CSRT Summary of Evidence memo for Yusef Abbas

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275
UNCLASSIFIED
COMBATANT STATUS REVIEW BOARD


To: Personal Representative
From: OIC, CSRT (03 November 2004)
Subject: Summary of Evidence for Combatant Status Review Tribunal [ (b)(6) ]


1.

Under the provisions of the Secretary of the Navy Memorandum, dated 29 July 2004, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base Cuba, a Tribunal has been appointed to review the detainee's designation as an enemy combatant.

2.

An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This included any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces."

3.

The United States Government has previously determined that the detainee is an enemy combatant. This determination is based on information possessed by the United States that indicates that he is a member of the Taliban.

a. The detainee is a part of a force associated with al Qaida or the Taliban:
1.

The detainee traveled from China to Afghanistan via Kyrgystan and Pakistan in the summer of 2001.

2.

From approximately 01 August through 01 October 2001, the detainee attended the Uigher training camp in the Tora Bora mountains where he received instruction in the Kalashnikov rifle.

b. The detainee participated in military operations against the United States or its coalition partners.
1.

The detainee participated in the battle of Tora Bora.

2.

The detainee was wounded as a result of coalition bombing, and received medical treatment from the Taliban.

3.

The detainee retreated from Tora Bora to Pakistan in late 2001, where he was arrested by Pakistani authorities.

4.

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. The Tribunal President will determine the reasonable availability of availability of evidence or witnesses.


238
UNCLASSIFIED

Exhibit R-1