<<

UNCLASSIFIED Approvedfor PublicRelease

7 MARCH 2016

GUANTANAMO DETAINEE PROFILE

DetaineeISN : YM - 027

Detainee ISN YM -027

DetaineeName: Uthman -RahimMuhammadUthman Uthman abd al Rahim ;Uthman abu Huthayfah;Othman Abdul Rahim ;Abu Huthayfah al Detainee Aliases: Adani Ahmad abd - al-Raheem aka Othman ;Uthman al Yasser al- Madani

Nationality: Yemeni

Dateof Birth: 12 August 1980 Arrivalat Guantanamo: January 2002 Uthman RahimMuhammadUthman ( YM -027) left Yemen to participate injihad in , where he was later selected to be a bodyguard for UsamabinLadin. He fought in the Tora Bora MountainsofNangarhar Province, Afghanistan, probably against CoalitionForces. He fled to after fightingin Tora Bora, where he was detained in December 2001.

YM -027 has been mostly compliant at the Guantanamo detention facility, according to Joint Task Force Guantanamo . He has committed less than 80 infractions since his arrival a number relative to other detainees — the majority of which have been non violent failures to comply with the guard force. In interviews, YM -027 has never admitted to being part of al-Qa'ida or being a bin Ladin bodyguard , and has maintained that he was in Afghanistan to teach Islamic law .

YM - statements while at Guantanamo suggest that he retains anti -US sentiments and is sympathetic to extremist causes. IfYM -027 were repatriated to Yemen, he probably would resettle in Al-Burayqah district in Adan governate. YM -027 has received one letter from a former detainee suspected of reengaging in terrorist activities, but did not respond.

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

PERIODICREVIEW BOARD INITIALHEARING, 26 APR 2016 UTHMAN AL -RAHIMMUHAMMADUTHMAN, ISN027 PERSONAL REPRESENTATIVEOPENING STATEMENT

Ladies and gentlemen of the Board , good morning. We are the Personal Representatives for Uthman Abd al-Rahim Muhammad Uthman, ISN 027. In our submission , we have provided you with information that demonstrates Mr. Uthman does not pose a continuing significant threat to the security of the United States. His family is ready to provide support after his transfer , and most importantly , he is willing to attend a rehabilitation program and live his life in peace .

As Uthman's Personal Representatives , we've met with him face to face on several occasions over the over the past months . Throughout our interactions , we have found him to be polite, sincere and pleasant. He has proven that he has a well-developed set of ethics and a sharp sense of right and wrong. He has stated to us on many occasions that he harbors no ill will to the United States for his detention and has a mutual respect for all countries.

Uthman's Personal Counsel , David Remes, has had regular contact with Uthman's family members . Uthman's family including his mother, sister and two brothers living in are ready and willing to support him in his homecoming . Inaddition , you have documents from Uthman detailing his desire to start a sesame oil business which he has explored in detailed, to include diversifying into a roadside food cart business.

Last month he lost his brother - in -law to the war in Yemen . He was a member of the Yemeni Army. Uthman has told us that he views his time in Guantanamo as a learning experience. In Yemen and subsequently in Afghanistan , he stated he did not have access to television or newspapers like he does now which caused him to have a distorted view of the world.

Uthman has demonstrated that he is open minded and willing to change when he sees hope of a better future. He is 36 years old and wishes to begin to live his life again as soon as possible and start a family of his own. He wishes to put this all behind him and build a normal, healthy life outside Guantanamo. Accordingly, we do not believe that Uthman is a continuing significant threat to the security of the United States.

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approvedfor Public Release

PERIODICREVIEW BOARD

STATEMENTOF DAVIDREMES PRIVATE COUNSEL FOR UTHMANABD AL -RAHIMMUHAMMADUTHMAN

APRIL 26, 2016

Goodmorning. Myname is DavidRemes. I am private counsel for UthmanAbdal-Rahim

Muhammad Uthman, ISN27. I have represented Uthmanin his habeas corpus case since July 2004. I havemetwithhim countless times. As I willexplain, I hopethat the Boardwillapprove Uthman transfer, with a recommendation that he be repatriated to Yemen.

Uthmanwould returnto a stable, tightly-knitfamilycenteredon the mother, the family's beating heart. Hewould returnto a family withthe meansto support him while he gets his bearings. His brother

who assumed the role of bread -winner 30 years ago , after their father died in a bitter civil war, does not earn merely a living, as the translationofUthman'sstatement puts it. At the oil company where he has worked for 25 years, his brother, in fact, is both highly regarded and highly paid. The family is

relativelyaffluent. ShouldUthmanbe resettledinSaudiArabia, his relativesthere alsohave the meansto

sustain him.

Thereis no questionthat Uthmanwill hit the ground running. Beforehe went to Afghanistan,

Uthman was a successful designer and manufacturer of men's and women's clothing wear. He knew his market and catered to it with the trendiest fashions. Uthman's quick mind, and his easygoing and good humored temperament,destine him for happiness and success in anything he tries to do.

Uthman's immediate objective is to reunite with his mother and family . Obviously , that means

repatriating him. I have absolutely no concern that Uthman would rejoin the fight, whether he is

repatriatedto Yemen or resettledanywhere else. Just as important, he would returnnot to Aden itselfbut to Little Aden. Separated from Aden by the wide Al- Tawahi Harbor, Little Aden has been relatively

undisturbedby the turmoil inAden. EveninAden, the forcesofPresidentAbdrabuMansurHadiappear to have the upper hand.

UNCLASSIFIED Approved for Public Release UNCLASSIFIED Approvedfor PublicRelease

In repatriating Uthman to Yemen, the United States would not only be reuniting a strong, loving family, it would be returning a youngman, still inhis prime, who can succeed and actually contribute to the communityaroundhim. He shouldbe approved transfer.

Thank you.

2

UNCLASSIFIED Approved for Public Release UNCLASSIFIED Approved for Public Release

CA : This Periodic Review Board is being conducted at 0904 hours

on 26 April 2016 , with regard to the following detainee : Uthman Abd

al- Rahim Muhammad Uthman , ISN 27 .

As a reminder, the unclassifiedportions of these proceedings

are being recorded for the purpose of generating a transcript to be posted on the PRS website .

TRANS 1 TRANSLATIONOF ABOVE

Representatives from the following agencies are present and are

members of the Board

DEPARTMENT OF DEFENSE;

DEPARTMENT OF STATE ;

DEPARTMENT OF JUSTICE ;

DEPARTMENT OF HOMELAND SECURITY

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE AND

OFFICE OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF .

The following personnel are also present:

LEGAL ADVISOR TO THE BOARD ;

CASE ADMINISTRATORS;

PERSONAL REPRESENTATIVES;

PRIVATE COUNSEL ;

TWO TRANSLATORS;

THE DETAINEE ; AND

1

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

SECURITY OFFICERS.

TRANS 1 : [ TRANSLATIONOF ABOVE

CA : The detainee's Personal Representatives, Private Counsel, the detainee, and one translator are located at the detention

facility, Naval Station Guantanamo Bay, Cuba . They are attendingvia video teleconference and the detainee waived translation of the unclassified summary , and Personal

Representatives ' and Private Counsel's opening statements . This

session is being observed by representatives from non - governmental organizations.

TRANS 1 : [ TRANSLATION OF ABOVE )

PM : Good morning This Board is called to order . The Board is convened to determine whether continued law of war detention is warranted for Uthman Abd al- Rahim Muhammad Uthman, ISN 27 , to protect against a continuing significant threat to the security of the United

States . From here forward , refer to the detainee as Uthman .

This session of the hearing is unclassified.

TRANS 1 : [ TRANSLATIONOF ABOVE

PM: Uthman , this is your Periodic Review Board to determine whether continued law of war detention is warranted in your case.

Continued law of war detention will be warranted if it's necessary to protect against a continuing significant threat to the national

2

Approvedfor PublicRelease UNCLASSIFIED UNCLASSIFIED Approvedfor PublicRelease

security of the United States . The focus of this hearing is on the threat you may pose to the United States and its interests if transferred from custody . It is not on the lawfulness of your detention.

TRANS 1 [ TRANSLATION OF ABOVE

PM : The Personal Representativesand Private Counsel are your representativesto assist you during this process. Finally , the translators are here to ensure that everybody understands your statements and that you understandwhat is being said during the hearing

TRANS 1 : [ TRANSLATION OF ABOVE

PM: Personal Representatives and Private Counsel, has the detainee had an opportunity to review the unclassifiedsummary?

TRANS 1 : [ TRANSLATIONOF ABOVE

PR 1 : Yes , Ma'am.

PM: All right . Thanks .

TRANS 2 : [ TRANSLATION OF PR 1 STATEMENT ]

PM : Sorry . Thank you. I'llread the unclassified summary :

Uthman Abd al - Rahim Muhammad Uthman , ISN 27 , left Yemen to participate in jihad in Afghanistan, where he was later selected to be a bodyguard for Osama bin Laden . He fought at... in the Tora Bora

Mountains of Nangarhar providence... Province in Afghanistan, probably

3

Approvedfor Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

against coalition forces. He fled to Pakistan after fighting in Tora

Bora , where he was detained in December 2001.

Uthman has been mostly compliant at the Guantanamo Detention

Facility according to Joint Task Force Guantanamo. He has committed less than 80 infractionssince his arrival. It's a low number relative to other detainees. The majority of his infractions have been non- violent failures to comply with the guard force. In

interviews, Uthman has never admitted to being part of al - Qaeda or being a bin Laden bodyguard, and has maintained that he was in

Afghanistan to teach Islamic law.

Uthman's statements while at Guantanamo suggest that he retains anti - . sentiment and is sympathetic to extremist causes . If

Uthman were repatriatedto Yemen, he probably would resettle in al

Burayqah district in Aden government... governorate . Uthmanhas received one letter from a former detainee suspected of reengaging in terrorist activities, but he did not respond.

Do the Personal Representativesand Private Counsel wish to make unclassified opening statements , at this time?

TRANS 1 [ TRANSLATION OF ABOVE )

PR 1 Yes, Ma'am.

PC : Yes, Ma'am.

TRANS 2 : [ TRANSLATION OF ABOVE

4

Approvedfor PublicRelease UNCLASSIFIED UNCLASSIFIED Approved for Public Release

PM : I'd like to remind all the participants that any

information shared at this time , must be unclassified . If there's a concern with the classification of information, I will indicate as such and stop the proceedings until we resolved the issue. Has the detainee had the opportunity to review your statements?

TRANS 1 : [ TRANSLATION OF ABOVE )

PR 1 : Yes , Ma'am .

TRANS 2 : [ TRANSLATION OF ABOVE

PM : Great Personal Representatives, please proceed.

TRANS 1 : [ TRANSLATION OF ABOVE

PR 1 : Ladies and gentlemen of the Board, good morning. We are the Personal Representatives for Uthman Abd al- Rahim Muhammad Uthman,

ISN 027 . In our submission , we have provided you with information that demonstrates mister... Mr. Uthman does not pose a continuing significant threat to the security of the United States . His family

is ready to provide support after his transfer, and most importantly, he is willing to attend a rehabilitationprogram and live his life in peace.

As Uthman's Personal Representatives, we've met with him face to

face on several occasions over the past months. Throughout our interactions, we have found him to be polite, sincere and pleasant .

He has proven that he has a well - developed set of ethics and a sharp

5

Approvedfor Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

sense of right and wrong . He has stated to us on many occasions that he harbors no illwill to the United States for his detentionand has a mutual respect for all countries.

Uthman's Personal Counsel David Remes, has had reger... regular contact with Uthman's family members . Uthman's family , including his mother, sister and two brothers living in Saudi Arabia, are ready and willing to support him on his homecoming. In addition, you have documents from Uthman detailing his desire to start a sesame business which he has explored in detail, to include diversifying

into a roadside food cart business .

Last month he lost his brother- in- law to the war in Yemen . He was a member of the Yemeni Army . Uthman has told us , that he views his time in Guantanamo as a learning experience . In Yemen, and

subsequently in Afghanistan, he stated that he did not have access to television or newspapers like he does now , which caused him to have a distorted view of the world.

Uthman has demonstrated that he is open minded and willing to change when he sees hope of a better future . He is 36 years old and wishes to begin to live his life again as soon as possible and start a family of his own . He wishes to put all this behind him and build a normal, healthy life... he wishes... outside of GTMO . Accordingly, we

6

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

do not believe that it... Uthman is continuing significant threat to the security of the United States .

PM : Thank you . Private Counsel, please proceed with your unclassifiedopening statement.

TRANS 1 : [ TRANSLATION OF ABOVE )

PC: Good morning My name is David Remes . I'm Private Counsel for Uthman Abd al- Rahim Muhammad Uthman , ISN 27 . I have represented

Uthman in his habeas corpus case since July 2004 . I have met with him countless times . As I will explain , I hope that the Board will approve Uthman for transfer , with a recommendation that he be repatriated to Yemen .

Uthman would return to a stable, tightly- knit family centered on the mother, the family's beating heart. He would return to a family with a means to support him , while he gets his bearings . His brother assumed the role of bread- winner 30 years ago, after their father died in a bitter civil war . He's not earned merely a " decent living, " as the translation of Uthman's statement puts it. At the oil company where he has worked for 25 years , his brother , in fact , is both highly regarded and highly paid. The family is relatively affluent. Should Uthman be resettled in Saudi Arabia , his relatives there also have the means to sustain him .

7

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

There is no question that Uthman will hit the ground running .

Before he went to Afghanistan , Uthman was a successful designer and manufacturer of women's... men's and women's clothing wear . He knew his market and catered to it with the trendiest fashions . Uthman's quick mind and his easygoing and good- humored temperament, destine him for happiness and success in anything he tries to do .

Uthman's immediate objective is to reunite with his mother and

family . Obviously, that means repatriatinghim. I have absolutely no concern that Uthman would quote " rejoin the fight unquote, whether he is repatriated to Yemen or resettled anywhere else . Just as important, he would return not to Aden but itself... but to Little

Aden . Separated from Aden by the wide Al - Tawahi Harbor , Little Aden has been relativelyundisturbed by the turmoil in Aden . Even in

Aden, the forces of President Abdrabu Mansur Hadi appear to have the upper hand.

In repatriatingUthman to Yemen, the United States would not only be reuniting a strong, loving family, it would be returning a young man , still in his prime, who can succeed and actually contribute to the community around him. He should be approved for transfer. Thank you .

8

Approvedfor Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

PM : The Board Members may reserves their questions until detainee and witness statements have been presented in their entirety Does anyone have a question for unclassified session?

( NON - VERBAL RESPONSE FROM CA

TRANS 1 : [ TRANSLATION OF ABOVE )

PM : All right, with no questions, this concludes this portion of the hearing. I ask that we all remain seated until further instructed by our Case Administrator .

TRANS 1 : [ TRANSLATION OF ABOVE )

CA : We will take a 15 minute recess to prepare for the remaining sessions .

TRANS 1 : ( TRANSLATION OF ABOVE )

[ The public session closed at 0923 , 5 April 2016.

[ END OF PAGE

9

Approved for Public Release UNCLASSIFIED UNCLASSIFIED Approved for Public Release

ABBREVIATIONAND ACRONYM KEY

BM : BOARD MEMBER

CA : CASE ADMINISTRATOR

DET DETAINEE

PC : PRIVATE COUNSEL

PM: PRESIDING MEMBER

PR 1 : PERSONAL REPRESENTATIVEONE

PR 2 : PERSONAL REPRESENTATIVETWO

TRANS 1 : TRANSLATOR ONE ( LOCATED AT PRS HQ )

TRANS 2 : TRANSLATOR TWO ( LOCATED AT GUANTANAMO )

10

Approvedfor PublicRelease UNCLASSIFIED UNCLASSIFIED Approved for Public Release

Unclassified Summary of FinalDetermination

Date of FinalDetermination DetaineeName Detainee ISN

26 MAY 2016 UthmanAbdal-RahimMuhammadUthman 27

The PeriodicReviewBoard, by consensus, determinedthat continued law of war detentionofthe detainee remains necessaryto protectagainsta continuingsignificantthreatto the securityof the UnitedStates.

In making this determination, the Board considered the detainee's past involvement in terrorist activities to include receiving combat training, staying in al-Qaeda guesthouses, fighting in the Tora Bora mountains probably against Coalition Forces, and his selection to be a bodyguard for Usama Bin Ladin. The Board also noted that the detainee's explanation for why he went to Afghanistan and what he did there was not credible. Further, the Board considered that the detainee's vague answers and almost complete lack of candor made it difficult for the Board to assess his current state of mind and intentions for the future, and that his prior statements suggests that he retains anti- US sentiments and is sympatheticto extremist causes.

The Board looks forward to reviewingthe detainee's file in six months and encourages detainee to continue to be compliant and take classes, to prepare a more detailed plan for the future, and to be more candid in future reviews.

1

Approvedfor PublicRelease

UNCLASSIFIED