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Unclassified Summary of basis for Tribunal Decision -- ISN 552

UNCLASSIFIED//FOUO

UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION

(Enclosure (1) to Combatant Status Review Tribunal Decision Report)

TRIBUNAL PANEL: 5

ISN #:  

1. Introduction

As the Combatant Status Review Tribunal (CSRT) Decision Report indicates, the Tribunal has determined that this detainee is properly classified as an enemy combatant and is a member of, or affiliated with, al-Qaida. In reaching its conclusions, the Tribunal considered both classified and unclassified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRT Decision Report.

2. Synopsis of Proceedings

The unclassified summary of evidence presented to the Tribunal by the Recorder indicated that the detainee:

a.

Traveled to Afghanistan to participate in Jihad.

b.

Has family ties to an al-Qaida cell that killed a U.S. soldier in Kuwait.

c.

Recruited personnel to participate in the Jihad in Afghanistan and arranged their travel.

d.

Had resided at a guesthouse with knowna l-Qaida operatives while in Pakistan.

e.

Received weapons training at the Khaldan Training camp in Afghanistan where Usama bin Laden personally provided religious insmaction and training.

f.

Received additional training at the al Farouq training camp to include explosives. Usama bin Laden was also at this camp along with individuals who were involved in the 11 September 2001 attacks. The detainee chose not to participate in the Tribunal process. He had requested two witnesses. The Tribunal President found the requested witnesses .not to be relevant to the Tribunal process. The Tribunal President’s evidentiary mad witness rulings are explained below.

3. Evidence Considered by the Tribunal

The Tribunal considered the following evidence in reaching its conclusions:

a.

Exhibits: D-a and R-1 through R-16.

4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses

The Detainee requested the following witnesses be produced for the hearing:

Witness President's Decision Testified?
    Not Relevant No*
Sheik Mohammed Ali Allah Arrahmani Not Relevant No*

* The Tribunal President denied both witness requests.     the Detainee’s father. The Detainee indicated that the father would know the reason why the Detainee had left Kuwait. The President considered the request but since the reason for the Detainee leaving Kuwait was not a factor in the Detainee’s enemy combatant determination, the President ruled that the witness’ testimony was not relevant to the Tribunal’s decision so the request was denied. The Detainee failed to provide any relevancy justification for his witness request of Sheik Mohammed Ali Allah Arrahmani, so the Tribunal President denied the witness request. The Detainee requested no additional evidence be produced.

5. Discussion of Unclassified Evidence

The Tribunal considered the following unclassified evidence in making its determinations. The recorder offered Exhibits R-1 and R-2 into evidence during the unclassified portion of the proceeding, Exhibit R-1 is the Unclassified Summary of Evidence. While this summary is helpful in that it provides a broad outline of what the Tribunal can expect to see, it is not persuasive in that it provides conclusory statements without supporting unclassified evidence. Exhibit R-2 was the response to a questionnaire that had been provided to the Detainee~s family, The information in the questionnaire was unsworn and provided no usable evidence, Accordingly, the Tribunal had to look to classified exhibits for support of the Unclassified Summary of Evidence. The Tribunal also relied on certain classified evidence in reaching its decision. A discussion of the classified evidence is found in Enclosure (2) to the Combatant Status Review Tribunal Decision Report.

6. Consultations with the CSRT Legal Advisor

No issues arose during the course of this hearing that required consultation with the CSRT legal advisor.

7. Conclusions of the Tribunal

Upon careful review of all the evidence presented in this matter, the Tribunal makes the following determinations:

a.

The detainee was mentally and physically capable of participating in the proceeding. No medical or mental health evaluation was deemed necessary.

b.

The detainee understood the Tribunal proceedings. The Personal Representative spent 45 minutes explaining the process to the Detainee. The Detainee originally indicated that he wantedt o participate. Howevera, fter the Tribunal President denied his witness request, the Detainee changed his mind and chose not to participate in the Tribunal process, as indicated in Exhibit D-a.

c.

The detainee is properly classified as an enemy combatant and is a member of, or affiliated with, al-Qaida.

8. Dissenting Tribunal Member’s report

None. The Tribunal reached a unanimous decision.

Respectfully submitted,

  
  
 , Colonel, USAF
Tribunal President

Tribunal President Colonel, USAF UNCLASSIFIED//FOUO ~SN ~ Enclosur(e1 ) Page3 of 3 2751