Ahmed Abdul Qader

Ahmed Abdul Qader is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.dod.mil/pubs/foi/detainees/d20060515_list.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] His detainee ID number is 690.The Department of Defense estimated that Qader was born in 1984, in Sana'a, Yemen.

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 date=December 2007

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 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.

Qader chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_51_3490-3642_Revised.pdf#5 Summarized transcripts (.pdf)] , from Ahmed Abdul Qader's "Combatant Status Review Tribunal" - pages 5-11]

Allegations

The allegations against Qadar were:

:"a"- -Association missing from Transcript-:#"The detainee traveled from Yemen to Pakistan and then entered Afghanistan illegally in early 2000.":#"The detainee associated with an individual he knew to be a member of al Wafa.":#"Al Wafa is a terrorist support organization."

:""'b The detainee participated in military activity against the United States or its coalition partners.":#"The detainee was stationed on the front lines in several locations over a period of approximately one year.":#"The detainee carried a Kalashnikov rifle on the battlefield.":#"The detainee was arrested by Pakistani forces in Faisalabad, Pakistan."

Testimony

Qadar acknowledged entering Afghanistan, but disputed that he entered illegally. He said that he carried a valid passport, that bore a valid visa for Pakistan. He said that when chose to go to Afghanistan, from Pakistan, he learned that there was no border control, explaining why his passport wasn’t stamped, showing his entry to Afghanistan. He said that the reason he entered Afghanistan was to try to help the needy.

Qadar acknowledged briefly meeting someone who worked for Al Wafa. But he didn't really know anything about Al Wafa at the time, and his conversation with him was very brief - five minutes long - and consisted solely of seeking shopping advice from a more experienced person.

Qadar acknowledged reaching the front lines, during his travels. But he claimed he never participated in any kind of military activity. Further, his stay preceded the attacks of September 11, 2001.

Qadar acknowledged carrying a rifle for self-protection.

When the Pakistani authorities captured him they knocked on the door, and there was no resistance. They asked for him, and asked for his legal papers. His passport had not expired, but the visa for his stay in Pakistan had expired. When he was in Pakistani custody he was told that he was in custody because his visa was expired, and he would be taken to the Yemeni Embassy.

Witness

A statement from Abdul Aziz, the Al Wafa director, was entered into evidence. Abdul Aziz stated he did not remember ever meeting Qadar, and since he didn’t remember him he could never have worked for him.

References