Hassan Abdul Said
Encyclopedia
Hassan Abdul Said is a citizen of Iraq
who was held in extrajudicial detention
in the United States
Guantanamo Bay detention camps, in Cuba
.
His Guantanamo Internment Serial Number was 435.
Joint Task Force Guantanamo
counter-terrorism
analysts report he was born on April 7, 1976, in Basra
, Iraq. Hassan Abdul Said was repatriated on January 17, 2009 after about seven years in Guantanamo.
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 tribunal
s 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 Tribunal
s. 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
.
was prepared for Hassan Abdul Said's Combatant Status Review Tribunal, on 25 October 2004.
The memo listed the following allegations against him:
participated in his Combatant Status Review Tribunal.
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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.
was prepared for Hassan Abdul Said's first annual Administrative Review Board, on 10 November 2005.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
notes prepared during their pre-hearing interview from the Enemy Combatant election form,
and read a brief statement Hassan Abdul Said made during his interview,
the Department of Defense did not release a transcript
of the unclassified session of his hearing.
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized transfer on January 11, 2006.
Two of the unredacted paragraphs stated:
.
The DoD did not publish the names of the men it repatriated.
On February 8, 2009, Reuters
reported that "Hassan Abdul Hadi", ISN 435, was one of the repatriated men.
Reuters reports that Iraq's deputy justice minister, Bushu Ibrahim, said his ministry had no knowledge of the men's repatriation.
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
who was held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
His Guantanamo Internment Serial Number was 435.
Joint Task Force Guantanamo
Joint Task Force Guantanamo
Joint Task Force Guantanamo is a U.S. military joint task force based at Guantanamo Bay Naval Base, Guantánamo Bay, Cuba on the southeastern end of the island. JTF-GTMO falls under US Southern Command...
counter-terrorism
Counter-terrorism
Counter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
analysts report he was born on April 7, 1976, in Basra
Basra
Basra is the capital of Basra Governorate, in southern Iraq near Kuwait and Iran. It had an estimated population of two million as of 2009...
, Iraq. Hassan Abdul Said was repatriated on January 17, 2009 after about seven years in Guantanamo.
Combatant Status Review Tribunal
Initially the BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Presidency asserted that they could withhold all the protections of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
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 tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
s to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status.
Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
instituted the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s. 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
.
Summary of Evidence memo
A Summary of Evidence memoSummary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...
was prepared for Hassan Abdul Said's Combatant Status Review Tribunal, on 25 October 2004.
The memo listed the following allegations against him:
Transcript
There is no record that Hassan Abdul Saidparticipated in his Combatant Status Review Tribunal.
Administrative Review Board hearing
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not 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 memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for Hassan Abdul Said's first annual Administrative Review Board, on 10 November 2005.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
Transcript
Although his Assisting Military Officer presentednotes prepared during their pre-hearing interview from the Enemy Combatant election form,
and read a brief statement Hassan Abdul Said made during his interview,
the Department of Defense did not release a transcript
of the unclassified session of his hearing.
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.The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized transfer on January 11, 2006.
Two of the unredacted paragraphs stated:
|
Repatriation
In mid January 2009 The Department of Defense announced the repatriation to Iraqi custody of four of the five last remaining Iraqi captives in GuantanamoIraqi captives in Guantanamo
Nine Iraqi citizen were held in the United States's Guantanamo Bay detention camps, in Cuba. Eight of them have been repatriated, four as late as 2009. Among them Abdul Hadi al Iraqi the last Iraqi citizen in Guantanamo.-Iraqi detainees at Guantanamo Bay:...
.
The DoD did not publish the names of the men it repatriated.
On February 8, 2009, Reuters
Reuters
Reuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
reported that "Hassan Abdul Hadi", ISN 435, was one of the repatriated men.
Reuters reports that Iraq's deputy justice minister, Bushu Ibrahim, said his ministry had no knowledge of the men's repatriation.
External links
- The Guantánamo Files: Website Extras (8) – Captured in Afghanistan Andy Worthington