# Unclassified Summary of Evidence for Administrative Review Board in the case of Mishala Awad Sayaf Alhabiri

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Wikified from pages 25-26 of http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf, on April 29, 2007.
UNCLASSIFIED
Department of Defense Office for the Administrative Review of the Detention of Enemy Combatants at US Naval Base Guantanamo Bay, Cuba
9 December 2004
| From: | Presiding Officer |
| To: | Alhabiri, Mishala Awad Sayaf |
| Via: | Assisting Military Officer |
| Subject: | Unclassified Summary of Evidence for Administrative Review Board in the case of Alhabiri, Mishala Awad Sayaf |
| 1. | An Administrative Review Board will be convened to review your case to determine if your continued detention is necessary. |
| 2. | The Adniinistrative Review Board will conduct a comprehensive review of all reasonably available and relevant information regarding your case. At the conclusion of this review the Board will make a recommendation to: (1) release you to your home state or to a third state; (2) transfer you to your home state, or a third state, with conditions agreed upon by the United States and your home state, or the third state; or (3) continue your detention under United States control. |
| 3. | The following primary factors favor continued detention: |
| | a. Alhabiri is associated with the Taliban. 1. Alhabiri admits he was on the front lines for three days. 2. Alhabiri received weapons training at the Malik Center in Kabul and Al-Farouq in Kandahar. 3. Alhabiri was captured near Marzar-e Sharif while fleeing to Pakistan with Taliban members. b.Alhabiri engaged in hostilities against the US or its coalition partners. 1. Alhabiri drove a rocket launcher - mounted truck in combat against Northern Alliance forces. 2. Alhabiri was injured in hostilities against Northern Alliance forces. 3. Alhabiri admitted carrying a loaded Kalishnakov rifle while on the front line in Afghanistan. c.Alhabiri is commited to the Taliban and jihad. 1. Alhabiri did say that he would pray for the Taliban to return to Afghanistan, only because it is their right to take care of their religion. 2. Alhabiri stated that he went to Afghanistan to die for the sake of Allah. Alhabiri admitted that he would fight against both the Jews and Christians to defend Islam. d.Detainee's Conduct: Alhabiri's overall behavior has been non-compliant and aggressive J\S of 8 June 2004, he is still trying to commit self-harm. Alhabiri harasses, spits on and has hit members of the guard force. Alhabiri has refused meals and medications. e.Based upon a review of recommendations from U.S. and Foreign agencies and classified and unclassified documents, Alhabiri is regarded as a continued threat to the United States and its allies. |
| 4. | The following primary factors favor release or transfer |
| | a.Medical condition: 1. On 16 January 2003, Alhabiri attempted suicide by hanging, this resulted in significant brain injury due to lack of oxygen. 2. Alhabiri's likelihood for improvement of current impairments is low. He will need to be in some assisted-living situation, though he can follow simple, concrete directions. b. Alhabiri admits being on upfront lines in Afghanistan for 3 days. He admits receiving weapons training at Al Farouq. Alhadiri admits fighting inside Jenki Castle against the Northern Alliance, but not against the United States. Alhabiri also states that he was driving a food supply vehicle, not a rocket launcher mounted truck in combat against the Northern Alliance. |
| 5. | You will be provided with a meaningful opportunity to be heard and present information to this Board; this includes an opportunity to be physically present at the proceeding. The Assisting Military Officer (AMO) will assist you in reviewing all relevant and reasonably available unclassified information regarding your case. The AMO is not an advocate for or against continued detention, nor may the AMO form a confidential relationship with you or represent you in any other matter. |