Muhammad Abd Al Rahman Al Kurash
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Muhammad Abd Al Rahman Al Kurash is held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 214.
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[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 Kurash chose not to participate in his Combatant Status Review Tribunal.
[edit] Administrative Review Board hearing
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
The factors for and against continuing to detain Al Kurash were among the 121 that the Department of Defense released on March 3, 2006.[2]
[edit] The following primary factors favor continued detention
- a. Commitment
- The detainee traveled from Taif, Saudi Arabia to fight with the Taliban in the Jihad, after his high school graduation in May 2001.
- The detainee trained at the Moasqr Kari Bilal Camp in Afghanistan where he received weapons training. Moasqr Kari Bilal was a facility used to train and house Taliban soldiers who fought on the Bagram front lines.
- Behavior while incarcerated.
- Detainee has struck guard force personnel on multiple occasions.
- Detainee threatened Block NCO by stating, “I will cut your throat.”
- Detainee has encouraged other detainees to harass guard force. Detainee incites disturbance and also has past incidents of “failure to comply”.
- b. Training
- At the Moasqr Kari Bilal camp, the detainee learned to use the Kalashnikov rifle, PK machine gun, and rocket propelled grenades.
- c. Connection
- The detainee stated that he chose to fight with the Taliban against the Northern Alliance because he wanted to support their cause.
- The detainee’s name was found on an undated letter which listed probable al Qaida members incarcerated in Pakistan, along with materials linked to al Qaida]].
- d. Intent
- The detainee was identified as having trained at a second terrorist training camp.
[edit] The following primary factors favor release or transfer
- Not applicable.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Factors for and against the continued detention (.pdf) of Muhammad Abd Al Rahman Al Kurash Administrative Review Board - page 63