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ACLU-RDI 6535 P.1 (B)( 1) (B)(3) Natsecact

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ACLU-RDI 6535 P.1 (B)( 1) (B)(3) Natsecact (b)( 1) (b)(3} NatSecAct TOP SECRETj Verbatim Transcriet of £ombatant Status Review Tribunal Hearing for ISN 10Ql6 OPENING PRESIDENT: This hearing shall come to order. RECORDER: This Tribunal is being conducted at 1334 hours on 27 March 2007 on board U.S. Naval Base Guantanamo Bay. Cuba. The folinwing personnel are present: ~-:=-----.. Colonel (b)(a) L...,.,....,...--:"l'l~~=.:.; OATH SESSION 1 RECORDER: All rise. PRESJDENT: Standby. we'll com:cl the record on that. Lieutenant Colonelj(b)(6) I J(b)(6) fis the Judge Advocate member of this Tribunal. Recorder, you may proceed. All rise. The Recorder will be sworn. Du you, Lieutenant Colonel lfb)f6) I swear or affirm that you will faithfully perform the duties as Recorder assigned in this Tribunal so help you God? RECORDER. I do. PRESIDENT· The Reporter will now be s\vom. The Recorder Will administer the oath. RECORDER: Do you, Sergeant F1rst Classl(b)(6) I. S\,.·car or affirm that you will faithfully discharge your duties as Reporter assigned in this Tribunal so help you God? REPORTER: I do. 1 Language Analyst. Tronslaror. and lingutsl arc used mterchan!l,eably ISN II 10016 F.nclosure (3 J Page I of30 {b)( 1) (b)(3) NatSecAct 15-L-1645/000/114 ACLU-RDI 6535 p.1 (b)( 1) (b)(3) NatSecAct TOP SECRETJ CONVENING AUTHORITY PRf·.SIDENT: The Translator will be s w~ ,rn . RF.CO RDI.:.R: Do you <;wear or affinn that you will taithfully perform the duties of Translator in the c;~sc now in hearing. so hdp you t;od? UNtil JI ST· I do PRESIDEN'I . We will take a bncf n.:c l:ss while the Detainee is brvught into the room. RECORDER: ·n,c tim<· is 1336 hours on March 27 1 ~ 2007. This f ribunal is now in recess I Tht• Tr1bunal mcmbc=rs leave thc room.] fTht• hibunal members reenter the room at I '41.1 All rise. PRESIDENT. This ht·aring will come to order. We may-- we rna' be seated. Good afternoon. Defore we begin, I undcrslancl that you ~peak and understand English. is that correct'.' DETA I~EE : I have diftlc.:ulty now-· to speak-- yes. IAiso ackn<•wledged by an up and dm.vn head movemc=nt I~ PRESIDENT: I understand; we will conduct thil' hcarmg m Engli <: h tht'n. If you do not understand something said here f\)(lay, I cnc.:ourdge you to ask me l(lr a translation at any time. A Linguist ts present for th ts purpose. Also the I .ingui-;t is available to as-;Jst you in communicating wa th us. Also l have nccn informed that you have some phy;sic.:al heallh ~; ond it i ons . Before we contmuc, I want to know if yuu fc.el you are able II• participate w1th us today. Wt· will he here tor about an hour. Dl:TAlNI!C· Yes. !Also aC:kHowlcdged by an up Md down head movement. I t>RE~H >f N t . Okay. very we ll. Jfyou need a break or hmc to tak t! ca r~ of yourself in any wny, pl.:ao;e let me know at any tJme lhi~ Tribunal is convened by order of the Direc tcH. Combatant Status Rcvit:w 1 ribunnls und ~r the provisions of his Order dated 12 l·cbruary 2007. ·n,is Tribunal will •letcrminc whc:ther ZA YN AI. ABJJ)!\J MUHAMM,\0 HUSA YN meets the critena to be dcs1gnatcd as an enemy comb::ltant against the l initcd States or its coalition p;1rtn c~ or otherwise meets the criteria to be designated as an em: my combatant. l Sunult01ncous Cornmu:l iUttion lnll:rruption IS!': 1/IOOIIi Enclosure ( 3) P:~r,c 2 of30 TOP SECRET/ (b)( 1) (b){3) NatSecAct 15-L-1645/DOD/115 ACLU-RDI 6535 p.2 (b)(1) (b)(3) NatSecAct TOP SECRET#- OATH SESSION 2 l"hc: members of this Tribunal shall now be ~worn. All rise. RFCORDER : Do you swear or affirm that you will faithfully pcrtonn your duties as a member of this Tribunal; that you will impartially examine and inquire into the matter now before you according to your consc • ~:nce. and the Jaws a11d regulations provtded: that you will make such findings of fact and conclusions as arc supported by the evidence presented; that in determining tho~c facts, you will US(' your prof~ssional knowkdge. best Judgment, and common ~nsc; and that you will make such findinl!S as are appropriate according to the best of your understanding of the rules. regulatiOn$. and laws govemmg this prucet."ding. and guided by your concept ofjusttcc so help you God'.> MtMRER~ . I do. PRJ:S[T)ENT The Recorder wtll now administer the oath to the Personal Representative. Rt::CORDI-:1~ · l>n you :;wear or aflirm1h~ t you will faithfully pcrh•rm the tlulie::; pf Personal Representative in this 1 ribunal. so help y ~> u God? PF.RSO~AL REP · I do PRESIDEN T. Please b..- :;call:d PRESIDENT· J'hc Recorder. the Reporter and Translator have be("n previously sworn. EXPLANATION OF PROCEEDINGS PRF.SIDENT: ZA YN .'\I. AHIOfN \lt lJ IIAM MAD IIUSA YN. Y(' tl nrc hereby advised the following applies during this hearing. You may be present at all open sessions of the Tribunal: howcv~'T. if you become d1sordcrly. you wi ll be removed from the hearing. and tho; Trihunal will co:1tinuc to hear evidence in your absence. You may nut be compelled to test fy at th1s Tribunal; however. you may testil)' if you wish to do so. Yot.r testimony can be under oath or unsworn. You may have the assistance of a Personal Representative at the hearing. Your a$sig.ncd J>crsonal Rcprcscntall vc is present. You may present evidence to this Tribunal. including the test ! ~nony of witnesses who arc rea!ionably available and whose testimony is relevant 10 this hearing You may qucst1on Witnesses testifying at the Tribunal. You may examine dncunlt:nls or :; tal~m~:nl s offered into t"vidcncc otht: r than classified mformation. However, certain documents may be partially masked for -;ecurity reasons. ZA YN AL /\Ill DI N \11UIIAM\1 \ D HUSA YN. do yuu understand this process? IS\J il 1001 6 Enclnsurc (3) !'agel of30 TOP SECRETh (b)( 1 ) (b)(3) NatSecAct 15-L-1645/DOD/116 ACLU-RDI 6535 p.3 {b)(1) (b)(3) NatSecAct TOP SECRE'TJ-. DETAINEE: I do. PRESIDENT: Thank you. Do you have any questions concerning this Tribunal process? DETAINEE: No questions. PRESENTATION OF UNCLASSIFIED INFORMATION PRESIDENT: No, I understand. Personal Representative, plea<>e provide the Tribunal with the Detainee Election Fonn. PERSONAL REP: lam handing the Tribunal the Detainee Election Fc>nn, which was previously marked as Exhibit D-a. PRESIDENT: The Detainee Election Fonn notes that you want t(' participate in the Tnbunal and wants the assistance of the Personal Representative. It also includes some Personal Representative comments regarding meetings and other matters. Thank you. RECORDER PRESENTS UNCLASSIFIED PRESIDENT: Recorder. please provide the Tribunal with the unclassified evidence. RECORDER: I am handing the Tribunal what has previously been marked as Exhibit R-1, the Unclassified Summary of the Evidence that relates to this Detainee's status as an enemy combatant A translated copy of this exhibit was provided to the Personal Representative--Representative in advance of this hearing for presentation to the Detainee In addition, I am handing to the Tribunal the following unclassitkd exhibit marked as Exhibit R-2. A copy of this Fxhibit had previously bt:cn provided to the Personal Representative. PRFSJDENT: Recorder, please read the Unclassified Summary ol Pvidence for the record. Before you proceed, Recorder. ZA YN ABIDIN, excuse me, ZA YN AL AB!DlN MUIIAMMAD !!USA YN let me remind you that uh--not to comment on this unclassified summary <II this time You will be provided an opportunity shortly to provide comments. Recorder. please proceed. RECORDER: The following facts support the determination that the Detainee is an enemy combatant: Paragraph a. On 6 April 2001. a fcdcra jury in Los Angeles, Califomia, found Algerian national AHMED RESSAM guilty on nine counts of terrorism and other felony charges lor what prosecutors said was his plan to bomb New Year's 2000 celebrations in the United States. RES SA 'vf was arrested in Port Angeles. Washington, on 14 December 1999, after crossing the Canadi:m-lJnited States border wnh a ear allegedly loaded ISN II 10016 Enclosure (J) Page 4 of30 TOP SECRET/ (b)( 1) (b)(3) NatSecAct 15-L-1645/000/117 ACLU-RDI 6535 p.4 (b)(1) (b )(3) NatSecAct TOP SECRETJ with homb-making matcnal. Paragraph h. AHMFD RESSAM stated he attempted to enter the United States at Port Angeles. Washington. on 14 December I 999. tt.lr the purpose of placing an explosive device at tlu: Los Angeles International Airport. RESSAM stated ht studied for the operation in April 1998, while training at the Khalden trainir;g camp near Khowst, Afghanistan. Trainers at Khaldcn training camp indicated that viable targets included United States warships. hotels holding C(lnferenees ofVIPs, barracks of United States military personnel. commercial and economic targets. petroleum targets. and information technology centers. RESSAM stated Khaldcn training camp was one of many camps operated by the Detainee. Paragraph c. AHMED R£SSAM stated the Detainee was the Emir of the Khalden and Deronta training camps i•1 Afghanistan, and did not have to report to anyone above him. The Detainee was an associate of IJSAMA BIN LADEN.
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