Mahmud Salem Horan Mohammed Mutlak Al Ali

Mahmud Salem Horan Mohammed Mutlak Al Ali
Born (1974-05-05) May 5, 1974
Doha, Syria
Detained at Guantanamo
ISN 537
Status Released to Germany in September 2010
Spouse Married
Children One Daughter

Mahmud Salem Horan Mohammed Mutlak Al Ali is a citizen of Syria, best known for the more than eight years he spent in the Guantanamo Bay detention camps in Cuba after being classified as an enemy combatant by the United States.[1] His Guantanamo Internment Serial Number was 537. Joint Task Force Guantanamo counter-terrorism analysts report that Mahmud Salem Horan Mohammed Mutlak Al Ali was born on May 5, 1974, in Doha, Kuwait.

According to German media, he is scheduled to be released to Germany. The German government has prepared for psychological help and is in negotiation about the transfer condition. They demand that he won't be chained on his flight to Germany like Murat Kurnaz.[2]

Al Ali and Saudi Ohmed Ahmed Mahamoud Al Shurfa were released to Germany on September 16, 2010.[3][4]

Combatant Status Review

A Summary of Evidence memo was prepared for the tribunal. His memo accused him of the following:[5][6][7]

a. The detainee is associated with al Qaida and the Taliban:
  1. Detainee had a desire to join the Jihad after viewing the videos depicting the situation in Afghanistan, Bosnia and Chechnya.
  2. Detainee read a Fatwa in late September 2001 and within two weeks he began his journey to Afghanistan.
  3. Detainee planned his travel from his country of residence, Kuwait, to Afghanistan by traveling through Iran and Syria.
  4. Detainee traveled to Afghanistan with the intent to attend training at the al Farouq training camp, but the al Farouq training camp was closed, because of changes necessitated after the events on 11 September 2001.
  5. Detainee entered Afghanistan on 24 October 2001 and stayed at a Taliban center in Ferah.
  6. Detainee was captured in a clinic in Kabul where he was treated for an illness.

The memo was published three times. The first two instances contained redactions.

Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush

A writ of habeas corpus, Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush, was submitted on Mahmud Salem Horan Mohammed Mutlak Al Ali's behalf.[8] In response, on 6 May 2005, the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

Detainee election form

On 21 October 2004 his Personal Representative met with him, from 8:12 am to 8:32 am.[9] His Person Representative recorded on his Detainee election form:

Detainee does not desire to participate in the Tribunal. Tribunal will be In Absentia. Detainee was unresponsive and did not say a word during the entire interview. However, I was able to present the unclassified evidence to him, which he read over two times. I have completed the initial interview silent detainee worksheet. Please cancel the 22 Oct, 0800 followup and 26 Oct 730 Final. The IA Tribunal is currently scheduled for 27 Oct, 1300.

Decision memo

His "enemy combatant" status was confirmed by Tribunal panel 15, which convened 23 October 2004.[10] The decision memo recorded that the captive did not participate in his Tribunal. It recorded that the Tribunal relied entirely on classified evidence.

The Personal Representative advised the detainee of his rights and gave the detainee a translated copy of the unclassified summary of the evidence. The PR said the detainee read the unclassified summary twice then handed it back to the PR. The detainee made a sarcastic expression indicating to the PR that the detainee understood the unclassified summary. The detainee was unresponsive to PR and that is how the PR determined that the detainee did [sic] want to participate in the Tribunal proceedings as outlined in exhibit D-a. The detainee did not participate in the hearing.

Boumediene v. Bush

On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were re-instated. On July 18, 2008 Samuel C. Kauffman renewed his habeas petition.[11]

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.[12]

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's first annual Administrative Review Board, on 6 October 2005.[13] The memo listed twenty-two "primary factors favor[ing] continued detention" and nine "primary factors favor[ing] release or transfer".

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's second annual Administrative Review Board, on 19 June 2006.[14] The memo listed six "primary factors favor[ing] continued detention" and six "primary factors favor[ing] release or transfer".

Transfer to Germany

Al-Ali and Saudi captive Ohmed Ahmed Mahamoud Al Shurfa another man were transferred to Germany on September 16, 2010.[3][4][15] Al-Ali was transferred to the Rhineland-Palatinate.

According to Der Spiegel Germany's Federal Government had sought the agreement of local authorities prior to completing the transfer.[4] According to Der Spiegel German officials asserted that American officials had cleared the two men of suspicion of involvement with terrorism. Der Spiegel reported a German official asserted: "According to our knowledge, he does not pose any threat ... We haven't brought a sleeper into our country," German officials conducted interviews with the two men, in Guantanamo, in March, to confirm their suitability for transfer to Germany. German officials contacted security officials in other European countries, to confirm they had no reason to suspect the men had ties to terrorism.

References

  1. ↑ OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29.
  2. ↑ http://www.spiegel.de/politik/deutschland/0,1518,705743,00.html
  3. 1 2 Carol Rosenberg (2010-09-16). "Camps census now 174: Germany takes in two Arab captives from Guantánamo". Miami Herald. Retrieved 2010-09-19. The Pentagon reduced its Guantánamo prison camps census to 174 foreign captives on Thursday, announcing that it had sent two Arabs to resettlement in Germany. mirror
  4. 1 2 3 "Two Former Inmates Arrive in Germany". Der Spiegel. 2010-09-16. Retrieved 2010-09-19. Later on Thursday, a second former Guantanamo prisoner -- 36-year-old Mahmoud Salim al-Ali of Syria -- arrived in the state of Rhineland-Palatinate in central-western Germany, an official with the state's Interior Ministry said. "According to our knowledge, he does not pose any threat," a spokesman said. "We haven't brought a sleeper into our country," he said, referring to the phenomenon of potential terrorists like the 9/11 cell that infiltrate society and appear to be normal residents before they are activated. mirror
  5. ↑ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published May 2005)" (PDF). United States Department of Defense. p. 12. Retrieved 2008-05-05.
  6. ↑ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005)" (PDF). United States Department of Defense. p. 221. Retrieved 2008-05-05.
  7. ↑ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published September 2007)" (PDF). United States Department of Defense. p. 62. Retrieved 2008-05-05.
  8. ↑ "Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush" (PDF). United States Department of Defense. 6 May 2005. pp. 1–15. Retrieved 2008-05-05.
  9. ↑ "Detainee election form" (PDF). United States Department of Defense. 21 October 2004. p. 11. Retrieved 2008-05-05.
  10. ↑ "Unclassified Summary of Basis for Tribunal Decision" (PDF). United States Department of Defense. 23 October 2004. pp. 9–10. Retrieved 2008-05-05.
  11. ↑ Samuel C. Kauffman (2008-07-29). "Guantanamo Bay Detainee Litigation: Doc 145 -- PETITIONER’S STATUS REPORT PURSUANT TO JUDGE HOGAN'S JULY 11, 2008 SCHEDULING ORDER" (PDF). United States Department of Justice. Retrieved 2008-08-13.
  12. ↑ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. Retrieved November 12, 2010.
  13. ↑ OARDEC (6 October 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak" (PDF). United States Department of Defense. pp. 98–101. Retrieved 2008-05-05.
  14. ↑ OARDEC (19 June 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak" (PDF). United States Department of Defense. pp. 25–26. Retrieved 2008-05-05.
  15. ↑ "Deutschland hat zwei Personen aus Guantanamo aufgenommen" (PDF). Germany. 2010-09-16. Retrieved 2010-09-19. mirror

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