Summary of Evidence memo for Combatant Status Review Tribunal -- Shalabi, Abdul Rahman

by OARDEC

UNCLASSIFIED
COMBATANT STATUS REVIEW BOARD

To:	Tribunal Members
From:	OIC, CSRT (26 October 2004)
Subject:	Summary of Evidence for Combatant Status Review Tribunal -- Shalabi, Abdul Rahman

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 the detainee is a member of al Qaida and participated in military operations against the United States and its coalition partners.

a.

The detainee is a member of al Qaida:

1	The detainee traveled from his home in Saudi Arabia to Afghanistan, via Pakistan.
2	While serving with al Qaida in Afghanistan, the detainee used the alias of Saqr Al Madani.
3	The detainee served as a bodyguard to Usama Bin Laden from 1998 until June 2001.
4	The detainee received back injuries during the 1998 bombing of al Qaida facilities in Afghanistan.

b.

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

1	The detainee was present at the battle of Tora Bora.
2	The detainee carried an AK-47 on the battlefield.
3	Pakistani security forces captured the detainee in the company of 29 other Arabs attempting to enter Pakistan.

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.

UNCLASSIFIED