In the United States District Court for the District of Columbia
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SABIR MAHFOUZLAHMAR, et aL Petitioners, V. Civil Action No. 04-CV-1166(RJL) GEORGEW. BUSH, Presidentof the UnitedStates, et al., Respondents. DECLARATIONOF JAMES R, CRISFIELD JR. Pursuant to 28 U.S.C. § 1746, I, CommanderJames R. Crisfield Jr., Judge Advocate General’s Corps, United States Navy, hereby state that to the best of myknowledge, information and belief, the followingis true, accurate and correct: 1. I am the Legal Advisor to the CombatantStatus ReviewTribunals. tn that capacity I am the principal legal advisor to the Director, CombatantStatus ReviewTribunals, and provide advice to Tribunals on legal, evidentiary, procedural, and other matters. I also reviewthe record of proceedingsin each Tribunal for legal sufficiency in accordancewith standards prescribed in the CombatantStatus ReviewTribunal establishment order and implementingdirective. 2. I hereby certify that the documentsattached hereto constitute a tree and accurate copy of the portions of the record of proceedings before the CombatantStatus ReviewTribunal related to petitioner Sabir MahfouzLahmar that are suitable for public release. The portions of the record that are classified or considered taw enforcementsensitive are not attached hereto. I have redacted information that wouldpersonally identify other detainees and their family members,as well as certain U.S. Governmentpersonnel in order to protect the personal security of those 4891 individuals. I have also redacted internee serial numbers because certain combinations of internee serial numbers with other information becomeclassified under applicable classification guidance. I declare under penalty of perjury that the forego~~ Dated: ~ [ i~)C’@ I~)¢~ /~es R~. ~d Jr. "~ ~ JAGC, USN 4892 Department of Defense Director, CombatantStatus ReviewTribunals OARDEC/Ser: 0248 20 October 2004 FOR OFFICIAL USE ONLY From: Director, CombatantStatus ReviewTribunal Subj: REVIEW OF COMBATANTSTATUS REVIEW TRIBUNAL FOR DETAINEE ISN #~1~ Ref: (a) DeputySecretary of DefenseOrder of 7 July 2004 (b) Secretary of the NavyOrder of 29 July 2004 1. I concur in the decision of the CombatantStatus ReviewTribunal that Detainee ISN #~ meets the criteria for designation as an EnemyCombatant, in accordancewith references 2. This case is nowconsidered final and the detainee wi~ be scheduled for an Administrative Review Board. J. M. McGARRAH RADM, CEC, USN Distribution: NSC(Mr. John Bellinger) DoS (Ambassador Prosper) DASD-DA JCS (JS) SOUTHCOM(COS) COMJTFGTMO OAR.DEC(Fwd) CITF Ft Belvoir FOR OFFICIAL USE ONLY 4893 UNCLASSIFIED 19 Oct 04 From: Legal Advisor To: Director, Combatant Status Review Tribunal Subj: LEGAL SUFFICIFNCY REVIEW OF COMBATANTSTATUS REVIEW TRIEUNAL FOR DETAINEE ISN Ref: (a) DeputySecretary of DefenseOrder of 7 July 2004 (b) Secretary of the NavyImplementation Directive of 29 July 2004 Encl: (1) AppointingOrder for Tribunal #I 1 of 29 September2004 (2) Emall string concerning new evidence (3) Record of Tribunal Proceedings 1. Legal sufficiency review has been completed on the subject CombatantStatus Review Tribunal in accordancewith references (a) and (b). After reviewingthe record of the Tribunal, fmdthat: a. The detainee was properly notified of the Tribunal process and madean unswom statement at the Tribunal. b. The Tribunal was properly convenedand constituted by enclosure (1). c. The Tribunal compliedwith all provisions of references (a) and (b). Notethat information in exhibit R-7 was redacted. The FBI properly cerfifled in exhibit R-2 that the redacted informationwould not support a determinationthat the detainee is not an enemycombatant. The Tribunal adjourned on 8 October 2004. Subsequentto that date, informationthat could potentially support a determinationthat the detainee is not an enemycombatant was discovered by CombatantStatus ReviewTribunal personnel. In order to determineif this informationwould affect the Tribunal’s determination,I sent it via email to the two Tribunal membersremaining in GuantanamoBay, Cuba (the Tribunal President had already returned to his parent command).As indicated in enclosure (2), I requested that the two remaining Tribunal membersexamine the informationand determinewhether it wouldalter their prior determinationthat the detainee is properly classified as an enemycombatant. Followingtheir examinationof the document,both Tribunal membersstated that it wouldnot cause them to alter their decision. d. Thedetainee requested that one witness, another detainee, be producedto testify at the Tribunal. The requested witness was contacted but refused to testify at the Tribunal. Consequently,the Tribunal President correctly determinedthat the witness was not reasonably available. UNCLASSIFIED 4894 UNCLASSIFIED Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANTSTATUS.REVIEW TRIBUNAL FOR DETAINEE ISN #~ The detainee also requested additional evidence in the form of a Bosniangovernment documentthat allegedly documentsthe fact that the detainee was found not guilty of attempting to bombthe U.S. Embassyin Sarajevo, Bosnia-Herzegovina.The information about the evidence was provided to the U.S. State Department,which attempted to obtain the requested document. The Bosnian governmentwas unable to provide any such documenthowever. The Tribunal President therefore determined that the documentwas not reasonably available. The Tribunal’s efforts to acquire the requested documentwere appropriate and reasonable. In myopinion, the Tribunal President’s determination that the documentwas not reasonably available was appropriate. The detainee requested no other witnesses or other evidence. e. The Tribunal’s decision that detainee #~lis properly classified as an enemy combatant was unanimous. f. The detalnee’s Personal Representative was ~ven the opportunity to review the record of proceedings and declined to submit commentsto the Tribunal. 2. The proceedingsand decision of the Tribunal are legacy sufficient and no corrective action is required. 2 UNCLASSIFIED 4895 Departmentof~3efense Director, Combatant Status Review Tribunals 29 Sep 04 From: Director, CombatantStatus ReviewTribunals Subj: APPOINTMENTOF COMBATANTSTATUS REVIEWTRIBUNAL #11 Ref: (a) ConveningAuthority AppointmentLetter of 9 July 2004 By the authority given to mein reference (a), a CombatantStatus ReviewTribunal established by "Implementationof CombatantStatus ReviewTribunal Proceduresfor EnemyCombatants Detained at GuantanamoBay Naval Base, Cuba"dated 29 July 2004 is herebyconvened. It shall hear such eases as shall be broughtbefore it withoutfurther actionof referral or other;vise. The following commissionedofficers shall serve as membersof the Tribunal: ~ Colonel, U.S. Air Force; President ~~1~[, Lieutenant Colonel, U.S. Air Force; Member Lieutenant Commander,U.S. Navy; Member J. M. McGARRAH Rear Admiral Civil EngineerCorps United States Navy 4896 HEADQUARTERS, OARDEC FORWARD GUANTANAMOBAY, CUBA APOAE 09360 14 October 2004 MEMORANDUMFOR DIRECTOR, CSRT FROM: OARDEC FORWARDCommander SUBJECT: CSRT Record of Proceedings ICO ISN#1~ 1. Pursuant to Enclosure (1), paragraph (I)(5) of Implementation of Combatant Stat us Review Tribunal Procedures for EnemyCombatants Detained at GuantanamoBay Naval Base, Cuba dated 29 July 2004, I am forwarding the CombatantStatus ReviewTribunal Decision Report for the above mentionedISN for review and action. 2, If there are any questions regardingthis package,point of c0ntact on this matter is the undersigned at DSN660-3088. 4897 SECRET/~OFORN//X1 (U) CombatantStatus Review Tribunal Decision Report Cover Sheet (l f) This Documentis UNCLASSIFIEDUpon Removal of Enclosures (2) and (U) TRIBUNAL PANEL: #11 (u) ~SN#: Ref: (a) (U) ConveningOrder for Tribunal #11 of 29 September2004 (U) (b) (U) CSRTImplementation Directive of 29 July 2004 (U) (c) (U) DEPSECDEFMemo of 7 July 2004 (U) Ench (1) (U~OUO)Unclassified Summaryof Basis For Tribunal Decision (2) (U) Classified Summaryof Basis for Tribunal Decision (S/NF) (3) (U/FOUO)Summary of Detainee/Witness Testimony (U) (4) (U) Copies of DocumentaryEvidence Presented (SfNF) (5) (U/FOUO)Personal Representative’s Record Review (U) 1. (U) This Tribunal was convenedby references (a) and (b) to makea determination to whether the detainee meets the criteria to be designated as an enemycombatant as defined in reference (c). 2. (U) On 8 October 2004 the Tribunal determined, by a preponderanceof the evidence, that Detainee ~-is properly designated as an enemy combatant as defined in reference (c). 3. (U) In particular, the Tribunalfinds that this detainee is a memberof, or affiliated with al-Qaida, as morefully discussed in the enclosures. 4. (U) Enclosure(1) provides an unclassified account of the basis for the Tribunal’s decision. A detailed account of the evidence considered by the Tribunal and its findings of fact are containedin enclosures(1) and (2). Tribunal President SECRET//NOFORN//X1 4898 UNCLASSIFIED//FOUO UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION (Enclosure (1) to CombatantStatus Review Tribunal Decision Report) TRIBUNA~ANEL: #11 ISN #: ~ 1, Introduction As the CombatantStatus ReviewTribunal (CSRT)Decision Report indicates, the Tribunal has determinedthat this detainee is properly classified as an enemycombatant and is a memberof, or affiliated with, al-Qaida. In reaching its conclusions, the Tribunal considered both classified and unclassified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered