Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10023

UNCLASSIFIED

Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10013

OPENING

Recorder:	All rise.
President:	You may be seated. This hearing shall come to order.
Recorder:	This Tribunal is being conducted at 1422 [hours] 28 April 2007 on board U S. Naval Base Guantanamo Bay, Cuba. The following personnel are present: Colonel [REDACTED], United States Air Force, President; Lieutenant Colonel [REDACTED], United States Air Force, Member; Lieutenant Colonel [REDACTED], United States Marine Corps. Member; Lieutenant Colonel [REDACTED], United States Air Force, Personal Representative; Gunnery Sergeant [REDACTED], United States Marine Corps, Reporter; Lieutenant Colonel [REDACTEDT, United States Army. Recorder Lieutenant Colonel [REDACTED], is the Judge Advocate member of the Tribunal.

OATH SESSION 1

Recorder:	All rise.
President:	The Recorder will he swom, Do you, Lieutenant Colonel  , swear or nftinn that you will faithfully perform the duties as Recorder assigned to this Tribunal, so help you God.
Recorder:	I do.
President:	The Reporter will now he sworn. The Recorder will administer thc oath.
Recorder:	Do you, Gunnery Sergeant   swear or affirm that you will faithfully discharge your duties as Reporter assigned in this Tribunal, so help you God?
Reporter:	I do.
President:	You may be seated.

CONVENING AUTHORITY

President:	This Tribunal is convened by the order of the Director? Cornbutzxnt Status Review Tribunals uncle: the protlslons nfhis Order o$`27 April ZOOT
President:	This Tribunal will determine whether Guleed Hassan Altmed meets the criteria to he designated as an enemy combatant against me United States or its coalition partners or otherwise meets the criteria to be designated as an enemy combatant.

OATH SE5§ION 2

President:	The rnetnbcrs-· the members of this Tribunal shall now he sworn. All risc
Recorder:	Do you swear or afirm that you will faithfully perform your duties as a member of this Tribunal; that you will impartially examine and inquire into the matter now before you according to your conscience and the laws and regulations provided; that you will make such Endings oftact and conclusions as are supported bythe evidence presented; that in determining, those facts, you will use your professional knowledge, bestjudgments and common sense; and that you will make such findings as are appropriate according to the best of your understanding of the rules, regulations, and laws governing this proceeding, and guided by your eonwpt of justice, so help you God?
Members:	I do.
President:	The Recorder will now administer the oath to the Personal Representative.
Recorder:	Do you swear or athrm that you will faithfully perform the duties of Personal Representative in this Tribunal, so help you God?
Personal Rep:	I do.
President:	Please be seated.

PRESENTATION OF UNCLASSIFIED INFORMATION

President:	Personal Representative, please provide the Tnbunal with the Detainee Election Form.
Personal Rep:	I am handing the Tribunal the Detatnee Election Form. which was previously marked as Exhibit D—a.
President:	Personal Representative, I note on thc Detainee lilection Form that the Detaince had marked, or you have marked, that the Detaince wished to participate in the Tribunal·- that you've also added that he does not want to attend the Tribunal hearing, ls that correct'?
Personal Rep:	Yes. Sir.
President:	Cart you explain how the Dctainee made the- the" these election?
Personal Rep:	Sir, I asked the Dctainee 1{he would like to attend thc Tribunal on two occasions · both meetings l had with him — and hc elected not to attend.
President:	Very well,
President:	I also note that the Dctainee Election Form shows that he wants the assistance of thc Personal Representative, yourself ls that correct`?
Personal Rep:	That is correct, Sir.
President:	Very well, We will continue this hearing without the Dctainec being present.

RECORDER PRESENT§ UNCLASSIFIED

President:	Recorder. plcasc provide the Tribunal with the unclassified evidence
Recorder:	l am handing the Tribunal what has previously been marked as Exhibit R-} , the unclassified Summary of the Evidence, that rclates to this Detainee’s status as an enemy combatant. A translated copy of this exhibit was providcd to the Personal Representative in advance of this hearing for presentation to the Detainec. In addition, l am handing to the Tribunal thc following unclassified exhibit marked as Exhibit R·2. A cop) of this exhibit has previously been provided to thc Personal Representative
President:	Recorder, please read the unclassified Surrmtary of Evidence for the record
Recorder:	The following facts support the determination that the Detainee is an enemy combatant: Paragraph a. The Detzrincc was recruited by a senior at Qaida operative who participated in the l99S bombing of the United States Embassy in Kenya and the 2002 Mombasa, Kenya attacks. This senior al Qaida operative considered himself the senior al Qaida officer for the Hom of Alrica Paragraph b. The Detainee was identilied as a prominent Al-lttihad al- lslarnijihadist faction member. Paragraph c The United States Department of liomelan. Hliomeland Security Terrorist Organimtion Reference Guide placed Al»lttihad al-lslarni
Personal Rep:	Yes. Sir.
President:	Cart you explain how the Dctainee made the- the" these election?
Personal Rep:	Sir, I asked the Dctainee 1{he would like to attend thc Tribunal on two occasions · both meetings l had with him — and hc elected not to attend.
President:	Very well,
President:	I also note that the Dctainee Election Form shows that he wants the assistance of thc Personal Representative, yourself ls that correct`?
Personal Rep:	That is correct, Sir.
President:	Very well, We will continue this hearing without the Dctainec being present.

RECORDER PRESENT§ UNCLASSIFIED

President:	Recorder. plcasc provide the Tribunal with the unclassified evidence
Recorder:	l am handing the Tribunal what has previously been marked as Exhibit R-} , the unclassified Summary of the Evidence, that rclates to this Detainee’s status as an enemy combatant. A translated copy of this exhibit was providcd to the Personal Representative in advance of this hearing for presentation to the Detainec. In addition, l am handing to the Tribunal thc following unclassified exhibit marked as Exhibit R·2. A cop) of this exhibit has previously been provided to thc Personal Representative
President:	Recorder, please read the unclassified Surrmtary of Evidence for the record
Recorder:	The following facts support the determination that the Detainee is an enemy combatant: Paragraph a. The Detzrincc was recruited by a senior at Qaida operative who participated in the l99S bombing of the United States Embassy in Kenya and the 2002 Mombasa, Kenya attacks. This senior al Qaida operative considered himself the senior al Qaida officer for the Hom of Alrica Paragraph b. The Detainee was identilied as a prominent Al-lttihad al- lslarnijihadist faction member. Paragraph c The United States Department of liomelan. Hliomeland Security Terrorist Organimtion Reference Guide placed Al»lttihad al-lslarni on thc Terrorist Exclusion List, An organization placed on the Terrorist Exclusion List is known to commit. or incite to commit, acts which can cause death or serious bodily injury, prepares or plans a terrorist activity, gathers information on potential targets hir terrorist activity. or provides material support to t`urther terrorist activity. Paragraph d. The Al-Ittihad al-lslamijihadist faction suftered significant blows and setbacks with the arrest of thc Dctamee and three other individuals. Paragraph e. As of2004, the Al—Ittihad al-lslami jihadist faction in the llorn of Africa was aliiliated with al Qaida and were in direct contact with Pakistan-based al Qaida operatives. Paragraph f The Detainec was a welhtrained fighter, who trained in guerilla warfare tactics, explostves. and marksmanship in the tribal border area between Pakistan and Afghanistan in the early l990s. The Detatnee later trained at the Al-lttihad al-lslami training camp in Lugh, Somalia. Paragraph g. ln 2002, the Detainee participated in Al-lttihad al-lslami operations in Mogadishu. Somalia. which involved killing Ethiopian nationals and individuals believed cooperating with the-~ with the Ethiopians. Paragraph h. l`he Detainee was named an al Qaida Djibouti cell leader and senior facilitator. Sir. this concludes the summary of unclassiticd evidence.
President:	Personal Representative. does the Detalnee have any evidence to present to this Tribunal?
Personal Rep:	Yes. Sir, l am handing to the Tribunal thc following unclassified exhibit marked as Exhibit D—b. A copy of this exhibit has previously been provided to the Recorder. This exhibit is a one-page document that represents the Dctainee‘s response-- responses to the unclassified Summary of Evidence. It is signed and dated by the Detttinee, Guleed Hassan Ahmed, and the Ltetainee hm asked that I read it to the Tribunal.
President:	Thank you. Personal Representative. Wc’ll have this read into the hearing shortly
President:	Does the Recorder have any hirther nnclassilied evidence'?
Recorder:	Mr. President, l have no further unclassitied evidence for the 'i nbunal, but l respectfully request a closed Tribunal session at an appropriate time ro present classiticd evidence relevant to this Detairretfs status as an cnemy combatant.
President:	Recorder. your request for a closed session is granted and will be taken iu due course, We’ll now pause briefly to permit the Tribunal members time to read the unclassified evidence. [Tribunal paused for live minutes for review].
President:	[The] Tribunal has completed its review of the unclassined evidence provided. We do have one questron for the Recorder ls Somalia, Ethiopia and/or Kenya a coalition partner?
Recorder:	Somalia is not; Ethiopia rs; and Kenya is, a coalition partner of the United States
President:	Very well. Thank you.
President:	At this point in the hearing, we']! receive the Detainee’s statement that I understand that the Personal Representative has. Personal Representative, you may proceed with reading his prepared statement.
Personal Rep:	Yes, Sir. The Dctainee responds to the following subparagraphs from thc unclassified Summary of Evidence with the following key points: SUBTARAGRAPIVI 3-b. "l am not a member of any Al-Ittihad al-Islami jihadist faction. However, I did lightjihad alongside Al·lttihad against Ethiopiztns. which is my right to do." SUIHJARAGRAPI-I 3—e. "I was arrested and detained in 2004. And even before 2004, this did not conccrn me because I was not a member of Al» Ittihad and l did not have any knowledge of such an affiliation." SUB-PARAGRAPII 3-f "My training was solely for the purpose of lighting in Somalia. but not against Americans. I never had training in Lugh, Somalia. Why would I need training there if I already had training in Afghanistan? SUB-PARAGRAPH 3-g. ‘“I never participate-- participated in Al-Ittilrad al» Islami operations in Mogadishu, Somalia against Ethiopians. There never were such operations. lf Ethiopian mem-- military members came to Mogailishu. I would defend against them. That rs my right to do as a Somali. but it is against my religious beliefs to tight against ctvilians." SUB-PARAGRAPII 3»h. "'l`hrs statement is not tnze." Sire that concludes the Derainee‘s responses to the unclassified Summary of Evidence.
President:	Thank you.

CALLING OF WITNESSES

President:	We will now allow for the calling ol witnesses. All witnesses called before this Tribunal may be questioned by the Personal Representative. thc Recorder and the Tribunal Members and the Detainee if he were present, which is not the case. Does the Recorder have any witnesses to present?
Recorder:	No, Sir.
President:	And l note from the Detainee Election Form provided to the Tribunal earlier that the Detainee has not requested any witnesses nor any evidence be produced. ls that correct?
Personal Rep:	That is correct, Sir.
President:	Very well.

CLOSING UNCLASSIFIED SESSION

President:	All unclassified evidence having been provided to the Tribunal, this concludes the open Tribunal session.
President:	Guleed Hassan Ahmed shall be notified of the Tribunal decision upon completion of the review of these proceedings by the Comhatant Status Review Tribunal convening authority in Washington D.C

ADJOURN OPEN SESSION

President:

The open session of this Tribunal hearing is adjourned. RECORDER: The time is 1439 [hours]. The date is 28 April 2007. All rise.

AUTHENTICATION

I certify the material contained in this transcript is a true and accurate verbatim rendering of the testimony of the Combatant Status Review Tribunal of ISN 10023.

  Colonel USAF
Tribunal President