Faris Muslim al Ansari is a citizen of
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bord ...
who was seventeen years old when captured and held in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
's
Guantanamo Bay detention camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
[
]
His Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts.
History
On March 3, 2006, in compliance with a court order from D ...
was 253.
American
intelligence analysts
Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
estimate that Al Ansari was born in 1984 in
Mukala, Yemen.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
to captives from
the war on terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
.
[
]
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 Geneva Con ...
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 who is 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 ...
status.
Subsequently the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
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 esta ...
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 administration's definition of an
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
.
Al Ansari chose to participate in his Combatant Status Review Tribunal.
[Summarized transcripts (.pdf)]
, from Faris Muslim Al Ansari's ''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 esta ...
'' - pages 128-133
allegations
The allegations Al Ansari faced during his Tribunal were:
Administrative Review Board hearing
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba.
The purpose of the Board is to ...
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.
The transcript from Al Ansari's Administrative Review Board hearing show he initially planned to participate in his hearing.
[Summarized transcript (.pdf)]
, from Faris Muslim Al Ansari's ''Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba.
The purpose of the Board is to ...
hearing'' - page 253
However, he changed his mind when he asked his Assisting Military Officer, who would be attending the hearing.
His Assisting Military Officer said he didn't tell him how many officers would be attending, but he confirmed for him that there wouldn't be any lawyers present.
The transcript records the Presiding Officer asking the Designated Military Officer about two individuals,
named in the factors favoring Al Ansari's continued detention, who were both associated with
guest houses in Kandahar, had similarly spelled names.
One was named "Abu Kaloud" and the other was named "Abu Kalood Al Yemeni". The Designated Military Officer
said he ''thought'' they were the same individual, but he would have to double-check.
Al Ansari had tried to call for the testimony of an individual named
Abu Jahad Al-Yemani during his Tribunal.
Medical records
On March 16, 2007 the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
published height and weight records for all but ten of the captives held in Guantanamo.
[
]
Faris Muslim Al Ansari
is one of ten men whose height and weight records were withheld.
The Department of Defense has not offered an explanation for why no records for those ten men were published.
Repatriation
The Department of Defense published the dates captives departed from Guantanamo on 26 November 2008.
[
]
According to that list Faris al-Ansari was repatriated on December 28, 2007.
On January 9, 2009 the Department of Defense published the records for the third set of Administrative Review Board hearings, conducted in 2007 and early 2008.
[
]
According to those records no review was scheduled for Al-Ansari in 2007.
According to the records of the 2005 and 2006 Board hearings, those boards had not recommended his repatriation.
[
][
]
Like the nine other men Al-Ansari was repatriated in spite of the
Office for the Administrative Review of Detained Enemy Combatants recommending his continued detention in US custody.
See also
*
Minors detained in the War on Terror
Juveniles held at the Guantanamo Bay detention camp numbered fifteen, according to a 2011 study by the Center for the Study of Human Rights in the Americas at the University of California Davis. The U.S. State Department had publicly acknowledged ...
References
External links
The Pentagon Can’t Count: 22 Juveniles Held at GuantánamoAndy Worthington
{{DEFAULTSORT:Ansari, Faris Muslim
Living people
Guantanamo detainees known to have been released
Afghan extrajudicial prisoners of the United States
Juveniles held at the Guantanamo Bay detention camp
1984 births