Under the provisions of the Deputy Secretary of Defense Memorandum, dated 14 July 2006, Implementation of Combatant Status Review Tribunal Proceduresfor Enemy Combatants Detained at US. Naval Base Guantanamo Bay, Cuba, a Tribunal has been appointed to determine if the detainee is an enemy combatant.
2.
An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or a1 Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces."
3.
The following facts support the determination that the detainee is an enemy combatant.
a.
On 6 April 2001, a federal jury in Los Angeles, California, found Algerian national
Ahmed Ressam (Ressam) guilty on nine counts of terrorism and other felony charges for what
prosecutors said was his plan to bomb New Year's 2000 celebrations in the United States.
Ressam was arrested in Port Angeles, Washington, on 14 December 1999, after crossing the
Canadian-United States border with a car allegedly loaded with bomb-making material.
b.
Ahmed Ressam (Ressam) stated he attempted to enter the United States at Port Angeles, Washington, on 14 December 1999, for the purpose of placing an explosive device at the Los Angeles International Airport.
Ressam stated he studied for the operation in April 1998,
while training at the Khalden training camp near Khwost, Afghanistan. Trainers at Khalden
training camp indicated that viable targets included United States warships, hotels holding
conferences of VIPs, barracks of United States military personnel, commercial/economic targets,
petroleum targets, and information/technology centers. Ressam stated Khalden training camp
was one of many camps operated by the detainee.
c.
Ahmed Ressam (Ressam) stated the detainee was the emir of the Khalden and Deronta
training camps in Afghanistan, and did not have to report to anyone above him. The detainee
was an associate of Usama bin Laden (UBL), equal to and not subordinate to UBL. The detainee
coordinated and cooperated with UBL in the conduct of training and trainee movements between
their camps, and every Islamic extremist group present at Khalden training camp had a direct
relationship with UBL. The detainee corresponded with UBL mostly through writing and
sending letters.
d.
A Federal Bureau of Investigation source stated the detainee traveled to Saudi Arabia
in 1996 and transported 600,000 United States dollars to Usama bin Laden. The source
transported 30,000 to 35,000 United States dollars on eight occasions within and between
Afghanistan and Pakistan for the detainee.
e.
Ahmed Ressam (Ressam) stated the detainee was the facilitator of terrorist attack
operations and that the detainee knew about Ressam's operation, although not specifically the
date and exact target.
f.
The detainee made a diary entry in 2000 in which he described plans against America
consisting of explosions and the burning of cities and farms.
g.
Ahmed Ressam (Ressam) stated the detainee wrote a letter in 1998 authorizing
Ressam to take explosives manufacturing training at the Deronta training camp in Afghanistan.
h.
Ahmed Ressam (Ressam) stated that in December 1998 the detainee wanted Ressam
to acquire fraudulently-obtained Canadian passports in order for the detainee and a team of five
other individuals to enter the United States to possibly bomb several cities.
i.
The detainee made a diary entry in 2001 in which he stated within days of the attacks
of 11 September 2001 he was preparing for counter attacks against Americans. The detainee
also stated he was working within a military and security plan that Usama bin Laden devised in
anticipation of an American military action by buying and storing weapons and arming
individuals as well as preparing defensive lines and planning ambushes.
j.
The detainee made a diary entry in 2002 in which he stated he would wage war against
the United States. The detainee stated he would use several dimensions such as instigating racial
wars, timed explosive attacks, attacking gas stations and fuel trucks, and starting timed fires.
k.
The detainee was captured on 28 March 2002 during a raid of a safe house. Gunfire
was exchanged during the raid and the detainee received gunshot wounds.
4.
The detainee has the opportunity to contest his designation as an enemy combatant. The Tribunal will endeavor to arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemy combatant and that is deemed relevant to that issue. The Tribunal President will determine the reasonable availability and relevance of evidence or witnesses.
