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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]
[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 memoA 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:
[edit] Habeas petitionA 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 strikeRabbani and his brother participated in the hunger strike that started on August 8, 2005.[10] [edit] Mohammed Aman's witness requestDuring 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 BoardCaptives 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
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