Rashed Awad Khalaf Balkhair

Infobox WoT detainees
subject_name = Rashed Awad Khalaf Balkhair

---

image_size =
image_caption =
date_of_birth = Birth year and age|1978
place_of_birth = Jurashi, Saudi Arabia
date_of_release = authorized Date|August 5 2005
place_of_release =
date_of_death =
place_of_death =
arresting_authority = Pakistani police
citizenship = Saudi Arabia
detained_at = Guantanamo
id_number = 186
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status = enemy combatant
occupation =
spouse =
parents =
children =

Rashed Awad Khalaf Balkhair is a citizen of Saudi Arabia held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners] , "US Department of Defense", May 15 2006] His Guantanamo Internee Security Number is 186.
Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1978, in
Jurashi, Saudi Arabia.

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 2007
accessdate=2007-09-22] ]

Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Rashed Awad Khalaf Balkhair'sCombatant Status Review Tribunal, on 27 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#94
title=Summary of Evidence for Combatant Status Review Tribunal - Balkhair, Rashed Awad Khalaf
date=27 September 2004
author=OARDEC
pages=pages 94-95
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed the following allegations against him:

:"'a. Detainee is associated with the Taliban and al Qaida.:#Detainee worked for Al-Ighatha Al-Islamiya, International Islamic Relief Organization (IIRO).:#Detainee paid a known Taliban recruiter six to ten thousand PK Rubis sic to flee from Jalalabad to the AF/PK border.:#Detainee was captured with a Casio wristwatch typically used as a timing device to initiate an explosive charge.:#Detainee stayed approximately three months in a Taliban guesthouse in Jalalabad, AF.:#Detainee's name was listed on a computer hard drive associated with a known terrorist.:#The detainee's aliases also appeared on a list detailing mujahideen "trust" accounts found at al Qaida safe house in Pakistan. The list indicated that detainee's wallet and passport were being held in the "trust" account.

Transcript

There is no record that Rashed Awad Khalaf Balkhair participated in his Combatant Status Review Tribunal.

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Rashed Awad Khalaf Balkhair's first annualAdministrative Review Board, on 27 May 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#20
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Balkhair, Rashed Awad Khalaf
date=27 May 2005
author=OARDEC
pages=pages 20-22
publisher=United States Department of Defense
accessdate=2007-12-07] The memo listed factors for and against his continued detention.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Rashed Awad Khalaf Balkhair's second annualAdministrative Review Board, on 7 August 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#73
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Balkhair, Rashed Awad Khalaf
date=7 August 2006
author=OARDEC
pages=pages 73-74
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed factors for and against his continued detention. [The memo is three pages long. Page 2 was not released with the other two.]

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_095-182.pdf#46
title=Administrative Review Board assessment and recommendation ICO ISN 186
date=13 November 2006
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-07
pages=page 40] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_095-182.pdf#47
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 186
date=15 August 2006
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-07
pages=pages 47-53] The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on November 15 2006.

References