Summary of Evidence for Combatant Status Review Tribunal -- Al Busayss, Adil Said Al Haj Obeid

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Summary of Evidence for Combatant Status Review Tribunal -- Al Busayss, Adil Said Al Haj Obeid  (2004) 


To: Tribunal Member
From: OIC, CSRT (3 September 2004)
Subject: Summary of Evidence for Combatant Status Review Tribunal - Al Busayss, Adil Said Al Haj Obeid


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.


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."


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 Taliban fighter.

a. The detainee is a Taliban fighter:
  1. The detainee, a Yemeni citizen, admitted he traveled from Sanaa, Yemen through Karachi, Pakistan to Kabul, Afghanistan to attend a Taliban training camp during the beginning of Ramadan, 2000.
  2. The detainee attended the training camp north of Kabul, Afghanistan, for one month, during which he received training on hand grenades, Rocket Propelled Grenades, Kalishnikov ' rifles, machine guns, and physical training.
  3. The detainee was issued a Kalishnikov rifle and ammunition, two hand grenades, and a machine gun.
  4. The detainee stated that on the front line, there was no differentiation between the Taliban and al Qaeda fighters; they fought alongside each other.
b. The detainee participated in military operations against the coalition.
  1. The detainee fought with the Taliban on the front line for 2-3 months.
  2. The detainee's unit withdrew from their fighting positions three days prior to Ramadan 2001 (November-December 2001).
  3. When detainee's leader advised the fighters could stay, or escape, the detainee left Tora Bora with others to Pakistan.
  4. The detainee then traveled to Pakistan where he surrendered his weapon and was arrested by Pakistani police in December 2001.

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.