Khalid Bin Abdullah Mishal Thamer Al Hameydani
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Khalid Bin Abdullah Mishal Thamer Al Hameydani (also known as Khalid Abdullah Mishal Thamer Al Mutayri and Nasser al-Mutairi) was captured and detained in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His Guantanamo detainee ID number is 213. The US Department of Defense reports that he was born on June 18, 1975, in Kuwait City, Kuwait.
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[edit] Identity
The US Department of Defense was forced, by court order, to release the names of the captives taken in the "war on terror" who were held in Guantanamo. On April 20, 2006 they released a list of 558 names, nationalities and ID numbers, of all the captives whose status as "enemy combatants" had been reviewed by a Combatant Status Review Tribunal.[1] Twenty-five days later they released a list of 759 names, nationalities, ID numbers, dates of birth, and places of birth, of all the captives in Guantanamo -- who had been held in military custody.[2] The name of the captive with ID number 213 was spelled as:
- "Khalid Bin Abdullah Mishal Thamer Al Hameydani" on the first list and
- "Khalid Abdullah Mishal Thamer Al Mutayri" on the second list.
The Department of Defense has not made any attempt to correct the discrepancies between the two official lists.
[edit] Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Al Hameydani chose to participate in his Combatant Status Review Tribunal.[3]
[edit] allegations
The allegations against Al Hameydani were:
- a Detainee is associated with the Taliban and al Qaida.
- The detainee worked for Al Wafa, an al Qaida associated organization.
- Detainee’s name and phone number were known to an al Qaida leader.
- Detainee received training at Lashkar e-Taiba.
- b Detainee engaged in hostilities against the US or its coalition partners.
- The detainee fought against the Northern Alliance at Tora Bora and Talaqoun.
- Detainee operated an anti-aircraft gun at Talaqoun.
- Detainee was among 84 Mujahidin fighters captured by the Pakistani government in Nangarhar Province.
[edit] Personal Representative’s notes
His Personal Representative’s notes from his meeting with him state:
- "Detainee unresponsive. Sat in chair with head down, did not speak at any time. Tribunal process explained and Unclassified Summary of Evidence translated to detainee. Explained to detainee that his unresponsiveness would be considered that he does not want to participate in the Tribunal."
[edit] Kuwaiti conviction overturned
The International Herald Tribune reports that a Kuwaiti citizen, named "Nasser al-Mutairi", who had formerly been detained in Guantanamo, had his conviction overturned,[4][5] They reported that he had been convicted:
- "...for joining a foreign military force without permission, harming Kuwait by serving the interest of a foreign country and undergoing illegal weapons training.
He had been charged soon after his repatriation to Kuwait, in January 2005; acquitted in June 2005; had his acquittal overturned on appeal; was sentenced to five years imprisonment; only to have his conviction overturned in December, by Kuwait's highest court of appeal.[4]
Some reports say just two Kuwaitis remain in Guantanamo.[5] Other reports say four Kuwaitis remain in Guantanamo.[4]
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ documents (.pdf) from Khalid Bin Abdullah Mishal Thamer Al Hameydani's Combatant Status Review Tribunal
- ^ a b c Kuwaiti appeals court overturns former Guantánamo prisoner's conviction, International Herald Tribune, December 5, 2006
- ^ a b Former Guantanamo detainee acquitted of terror charges by Kuwait high court, The Jurist, December 5, 2006