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Mahmud Salem Horan Mohammed Mutlak Al Ali

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Mahmud Salem Horan Mohammed Mutlak Al Ali
Born (1974-05-05) 5 May 1974 (age 50)
Doha, Syria
Detained at Guantanamo
ISN537
StatusReleased to Germany in September 2010
SpouseMarried
Children1

Mahmud Salem Horan Mohammed Mutlak Al Ali is a citizen of Syria, best known for the more than eight years he spent in the Guantanamo Bay detention camps in Cuba after being classified as an enemy combatant by the United States.[1] His Guantanamo Internment Serial Number was 537. Joint Task Force Guantanamo counter-terrorism analysts report that Mahmud Salem Horan Mohammed Mutlak Al Ali was born on 5 May 1974, in Doha, Qatar. He and Palestinian Ohmed Ahmed Mahamoud Al Shurfa were released to Germany on 16 September 2010.[2][3]

Combatant Status Review

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Main article: Combatant Status Review Tribunal

A Summary of Evidence memo was prepared for the tribunal. His memo accused him of the following:[4][5][6]

a. The detainee is associated with al Qaida and the Taliban:
  1. Detainee had a desire to join the Jihad after viewing the videos depicting the situation in Afghanistan, Bosnia and Chechnya.
  2. Detainee read a Fatwa in late September 2001 and within two weeks he began his journey to Afghanistan.
  3. Detainee planned his travel from his country of residence, Kuwait, to Afghanistan by traveling through Iran and Syria.
  4. Detainee traveled to Afghanistan with the intent to attend training at the Al Farouq training camp, but this was closed, because of changes necessitated after the events on 11 September 2001.
  5. Detainee entered Afghanistan on 24 October 2001 and stayed at a Taliban center in Ferah.
  6. Detainee was captured in a clinic in Kabul where he was treated for an illness.

The memo was published three times. The first two instances contained redactions.

Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush

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A writ of habeas corpus, Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush, was submitted on Al Ali's behalf.[7] In response, on 6 May 2005, the Department of Defense released 15 pages of unclassified documents related to his Combatant Status Review Tribunal.

Detainee election form

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On 21 October 2004, his Personal Representative met with him, from 8:12 am to 8:32 am.[8] His Person Representative recorded on his Detainee election form:

Detainee does not desire to participate in the Tribunal. Tribunal will be In Absentia. Detainee was unresponsive and did not say a word during the entire interview. However, I was able to present the unclassified evidence to him, which he read over two times. I have completed the initial interview silent detainee worksheet. Please cancel the 22 Oct, 0800 followup and 26 Oct 730 Final. The IA Tribunal is currently scheduled for 27 Oct, 1300.

Decision memo

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His "enemy combatant" status was confirmed by Tribunal panel 15, which convened October 23, 2004.[9] The decision memo recorded that the captive did not participate in his Tribunal. It recorded that the Tribunal relied entirely on classified evidence.

The Personal Representative advised the detainee of his rights and gave the detainee a translated copy of the unclassified summary of the evidence. The PR said the detainee read the unclassified summary twice then handed it back to the PR. The detainee made a sarcastic expression indicating to the PR that the detainee understood the unclassified summary. The detainee was unresponsive to PR and that is how the PR determined that the detainee did [sic] want to participate in the Tribunal proceedings as outlined in exhibit D-a. The detainee did not participate in the hearing.

Boumediene v. Bush

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On 12 June 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. All previous Guantanamo captives' habeas petitions were re-instated. On 18 July 2008, Samuel C. Kauffman renewed his habeas petition.[10]

Administrative Review Board

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Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.[11]

First annual Administrative Review Board

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A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's first annual Administrative Review Board, on 6 October 2005.[12] The memo listed twenty-two "primary factors favor[ing] continued detention" and nine "primary factors favor[ing] release or transfer".[citation needed]

Second annual Administrative Review Board

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A Summary of Evidence memo was prepared for Mahmud Salem Horan Mohammed Mutlak Al Ali's second annual Administrative Review Board, on 19 June 2006.[13] The memo listed six "primary factors favor[ing] continued detention" and six "primary factors favor[ing] release or transfer".[citation needed]

Transfer to Germany

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Al Ali, Saudi captive Ohmed Ahmed Mahamoud Al Shurfa, and another man were transferred to Germany on 16 September 2010.[2][3][14] Al Ali was transferred to the Rhineland-Palatinate.

According to Der Spiegel Germany's Federal Government had sought the agreement of local authorities prior to completing the transfer.[3] According to Der Spiegel, German officials asserted that American officials had cleared the two men of suspicion of involvement with terrorism. Der Spiegel reported a German official asserted: "According to our knowledge, he does not pose any threat ... We haven't brought a sleeper into our country," German officials conducted interviews with the two men, in Guantanamo, in March, to confirm their suitability for transfer to Germany. German officials contacted security officials in other European countries, to confirm they had no reason to suspect the men had ties to terrorism.[citation needed]

References

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  1. ^ OARDEC (15 May 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 29 September 2007.
  2. ^ a b Carol Rosenberg (16 September 2010). "Camps census now 174: Germany takes in two Arab captives from Guantánamo". Miami Herald. Archived from the original on 14 July 2011. Retrieved 19 September 2010. The Pentagon reduced its Guantánamo prison camps census to 174 foreign captives on Thursday, announcing that it had sent two Arabs to resettlement in Germany.
  3. ^ a b c "Two Former Inmates Arrive in Germany". Der Spiegel. 16 September 2010. Archived from the original on 18 September 2010. Retrieved 30 May 2017. Later on Thursday, a second former Guantanamo prisoner -- 36-year-old Mahmoud Salim al-Ali of Syria -- arrived in the state of Rhineland-Palatinate in central-western Germany, an official with the state's Interior Ministry said. "According to our knowledge, he does not pose any threat," a spokesman said. "We haven't brought a sleeper into our country," he said, referring to the phenomenon of potential terrorists like the 9/11 cell that infiltrate society and appear to be normal residents before they are activated.
  4. ^ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published May 2005)" (PDF). United States Department of Defense. p. 12. Archived from the original (PDF) on 7 May 2008. Retrieved 5 May 2008.
  5. ^ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005)" (PDF). United States Department of Defense. p. 221. Archived from the original (PDF) on 31 July 2006. Retrieved 5 May 2008.
  6. ^ OARDEC (5 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Ali, Mahmud Salem Horan Mohammed (published September 2007)" (PDF). United States Department of Defense. p. 62. Archived from the original (PDF) on 3 December 2007. Retrieved 5 May 2008.
  7. ^ "Mahmud Salem Horan Mohammed Mutlak Al Ali v. George Walker Bush" (PDF). United States Department of Defense. 6 May 2005. pp. 1–15. Archived from the original (PDF) on 7 May 2008. Retrieved 5 May 2008.
  8. ^ "Detainee election form" (PDF). United States Department of Defense. 21 October 2004. p. 11. Retrieved 5 May 2008.[permanent dead link‍]
  9. ^ "Unclassified Summary of Basis for Tribunal Decision" (PDF). United States Department of Defense. 23 October 2004. pp. 9–10. Archived from the original (PDF) on 7 May 2008. Retrieved 5 May 2008.
  10. ^ Samuel C. Kauffman (29 July 2008). "Guantanamo Bay Detainee Litigation: Doc 145 -- PETITIONER'S STATUS REPORT PURSUANT TO JUDGE HOGAN'S JULY 11, 2008 SCHEDULING ORDER" (PDF). United States Department of Justice. Retrieved 13 August 2008.
  11. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". 6 March 2007. Archived from the original on 28 February 2010. Retrieved 12 November 2010.
  12. ^ OARDEC (6 October 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak" (PDF). United States Department of Defense. pp. 98–101. Archived from the original (PDF) on 4 December 2007. Retrieved 5 May 2008.
  13. ^ OARDEC (19 June 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Ali, Mahmud Salem Horan Mohammed Mutlak" (PDF). United States Department of Defense. pp. 25–26. Archived from the original (PDF) on 3 December 2007. Retrieved 5 May 2008.
  14. ^ "Deutschland hat zwei Personen aus Guantanamo aufgenommen" (PDF). Germany. 16 September 2010. Archived from the original (PDF) on 2 October 2011. Retrieved 19 September 2010.
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