Mishal Awad Sayaf Alhabiri - Combatant Status Review

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. 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.” However, unclassified summaries of relevant evidence may be provided to the detainee and each detainee has an opportunity to present “reasonably available” evidence and witnesses.

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". Mishal Awad Sayaf Alhabiri was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.

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. The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."

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:

a. Detainee is associated with the Taliban.

1. The detainee admits he was on the front line in Afghanistan for three days.
2. Detainee received weapons training at the Malik Center in Kabul and Al-Farouq in Kandahar.
3. Detainee was captured near Mazar-e Sharif while fleeing to Pakistan with Taliban members.

b. Detainee engaged in hostilities against the US or its coalition partners.

1. Detainee drove a rocket launcher-mounted truck in combat against Northern Alliance forces.
2. Detainee was injured in hostilities against Northern Alliance forces.
3. Detainee admitted carrying a loaded Kalishnikov rifle while on the front line in Afghanistan.

His Personal Representative filed the following statement on his behalf.

• "Detainee admits to being on the front lines in Afghanistan for 3 days. Detainee received weapons training in the Malik Center in Kabul at Al Farouq in Kandahar. Detainee was captured near Mazar-e Sharif while fighting inside Jenki Castle against the Northern Alliance, but not the United States.

• "Detainee was not driving a rocket launcher mounted truck in combat against the Northern Alliance, he was driving a food supply vehicle.

• "He was injured and fainted while fighting inside Jenki Castle at Mazar-e Sharif. Had been carrying a Kalishnikov rifle but does know what happened to it.

• "Detainee is concerned about the status of his medical care if he is released.