimous decision.