Anwar Al Nur

Anwar al-Noor

Anwar Hamdan Muhammed Al-Noor is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number was 226. The Department of Defense reports that he was born on January 2 1977, in Toraif, Saudi Arabia.

Identity

Captive 226 was identified inconsistently on official Department of Defense documents:

  • Captive 226 was identified as Anwar Hamdan Muhammed Al Nur on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 16 November 2004, and on the Summary of Evidence memo prepared for his first and second annual Administrative Review Boards, on 11 October 2005 and 7 June 2006.
  • Captive 226 was identified as Anwar Al Nur on the official lists of captives' names.
  • Captive 226 was identified as Anwar Hamdan Muhammed Al-Nur on a package of documents published in response to his habeas corpus petition on 24 May 2006.
  • Captive 226 was identified as Anwar Handan Al Shimmiri on other habeas corpus related documents.

Combatant Status Review Tribunal

Initially the Bush administration 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 tribunals 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 Tribunals. 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 administration's definition of an enemy combatant.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Anwar Hamdan Muhammed Al Nur's Combatant Status Review Tribunal, on 16 November 2004. The memo listed the following allegations against him:

a. The detainee is a member of al Qaida and supported al Qaida and the Taliban in military operations against the United States and its coalition partners:
#During November 2001, the detaiene traveled from Saudi Arabia through Jordan, Syria, and Iran (Tehran and Mashhad) to Herat, Afghanistan, then on Kandahar and Kabul.
#The detainee's name was found on a file in a computer used by suspected al Qaida members listing seventy-eight associates incarcerated in Pakistan.
#The detainee's name and other information was found in a 02 September 2002 "chat session" found on the hard drive of a computer confiscated from members of the suspected al Qaida cell involved in the October 2002 attack on U.S. Marines on Faylaka Island.
#The detainee's name, hometown, and mobile phone number was included in a list of eighty-four Mujahidin fighters captured as they crossed the border into Nangarhar Province by the Pakistani Government.
#The detainee's name, and other personal information, was found on a hard drive that was associated with Khalid Shaykh Mohammad , a known high-level al Qaida operative, and which was seized during joint raids with the Pakistani Inter-Service Intelligence Directorate on 01 March 2003, in Pakistan.
#The detainee worked for the NGO al Wafa in Afghanistan.
#The al Wafa Humanitarian Organization has been designated as an organization that assists in, sponsors, or provides financial, material, or technological support for, or financial or other services to, or in support of, acts of terrorism.
#The detainee's name was found on a list of al Qaida Mujahidin and the contents of his "trust" account was found on files recovered from various computer media seized during raids on an al Qaida safehouses, on 01 March 2003 and Karachi on 11 September 2002.
#The detainee, along with other Arabs he was traveling with, was captured by the Pakistani Military in November 2001 while trying to cross into Pakistan from Afghanistan.

Habeas corpus

A writ of habeas corpus, Anwar Hamdan Muhammed Al-Nur v. George W. Bush, was submitted on Anwar Hamdan Muhammed Al-Nur's behalf. In response, on 24 May 2006, the Department of Defense released 22 pages of unclassified documents related to his Combatant Status Review Tribunal.

His enemy combatant status was confirmed, in his absence, by Tribunal panel 21 on December 3 2004.

A Legal Advisor drafted a Legal Sufficiency Review on 18 January 2005, stating they thought his Tribunal's conduct was "legally sufficient".

His Personal Representative reported to the Tribunal, from a Detainee election form that he met with the captive on 26 November 2004 for seventeen minutes. The Detainee election form recorded:

Detainee didn't say a word the entire interview. Did not nod or indicate in any way his response to yes or no questions. Remained unresponsive and looked at the floor with his head down the entire interview. I explained the entire CSRT process and appear before the tribunal (no response) . I asked if he wanted to submit a written statement to the tribunal (no response) . I asked if he wanted to call any witnesses who could offer testimony on his behalf (no response) {{sic)). After each question (above) I told him that I assume by his absence that his answer is no . I explained that the tribunal would still be held in his absence. JDIMS shows this detainee speaking fluent English and Arabic. FYI: I did use an Arabic interpreter.

Salam Abdullah Said v. George W. Bush

Anwar Handan Al Shimmiri was one of five Saudi who had a petition of habeas corpus filed on their behalf December 13, 2005, in Salam Abdullah Said v. George W. Bush. In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.

Seizure of privileged lawyer-client documents

On June 10 2006 the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of assymetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents. Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12 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. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18, 2008 David W. DeBruin filed a renewal for the habeas corpus of two of the five captives in Said v. Bush. The petition stated that "Anwar Handan Al Shimmiri" and two other captives had been repatriated.

Administrative Review Board hearings

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 weren't authorized to review whether a detainee qualified for POW status, and they weren't 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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Anwar Hamdan Muhammed Al Nur's first annual Administrative Review Board, on 11 October 2005. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Commitment
#The detainee claimed he was on an unpaid vacation form the university , yet he received a paycheck from the university via direct-deposit to the Rajeh Banking Institution in Jouf , Saudi Arabia.
#The detainee had asked for a six-month leave of absence, which was granted. When the detainee stopped showing up for work, he was terminated as a teacher in al-Jawf .
#Approximately 15 October 2001, the detainee and others traveled from al Qurayat, Saudi Arabia to Damascus, Syria to Tehran, Iran to Mashhad, to the Afghanistan boarder and then onto Herat. The detainee continued on to Kabul and Khowst, where he stayed for approximately one month.

b. Connections/Associations
#The detainee claimed he was working unofficially for the Islamic Relief Organization based in Saudi Arabia.
#In late December 2001, several individuals admitted to having been fighters in Afghanistan, but none to being associated with Usama Bin Laden. The detainee's name and phone number were found in the notebook of one of the individuals.
#The detainee's name was found on a document listing 324 Arabic names, aliases and nationalities recovered from safehouse raids associated with suspected al Qaida.
#The detainee's name was discovered as part of information that was recovered from hard drives, which were seized from the suspected al Qaida cell that attacked the United States Marines on Faylaka Island in October 2002.
#The detainee's name was found on a chart listing the names of captured Mujahidin, seized during joint raids in March 2003.
#The detainee was captured with a list of ten phone numbers and names. Among them, a contact in Ceuta, in North Africa, a territory of Spain known for its illicit drug, weapons and human trade.
#The detainee stated he used to cooperate with the Islamic Relief Organization, in al Jawf , Saudi Arabia.

c. Other Relevant Data
#On approximately 1 November 2001, the detainee left Khowst, Afghanistan because it had become too dangerous to work there any longer. The detainee and eight others departed and gave themselves up to a Pakistani Army Unit. The detainee was then turned over to the Pakistani Police, who took them to a prison in [[Peshawar, Pakistan. The detainee was turned over to the United States authorities.
#The detainee denies speaking any English but answered many questions without the use of an interpreter.
#The detainee made the comment, "If you find that I am al Qaida, then execute me."
#An individual provided information, which is similar to that provided by the detainee, regarding illegally obtained Iranian Travel Visas in Madrid, Spain. Both individuals have a matching address and telephone number.
#The detainee blamed the Americans for treating Muslims badly and that the attacks of 11 September 2001 were the Americans' responsibility because of their treatment of Muslims. The detainee feels strongly that the United States is in a war against Islami.

The following primary factors favor release or transfer:

a. The detainee denied having any knowledg of the attacks in the United States prior to their execution on September 11th, 2001.
b. The detainee also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.
c. The detainee was queried regarding any knowledge of planning of internal uprisings at the Guantanamo Detention Facility, with negative results.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Anwar Hamdam Muhammad Al Nur's second annual Administrative Review Board, on 7 June 2006. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Commitment
#The detainee claims he decided to travel to Khowst, Afghanistan with a friend to do humanitarian work. The detainee stated that during the war there were many people killed in Khowst, leaving many orphans.
#On approximately 15 October 2001, the detainee and others traveled from al Qurayat, Saudi Arabia through Damascus, Syria; Tehran, Iran; Mashhad, Iran; the Afghanistan border; and arrive in Herat, Afghanistan. The detainee continued on to Kabul and then Khowst, Afghanistan, where he stayed for approximately one month.
#The detainee stated that in November it became too dangerous for him and the others to stay in Khowst, Afghanistan. The detainee decided to flee to Pakistan with eight others. The detainee and eight others were met by the Pakistani Police when they reached the Pakistan border, and were arrested.
#In late December 2001, several individuals admitted to having been fighters in Afghanistan, but none to being associated with Usama bin Laden. The detainee's name and phone number were found in the notebook of one of the individuals.

b. Connections/Associations
#The detianee's name was found on a document listing 324 Arabic names, aliases and nationalities recovered from safe house raids associated with suspected al Qaida.
#The detainee's name was discovered as part of information that was recovered from hard drives that were seized from the suspected al Qaida cell that attacked the United States Marines on Faylaka Island in October 2002.
#The detainee's name was listed on a document associated with the London-based Islamic Observation Center as a Saudi fighting with the Taliban against the Northern Alliance.
#The detainee's name was on a website that identified a group of al Qaida and Taliban fighters captured in the Nangarhar province, Afghanistan on 14 December 2001. A prisoner attacked and disarmed a guard during during transport. A struggle ensued leaving six guards and ten prisoners dead.
#The detainee's name was found on a document containing a list of names, safety-deposit boxes and contents, which was recovered from raids of a suspect al Qaida safe house on 11 September 2002.
#The detainee's name was found on a document listing suspected al Qaida Mujahedin and the contents of their trust accounts during raids against al Qaida-associated safe houses in Pakistan.
#The detainee was identified as being involved in relief missions for al Wafa in Afghanistan.
#Al Wafa al Igatha al Islamia was placed on the Terrorist Exclusion List by the Secretary of State, identifying it as an organization that commits, incites to commit, prepares, plans, or supports terrorist activities.

c. Other Relevant Data
#The detainee blamed the Americans for treating Muslims badly and stated that the attacks on 11 September 2001 were the Americans' responsibility because of their treatment of Muslims. The detainee feels strongly that the United States is in a war against Islam.
#A foreign government service provided information on thirty-seven detainees being held at Guantanamo Bay, whom they designated as being high priority. The detainee was among those identified.
#In July 2002, a delegation from a foreign government identified the detainee as one whom they believed to be of low intelligence or law enforcement value to the United States and was unlikely to pose a terrorist threat to the United States or its interests.

The following primary factors favor release or transfer:

a. A foreign government delegation indicated that the Saudi government would be willing to take custody of the detainee for possible prosecution as soon as the United States determined it no longer wanted to hold the detainee.
b. The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledge of any rumors of plans of future attacks on the United States or United States interests.

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 his transfer on August 14 2006.

His Board's memo stated:

Repatriation

According to The Saudi Repatriates Report Al Noor was one of sixteen men repatriated on December 14 2006.

References

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