Walid Said Bin Said Zaid


Walid Said Bin Said Zaid
Walid Said Bin Said Zaid
Born February 2, 1978 (1978-02-02) (age 33)
Ta'iz, Yemen
Detained at Guantanamo
ISN 550
Charge(s) No charge (extrajudicial detention)
Status Still held in Guantanamo

Walid Said Bin Said Zaid is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number is 550. Joint Task Force Guantanamo counter-terrorism analysts reports that Zaid was born in Ta'iz, Yemen, on February 2, 1978.

As of May 11, 2010, Walid Said Bin Said Zaid has been held at Guantanamo for eight years.[2]

Contents

Combatant Status Review Tribunal

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Walid Said Bin Said Zaid's Combatant Status Review Tribunal, on 14 October 2004.[2] The memo listed the following allegations against him:

a. The detainee was member of al Qaida:
  1. The detainee is a Yemen citizen who was recruited to travel to Afghanistan for Jihad readiness military training.
  2. The detainee was financed by a facilitator to travel from Sana'a, Yemen to Dubai, United Arab Emirates, to Karachi, Pakistan, and finally to the al Farouq training camp in Afghanistan.
  3. The facilitator was also a trainer at al Farouq.
  4. The detainee arrived at al Farouq Training Camp in July 2001. Training began in August and included operation and maintenance of the AK-47 assault rifle, the PK machine gun, rocket propelled grenade launcher, tactics, geography and map symbols.
b. The detainee participated in hostilities against the United States and its coalition partners:
  1. The detainee sustained multiple injuries as a result of the United States bombings in the Tora Bora Mountains.
  2. The detainee was taken to Jalalabad, Afghanistan, for medical care where United States Forces detained him.

Transcript

Walid Said Bin Said Zaid's Combatant Status Review Tribunal convened on October 26, 2004.[3] He did not attend his Tribunal, but he did prepare a written statement.[4] Other captive's written statements were released on March 3, 2006. His statement was released in September 2007 together with document released in response to his habeas corpus petition.[5]

His Tribunal's President provided a summary of the statement for the Unclassified Summary of Basis for Tribunal Decision[6]:

Essentially the only unclassified evidence the Tribunal had to consider was the Detainee's unsworn written statement as present by the Personal Representative from his interview with the detainee. The Personal Representative's summary of his interview is attached as Exhibit D-b. In sum, the detainee stated that he was not aware that ########## was associated with al Qaida and that he never fired upon US forces or their allies. The detainee stated that he did train on the Kalashnikov and the rocket propelled grenade launcher, but did not train in tactics or map reading; that he was recruited in Yemen so he could go to Afghanistan to be a teacher, but he did train at the camp because that's what was expected.

Walid Said Bin Said Zaid v. George W. Bush

A writ of habeas corpus, Zaid v. Bush, formally Walid Said Bin Said Zaid v. George W. Bush, was submitted on Walid Said Bin Said Zaid's behalf.[7] In response, on 16 February 2006 the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

(Civil Action No. 05-cv-1646 (D.D.C.)) is a writ of habeas corpus filed on behalf of Guantanamo captive Waleed Said Bin Said Zaid before US District Court Judge John D. Bates.[8]

Combatant Status Review Tribunal

His enemy combatant status was confirmed by Tribunal Panel 13.

Eighteen pages of unclassified documents from his Combatant Status Review Tribunal were published in response to his habeas petition. [9]

Lead Counsel

In January 2007 the Center for Constitution Rights published a list of the counsels of the "lead petitioners" in the captives various habeas petitions.[10] The list records Judith Brown Chomsky as the counsel to the lead petitioner on this petition.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[11]

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 eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[12]

Re-initiation

On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives.[13] The petition would prevent the Department of Defense from transferring him out of US jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment—even though they had active habeas corpus petitions.

On 19 July 2008 Judith Brown Chomsky filed a status report on behalf of Waleed Said Bin Said Zaid.[8] In her report Chomsky stated his petition was first filed on 16 August 2005. She reported that the United States Department of Justice filed an incomplete and redacted factual return 22 February 2006. She reported that a DTA appeal under the Detainee Treatment Act of 2005 had been filed, Zaid v. Gates (Civil Action No. 07-1131) on 26 April 2007.

On 26 November 2008 Judith Chomsky filed a "PETITIONER’S OPPOSITION TO THE GOVERNMENT’S MOTION FOR CLARIFICATION AND RECONSIDERATION OF THIS COURT’S NOVEMBER 6, 2008 CASE MANAGEMENT ORDER AND SUPPLEMENTAL AMENDED ORDER" with regard to Waleed Said Bn Said Zaid (ISN 550) in Civil Action No. 05-cv-1646 (JDB).[14]

On 15 December 2008 DoJ official Steve Matheny filed a "Unopposed motion to file unclassified return out of time and notice of filing protected information" in Civil Action No. 05-cv-1646, 05-cv-2378 (JDB).[15]

Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[16]

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Walid Said Bin Said Zaid's first annual Administrative Review Board, on February 18, 2005.[17] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee expressed interest in fighting the jihad in Palestine and said he would like to go there and fight the jihad if it is still going on when he is released.
b. Training
  1. The detainee is a Yemen citizen who was recruited to travel to Afghanistan for jihad readiness military training.
  2. The detainee arrived at al Farouq Training Camp in July 2001. Training began in August and included operation and maintenance of the AK-47 assault rifle, the PK machine gun, rocket propelled grenade launcher, tactice, geography and map symbols.
c. Connections/Associations
  1. While the detainee was in training at al Farouq, Afghanistan, Usama Bin Laden and a group of guards came to visit.
  2. The detainee’s name was on a document listing 324 Arabic names aliases and nationalities recovered from a safehouse raid of suspected al Qaida in Karachi, Pakistan.
d. Intent
  1. The detainee sustained multiple injuries as a result of the U.S. bombing campaign in the mountains surrounding Jalalabad. The detainee was taken to a hospital in Jalalabad where he was eventually detained by U.S. forces.
  2. The detainee explained the reason he attended training at al Farouq was because he wanted to support the Taliban in their struggle against the Northern Alliance.
e. Other Relevant Data
  1. The detainee repeatedly stressed the only reason he supported the Taliban was because he thought they were good Muslims.

The following primary factors favor release or transfer

a. The detainee claims training was only a prerequisite to obtaining employment in the country of Afghanistan. The detainee claims that he did not know the camp was affiliated with al Qaida or Usama Bin Laden.
b. The detainee said he has no animosity towards the United States and actually considers his treatment to be fair. The detainee also stated he believees the American involvement in Afghanistan is a good thing as long as the Americans are assisting the Afghan people.

Transcript

Walid Said Bin Said Zaid's Board was originally to convene on 2 March 2005.[18]

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Walid Said Bin Said Zaid's second annual Administrative Review Board, on 3 February 2006.[19] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment
  1. The detainee was recruited to go to Afghanistan for training and was introduced to a person who financed and facilitated the detainee's travel to Afghanistan.
  2. The detainee traveled voluntarily from Yemen with an associate to Karachi, Pakistan.
  3. The detainee stayed in a Taliban guesthouse for four days in Quetta, Pakistan.
  4. The detainee spent nine days in a Taliban guesthouse in Kandahar, Afghanistan where his passport, money and other identification was collected.
  5. The detainee was taken to the al Farouq training camp and was scheduled to stay there for two months.
  6. The detainee explained the reason he attended training at al Farouq was because he wanted to support the Taliban in their struggle against the Northern Alliance.
b. Training
  1. The detainee arrived at al Farouq Training camp on approximately 1 August 2001.
  2. The detainee trained at al Farouq for six weeks on the Kalashnikov rifle, PK machine gun, RPG, land navigation and combat tactics.
  3. The detainee had a firearms instructor and a physical trainer and stated that the instructors often discussed the exploits of the Taliban with the detainees.
  4. The detainee's training was interrupted when al Farouq shut down in the wake of the 11 September 2001 attacks.
  5. The detainee stated that the camp leaders gave the order to evacuate the camp in anticipation of attacks. The trainees left al Farouq and went to an area of dense woods located in the foothills of the Tora Bora Mountains.
c. Connections/Associations
  1. While the detainee was in training at al Farouq, Usama Bin Laden and a group of guards came to visit.
  2. The detainee's name was on a document listing 324 Arabic names, aliases and nationalities recovered from a safehouse raid of suspected al Qaida in Karachi, Pakistan.
d. Other Relevant Data
  1. The detainee repeatedly stressed the only reason he supported the Taliban was because he thought they were good Muslims.
  2. The detainee sustained multiple injuries as a result of the United States bombing campaign in the mountains surrounding Jalalabad. The detainee was taken to a hospital in Jalalabad where he was eventually detained by United States Forces.

The following primary factors favor release or transfer

a. The detainee claims training was only a prerequisite to obtaining employment in the country of Afghanistan.
b. The detainee claims that he did not know the camp was affiliated with al Qaida or Usama Bin Laden.
c. The detainee stated that he has been treated well since he was captured and harbors no ill feelings towards the United States or the Northern Alliance. The detainee only wished to return home and put this part of his life behind him.
d. The detainee also stated he believes the American involvement in Afghanistan is a good thing as long as the Americans are assisting the Afghan people.
e. The detainee denies having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denies knowledge of any rumors or plans of future attacks on the United States or United States interests.

Third annual Administrative Review Board

A Summary of Evidence memo was prepared for Walid Said Bin Said Zaid's third annual Administrative Review Board.[20] The memo listed factors for and against his continued detention.

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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. ^ a b The Guantanamo Docket - Walid Said Bin Said Zaid
  3. ^ author redacted (date redacted). "Combatant Status Review Tribunal Decision Cover Sheet (ISN 550)". OARDEC. pp. page 34. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#34. Retrieved 2007-12-20. 
  4. ^ Peter C. Bradford Lieutenant JAGC, USNR (18 January 2005). "Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN 550". OARDEC. pp. page 32. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#32. Retrieved 2007-12-20. 
  5. ^ Personal Representative (24 October 2004). "Interview conducted 24 October 2004: Comments regarding allegations in the unclassified summary:". OARDEC. pp. page 42. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#35. Retrieved 2007-12-20. 
  6. ^ Tribunal panel 13 (18 January 2005). "Unclassified Summary of Basis for Tribunal Decision (ISN 550)". OARDEC. pp. pages 35–37. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#35. Retrieved 2007-12-20. 
  7. ^ OARDEC (16 February 2006). "Walid Said Bin Said Zaid v. George W. Bush". United States Department of Defense. pp. pages 29–43. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#29. Retrieved 2007-12-19. 
  8. ^ a b Judith Brown Chomsky (2008-08-19). "Guantanamo Bay Detainee Litigation: Doc 89 -- status report". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/89/0.pdf. Retrieved 2008-08-23.  mirror
  9. ^ "Walid Said Bin Said Zaid v. George W. Bush -- 05-1646 (JDB)". United States Department of Defense. 26 October 2004. pp. pages 29–46. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2637-2736.pdf#29. Retrieved 2008-12-16. 
  10. ^ "Lead Petitioners' Counsel in Guantanamo Habeas Cases". Center for Constitutional Rights. Monday, January 8, 2007. http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf. Retrieved 2008-06-11.  mirror
  11. ^ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  12. ^ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror
  13. ^ Kristine A. Huskey (2008-07-15). "Guantanamo Bay Detainee Litigation: Doc 63 -- NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/63/0.pdf. Retrieved 2008-11-13.  mirror
  14. ^ Judith Chomsky (2008-11-26). "Guantanamo Bay Detainee Litigation: Doc 1064 -- PETITIONER’S OPPOSITION TO THE GOVERNMENT’S MOTION FOR CLARIFICATION AND RECONSIDERATION OF THIS COURT’S NOVEMBER 6, 2008 CASE MANAGEMENT ORDER AND SUPPLEMENTAL AMENDED ORDER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1064/0.pdf. Retrieved 2008-12-16. 
  15. ^ Steve Matheny (2008-12-15). "Guantanamo Bay Detainee Litigation: Doc 1308 -- Unopposed motion to file unclassified return out of time and notice of filing protected information". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1308/0.pdf. Retrieved 2008-12-16. 
  16. ^ Spc Timothy Book (Friday March 10, 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. 
  17. ^ OARDEC (2005-02-18). "Unclassified Summary of Evidence for Administrative Review Board in the case of Walid Said Bin Said Zaid". United States Department of Defense. pp. 14–15. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000944-001045.pdf#14. Retrieved 2007-12-20. 
  18. ^ OARDEC (2 March 2005). "Summarized Administrative Review Board Detainee Statement (ISN 550)". United States Department of Defense. pp. pages 75–80. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_3_769-943_FINAL.pdf#75. Retrieved 2007-12-20. 
  19. ^ OARDEC (2006-02-03). "Unclassified Summary of Evidence for Administrative Review Board in the case of Zaid, Walid Said Bin Said". United States Department of Defense. pp. 29–31. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_599-699.pdf#29-31. Retrieved 2007-12-19. 
  20. ^ OARDEC (2007-02-06). "Unclassified Summary of Evidence for Administrative Review Board in the case of Zaid, Walid Said Bin Said". United States Department of Defense. pp. 61–63. http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_FactorsDocsBates301-400.pdf#61-63. Retrieved 2007-12-19. 

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