Under the provisions of the Deputy Secretary of Defense Memorandum, dated 14 July 2006, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at U.S. Naval Base Guantanamo Bay, Cuba, a Tribunal has been appointed to determine if the detainee is an enemy combatant.
An enemy combatant has been defined as “an individual who was part of or supporting Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces.”
The following facts support the determination that the detainee is an enemy combatant.
In March 2003, one of the detainee’s brothers stated the detainee was involved with a group that he believed to be al Qaida, and as of December 2002 was involved in transporting people across the border of Afghanistan and Pakistan, and points elsewhere.
On 1 May 2003, Iyman Faris pleaded guilty in the United States District Court in Alexandria, Virginia, to providing material support and resources to al Qaida and conspiracy for providing the terrorist organization with information about possible United States targets for attack.
In mid-2001, Iyman Faris (Faris) had dinner and spent the night at the detainee’s family residence in Baltimore, Maryland. Faris stated during this visit the detainee spoke to him about the fighting and struggle in Afghanistan. On a subsequent visit the detainee told Faris he met Khalid Shaykh Mohammed (KSM) in Pakistan and referred to KSM as his uncle. The detainee told Faris of his desire to martyr himself against President Musharaff of Pakistan by detonating a vest of explosives inside a building.
A computer hard-drive seized from a residence where munitions were discovered contained linkages to media seized from the detainee’s residence.
In March 2003, the detainee’s father stated the detainee recently began to be influenced by anti-American thoughts and became extremely religious in his behavior. The detainee’s father believed the detainee had come under the influence of family members in Karachi, Pakistan, who discussed anti-American feelings and could be very destructive.
On 23 November 2005, Uzair Paracha (Paracha) was convicted in United States District Court, Southern District of New York, on charges relating to his provision of material support to the al Qaida terrorist organization. The evidence proved Paracha agreed with two al Qaida members, including the detainee, to provide support to al Qaida by trying to help the detainee obtain a travel document that would have allowed the detainee to re-enter the United States to commit a terrorist act.
In February and March 2003, Uzair Paracha (Paracha) posed as the detainee during telephone calls with the United States Immigration and Naturalization Service, called the detainee’s bank, and attempted to gather information about the detainee’s immigration paperwork via the Internet. Paracha also agreed to use the detainee’s credit card to make it appear that the detainee was in the United States, when in fact the detainee was in Pakistan.
On 29 March 2003, a search of Uzair Paracha’s bedroom in Brooklyn, New York, revealed a Bank of America visa check card in the name of the detainee and five different identification cards for the detainee, including one Maryland drivers license and one social security card.
Uzair Paracha (Paracha) stated he knew from his father the detainee and a second individual were al Qaida. The detainee and the individual wanted to give Paracha and his father between 180,000 and 200,000 United States dollars to invest in their company as a loan. Paracha stated he knew the money was al Qaida money and that al Qaida wanted to keep the money liquid so they could have it back at a moments notice. Paracha felt it was implied that he had to perform tasks for the detainee and the individual on behalf of al Qaida because of the money being loaned to their business.
The detainee has the opportunity to contest his designation as an enemy combatant. The Tribunal will endeavor to arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemy combatant and that is deemed relevant to that issue. The Tribunal President will determine the reasonable availability and relevance of evidence or witnesses.