Unclassified summary of evidence for administrative review board in the case of Al Hami, Rafiq Bin Bashir Bin Jalud (2007-02-12)

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UNCLASSIFIED

Department of Defense
Office for the Administrative Review of the Detention of Enemy Combatants at U.S. Naval Base Guantanamo Bay, Cuba

12 February 2007

TO: AL HAMI, RAFIQ BIN BASHIR BIN JALUD
SUBJECT:

UNCLASSIFIED SUMMARY OF EVIDENCE FOR ADMINISTRATIVE REVIEW BOARD IN THE CASE OF AL HAMI, RAFIQ BIN BASHIR BIN JALUD

1.

An Administrative Review Board will be convened to review your case to determine if your continued detention is necessary.

2.

The Administrative Review Board will conduct a comprehensive review of all reasonably available and relevant information regarding your case. At the conclusion of this review the Board will make a recommendation to: (1) release you to your home state ; (2) transfer you to your home state, with conditions agreed upon by the United States and your home state; or (3) continue your detention under United States control.

3.

The following primary factors favor continued detention:

a. Commitment
  1. The detainee traveled from Tunis, Tunisia, to Frankfort , Germany, using a Tunisian passport with his true name. Once in Germany, the detainee applied for asylum by using the name Ayman Bin Nasro.
  2. In late 1999, while in Frankfort, Germany, the detainee used documentation in the name of Aiman Ben Nasru. The detainee claimed he was born on 20 December 1979 and his nationality was Libyan. The nationality and date of birth were false.
  3. The detainee earned money or a commission by arranging for Germans , French and

other nationalities to meet up with Arabs who were selling drugs..

  1. The detainee was arrested more than fifty times by the German Polizei, but never charged because he never carried drugs on his person.
  2. The detainee attended a Turkish mosque in Frankfort, Germany. The detainee met an Algerian at the mosque who suggested the detainee go to Pakistan in order to get his life straight.
  3. The Algerian the detainee met at the Turkish mosque put the detainee in touch with a different Algerian who provided the detainee with a fraudulent Italian passport and tourist visa for his travel to Pakistan.
  4. The detainee paid 200 German Marks for the passport, which was under the name Marinelle Escalu. The detainee also purchased his own airline ticket with money he made from selling drugs.
  5. The detainee traveled alone and did not have any trouble entering Pakistan with his false documents.
  6. The detainee and another individual traveled from Islamabad, Pakistan, to Peshawar, Pakistan, then to the border with Afghanistan.. They dressed like Afghans and crossed the border into Afghanistan without having the guards check their identification.
  7. From Khalden camp, the detainee traveled to Kandahar, Afghanistan to attend the institute to study the Koran. The detainee stayed at the institute for eight months studying.
  8. The detainee traveled to Lahore, Pakistan, where he joined the Lashkar al Tayibah Organization.
  9. During an interview in March 2002, the detainee reported that in January 2002 he traveled to Quetta, Pakistan and onward to Zahedan, Iran for a religious trip sponsored by the Lashkar Organization. The Iranians subsequently arrested the detainee on 29 January 2002.
  10. During an interview in February 2003, the detainee reported he fled Pakistan because he was afraid he would be arrested after the attacks on America. The detainee traveled to Zahedan , Iran, using a guide. The Iranians stopped the detainee when he reached Zahedan, and he was arrested because he did not have any identification.
b. Training
  1. During an interview in March 2002, the detainee reported he attended Khalden camp in approximately December 2000. The detainee received light weapons training, along with combat training, for three months.
  2. During an interview in March 2003 the detainee reported he received light weapons training, heavy artillery and anti-aircraft weapons training from three separate instructors.
c. Connections/Associations
  1. The detainee stayed with a Tunisian while in Jalalabad, Afghanistan. The Tunisian was a member of Al Nahdah, an extremist Islamic party in Tunisia.
  2. The institute the detainee attended in Kandahar, Afghanistan was called the Shari a Institute. The institute was closely associated with Usama bin Laden and located near Usama bin Laden's family residence.
  3. The detainee was a former Usama bin Laden bodyguard.
d. Other Relevant Data
  1. During an interview in June 2004, the detainee clarified that he did not attend Khalden Training Camp. The detainee advised that all previous information he provided about training at the Khalden Camp and weapons use was not true.
  2. In January 2005, the detainee was questioned about his travel to Italy, prior to his arrival in Germany. The detainee indicated he did not recall how he entered Italy from Tunisia, and he denied having a place to stay once he was in Italy. During further questioning about Italy, the detainee refused to speak.
  3. The detainee advised he will have a problem if he is returned to Tunisia. The Tunisian government believes that anyone who went to Afghanistan went there to fight so they could come back to Tunisia and overthrow the government.
  4. During an interview in July 2005, the detainee chanted during the entire interrogation and did not respond to the interrogator.
  5. During an interview in September 2005, the detainee did not talk at all during the session and was uncooperative.
  6. The detainee sees jihad as necessary only when non-Muslims attack Muslims and/or for defending a Muslim country from assault on their religion.
  7. Per the detainee, the killing of innocent civilians is not allowed in the Muslim religion.
  8. The detainee denied knowing of any extremist groups at Khalden Camp. The detainee

reported he is a normal guy with no extremist affiliations.

  1. The detainee stated that the idea that al Qaida calls non-Muslims infidels is wrong. The

detainee stated suicide bombers are not martyrs; suicide bombers are just committing suicide, which is wrong.

4.

The following primary factors favor release or transfer:

a.

The detainee was encouraged to attend a religious training school in Pakistan. The detainee was not shown any training videos or provided with any written documents about the religious school, but was told that it would be a good way for him to recover from his drug use.

b.

When the detainee left Germany, he did not have any desire or thought of going to Afghanistan. The detainee was only going to Pakistan so he could study Islam.

c.

The detainee never. heard any discussion of jihad while attending the Islamic Law Institute in Kandahar, Afghanistan.

d.

When the detainee heard that Muslims were involved in the aircraft flying into the World Trade Center in New York City, he was surprised that Muslims would be responsible for killing innocent people. The detainee had no previous knowledge that this incident would happen.

e.

The detainee reported he is not at Qaida and does not know anyone who belongs to at Qaida.

f.

The detainee denied going to Afghanistan in order to learn to fight and overthrow the Tunisian government.

g.

The detainee has never belonged to any armed or fighting Tunisian or Algerian Islamic groups. The detainee has heard of the Algerian Armed Islamic Group, but he does not belong to it.

h.

The detainee has never thought about harming the United States and stated that he never would. When the detainee heard about the 11 September 2001 attacks, it made him sad.

i.

The detainee stated he never saw any propaganda videos about jihad. The detainee's intention was not to go to fight Americans or United States Allies, but to study the Koran.

j.

The detainee stated he had no association with Usarna bin Laden, and therefore, no opinion of the man. The detainee related any information pertaining to him being a bodyguard for Usama bin Laden was false.

k.

The detainee denied seeing Usama bin Laden or other top al Qaida leaders when he was in Kandahar, Afghanistan. The detainee denied that any of the people he had stayed with during his travels talked about jihad or future attacks.

5.

You will be afforded a meaningful opportunity to be heard and to present information to the Board; this includes an opportunity to be physically present at the proceeding. The Assisting Military Officer (AMU) will assist you in reviewing all relevant and reasonably available unclassified information regarding your case. The AMO is not an advocate for or against continued detention, nor may the AMO form a confidential relationship with you or represent you in any other matter. _