Tariqe Shallah Hassan Al Harbi

Infobox WoT detainees
subject_name = Tariqe Shallah Hassan Al Harbi

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image_size =
image_caption =
date_of_birth = Birth year and age|1983
place_of_birth = Medina, Saudi Arabia
date_of_death =
place_of_death =
date_of_arrest =
place_of_arrest =
arresting_authority = Pakistani police
citizenship = Saudi Arabia
detained_at = Guantanamo
id_number = 265
group =
alias = Tariq Shallah Hasan Al Alawi Al Harbi, Tariqe Shallah Hassan Al Harbi, Tareq Shallah Hassan Al-Harbi
charge = no charge, held in extrajudicial detention
penalty =
status = repatriated to Saudi Arabia on June 25 2006
occupation =
spouse =
parents =
children =

Tariqe Shallah Hassan Al Harbi is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] His Guantanamo Internee Security Number is 265.American counter-terrorism analysts estimate that Al Harbi was born in 1983, in Medina, Saudi Arabia.

Identity

The official documents from the US Department of Defense, and from the Royal Embassy of Saudi Arabia, Washington DC transliterate Al Harbi's name differently:
* His name was transliterated as Tariq Shallah Hasan Al Alawi Al Harbi on the Summary of Evidence memo prepared for his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_2_1046-1160.pdf#66 Factors for and against the continued detention (.pdf)] of Tariqe Shallah Hassan Al Harbi "Administrative Review Board" - page 66-67 - March 4 2005]
* His name was transliterated as Tariqe Shallah Hassan Al Harbi on the official lists of names released by the US Department of Defense. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]
* His name was transliterated as Tareq Shallah Hassan Al-Harbi on the press releases from Saudi officials, when he was repatriated on February 21 2007.cite web
url=http://saudiembassy.net/2006News/News/TerDetail.asp?cIndex=6331
title=Fourteen Guantanamo detainees returned to the Kingdom
date=June 25 2006
publisher=Royal Saudi Embassy, Washington DC
accessmonthday=March 10
accessyear=2007]

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Tariqe Shallah Hassan Al Harbi'sCombatant Status Review Tribunal, on 30 August 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#3
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Harbi, Tariqe Shallah Hassan
date=30 August 2004
author=OARDEC
pages=page 3
publisher=United States Department of Defense
accessdate=2007-12-09] The memo listed the following allegations against him:

Allegations

The allegations Tariqe faced, during his Tribunal, were::"'The detainee is a Taliban fighter::#"In June 2001, the detainee voluntarily traveled from Saudi Arabia to Afghanistan for the purpose of fighting the Northern Alliance.:#"After arriving in Afghanistan, the Detainee trained at Al Farouq training camp.:#"At the Al Farouq training camp, the detainee received training on the Kalashnikov and pistols.:#"In Kandahar, Afghanistan, the detainee sought to become a member of the Taliban.:#"The detainee was apprehended by Pakistani police when he attempted to cross the Pakistani border. He was then transferred to U.S. custody.

Transcript

Al Harbi chose to participate in his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_45_3065-3095.pdf#7 Summarized transcripts (.pdf)] , from Tariqe Shallah Hassan Al Harbi's "Combatant Status Review Tribunal" - pages 7-20]

Response to the allegations

Tariqe's Personal Representative read from his notes Tariqe's response to the allegations. According to Tariqe's Personal Representative:
*"Tariqe went to Afghanistan for religious reasons, to help the poor and needy. The Islamic religious leaders (Sheiks) told him that he had to go to Afghanistan to help the poor and needy or God would punish him. He did not go there voluntarily, he went there to avoid punishment by God. He did not go to fight against the Northern Alliance."
*Tariqe acknowledged going to the al Farouq training camp. When he arrived in Afghanistan he went to an "Arabic guesthouse" because he couldn't speack any of the local languages. He said he was told there that it was mandatory for all visiting foreigners to get military training.
*Tariqe grew disenchanted after two weeks at al Farouq: "...Tariqe did not go to Afghanistan to learn how to fight and shoot weapons. Tariqe went to Afghanistan to help poor and needy Afghanis. Thus, Tariqe decided to escape the Al Farouq training camp and go to Kandahar."
*Tariqe denied going to Kandahar to join the Taliban. He said he went there to ask whether it was necessary for him to receive military training before he could engage in offering humanitarian aid.
*Tariqe said that the Taliban told him he could get permission to offer humanitarian aid if he joined the Taliban first. However, all Taliban needed to have a beard, and Tariqe was too young to have a beard. So this option was closed to him. The Taliban told him he had three choices: he could return to al Farouq; he could wait until he grew a beard; or he could simply go home.
*Tariqe said he chose to go home. But the border to Pakistan was closed because of the attacks of 9-11 before he was able to leave Afghanistan.
*Tariqe said he sought out the Pakistani authorities, at the border, because he thought they would help him return to Saidi Arabia.

Response to Tribunal questioning

*Tariqe said all the military training he had received before he left the camp had been theoretical. He hadn't handled any weapons.
*Tariqe insisted he never engaged in any hostile acts, or helped anyone else engage in a hostile act.
*Tariqe had a 2-way ticket, because he only planned a limited stay.

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Tariq Shallah Hasan Al Alawi Al Harbi'sAdministrative Review Board, on 4 March 2005. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001046-001160.pdf#66
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Harbi, Tariq Shallah Hasan Al Alawi
date=4 March 2005
author=OARDEC
pages=pages 66-68
publisher=United States Department of Defense
accessdate=2007-12-09] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#Through the internet, the detainee read about a fatwa issued by Sheik Hamood al Okla sic. The fatwa stated every Muslim should go to Afghanistan (AF) to fight the Northern Alliance troops. The detainee decided to go to Afghanistan in order to obey the fatwa.:#Sheik Hamud al Uqqla sic is a Saudi Mufti who issued fatwas, including a fatwa calling for jihad in Afghanistan, and encouraged people to fight Jihad against Christians and Jews. Al Uqqla condoned the 11 Sep 01 attacks against the United States. In addition, he helped raise money for Usama Bin Laden until his death in Saudi Arabia in 2001.:#In June 2001, the detainee voluntarily traveled from Saudi Arabia to Afghanistan for the purpose of fighting the Northern Alliance.

:"'b. Training:#The detainee was captured with a Casio F91W watch. This model has been used in bombings that have been linked to al Qaida and radical Islamic terrorist improvised explosive devices.:#After arriving in Afghanistan, the detainee trained at the al Farouq training camp.:#At the al Farouq training camp, he received training on the Kalashnikov rifle and pistols.

:"'c. Connections/Associations:#Detainee name sic was on a list of names of captured Mujahidin found on a hard drive associated with a senior al Qaida member. The hard drive was seized on 1 March 2003 in Pakistan.:#Detainee’s name was found on a file recovered from a computer server hard drive seized in a suspected Al Qaida safehouse in Pakistan. His name was part of a list of Arabs incarcerated in Pakistan. The data was recorded sometime between 31 March 2001 and 22 January 2002.:#The detainee’s name was found on a document retrieved in Afghanistan in March 2002. The document listed the names of Al Qaida martyrs, those missing in action, those imprisoned, and those who had escaped to Pakistan.:#In Quetta, Pakistan, detainee met some Taliban on the street who led the detainee to a guesthouse in Qandahar, where he stayed for a week of questioning and was then sent to the “Faruk camp” for training.

:"'d. Other Relevant Data:#The detainee was apprehended by Pakistani Police when he attempted to cross the Pakistani border. He was then transferred to U.S. custody.

The following primary factors favor release or transfer:

:

Transfer to Saudi Arabia

Al Harbi was one of 14 men transferred from Guantanamo to Saudi Arabia on June 25 2006. [http://news.monstersandcritics.com/middleeast/article_1175544.php/Thirteen_Saudis_and_a_Turkistani_return_to_Saudi_from_Guantanamo Thirteen Saudis and a Turkistani return to Saudi from Guantanamo] , "Middle East News", June 25 2006] cite web
url=http://www.fotofest.org/guantanamo/SaudiReport.pdf
title=The Saudi Repatriates Report
author=Anant Raut, Jill M. Friedman
date=March 19 2007
accessmonthday=April 21
accessyear=2007]

References