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Abdul Al-Rahim Ghulam Rabbani
Born 1969 (age 39–40)
Arrested September 2002
Karachi, Pakistan
Detained at "the salt pit"
Guantanamo
Alternate name Abu Rahim Moulana Gulam Rabbani
ISN 1460
Charge(s) No charge
Status Held in extrajudicial detention

Abdul Al-Rahim Ghulam Rabbani is a citizen of Pakistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1]

His Guantanamo Internment Serial Number is 1460. American Intelligence analysts estimated that Rabbani was born in 1969.

As of December 10, 2009, Abdul Rabbani Abd al Rahim Abu Rahman has been held at Guantanamo for five years three months.[2]

Contents

[edit] Detention in the "the salt pit"

According to Laid Saidi, Rabbani, and his brother, Mohammed Ahmad Ghulam Rabbani, were being held in the CIA black site known as "the salt pit" at the same time he was.[citation needed]

Combatant Status Review

Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the War on Terror, while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners.[3] Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

Detainees do not have the right to a lawyer before the CSRTs or to access the evidence against them. The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”[4]

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Abdul Al-Rahim Ghulam Rabbani was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.[5]

In the landmark case Boumediene v. Bush, the U.S. Supreme Court found that CSRTs are not an adequate substitute for the constitutional right to challenge one's detention in court, in part because they do not have the power to order detainees released.[6] The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."[7]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following:

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Abu Rahim Moulana Gulam Rabbani's Combatant Status Review Tribunal on November 10, 2004.[8] The memo listed the following allegations:

A. The detainee is a member of al Qaida and participated in military operatins against the United States and its coalition partners:
  1. The detainee was a member of al Qaida and was a facilitator for Khalid Shaykh Mohammed for three years.
  2. The detainee was a member of a ten-to-twelve member al Qaida cell planning "car bomb" attacks against U.S. forces.
  3. The detainee was a well known Karachi-based al Qaida facilitator who had transported many al Qaida members from safehouses to the Karachi apartment and would bring money for them to purchase food and would bring clothes, suitcases and other travel gear for the al Qaida members preparing to leave.
  4. When captured, the detainee was carrying documents that led authorities to two additional al Qaida safehouses where al Qaida members were found and arrested.
  5. The detainee either operated or resided at six al Qaida safehouses in Karachi with a senior al Qaida lieutenant.
  6. The detainee knew and associated with Senior al Qaida operatives.

[edit] Habeas petition

A habeas submission was submitted on his behalf to US District Court Judge Ricardo M. Urbina.[9] In response, on December 13, 2005 the Department of Defense published a fourteen page dossier of unclassified documents arising from his Combatant Status Review Tribunal.

His Summary of Evidence memo was drafted on November 10, 2004.[9]

The documents indicate a USAF Major, his Personal Representative, recorded on the detainee election form that they met for half an hour on 17 November 2004 to discuss his upcoming Tribunal.[9] His Personal Representative's notes state he chose not to attend his Tribunal.

Tribunal panel 21 convened 23 November 2004 and confirmed his "enemy combatant status". The decision memo drafted by the Tribunal states it reached this conclusion based on classified evidence.[9] Unusually this Tribunal was not convened in Guantanamo, and the Personal Representative who met with him was not present. The Department of Defense has not offered an explanation as to why this Tribunal was not convened in Guantanamo.

His name is spelled both as "Abdul Al-Rahim Ghulam Rabbani" and "Abu Rahim Moulana Gulam Rabbani" in the document.[9]

[edit] Hunger strike

Rabbani and his brother participated in the hunger strike that started on August 8, 2005.[10]

[edit] Mohammed Aman's witness request

During his Combatant Status Review Tribunal Mohammed Aman requested the testimony of someone named "Gulam Rabani".[11] His Tribunal's President ruled that Gulam Rabani's testimony was relevant. But the President said the Afghan government had not responded to request to locate him—so his testimony was ruled "not reasonably available".

[edit] Administrative Review Board

Captives whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.[12] Three Summary of Evidence memos were prepared for his annual review board hearings in 2005, 2006 and 2007.[13][14][15]

[edit] References

  1. ^ OARDEC (2006-05-15). "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. ^ http://projects.nytimes.com/guantanamo/detainees/1460-abdul-rabbani-abd-al-rahim-abu-rahman
  3. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.  mirror
  4. ^ Elsea, Jennifer K. (July 20, 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. http://www.fas.org/sgp/crs/natsec/RS22173.pdf. Retrieved 2007-11-10. 
  5. ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  6. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. "... the procedural protections afforded to the detainees in the CSRT hearings ... fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review." 
  7. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. 
  8. ^ OARDEC (2004-11-10). "Summary of Evidence for Combatant Status Review Tribunal -- Gulam Rabbani, Abu Rahim Moulana". United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf##66. Retrieved 2008-08-12. "The detainee either operated or resided at six al Qaida safehouses in Karachi with a senior al Qaida lieutenant." 
  9. ^ a b c d e "Abdul Al-Rahim Ghulam Rabbani v. George W. Bush -- Civil Action No. 05-1607 (RMU)". United States Department of Defense. 2005-12-13. pp. pages 55-67. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf##55. Retrieved 2008-08-18. 
  10. ^ "Justice detained at Guantanamo?", Denver Post, November 13, 2005 - - mirror
  11. ^ Summarized transcripts (.pdf), from Mohammed Aman's Combatant Status Review Tribunal - pages 31-41
  12. ^ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
  13. ^ OARDEC (2005-10-07). "Unclassified Summary of Evidence for Administrative Review Board in the case of Gulam Rabbani, Abu Rahmi Moulana". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/1460-abdul-rabbani-abd-al-rahim-abu-rahman/documents/1/pages/906#2. Retrieved 2009-08-29. 
  14. ^ OARDEC (2006-08-21). "Unclassified Summary of Evidence for Administrative Review Board in the case of Abdul Rahman, Abdul Rabbani". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/1460-abdul-rabbani-abd-al-rahim-abu-rahman/documents/3/pages/978#5. Retrieved 2009-08-29. 
  15. ^ OARDEC (2007-12-20). "Unclassified Summary of Evidence for Administrative Review Board in the case of Gulam Rabbani, Abu Rahmi Moulana". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/1460-abdul-rabbani-abd-al-rahim-abu-rahman/documents/9/pages/724#9. Retrieved 2009-08-29. 



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