Abdallah al-Ajmi
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Abdallah Saleh Ali Al Ajmi
Abdullah Saleh Ali Al Ajmi, from his Guantanamo dossier.
Born:	August 2, 1978(1978-08-02) Almadi, Kuwait
Detained at:	Guantanamo
ID number:	220
Charge(s):	no charge, held in extrajudicial detention

Abdallah Saleh Ali Al Ajmi (b. August 2, 1978 – †April 26, 2008) was a Kuwaiti citizen, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] His Guantanamo detainee ID is 220. Joint Task Force Guantanamo counter-terrorism analysts reports that he was born on August 2, 1978, in Almadi, Kuwait.

On September 2, 2003 attorneys Thomas Wilner, Neil H. Koslowe, Kristine A. Huskey, and Heather Lamberg Kafele filed a Petition for writ of Certiorari on behalf of Al Ajmi and eleven other Guantanamo detainees.^[2]

In April 2008 Al Ajmi was reported to have conducted a suicide attack in Iraq.^[3][4]

Identity

The US Department of Defense was forced, by court order, to release the names of the captives taken in the "war on terror" who were held in Guantanamo. On April 20, 2006 they released a list of 558 names, nationalities and ID numbers, of all the captives whose status as "enemy combatants" had been reviewed by a Combatant Status Review Tribunal.^[5] Twenty-five days later they released a list of 759 names, nationalities, ID numbers, dates of birth, and places of birth, of all captives who had been held in military custody in Guantanamo.^[1]

Captive 220's name was listed inconsistently.

• He was named Abdullah Saleh Ali Al Ajmi on the unclassified dossier the Department of Defense was forced to release to the Associated Press in early 2005.
• He was named Abdallah Salih Ali Al Ajmi on the Summary of Evidence memo prepared for his Administrative Review Board.^[6]
• He was named Abdallah Saleh Ali Al Ajmi on the official lists released on April 20, 2006 and May 15, 2006.^[5][1]

Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

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 a 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 Abdallah Salih Ali Al Ajmi's Combatant Status Review Tribunal.^[7] The memo listed the following allegations against him:

a. The detainee is a Taliban fighter:

1. The detainee went AWOL from the Kuwaiti military in order to travel to Afghanistan to participate in the Jihad.
2. The detainee was issued an AK-47, ammunition and hand grenades by the Taliban.

b. The detainee participated in military operations against the coalition.

1. The detainee admitted he was in Afghanistan fighting with the Taliban in the Bagram area.
2. The detainee was placed in a defensive position by the Taliban in order to block the Northern Alliance.
3. The detainee admitted spending eight months on the front line at the Aiubi Center, AF.[sic]
4. The detainee admitted engaging in two or three fire fights with the Northern Alliance.
5. The detainee retreated to the Tora Bora region of AF and was later captured as he attempted to escape to Pakistan.

Abdullah Saleh Ali Al Ajmi v. United States of America

A writ of habeas corpus, Abdullah Saleh Ali Al Ajmi v. United States of America, was submitted on Abdullah Saleh Ali Al Ajmi's behalf.^[8] In response, on 15 September 2004, the Department of Defense released 12 pages of unclassified documents related to his Combatant Status Review Tribunal.

Al Ajmi's "enemy combatant" status was confirmed by Tribunal panel 2 on August 2, 2004 -- making his own of the first cases to be confirmed.^[9]

Detainee election form

Al Ajmi's Personal Representative's Detainee election form stated that they met for twenty minutes, and recorded in its notes section^[10]:

"Detainee acknowledged reading Tribunal notice. He declined further comment."

Earned mention in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, Al Ajmi was the first captive to have his Tribunal convened.^[11] His Tribunal was convened on August 2, 2004.

The study notes:

"For that first hearing, the personal representative met with the detainee on July 31, 2004, two days after the CSRT procedures were promulgated. This was the only meeting between this detainee and his personal representative and it lasted only 10 minutes, including translation time. On Monday, August 2, 2004, two days after the meeting between the personal representative and the detainee, the CSRT Tribunal was empanelled, the hearing held, the classified evidence evaluated and the decision issued. This detainee did not participate in his CSRT hearing."

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".^[12]

Wikisource has original text related to this article:

Unclassified Summary of Evidence for Administrative Review Board in the case of Abdallah Salih Ali Al Ajmi

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdallah Salih Ali Al Ajmi's Administrative Review Board, on 4 February 2005.^[13] The memo listed eleven "primary factors favor[ing] continued detention".

The following primary factors favor continued detention:

A. Al Ajmi is a Taliban fighter:

1. Al Ajmi went AWOL from the Kuwaiti military in order to travel to Afghanistan participate in the Jihad.
2. Al Ajmi was issued an AK-47, ammunition and hand grenades by the Taliban.

B. Al Ajmi participated in military operations against the coalition.

1. Al Ajmi admitted he was in Afghanistan fighting with the Taliban in the Bagram area.
2. Al Ajmi was placed in a defensive position by the Taliban in order to block the Northern Alliance.
3. Al Ajmi admitted spending eight months on the front line at the Aiubi Center, Afghanistan.
4. Al Ajmi admitted engaging in two or three fire fights with the Northern Alliance.
5. Al Ajmi retreated to the Tora Bora region of Afghanistan and was later captured as he attempted to escape to Pakistan.

C. Al Ajmi is committed to jihad.

1. Al Ajmi went AWOL because he wanted to participate in the jihad in Afghanistan but could not get leave from the military.
2. In Aug 2004, Al Ajmi wanted to make sure that when the case goes before the Tribunal, they know that he now is a Jihadist, an enemy combatant, and that he will kill as many Americans as he possibly can.

D. Upon arrival at GTMO, Al Ajmi has been constantly in trouble. Al Ajmi's overall behavior has been aggressive and non-compliant, and he has resided in GTMO's disciplinary blocks throughout his detention.

E. Based upon a review of recommendations from U.S. agencies and classified and unclassified documents, Al Ajmi is regarded as a continued threat to the United States and its Allies.

The following primary factors favor release or transfer:

No information available.

Transcript

Al Ajmi's Board hearing convened on 4 February 2005.^[14] In the spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a twenty-five page summarized transcript from his Administrative Review Board hearing.^[15]

Al Ajmi's answers to the factors favoring continued detention

Al Ajmi answered each of the factors favoring his continued detention in turn.

• Al Ajmi denied participating in Jihad.
• Al Ajmi stated he went to Pakistan to learn and memorize the Koran -- he never traveled to Afghanistan.
• Al Ajmi denied any contact with the Taliban. He acknowledged that he had previously confessed to the allegations he was being asked to comment on -- but those were false confessions:

  "These statements were all said under pressure and threats. I couldn't take it. I couldn't bare ^sic the threats and suffering so I started saying things. When every detainee is captured they tell him that he is either Taliban or Al-Qaida and that is it. I couldn't bare ^sic the suffering and threatening and the pressure so I had to say I was from Taliban ^sic."

• Al Ajmi denied participating in military operations against the coalition.
• Al Ajmi denied being placed in a defensive position by the Taliban:

  "I am not an enemy combatant. I said this only because I was under pressure and threats and suffering."

• In response to the allegation that he admitted spending eight months in the front line at the Aiubi Center in Afghanistan, Al Ajmi responded:

  "I never entered Afghanistan. I never fought with anyone. My intentions were to stay four months only but under the circumstances I had to stay for eight months. I never fought. My intentions were never to go to Afghanistan my intentions were to go to Pakistan.

• Al Ajmi denied participating in firefights, and he denied admitting he participated in firefights.
• In response to the allegation that he fled through Tora Bora Al Ajmi said he had never heard of Tora Bora.
• Al Ajmi asserted the group he went to study with, is a peaceful group.
• In response to the allegation that "In August 2004 Al Ajmi wanted to make sure that when the case went in front of the tribunal, that the tribunal members know that he is now a Jihadist, and enemy combatant and that he would kill as many Americans as he possibly can," Ajmi replied:
• "That is impossible that I would say such a thing. How could I fight the Americans? They were with me in the military in Kuwait. I would've fought them in Kuwait not here. How can I fight them here? How can I try to kill them here?"
• Al Ajmi denied being a trouble-maker in Guantanamo.
• In response to the recommendation that Al Ajmi was regarded as a continuing threat to the USA, Al Ajmi replied:

  "You are the judge and you are the president. You are everything here. You can do whatever you wish. I never meant harm to anybody. I never attacked anybody. I don't have a grudge against the Americans. It is up to you. You are the president and you will do whatever you wish.

Al Ajmi's responses to the questions from his Board's officers

Al Ajmi and one of the Board members had the following exchange:

Al Ajmi said he had never planned to go AWOL. He planned to go to Pakistan for religious study during his leave. He would have been back in time, except the war made travel for Arabs in Pakistan difficult.

Al Ajmi confirmed that he had never traveled to Afghanistan.

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.^[16][17] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 20 May 2005.

One unredacted paragraph in the memos stated^[17]:

"During the unclassified portion of the ARB, the EC claimed all the statements in the unclassified summary were untrue. He then attempted to offer an explanation for each item as documented in the Summary of Enemy Combatant Testimony. The ARB considers that the EC brought no substantial evidence in his testimony to refute the establishe documentation of various agencies; evidence he previously admitted to."

Repatriation and acquittal

Al Ajmi was repatriated to Kuwait, and taken into Kuwaiti custody on November 3, 2005.^[18]

Al Ajmi was freed, on bail, while he awaited trial.^[19] The five men trial began in March 2006, and were acquitted on July 22, 2006.^[20]

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban.^[21] Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relations with friendly nations.

The detainees' defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them.^[21] Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Suicide bombing after release

• On May 1, 2008, Al Ajmi's cousin told Al Arabiya television that Al Ajmi had carried out a suicide bombing in Mosul, Iraq.^[3]

• On May 2, 2008, The International Herald Tribune reported that the three most recent suicide bombings in Mosul occurred on April 26, 2008, and killed seven people.^[4] According to the report, Al Ajmi's cousin said that Al Ajmi had disappeared "two weeks ago".
• Ex-Gitmo prisoner commits suicide attack msnbc.com AP May 7, 2008
• Ex-Guantanamo Detainee Joined Iraq Suicide Attack Washington Post May 8, 2008

See also

• Abdul-Aziz al-Shimmiri
• Adel Zamel Abdul-Mohsen
• Saad Madhi al-Azmi
• Mohammed Fnaitil al-Dehani

References

1. ^ ^{a b c} OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. Retrieved on 2007-09-29.
2. ^ Petition for writ of Certiorari, Findlaw, September 2, 2003
3. ^ ^{a b} "Ex-Guantanamo inmate in Iraq suicide bombing: TV", Reuters (Thursday May 1, 2008). Retrieved on 2008-05-1. 
4. ^ ^{a b} "Report: Former Guantanamo detainee carried out Iraq suicide attack", International Herald Tribune (May 2, 2008). Retrieved on 2008-05-01. 
5. ^ ^{a b} list of prisoners (.pdf), US Department of Defense, April 20, 2006
6. ^ Factors for and against the continued detention (.pdf) of Abdallah Saleh Ali Al Ajmi Administrative Review Board - page 8
7. ^ OARDEC (date redacted). "Summary of Evidence for Combatant Status Review Tribunal -- Al Ajmi, Abdallah Salih Ali". United States Department of Defense. Retrieved on 2008-05-01.
8. ^ "Abdullah Saleh Ali Al Ajmi v. United States of America#1" pages 1-12. United States Department of Defense (15 September 2004). Retrieved on 2008-05-01.
9. ^ "Combatant Status Review Tribunal Decision Report Cover Sheet". United States Department of Defense (August 2, 2004). Retrieved on 2008-05-01.
10. ^ "Detainee election form". United States Department of Defense (July 31, 2004). Retrieved on 2008-05-01.
11. ^ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings". Seton Hall University School of Law. Retrieved on April 2, 2007.
12. ^ Spc Timothy Book (Friday March 10, 2006). "Review process unprecedented", The Wire (JTF-GTMO), pp. 1. Retrieved on 2007-10-12. 
13. ^ OARDEC (date redacted). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ajmi, Abdallah Salih Ali" pages 8-9. United States Department of Defense. Retrieved on 2008-04-25.
14. ^ OARDEC (4 February 2005). "Summary of Administrative Review Board Proceedings of ISN" pages 46-60. United States Department of Defense. Retrieved on 2008-05-01.
15. ^ "US releases Guantanamo files", The Age (April 4, 2006). Retrieved on 2008-03-15. 
16. ^ OARDEC (11 May 2005). "Administrative Review Board assessment and recommendation ICO ISN 220" page 104. United States Department of Defense. Retrieved on 2008-05-01.
17. ^ ^{a b} OARDEC (4 February 2005). "Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 220" pages 105-107. United States Department of Defense. Retrieved on 2008-05-01.
18. ^ Kuwaitis released from Guantanamo, BBC, November 3, 2005
19. ^ Kuwait's Gitmo men acquitted - again, Kuwait Times, July 23, 2006
20. ^ Kuwaiti court acquits ex-Guantanamo prisoners. Independent Online (South Africa), May 22, 2006
21. ^ ^{a b} 5 Ex-Guantanamo Detainees Freed in Kuwait, Washington Post, May 21, 2006