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Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdel Qader Hussein (25 October 2005)

UNCLASSIFIED

Department of Defense
Office for the Administrative Review of the Detention of Enemy Combatants

at US Naval Base Guantanamo Bay, Cuba

25 October 2005

To: Al Mudhaffari, Abdel Qader Hussein
Subject: Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudhaffari, Abdel Qader Hussein


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 or to a third state; (2) transfer you to your home state, or a third state, with conditions agreed upon by the United States and your home state, or the third state; or (3) continue your detention under United States control.

3.

The following primary factors favor continued detention:

a. Commitment
The detainee wanted a struggle or jihad and chose to travel to Afghanistan rather than Palestine.
b. Training
A facilitator thought the detainee went to al Farouq as soon as he arrived in Afghanistan.
c. Connections/Associations
  1. A faciliator responsible for moving money and fighters to and from Afghanistan stated he facilitated the travel of the detainee from Yemen to Afghanistan.
  2. The detainee studied under Sheik Muqbil al Wadi. Al Wadi is a supporter of the Taliban and jihad.
  3. An al Qaida operative identified the detainee as a trainer at an advanced training course. The detainee taught topography and weapon use to all the classes at the advanced training camp.
  4. A low level al Qaida operative identified the detainee as a security guard for Usama Bin Laden.
  5. A trusted al Qaida operative identified the detainee as a person in Mullah Omar's compound around 2000.
  6. A facilitator stated the detainee went to Afghanistan in late 1999 or early 2000. He also stated the detainee had been a guard of Usama Bin Laden since approximately August 2001.
  7. A facilitator stated the detainee is a friend of a close associate and trusted guard of Usama Bin Laden. The detainee was also the friend of another detainee.
  8. The other detainee was seen many times at Usama Bin Laden's house.
  9. The facilitator stated he did not know what the detainee did between his arrival in Afghanistan and the time he became a bodyguard, but he did not think he fought on the line.
  10. Foreign Government Service information indicates the detainee was a weapons instructor and served as a bodyguard when he accompanied Usama Bin Laden to Kabul.
Other Relevant Data
The detainee was detained while trying to cross into Pakistan from Afghanistan on 15 December 2001 with 30 suspected al Qaida members.
4.

The following primary factors favor release or transfer:

a.

The facilitator stated he did not think the detainee ever fought with the Taliban because he was against the Taliban.

b.

The detainee stated that he felt the attacks on the World Trade Center and the other attacks in America that day were wrong. He stated that Islam did not permit people to kill innocent people, and it was wrong to declare war on them.

c.

The detainee stated he never fought in the Afghan war against anyone.

d.

The detainee said the Taliban did not recruit him to fight in the war against America.

e.

The detainee said he had never heard of Usama Bin Laden's fatwa against the United States and claimed he never met Usama Bin Laden. He also stated he had no association with the Taliban or al Qaida.

f.

The detainee decided to go to Afghanistan to spread the "truth" to the people of Afghanistan.

5.

You will be provided with a meaningful opportunity to be heard and present information to this Board; this includes an opportunity to be physically present at the proceeding. The Assisting Military Officer (AMO) 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.