Ahmed Rashidi -- Unclassified summary of basis for tribunal decision

UNCLASSIFIED/FOUO

UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION

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

TRIBUNAL PANEL: #13
ISN#:  

1. Introduction

As the CombatantS tatus 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 and was part of or supporting the Moroccan Islamic Fighting Group. In reaching its conclusions, the Tribunal considered both classified mad unclassified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered by the Tribanal is discussed in Enclosure (2) to the CSRT Decision Report.

2. SynopSis of Proceedings

The unclassified evidence presented to the Tribunal on 7 October 2004 by the Recorder indicated that the Detainee was associated with al-Qaida. While in England, the Detainee attended the Finsbury Park Mosque and the Baker Street Mosque, both known extremist mosques, During late September and early October 2001, the Detainee traveled from England to Afghanistan~co and Pakistan. The Detainee is identified as having received training at the Al Farouq trainiug camp in July 2001, to include weapons training, war tactics an~[ bombm aldug.T he Detainee fled Afghanistani !~ the companyo f a large convoya nd was captured in Baunu~P akistan in early 2002, The Detainee admits to knowingh owt o conduct suicide attacks on airliners using smuggledf lammable liquids. The Detainee is identified as a suspected al-Qaida memberw, hoi ssued a fat-wa claiming suicide is acceptable. The Detainee is a membeor fAbuI asa’s group of MoroccanF ighters. The Detainee did not par~cipat~ in the Tribunal process. Whenth e Person~R epresentativea ttemptedt o obtain the Demiuee’es lection to participate, the Detainee was uncooperative, unresponsive and belligerent to both the Personal Representative and the translator. He called no witnesses, did not request any unclassified or classified documenbt e produced~a nd did not makea v~rbal statement.

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-12,

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

The Detainee requested no witnesses and no evidence be produced.

5. Discussion of Unclassified Evidence

The Tribunal considered the following unclassified evidence in makingi ts determinations:

a.

The recorder offered Exhibits R- 1 and R-2 into evidence during the unclassified portion of the proceeding. Exhibit R-1 is the Unclassified Summaroyf 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 provided no usable evidence. Accordingly, the Tribunal had to look to classified exhibits for support of the Unclassified Summary of Evidence.

b.

Exhibit R-3 gave a description of the Moroccan Islamic Combatant Group (GICM) and indicated that the GICM supports al Qaida’s Jihad against the West. It also supports Moroccans who train in armed camps in Afghanistan.

The Tribunal also relied on certain classified evidence in reaching its decision. A discussion of the classified evidencei s found in Enclosure( 2) to the CombatanSt tatus 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 CSRTle gal 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 ofpart/cipating in the proceeding. No medical or mental ttealth evaluation was deemedn ecessary. However,a further discussion of the Detainee’s mental status is discussed in the classified document Exhibit R-10.
b.	Upon the Personal.Representative’s attempt to find the Detalnee’s election as to whether or not he desired to participate in the tribunal, the Detainee became extremely verbally belligerent toward the Personal Representative and the translator. During the time the Unclassified Summaroyf Evidence was read to him, he became extremely agitated and verbally belligerent. He started physically moving in his chair and making movements toward the table between himself and the Personal Representative and the translator. By his actions, the Personal Representative had to infer that the Detainee chose not to participate in the process based on his belligerent nature and complete lack of cooperation.
c.	The Detainee is properly classified as an enemyc ombatanta nd is a member of, or affiliated with, al Qaida and was part of or supporting the Moroccan Islamic Fighting Group.

8. Dissenting Tribunal Member’s report

None. The Tribunal reached a unanimons decision.

Respectfully submitted,

 
Colonel, U.S. Army
Tribunal President