Mustafa al-Shamyri

Mustafa Abdul Qawi Abdul Aziz Al Shamyri
Mustafa Abdul Oowi Abdul al-Shamiri's Guantanamo identity portrait, showing him wearing the white uniform issued to compliant individuals.
Born	(1978-07-07) July 7, 1978 Sana'a, Yemen
Citizenship	Yemen
ISN	434
Charge(s)	no charge extrajudicial detention

Mustafa Abdul Qawi Abdul Aziz Al Shamyri is a citizen of Yemen held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Al Shamyri's Guantanamo detainee ID number is 434. The Department of Defense reports that Al Shamyri was born on July 7, 1978, in Sana'a, Yemen.

Held due to mistaken identity

At his 2015 Periodic Review Board hearing the DoD acknowledged that they had realized that Shamyri had been held due to a misidentification.^[2] According to NBC News Guantanamo analysts explained the identity confusion by admitting their colleagues had relied on "fragmentary reporting" that linked him to volunteering in the civil war that lead to Bosnian independence.^[3] With regard to the more serious allegations that had been used to justify his detention they now admitted: "we now judge that these activities were carried out by other known extremists".

In January 2016, he was "cleared for release".^[4] This does not imply that he will actually be released; many other detainees that have been "cleared for release" have little prospect of ever obtaining their freedom.^[5]

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.^[6] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.^[7][8]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.^[6][9]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:^[10]

• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges ... are members of Al Qaeda."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges ... fought for the Taliban."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."

^[10]

• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the captives who was an "al Qaeda operative".^[10]
• Mustafa Abdul Qawi Abdul Aziz Al Shamyri was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."^[10]

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 Tribunal. 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. ^[11][12]

The following primary factors favor continued detention

a. Commitment

1. In January 2001, the detainee decided to travel from Yemen to Afghanistan during Ramadan, following the fatwa of Sheikh Hamoud Al Ukla Aqula. He flew from San'aa, Yemen to Karachi, Pakistan after buying a plane ticket with his own money and money from Salam Al Hadrami.
2. Sheik Hamoud al Uqqula [sic] is a Saudi Mufti who issued fatwas and encouraged people to fight Jihad against Christians and Jews. Al Uqqula condoned the 11 September 2001 attacks against the United States. In addition, he helped raise money for Usama Bin Laden [sic] until his death in Saudi Arabia in 2001.
3. While in the frontlines near Konduz, Afghanistan, the detainee attended a lecture given by Usama Bin Laden [sic].
4. The detainee retreated with his unit from Konduz to Mazari Sharif, where coalition forces captured him approximately 26 November 2001.

b. Training

1. A detained al Qaida official identified the detainee as a Yemeni national who participated in the Bosnian Jihad and received specialized training in Kabul, Afghanistan. Furthermore, he stated the detainee was a frequent visitor of an al Qaida guesthouse in Kabul.
2. The detainee received ten days of small arms training at a volunteer camp near Shabour, Yemen. Training was performed on the AK-47, DSHK-38, RPG's [sic] and the PK machine gun.

c. Connections/Associations

1. When the detainee arrived in Kandahar he was received by Abdul Salam al Hadrani, his facilitator from Yemen.
2. Abdul Salam al Hadrani was identified as a Yemeni al-Qaida Member, who was believed to be in Afghanistan as of 15 December 2001.
3. The detainee fully admits he was supposed to attend training at al Farouk Camp, but training was not mandated because al Hadrani vouched for detainee's previous training.

d. Intent

1. The detainee served approximately six months in the frontlines at Omar Saif Center.
2. The detainee served approximately six months in the frontlines in the vicinity of Konduz, Afghanistan.
3. The detainee stated that, killing in the name of Jihad is acceptable and that his friends had killed more people than he had.

e. Other Relevant Data

The detainee was part of the Taliban surrender at Konduz, Afghanistan and subsequently was taken to Mazari Sharif for detention but did not witness the uprising.

f. Detainee Conduct

The detainee assaulted the guards by throwing food on the guard force. The detainee was cited for harassing guards, inciting disturbances and several hostile acts.

The following primary factors favor release or transfer

The detainee denied having any knowledge of the attacks in the U.S. prior to their execution on September 11, and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests. The detainee was queried regarding any knowledge or planning of internal uprisings at the Guantanamo detention facility, with negative results.

References