Mohamed Atiq Awayd Al Harbi is a citizen of
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
formerly held in
extrajudicial detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
's
Guantanamo Bay detention camp
The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
s, in
Cuba
Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
.
His Guantanamo Internee Security Number was 333. The
US Department of Defense
The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
reports that he was born on July 13, 1973, in
Riyadh
Riyadh is the capital and largest city of Saudi Arabia. It is also the capital of the Riyadh Province and the centre of the Riyadh Governorate. Located on the eastern bank of Wadi Hanifa, the current form of the metropolis largely emerged in th ...
, Saudi Arabia.
Muhammad al Awfi was transferred to Saudi Arabia on November 9, 2007.
Independent counter-terrorism consultants at the
SITE Institute
SITE Intelligence Group is an American for-profit consultancy group that tracks online activity of white supremacist and jihadist organizations. It is led by the Israeli analyst Rita Katz and based in Bethesda, Maryland. From 2002 to 2008, Katz h ...
assert a man identified as
Abu Hareth Muhammad al-Oufi is actually Al Harbi.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the
Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
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 is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states:
ICRC commentary on competent tribunals
The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Gene ...
s to determine whether captives are, or are not, entitled to the protections of
prisoner of war
A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war for a ...
status.
Subsequently, the
Department of Defense
The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
instituted the
Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) 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 establi ...
s. The Tribunals, however, were not authorized to determine whether the captives were ''lawful combatants''—rather they were merely empowered to make a recommendation whether the captive had previously been correctly determined to match the Bush administration's definition of an
enemy combatant
Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of t ...
.
Summary of Evidence memo
A Summary of Evidence memo was prepared for Combatant Status Review Tribunal on
Transcript
Al Harbi chose to participate in his Combatant Status Review Tribunal.
Mentioned in the "No-hearing hearings" study
According to the study entitled,
No-hearing hearings
''No-Hearing Hearings'' (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research f ...
, Al Harbi was an example of a captive who was arbitrarily denied the opportunity to present exculpatory documents to his Tribunal.
The study quoted Al Harbi:
Repatriation
On November 25, 2008, the Department of Defense released a list of the dates captives departed from Guantanamo.
According to that list he was repatriated to Saudi custody on November 9, 2007, with thirteen other men. The records published from the captives' annual Administrative Reviews show his repatriation was the subject of formal internal review procedures in 2005, 2006 and 2007.
But the Board's recommendations from the 2007 review—the only one to be published—were redacted. The conclusion the
Designated Civilian Official authorized was also redacted.
At least ten other men in his release group were not repatriated through the formal review procedure.
[
Peter Taylor writing for the '']BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
'' called the Saudis repatriated on November 9, 2007, with al-Harbi, ''"batch 10"''. He wrote that the ''BBC's'' research had found this batch to be a problematic cohort, and that four other men from this batch were named on the Saudi most wanted list
Periodically Saudi Arabia's Ministry of Interior (Saudi Arabia), Ministry of Interior publishes a most wanted list.
According to ''Asharq Alawsat'' Saudi Arabia has published four lists of "most wanted" suspected terrorists, and those ...
.
Defection
In January 2009, Al-Qaeda in the Arabian Peninsula
Al-Qaeda in the Arabian Peninsula ( or : Tanẓīm Qā‘idat al-Jihād fī Jazīrat al-‘Arab, . Organization of Jihad's Base in the Arabian Peninsula), or AQAP is a Sunni Islam, Sunni Islamic extremism, Islamist militant organization which s ...
released several threatening videos.
Two of the Al-Qaida spokesmen appearing in the video identified themselves as former Guantanamo captives, and graduates of the Care rehabilitation center
The Care Rehabilitation Center is a facility in Saudi Arabia intended to re-integrate former jihadists into the mainstream of Saudi culture. The center is located in a former resort complex, complete with swimming pools, and other recreational faci ...
, a Saudi facility intended to deprogram former jihadists. One of the men claiming to be a former Guantanamo captive, identified himself as Abu Hareth Muhammad al-Oufi claimed to have been Guantanamo captive 333.
He appeared in the video with three other men, one of whom was also identified as a former Guantanamo captive, Guantanamo captive 372
Sa'id Ali Jabir Al Khathim Al Shihri (Arabic: سعيد علي جابر الخثيم الشهري) was a Saudi Arabian deputy leader of the terrorist group Al-Qaeda in the Arabian Peninsula (AQAP), and possibly involved in the kidnappings and mu ...
, Abu Sufyan al-Azdi al-Shahri
Sa'id Ali Jabir Al Khathim Al Shihri (Arabic: سعيد علي جابر الخثيم الشهري) was a Saudi Arabian deputy leader of the terrorist group Al-Qaeda in the Arabian Peninsula (AQAP), and possibly involved in the kidnappings and mu ...
. The other two men were identified as Abu Baseer al-Wahayshi and Abu Hureira Qasm al-Rimi
Qasim Mohamed Mahdi al-Raymi (; 5 June 1978 – 29 January 2020) was a Yemeni militant who was the emir of al-Qaeda in the Arabian Peninsula (AQAP). Al-Raymi was one of 23 men who escaped in the 3 February 2006 prison-break in Yemen, along with ...
.
The independent third party terrorist consultants at SITE Institute
SITE Intelligence Group is an American for-profit consultancy group that tracks online activity of white supremacist and jihadist organizations. It is led by the Israeli analyst Rita Katz and based in Bethesda, Maryland. From 2002 to 2008, Katz h ...
confirmed that he was Guantanamo captive 333.[ Guantanamo spokesman ]Commander
Commander (commonly abbreviated as Cmdr.) is a common naval officer rank as well as a job title in many army, armies. Commander is also used as a rank or title in other formal organizations, including several police forces. In several countri ...
Jeffrey Gordon declined to confirm SITE's identifications.
On January 28, 2009, the ''Saudi Gazette
''Saudi Gazette'' is an English-language daily newspaper launched in 1976 and published in Jeddah, Saudi Arabia. It is only available online, as the print version was discontinued in 2019. It is the second English-language daily newspaper in Saud ...
'' published a report based largely on interviews with al-Oufi's family. Al-Oufi's mother told the ''Saudi Gazette'' that her son's radicalization was due to al-Shihri's influence. His sister said he gave no clues to his defection and disappearance until he received a cell phone call from Al-Shihri, who subsequently picked him up, and then the pair disappeared. She said their father had been bed-ridden since his re-emergence on the al Qaida video.
The article also quoted former Guantanamo captive Abdulaziz Abdulrahman Al-Badah:[
On February 3, 2009, the Saudi government published a ]most wanted list
A most wanted list is a list of criminals and alleged criminals who are believed to be fugitive, at large and are identified as a law enforcement agency's highest priority for capture. The list can alert the public to be watchful, and generates ...
that named 85 suspected terrorists. Robert Worth, reporting in ''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', wrote that fourteen Saudis, formerly held in Guantanamo, had fallen under suspicion of supporting terrorism following their release. He identified "Abu Hareth Muhammad al-Awfi", an alias of al Harbis as on the list, with two of the three other men who appeared in the threatening video, and a third man.
Surrender
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world.
The agency ...
, Agence France Presse
Agence France-Presse (; AFP) is a French international news agency headquartered in Paris, France. Founded in 1835 as Havas, it is the world's oldest news agency.
With 2,400 employees of 100 nationalities, AFP has an editorial presence in 260 c ...
and ''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported on February 17, 2009, that Saudi Authorities reported "Mohamed Atiq Awayd al-Awfi" voluntarily turned himself in to Saudi authorities in Yemen. The ''Saudi Gazette
''Saudi Gazette'' is an English-language daily newspaper launched in 1976 and published in Jeddah, Saudi Arabia. It is only available online, as the print version was discontinued in 2019. It is the second English-language daily newspaper in Saud ...
'' reports he turned himself in to Yemeni authorities at the Saudi/Yemen border.
CNN
Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
reported that he was captured by Yemeni security officials who extradited him to Saudi Arabia. Another difference between CNN's reporting and that from other news services is that CNN called Al Shihri ''"one of al Qaeda's top leaders in Yemen"'', and called al-Awfi
"the group's field commander." According to other news services. al-Shihri had been identified as second in command of Al-Qaida in the Arabian Peninsula
Al-Qaeda in the Arabian Peninsula ( or : Tanẓīm Qā‘idat al-Jihād fī Jazīrat al-‘Arab, . Organization of Jihad's Base in the Arabian Peninsula), or AQAP is a Sunni Islam, Sunni Islamic extremism, Islamist militant organization which s ...
, and no one had stated al-Awfi's position in the organization.
Al Awfi is reported to have contacted the leaders of the rehabilitation program prior to his surrender. He is reported to be scheduled to return to the rehabilitation program.
According to the '' Middle East Online'' Saudi security officials assert Al Harbi has informed them that Iran
Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
is sponsoring al Qaeda.
Listed as a former captive who "re-engaged in terrorism"
On May 27, 2009, the Defense Intelligence Agency
The Defense Intelligence Agency (DIA) is an intelligence agency and combat support agency of the United States Department of Defense (DoD) specializing in military intelligence.
A component of the Department of Defense and the United States In ...
published a "fact sheet" listing captives who ''"re-engaged in terrorism"''. The fact sheet listed al Awfi and Al Shihri.
BBC Interview
Peter Taylor interviewed Al Harbi, who he called "Mohammed al-Awfi", for the ''BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
''.[ Mohammed al-Awfi told him that his interrogations in ]Bagram
Bagram (; Pashto/) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir Valley, near t ...
involved brutal abuse to his genitals. He attributed his escape to join the jihadists because the abuse he suffered at the hands of the Americans was more powerful than the arguments offered in the Care rehabilitation program. He said that once he was in Yemen, with the jihadists:
Taylor reported being skeptical of Mohammed al-Awfi's account of his escape to Yemen and his subsequent defection.[
]
References
External links
Former al-Qaeda member alleges US abuse in Afghanistan
video from the BBC
The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
January 13, 2010
Innocents and Foot Soldiers: The Stories of the 14 Saudis Just Released From Guantánamo
Andy Worthington
{{DEFAULTSORT:Harbi, Mohamed Atiq Awayd Al-
Living people
1973 births
People from Riyadh
Guantanamo detainees known to have been released
Individuals designated as suspected terrorists by the Saudi Arabian government
Saudi Arabian extrajudicial prisoners of the United States