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Homeland Security


UNCLASSIFIED

Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10018


OPENING

REPORTER: On the record.

PRESIDENT: Remain seated and come to order. Please proceed, Recorder.

RECORDER: This Tribunal is being conducted at 1329, 30 March 2007 on board U.S. Naval

Base Guantanamo Bay, Cuba. The following personnel are present:

Captain [REDACTED], United States Navy, President

Lieutenant Colonel [REDACTED], United States Air Force, Member

Lieutenant Colonel [REDACTED], United States Marine Corps, Member

Major [REDACTED], United States Air Force, Personal Representative [REDACTED], Translator

Gunnery Sergeant [REDACTED]. United States Marine Corps, Reporter

Major [REDACTED], United States Air Force, Recorder

Captain [REDACTED] is the Judge Advocate member of the Tribunal.


OATH SESSION 1

RECORDER: All Rise.

PRESIDENT: The Recorder will be sworn. Do you, Major [REDACTED], solemnly swear to carry out the duties as Recorder assigned in this Tribunal so help you God?

RECORDER: I do.

PRESIDENT: The Reporter will now be sworn, The Recorder will administer the oath.

RECORDER: Do you, Gunnery Sergeant [REDACTED], swear that you will faithfully discharge your duties as assigned in this Tribunal so help you God?

REPORTER: I do.

PRESIDENT: The Translator will now be sworn.

RECORDER: Do you swear or affirm that you will faithfully perform the duties of Translator in the case now in hearing, so help you God?

TRANSLATOR: I do.

PRESIDENT: We will take a brief recess now in order to bring the Detainee into the room. Recorder, note the date and time.

RECORDER: The time is 1330 on 30 March 2007. We are now in recess. All rise.
[The Tribunal recessed at 1330, 30 March 2007. The members withdrew from the hearing room].


CONVENING AUTHORITY

RECORDER: All Rise.
[The Tribunal reconvened and the members entered the room at 1.335, on 30 March 2007].

PRESIDENT: This hearing will come to order. You may be seated.

PRESIDENT: Before we proceed, Ammar al Baluchi, I understand that you speak and understand the English language. Is that correct?

DETAINEE-. Yes, that is correct.

PRESIDENT: We have present a Translator who can assist you. If you don't understand any of the proceedings going on, we will pause to get a translation for you. Do you understand?

DETAINEE: Sure.

PRESIDENT: If at anytime you don't understand what is happening, please indicate that to me or the Translator and we will provide a translation.

DETAINEE: I will.

PRESIDENT: Thank you.

PRESIDENT: This Tribunal is convened by order of the Director, Combatant Status Review

Tribunals under the provisions of his Order of 22 February, 2007.

PRESIDENT: This Tribunal will determine whether Ammar al Baluchi meets the criteria to be designated as an enemy combatant against the United States or its coalition partners or otherwise meets the criteria to be designated as an enemy combatant.


OATH SESSION 2

PRESIDENT: The members of this Tribunal shall now be sworn. All rise.

RECORDER: Do you swear or affirm that you will faithfully perform your duties as a member of this Tribunal; that you will impartially, examine, inquire into the matter now before you according to your conscience, and the laws and regulations provided; that you will make such findings of fact and conclusions as are supported by the evidence presented; that in determining those facts, you will use your professional knowledge, best judgment, and common sense; and that you will make such findings as are appropriate according to the best of your understanding of the rules, regulations, and laws governing this proceeding, and guided by your concept of justice so help you God?

TRIBUNAL: I do.

PRESIDENT: The Recorder will now administer the oath to the Personal Representative.

RECORDER: Do you affirm that you will faithfully perform the duties of Personal Representative in this Tribunal?

PERSONAL REPRESENTATIVE: I do.

PRESIDENT: Please be seated.

PRESIDENT: The Recorder, Reporter, and Translator have previously been sworn.


EXPLANATION OF PROCEEDINGS

PRESIDENT: Ammar a] Baluchi, you are hereby advised that the following applies during this hearing

PRESIDENT: You may be present at all open sessions of the Tribunal. However, if you become disorderly, you will be removed from the hearing, and the Tribunal will continue to hear evidence in your absence.

PRESIDENT: You may not be compelled to testify at this Tribunal. However, you may testify if you wish to do so. Your testimony can be under oath or unsworna.

PRESIDENT: You may have the assistance of a Personal Representative at the hearing. Your assigned Personal Representative is present.

PRESIDENT: You may present evidence to this Tribunal, including the testimony of witnesses who are reasonably available and whose testimony is relevant to this hearing. You may question witnesses testifying at the Tribunal.

PRESIDENT: You may examine documents or statements offered into evidence other than classified information. However, certain documents may be partially masked for security reasons.

PRESIDENT: Ammar al Baluchi, do you understand this process?

DETAINEE: Yes, I do.

PRESIDENT: Do you have any questions concerning the Tribunal process?

DETAINEE: Not so far.

PRESIDENT: Alright.


PRESENTATION OF UNCLASSIFIED INFORMATION

PRESIDENT: Personal Representative, please provide the Tribunal with the Detainee Election Form.

PERSONAL REPRESENTATIVE: Sir, I am handing the Tribunal Exhibit D-a, labeled the Detainee Election Form.

PRESIDENT: Thank you. [Documents presented to Tribunal]

PERSONAL REPRESENTATIVE: At this time, I would also like to provide a pen to the Detainee.

PRESIDENT: You may.

PRESIDENT: The Tribunal has received Exhibit D-a indicating that the Detainee wishes to participate in the Tribunal and wants the assistance of the Personal Representative.


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 in advance of this hearing for presentation to the Detainee. [Documents presented to Tribunal]

PRESIDENT: Recorder, please read the unclassified summary of evidence for the record. However before you proceed, let me remind the Detainee that he must not comment at this time. The Detainee will be provided with an opportunity shortly to provide any comments. Recorder, please proceed.

RECORDER: The following facts support the determination that the Detainee is an enemy combatant.

a. On the morning of 11 September 2001, four airliners traveling over the United States were hijacked. The flights hijacked were: American Airlines Flight 11, United Airlines Flight 175, American Airlines Flight 77, and United Airlines Flight 93. At approximately 8:46 a.m., American Airlines Flight 11 crashed into the North Tower of the World Trade Center, resulting in the collapse of the tower at approximately 10:25 a.m. At approximately 9:05 a.m., United Airlines Flight 175 crashed into the South Tower of the World Trade Center, resulting in the collapse of the tower at approximately 9:55 a.m. At approximately 9:37 a.m., American Airlines Flight 77 crashed into the southwest side of the Pentagon in Arlington, Virginia. At approximately 10:03 a.m., United Airlines Flight 93 crashed in Stoney Creek Township, Pennsylvania. These crashes and subsequent damage to the World Trade Center and the Pentagon resulted in the deaths of 2,972 persons in New York, Virginia, and Pennsylvania.

b. On. or about 10 October 1998, the Detainee opened a bank account at the Emirates Bank International. The Detainee provided..a.Pakistani passport with number E911562 as identification. The Detainee's passport. listed the name of the bearer as "Mr. Ali, son of Mr. Abdul Aziz Ali," (Mr. Ali). The Detainee provided, "MEC Ltd. Post Office Box 16958, Jebel Ali. Dubai," as his address.

c. On or about 8 August 2000, the Detainee opened a bank account at the Dubai Islamic Bank. The Detainee provided a Pakistani passport with number E911562 as identification. The Detainee's passport listed the name of the bearer as "Mr. Ali, son of Mr. Abdul Aziz Ali". The account documents listed the Detainee's phone number as 0506745651.

d. On or about 18 April 2000, a person named Ali sent 5000 United States dollars from the Wall Street Exchange Centre in Dubai, United Arab Emirates to Adel Rafeea. Ali listed the Post Office Box and phone number utilized by the Detainee. The identification card of the sender of the money, photocopied by the Wall Street Exchange Centre, further identified the sender as Ir. All, a computer technician of Pakistani nationality with the passport number E911562,

e. On or about 4 June 2000, "9/11 hijacker" Mohammed Atta purchased a Voicestream Wireless pre-paid telephone in Manhattan, New York. The phone was activated on 4 June 2000 and de-activated on I1 July 2000.

f.. Between 28 and 30 June 2000, "9/11 hijacker" Mohammed Atta's Voicestream cell phone used a calling card to make approximately sixteen calls to the Detainee's phone number in the United Arab Emirates.

g. On 29 June 2000, "9/11 hijacker" Marwan Al-Shehhi picked up a Western Union wire transfer in the amount of 5,000 United States dollars at the Western Union facility located at 1440 Broadway, New York, New York. The funds were sent by "Isam Mansar" from the U.A.E. Exchange Centre, Bur Dubai, United Arab Emirates on 29 June 2000.

h. On 18 July 2000, "Isam Mansur" sent 10.000 United States dollars via a bank transfer from U.A.E. Exchange Centre, Bur Dubai, United Arab Emirates to "91111 hijacker" Marwan AI-Shehhi's Suntrust Bank, Florida, account (a joint account with "9/11 hijacker" Mohammed Atta). The funds posted to the Suntrust account on 19 July 2000 less a 15 United States dollar fee. Isam, Mansur listed the same Post Office box number associated with the Detainee.

i. On 5 August 2000, "Isam Mansour" sent 9,500 United States dollars via a bank to bank transfer from the U.A.E. Exchange Centre, Bur Dubai, United Arab Emirates to "9/11 hijacker" Marwan Al-Shehhi's Suntrust Bank, Florida, account (a joint account with "9;11 hijacker" Mohamed Atta). The funds posted to the Suntrust account on 7 August 2000 less a 15 United States dollar fee. "Isam Mansour" listed the same Post Office box number associated with the Detainee.

j. On 29 August 2000, Mr. Ali sent 20,000 United States dollars via bank-to-bank transfer from U.A.F. Exchange Centre, Bur Dubai, United Arab Emirates, to "9/11 hijacker" Marwan Al-Shehhi's Suntrust Bank, Florida, account (a joint account with "9/11 hijacker" Mohammed Atta). The funds posted to the Suntrust account on 30 August 2000 less a 15 United States dollar fee. I Ir. All listed a phone number one digit off of the phone number listed by "Isam Mansour" on 5 August 2000.

k. On 17 September 2000, "Mani (Faw'az Trading)" sent 70,000 United States dollars via a bank to bank transfer from the U.A.E. Exchange Centre, But Dubai, United Arab Emirates to Marwan Al-Shehhi's Suntrust Bank. Florida account (a joint account with "9/11 hijacker" Mohammed Atta). The funds posted to the Suntrust account on 18 September 2000 less a 15 United States dollar fee. "Rani (Fawaz Trading)" listed the same phone number that ",L-ff. Ali" listed on the 29 August 2000 transfer documents.

l. During an August 2002 Federal Bureau of Investigation interview, Abdul Samad Din Mohammed told the Federal Bureau of Investigation that the Detainee was in constant contact with Khalid Sheikh. Mohammed, the Detainee's uncle. Abdul Samad Din Mohammed also stated the Detainee would constantly receive Arab visitors from Pakistan at the Airport.

m. During an August 2002 interview, the Detainee's uncle's brother-in-law, Abdul Samad Din Mohammed (Mohammed), stated the Detainee left the United Arab Emirates on 9 September 2001 or 10 September 2001. The Detainee did not have all his belongings together, but insisted on leaving. Mohammed asked the Detainee why he was in such a rush to leave, but did not receive a satisfactory answer.

n. The Detainee discussed the smuggling of explosives into the United States through an import and export textile company in New York with another individual.

o. The Detainee was arrested in possession of a compact disk which contained a letter addressed to Usama bin Laden. The disk also contained two photographic images of the World Trade Center when United Airlines flight 175 crashed into the south tower.

p. The Detainee was captured on 29 April 2003 in Karachi, Pakistan, as he waited for the delivery of explosives for an alleged plot against the United States Consulate in Karachi, Pakistan. The Detainee was in possession of a perfume spray bottle which contained a low concentration of cyanide when he was arrested.

q. The Detainee's pocket litter included a letter from unidentified Saudi Arabian scholars to Usama bin Laden. The letter discussed al Qaida's strategy in the War on Terror.

RECORDER: Sir, this concludes the summary of unclassified evidence.

PRESIDENT: Very well.

PRESIDENT: Personal Representative, does the Detainee have any evidence to present to this Tribunal?

PERSONAL REPRESENTATIVE: Sir. I am handing exhibit D-b, D-c, and D-d, skipping D-e. and presenting D-f, D-g, D-h, and D-i to the board. The Recorder has been previously given copies. [Documents presented to Tribunal]

PRESIDENT: And, ah, for the record PR. I understand that Exhibit D-e was to be a statement from requested witness Saifullah Paracha?

PERSONAL REPRESENTATIVE: That is correct.

PRESIDENT: And it is the Detainee's desire not to submit that statement. Is that correct?

PERSONAL REPRESENTATIVE: Yes, sir.

PRESIDENT: Is that correct?

DETAINEE: Yes that's right.

PRESIDENT: Alright. We will note that there is no exhibit D-e for the record. The Tribunal has received Exhibits D-b through, D-d. and Exhibits D-f through D-i.

DETAINEE: G.

PRESIDENT: Was it i?

DETAINEE: G.

PRESIDENT: G.

DETAINEE: D-g. D-h and D-i.

PRESIDENT: That is correct. Thank you.

PRESIDENT: Alright. It appears that one of the statements, D-b, is the oral statement or rebuttal, as it is entitled, by the Detainee. Is it your desire to read that for the Detainee at a certain point?

PERSONAL REPRESENTATIVE: Yes, sir.

PRESIDENT: Alright. I will. allow you to do that later in these proceeding. And let's take this opportunity to address some of the witness and evidence issues, that we discussed so far by paper in these proceedings. On or about February 215t, the Detainee requested the production of certain evidence and witnesses for consideration by this Tribunal. Specifically, we will deal with them in two groups. One, the in-camp witnesses. And two, the out of country witness and evidence. In the first group were included Khalid Sheikh Mohammed, Saifullah Paracha, and Ramzi bin at Shibah.

DETAINEE: Shibah.

PRESIDENT: [Continuing] Shibah. Who were proffered by the Detainee as having information about his family connections and that he did not have any involvement with at Qaida or its organization. Based on that representation by the Detainee, I determined that such. evidence would be relevant to these proceedings. And then I requested the Tribunal staff secure the presence of those witnesses to testify. It was determined for security reasons that they could not be here in the Tribunal room with the Detainee to be questioned here on the record. So, in consultation with the Personal Representative, we. came up with questions that the Personal Representative reviewed with the Detainee to pose to these three potential witnesses to get their responses to present them in a statement for the Tribunal's consideration. The Tribunal. determined, or rather I determined, that the witnesses. were not reasonably available for security reasons and they would not be physically present. But alternative substitutes for testimony would be
permissible, meaning these statements we just talked about. I understand that by meeting with the Detainee the Personal Representative also developed these questions. Those questions were put to KSM, to Paracha, and to bin at Shibah, and that statements were produced. The Detainee had the opportunity to review those statements and now has decided to present us with two of those statements from KSM and bin at Shibah and has decided not to present the statement of Paracha. Have 1 correctly summarized the proceedings so far regarding these witnesses, Personal Representative?

PERSONAL REPRESENTATIVE: As far as .I know sir.

PRESIDENT: Alright. And Detainee?

DETAINEE: Yes. Ah, regarding the Paracha statement. I might call it for future if could be used for it or...

PRESIDENT: Well, that is up to the detention facilities - whether or not, how it is kept, or where it is kept. But if you don't want us to see it, we will not consider it.

DETAINEE: Well, ah, I was assuming that it will stay in the file. That I might...

PRESIDENT: No one is going to throw it out. But if you don't want us to consider it during these proceedings; we will not.

DETAINEE: Okay for this time.

PRESIDENT: Alright. So that handles those three witnesses and where we're going to proceed with those. The next group I will refer to as the MEC witnesses. The Modern Electronics Corporation witnesses, and of which the Detainee proffers he was an employee of that organization. And, worked in their offices in the United Arab Emirates. And that this company also has offices in Canada...

DETAINEE:. Saudi Arabia.

PRESIDENT: [Continuing] and Saudi Arabia. With respect to the request for witnesses, the Detainee requested the production of Sa iir Sharin, Mohammed Mayer, Asraf Mayer, Ammar al Tesqui, and Sayed Tesqui as witnesses describing what they would testify to in summary: that he was an employee of this organization and that he had no associations with Taliban, al Qaida, or any other organizations associated with them. The Detainee also requested the production of certain business documents that belong to MEC in order to explain his reason for leaving the country as well as MEC's leaving the United Arab Emirates. Losing work visas and the like. And some payroll. records, again to show employment. I determined on the 22"d of February when I reviewed the Detainee's requests for this evidence and these witnesses, that part of this request was not relevant and part of this request was relevant. I believe that it was not relevant to issues regarding the Detainee's capture or his combatant status to produce business records relevant to MEC. It would have been interesting for us to understand how that company operated but not necessary for our determinations regarding the Detainee's capture or his status. I did, however, find relevant any statements from these witness that, again, would speak to the Detainee's lack of association with al Qaida, Taliban, or other organizations aligned with them. Yes, go ahead.

DETAINEE: Sorry. Ah, the thing you mention earlier about the business record I was meaning the officials, official paper the company had with Government. When they close down. The actual closing. That shows the reason I left the country. Cause one of the facts that I'm here my leaving ten or nine September. And that record will show why I left that date. That's how the company was closed so it can imagine how work that I left the country on that date.

PRESIDENT: I understand that's why you were seeking it. But for the reasons I've stated I didn't determine that it would be relevant for these proceedings. However, I did believe that the testimony of the witnesses regarding your connection or the lack thereof with al Qaida would be relevant. Following that determination, the Tribunal Staff began a series of efforts to locate these witnesses. I've determined however, that because they were all going to say the same or similar things about your connections, that one of them would suffice. And that it would be an unnecessary duplication of testimony and evidence to prove essentially the same thing. The staff of this Tribunal and other agents and organizations of the United States Government have been seeking to determine the location of the five witnesses that I've just described. We understand that they are, as that the Detainee has indicated, perhaps in Canada or in United Arab Arab Emirates. We haven't determined whether they are or not, but we've begun looking for them. The Detainee has been informed of everything that I just described before this point. Is that correct?

DETAINEE: It's good.

PRESIDENT: I'm not saying anything new to you at this point that you don't understand.

DETAINEE: No, exactly.

PRESIDENT: Okay. At this juncture I've been informed that the Detainee is going to offer exhibits D-h and D-i. I)-h is a summary of a statement prepared by the Detainee, that the Detainee believes his co-workers at MEC would say if they were called here to testify or if they provided a statement. Exhibit D-i is a statement prepared by the Detainee that describes what his roommates in Dubai would say if they were called or if they provided a statement.

DETAINEE: Exactly.

PRESIDENT: And, at this point the Detainee would like us to consider those exhibits. They have been offered and we certainly will. I have explained our efforts that we are attempting to locate these individuals as of today. We have not yet done so. So we are faced with two alternatives and I'm essentially going to leave up to you. We can proceed today up to the point of taking everything that is available and we can continue, for a reasonable amount of time, to see if these people can be located. And, if they can, whether they are willing to provide a statement on your behalf. And. I'm prepared to do that today. That is, we would recess. We would not make any decisions about your status and we would come back at a later date if those statements were made available. However, there may come a time when we are not able to find them and then we will be at the same point that we are right now. But we are completely prepared to stop these proceedings today and give it additional time to see if that would assist us in determining whether these people are reasonably available. We can, however, if you request it, accept these statements as what your witnesses would say if they gave a statement. And we would give it the same weight as if they were making a statement here today. And we would consider it with all the other evidence. I'm not willing to say that we will believe that it is true, but we will consider it. And we will read it with all the other evidence in making our determination. But I'll only do that if you tell me that that's what you would like to do with regard to your witness request.

DETAINEE: Well, if you grant them, I will.

PRESIDENT: Let me ask you a few questions about that.

DETAINEE: Okay.

PRESIDENT: Do you understand that we would recess this proceeding and allow additional time to seek these witnesses?

DETAINEE: Yes.

PRESIDENT: And, are you making this decision to have us consider these statements instead of taking more time of your own free will?

DETAINEE: Well, I don't know how long it's going to take until you find them and the procedure you are taking so.

PRESIDENT: Right. We may not be successful. But, we may be successful. We don't know. But if, what I'm trying to understand is - are you doing this voluntarily? Has anyone forced you to..

DETAINEE: No, no. Not at all.

PRESIDENT: Have you consulted with the Personal Representative about everything we just talked about now?

DETAINEE: Yes.

PRESIDENT: And do you understand the efforts the Tribunal and its staff has taken so far to try to find these witnesses?

DETAINEE: I have been updated by the Personal Representative.

PRESIDENT: Alright. And, that you understand that if you withdraw your request to seek these witnesses, we are not going to take any further steps.

DETAINEE: Exactly.

PRESIDENT: To try and find them. You understand that?

DETAINEE: Yeah. But, ah, if the statements are accepted, so no reason to hold.

PRESIDENT: Alright. So rather what we will do then is accept these statements in place of the witness statements. And here is how the Tribunal will treat exhibits h and i. We will accept them as statements of what these witnesses would say if they actually were called or provided a statement. And, we will give the same weight as if they had provided the statement themselves. However, how we will consider these statements and how we view them, and the ultimate weight and determination we give it, is up to us when we make our decision. Do you understand that?

DETAINEE: Ah, can I?

PRESIDENT: Sure, go ahead. [Detainee talks with Translator]

DETAINEE
(through translator): Could you reject those statement in the future?

PRESIDENT: Could I reject them in the future? We might. We have not seen all the evidence yet.

DETAINEE: [Converses with Translator].

DETAINEE
(through translator): Not to carry any weight in the future.

DETAINEE: Not to accept them but...

PRESIDENT: We have accepted them.

DETAINEE: Oh, I see.

PRESIDENT: And we will give them the weight we deem appropriate when we read all the other evidence.

DETAINEE: Oh, okay. [Translator explains]

DETAINEE: Okay. Accepted.

PRESIDENT: Okay, let me just explain one more thing, alright? And, then please translate.

TRANSLATOR: (TRANSLATION OF ABOVE).

PRESIDENT: We might believe it or we might not believe it.

TRANSLATOR: (TRANSLATION OF ABOVE).

PRESIDENT: But we will consider it with all the other evidence that going to be presented to us.

TRANSLATOR: (TRANSLATION OF ABOVE).

DETAINEE: [Speaks to translator] What is the difference if they came themselves and give you this exact statement and now you have this statement?

PRESIDENT: Well, if they were here physically, then you could ask them questions. We could ask them questions. You can't do that with a statement.

DETAINEE: Yeah.

PRESIDENT: If they provided a statement, we would treat it the same way. We would give it the weight that we deem appropriate in view of all the other evidence.

TRANSLATOR: (TRANSLATION OF ABOVE).

DETAINEE: I accept it.

PRESIDENT: Alright. We will proceed in that fashion. And for the benefit of the record, I find that the Detainee has knowingly, intelligently, and voluntarily decided to withdraw this request for production of witnesses or witness statements and to accept the statement contained in exhibits D-h and D-i in their place.

DETAINEE: Thank you.

PRESIDENT: Very well.

PRESIDENT: Does the Recorder have any further unclassified evidence`?

RECORDER: Mr. President. I have no further unclassified evidence for the Tribunal, but I respectfully request a closed Tribunal session at an appropriate time to present classified evidence relevant to this Detainee's status as an enemy combatant.

PRESIDENT: Recorder, your request for a closed session is granted and will be taken up in due course.

PRESIDENT; Do the members desire additional time to review some of the unclassified exhibits?

MEMBERS: Yes. Yes.

PRESIDENT: Just take a few moments here in place so we can look at the exhibits.

TRANSLATOR: (TRANSLATION OF ABOVE).

TRANSLATOR: Sir, I'm trying to explain what you are doing right now. You are revising the unclassified evidence.

PRESIDENT: We're reviewing rather then revising. We are going to read your exhibits now, Ammar al Baluchi. [Board reviews unclassified documents].

PRESIDENT: Ammar al Baluchi, you may now make an oral statement to the Tribunal and you have the assistance of your Personal Representative in doing so. Do you wish to make an oral statement to this Tribunal?

DETAINEE: Yes, I do, sir.

PRESIDENT: Very well. And you'd like your Personal Representative to read it for you?

DETAINEE: That's right.

PRESIDENT: And you are free, of course, to comment during it, assist him if you'd like or make other comments at the end.

DETAINEE: Alright.

PRESIDENT: Do you wish to make your statement under oath? I understand you do not wish to take an oath.

DETAINEE: No.

PRESIDENT: No oath?

DETAINEE: No.

PRESIDENT: Very well. You may proceed.

PERSONAL REPRESENTATIVE: This is entitled as exhibit D-b - ISN 18 oral statement for rebuttal of summary of evidence for Combatant Status Review Tribunal dated 8 February 2007, taken on 30 March 2007 by PR #3. Mr. President and board members, I was informed via the Personal Representative you assigned me about the Combatant Status Review Tribunal process. He informed me that I would be meeting a board of three military officers and that there would likely only be one open session. I would like to thank the board for informing me and allowing me to participate, despite the fact that I have nothing to do with some of the accusations against me. Since I am here with no rights and will retrain in U.S. custody for an undetermined time, I only have these few words.

Since this tribunal is not judicial or legal but administrative only. I do not know the. limits of the evidence or how to present an acceptable rebuttal. Therefore I will try to clearly explain my connection to the evidence and explain the facts the way I know them to be true and not as described by others. I will try as much as possible not to go into detail by accepting or denying each charge. Rather, I will try to explain my situation in general and provide details where required.

Paragraphs: b,c,d,f,g,h,i,j,k. I am an entrepreneur with many personal. contacts in different companies around the world. Because of my position I am able to accomplish tasks, whether administrative, monetary, buying, selling, advertising and customs through my own private resources. So it is normal that people use my outsourcing services.

As a businessman, my personal information has been distributed to thousands of people from different parts of the world. This information includes my signature that is found on general invoices that are sent to customers. Therefore, it is possible for anyone to use my personal information and signature to accomplish business in the Middle East in general and the United Arab Emirates in particular without my knowledge. That does not necessarily mean that every statement that has the name "Ali" on it, his telephone number, his passport number, his P.O. Box or even his signature, is mine.

Paragraph k: When. Marwan Al Shehhi approached me, he never declared himself as "hijacker Marwan Al Shehhi". I-Ie approached me the same way he approached other individuals and companies in the U.S. - a man wanting to do business.

Paragraph l: Mr Khalid Sheikh Mohammad is my uncle by blood; he is my mother's brother. He owned a honey trading company and a henna distribution company. Additionally, he was also trying to work Pakistan export and import. All these companies or activities were personal and belonged to no organization or party but a source of income for his family members. I even worked with him in the honey company in Karachi for a short while and I did not see any presence or membership of al Qaida. I heard that Mr Khalid Sheikh Mohammed while he was in Qatar in the 80's had a self improvement hobby where he and his brother "Abid" encouraged teenagers and youths to finish their education and pay attention to education in general.

If I was introduced to a person via Khalid Sheikh Mohammad, that does not necessarily mean that this person is a combatant or necessarily an al Qaida supporter. The people I met through my uncle are businessmen interested in trade, education and travel. I am not aware of any links to animosity towards the United States or fighting against the United States.

Why would a contact with my uncle who is a member of my family be considered as a crime or as evidence that I am an enemy combatant?

Meeting Arabs at the airport is not a crime and certainly not evidence that I am an enemy combatant. It doesn't matter if they came from Pakistan or any other country. I used to live in Dubai with three Israelis, work for a Canadian company, and have my own outsourcing business. I did business worldwide.

Paragraph m: My residency permit in Dubai was cancelled by the government, not by me. I had not requested the cancellation, on 8th or 9`h of September. Not only was I surprised that my residency permit was cancelled, but I received my passport which was held by the company, with a notice to leave the country immediately. If I didn't leave then, I would have been fined for every day I was delayed. The proof lies within the government of Dubai. I did not have time to pack. my personal belongings because I did not receive a prior notice from the government. This also proves that I did not know about 9/11.

Paragraph n: I don't know anything about smuggling explosives or shipping explosives in the United States or any where else in the world. Additionally, I do not know the source of your information.

Paragraph o and q: I am not a correspondent of Usama Bin Laden and I don't know anything about the mentioned disk that contains a letter and pictures of the trade center. I might have printed the documents from the internet about general opinions of scholars. However, I also printed out many articles on many subjects to include job hunting articles from the United States. This is not considered a crime because millions of surfers read and print those documents everyday and the internet is a free venue for everybody.

Paragraph p: I did not plan; know about, or carry out any plot against the United States Consulate in Karachi, Pakistan. I refuse the accusations against me regarding the United States Consulate in Karachi, Pakistan. I do not know anything about a plot against the United States Consulate. I don't know anything about any explosives.

The low concentration of cyanide in my possession is used in clothing factories to bleach, de-color, tint, and perfume clothes. It is not associated with threatening United States national security at all.

Mr. President and board members, I do not belong to al Qaida, the Taliban or associated organizations. I do not have any I.D. card showing that I am a member. I have never received any military training in Afghanistan. I refuse. to be called or classified as an enemy combatant. I affirm these are my words and the truth as I know it. Signed and dated.

PRESIDENT: And that was the contents of exhibit D-b?

PERSONAL REPRESENTATIVE: That's correct, sir.

PRESIDENT: Alright. Ammar al Baluchi, was that the statement that you wanted the Personal Representative to read for you?

DETAINEE: Exactly.

PRESIDENT: Were those your words?

DETAINEE: Yes, sir.

PRESIDENT: Are you under any force or pressure to give a statement here today?

DETAINEE: No.

PRESIDENT: And that statement was given of your own free will?

DETAINEE: Exactly.

PRESIDENT: Very well. Personal Representative, do you have any questions for the Detainee regarding his statement?

PERSONAL REPRESENTATIVE: No, sir.

PRESIDENT: Recorder, do you have any questions for the Detainee regarding his statement`?

RECORDER: No, sir.

PRESIDENT: Do the members have any questions for the Detainee?

MEMBERS: Yes, sir. Yes, sir.

PRESIDENT: Alright. Please proceed.

MEMBER: Did you speak with Mohammed Atta sixteen times when you were in the United Arab Emirates and he was in the United States?

DETAINEE: No, I didn't. Ah, I spoke with Marwan al-Shehhi but not Mohammed Atta.

MEMBER: Do you ever meet Mohammed Atta?

DETAINEE: No.

MEMBER: Have any correspondence with him?

DETAINEE: No.

MEMBER: Communications with him ever?

DETAINEE: No. I never heard of him.

MEMBER: Did you wire transfer over hundred thousand dollars in separate transactions to al- Shehhi? Do you admit to that?

DETAINEE: Yes.

MEMBER: What was the purpose of that money?

DETAINEE: I don't know. Was something that Marwan asking me to transfer money for him.

MEMBER: Where did the money come from that you were transferring?

DETAINEE: From him.

MEMBER: Was it...

DETAINEE: Marwan.

MEMBER: His account?

DETAINEE: There was not an account. It was his own money. He wanted to transfer to America but it was different companies. And ah, like ah, different they charge a lot of money for transferring. So he use my services to that for him.

MEMBER: Just so I'm clear...

DETAINEE: Yes.

MEMBER: This was Marwan Al-Shehhi's money?

DETAINEE: Exactly. Exactly.

MEMBER: That was in his account in Dubai and you transferred the money to him in. the United States?

DETAINEE: For him, yeah. He couldn't carry money with him so.

MEMBER: Okay. Do you know where he got that money from?

DETAINEE: No.

MEMBER: Did you expect any money back or any return money?

DETAINEE: No, no.

MEMBER: Not at all?

DETAINEE: That was his own money.

MEMBER: And how did you meet Marwan Al-Shehhi?

DETAINEE: He was introduced through Khalid Sheikh Mohammed

MEMBER: Okay. And then Khalid Sheikh Mohammed introduced him to you? Is that correct?

DETAINEE: Exactly.

MEMBER: Okay.

MEMBER: How many times did you meet Marwan AI-Shehhi?

DETAINEE: I do not recall exactly but I met him couple times.

MEMBER: Several times? In the United Arab of Emirates?

DETAINEE: Yes.

MEMBER: Okay. Did you help Marwan Al-Shehhi get into United States at all by assisting him with visas or anything like that?

DETAINEE: I don't recall. Maybe I can because I have contacts. So, that's normal but I don't recall.

MEMBER: What kind of contacts do you have that would help him get a visa?

DETAINEE: Any kind of companies that help people travel do business around the world will help out.

MEMBER: Did Khalid Sheikh Mohammed, did he ever ask you to assist him with any types of al Qaida operations?

DETAINEE: No.

MEMBER: Commands?

DETAINEE: No. No. he never mentioned.

MEMBER: Did you have any knowledge that he was involved with al Qaida?

DETAINEE: No. he never mentioned or I never heard from another person.

MEMBER: Again, one more time. Did you ever discuss smuggling explosives into United States?

DETAINEE: No.

MEMBER: Never? And you weren't expecting explosive when you were arrested?

DETAINEE: Exactly.

MEMBER: Were did you go when you left the United Arab Emirates on nine or ten September? Where did you travel to?

DETAINEE: I was in Pakistan.

MEMBER: You traveled to Pakistan? What did you do when you got to Pakistan?

DETAINEE: I was there. I was ah, waiting to get a job. I was searching for trade in the countries employing same computer lab.

MEMBER: Where were you living in Pakistan?

DETAINEE: I was in Karachi.

MEMBER: In Karachi. Who were you living with?

DETAINEE: My family.

MEMBER: And were you living with Khalid Sheikh Mohammed at the time?

DETAINEE: Well„he used to visit us.

MEMBER: How often?

DETAINEE: Well, ah, not couple of very often.

MEMBER: Was he in Afghanistan prior to coming to Pakistan around that time?

DETAINEE: I don't know. I haven't seen him.

MEMBER:. And how soon after the attacks on September 11th did you see Khalid Sheikh Mohammed?

DETAINEE: How soon?

MEMBER: How soon after? You left about nine or ten September to travel to Pakistan. Howsoon after September 11th did you see him?

DETAINEE: I saw him, there he was. When I reached Pakistan. And then I haven't seen hirn for a couple of like weeks. And again I saw him so.

MEMBER: Did you assist him in anyway in helping out with at Qaida or Taliban operatives that were fleeing Afghanistan or Pakistan after the US attack? Did you help him?

DETAINEE: I don't know. I use to help in general but I don't know if any at Qaida.

MEMBER: What kind of help did you help them with?

DETAINEE: Business e-mails. I could send his emails if he liked.

MEMBER: Did you help him with moving people from Afghanistan into Pakistan?

DETAINEE: No.

MEMBER: Finding them housing, jobs or money or anything like that?

DETAINEE: No.

MEMBER: Do you know Majid Khan?

DETAINEE: Yes, I do.

MEMBER: How do you know Majid Khan?

DETAINEE: Just was a person ah, introduced through KSM.

MEMBER: Okay. Did you help Majid Khan get into United States or do you help him with any business matters or loans or anything like that?

DETAINEE: No. But, ah, he was from the States. So, he doesn't need any help going to the States.

MEMBER: Did you ever personally travel to Afghanistan?

DETAINEE: No.

MEMBER: Never been there?

DETAINEE: No.

MEMBER: Ever meet Usama bin Laden?

DETAINEE: No.

MEMBER: Dr. al Zawahiri?

DETAINEE: No.

MEMBER: Did you swear allegiance to Usaina bin Laden or al Qaida?

DETAINEE:

MEMBER: How do you know Ramzi bin al Shibah?

DETAINEE: I met him in Dubai.

MEMBER: Dubai?

DETAINEE: Yes.

MEMBER: How and. for what purpose did you meet him?

DETAINEE: Just was introduced through Khalid Sheikh Mohammed. If he needed any business help. Which he didn't.

MEMBER: Did you know he was member of al Qaida?

DETAINEE: No.

MEMBER: Did you know Majid Khan was a member of al Qaida?

DETAINEE: No.

MEMBER: Do you know Richard Reid or Sajid Badat?

DETAINEE: No.

MEMBER: You never met them?

DETAINEE: No.

MEMBER: Never any correspondence with them.?

DETAINEE: No.

MEMBER: No further questions.

PRESIDENT: Thank you. Member?

MEMBER: What was the business of MEC?

DETAINEE: MEC?

MEMBER: Yes.

DETAINEE: It's a computer company.

MEMBER: And, what was your position with them? In what capacity did you work with them?

DETAINEE: Well, I was holding two different. I was, ah, marketing and I was computer engineer as well. I used to do marketing for the company.

MEMBER: What period of time? What years?

DETAINEE: Ah, 1998 through 2001, three years.

MEMBER: How did...

DETAINEE: Until they closed.

MEMBER: When you were working with them in that capacity in marketing and computer support?

DETAINEE: Support.

MEMBER: Support. Were you doing what you referred to earlier as outsourcing?

DETAINEE: Exactly.

MEMBER: Is that right?

DETAINEE: That's why free business.

MEMBER: On the side you were doing that?

DETAINEE: Exactly.

MEMBER: Urn, not on MEC company time?

DETAINEE: MEC have, ah, basic business with the company itself. But, I have my own business in free times.

MEMBER: Would MEC have been aware of that?

DETAINEE: Yes or no. That wasn't. That's very normal for country I was living. People would do that business.

MEMBER: So, the co-workers that you worked with would maybe have been aware of or might not been aware of your outsourcing business?

DETAINEE: Possible. Very possible. Yes. It's not, ah, an issue if you have an outsourcing that your company should approve or they are aware or not. Everybody's looking for a different income source. So that is another source.

MEMBER: Did you discuss it, ah, with your co-workers? Other types of work that you were doing, sharing ideas?

DETAINEE: I don't recall exactly. Might yes, might no. They know I used to have outside services but not exactly which kind. I used to have, ah, used to sell computer systems out of my company. I used to make by myself computer systems. They wouldn't know that but not exactly what.

MEMBER: So. they wouldn't be fully informed of what you were doing in your outsourcing?

DETAINEE: No. That's not exactly.

MEMBER: Okay.

MEMBER: KSM is documented as your uncle.

DETAINEE: Exactly.

MEMBER: He says that he never involved you with al Qaida operations. Is it possible that your uncle would say this to protect you?

DETAINEE: I don't think things are very clear. Like in which sense?

MEMBER: In introducing you to people that were al Qaida operatives.

DETAINEE: Well ah, he ah,when he introduce a person he would never say he is from al Qaida. He would introduce him and mention what kind of business he want. And the business is normal very normal trading businesses.

MEMBER: So moving pretty substantial amounts of money to and from someone - would that not cause a question?

DETAINEE: That for me is a very small amount. The business I was making when I was in Dubai was much more higher than that amount so, Ah, a normal student from the Gulf country would take even more than this amount to buy. Just for example, I had a friend he was going to study English language, not University, for six months. He took money to buy a Ferrari car in America. So you can imagine Ferrari is three hundred thousand. This is one hundred thousand. So it's not that big question.

MEMBER: While you were in Pakistan you describe the cyanide...

DETAINEE: Exactly. [Interrupting the Member]

MEMBER: you had in your possession, a small amount, as being textile, chemical- oriented.

DETAINEE: Yes.

MEMBER: Why would you have that on your person?

DETAINEE: Just I have. Wasn't for specific purpose but I have. Its ah...

MEMBER: Did you have an intent to use it once you got there? What you were going to do with it?

DETAINEE: No, no. Just ah, it's use for clothing to remove the color. And something in Pakistan it's something that they do. It's bleach like kinda bleach but industrial bleach so.

MEMBER: In reference to Isam Mansour.

DETAINEE: Yes.

MEMBER: Using your P.O. box? Are you him? Isam Mansour?

DETAINEE: No.

MEMBER: Do you know of him?

DETAINEE: Isam Mansour? No. I don't know this name.

MEMBER: How do explain the coincidence of phone calls from Mohammed Atta and the cell phone to your phone?

DETAINEE: Yes.

MEMBER: And you said you didn't have those and also having wire transfers with your address with Isam Mansour?

DETAINEE: Well, the money transferred to Marwan al-Shehhi, ah, not Mohammed Atta, I don't know that joint account or anything so I'm not aware of that. But was for Marwan al-Shehhi. Not necessarily that money being transferred through Isam Mansour might be otherways but I did transfer money. How? I just am saying. I did transfer the money.

MEMBER: Were you aware of the activities of al Qaida prior to 2001 ? Al Qaida's existence?

DETAINEE: That's every person would know.

MEMBER: Were you, you said you were not aware of your uncle's involvement?

DETAINEE: Exactly. He never mention to me.

MEMBER: Were you aware of other people you had come into contact? That ever come into up in conversation with others?

DETAINEE: No, they never mention. I always have my business cover. My business which, I was doing. That was the reason for meeting or attracting a person.

MEMBER: Had you been aware of their involvements with al Qaida, would you have distanced yourself from them?

DETAINEE: Exactly, no.

MEMBER: If you had known that they were involved with al Qaida?

DETAINEE: Well, they would mention that if there was, if they want to but no body mention.

MEMBER: No more questions.

PRESIDENT: Thank you, gentlemen.


CALLING OF WITNESSES

PRESIDENT: We will now allow for the calling of witnesses. All witnesses called before this Tribunal may be questioned by the Detainee, the Personal Representative, the Recorder, and the Tribunal Members.

PRESIDENT: Does the Recorder have any witnesses to present?

RECORDER: No, sir.

PRESIDENT: From previous discussions there were requests for witnesses by the Detainee. And, we have provided for those witnesses by way of statements which you have presented to us.

DETAINEE: Yes.

PRESIDENT: Ah, from Ramzi and from KSM which we will consider in our deliberation. And we also are going to consider the two statements you prepared regarding your MEC contacts.

DETAINEE: Thank you.

PRESIDENT: Do you have any further questions about that?

DETAINEE: About the statements?

PRESIDENT: Right.

DETAINEE: Not so far. But ah.

PRESIDENT: Okay. And...

DETAINEE: I'm sorry.

PRESIDENT: Yes, please.

DETAINEE: Would you read the statements that provide where other...

PRESIDENT: We were just getting to that.

DETAINEE: Oh.

PRESIDENT: I understand that the Personal Representative desires to read into the record for the Detainee the statement of these witnesses. Is that correct?

PERSONAL REPRESENTATIVE: It was expressed to me that the Detainee would like to have them read for the transcript.

PRESIDENT: And that what you would like the PR to dothis for you at this time?

DETAINEE: That's right.

PRESIDENT: You may proceed, PR.

PERSONAL REPRESENTATIVE: Exhibit D-d, ah witness, witness statement from Khalid Sheikh Mohammed.

I, Khalid Sheikh Mohammad, voluntarily make the following statement regarding Ammar al Baluchi for presentation at his Combatant Status Review Tribunal. I am providing this statement to the person identified to me as Ammar al Baluchi's Personal Representative. I make this statement of my own free will without any threats or promises extended to me.

The PR asked me to answer the following questions:

Question: Please describe Ammar Al Baluchi's knowledge, if any, about al Qaida, Taliban and associated organizations.

Answer: To my knowledge Ammar has never had association with Al. Qaida, Taliban or associated organizations. I am not aware of any knowledge that Ammar had about al Qaida. Taliban or associated organizations. I never recruited Ammar for al Qaida. Ammar al Baluchi. has never trained in any al Qaida or Taliban training camps in Afghanistan, Pakistan or anywhere else in the world. To my knowledge Ammar has never received any training from al Qaida, Taliban, or associated forces.

Question: Please describe your family type relationship with Ammar al Baluchi and whether it included. any enemy combatant acts or associations.

Answer:. My dealings with Ammar have always been as his uncle. He is the son of my sister. My Forking relationship with him was as a family member and not a member of al Qaida. Ammar would not say if I asked him to do something. Any dealings he had with al Qaida were through me. I used him for business dealings. He had no knowledge of any al Qaida links. Ammar is being linked to al Qaida because of me. I would send papers to Ammar in the UAE. I may have used Ammar to ship henna from Karachi to Dubai. I know Ammar worked for a computer company in Dubai working with software and hardware. I moved money to Mohammad Atta and Ramzi in Germany to support the 9/11 attacks. I don't remember using Ammar for the 9/11 hijackers. I used mostly Hawsawi in 2000 and 2001. I've been provided the opportunity to make any changes or corrections that I desire to make and have placed my initials over those changes and corrections. This statement was typed by the Personal Representative and reviewed with me. I affirm these are my words and the truth as I know it.

PERSONAL REPRESENTATIVE: Also from exhibit D-d is an additional statement from Khalid Sheikh Mohammad. "To the President of the CSRT: The definition of `Enemy Combatant' as presented to us in the CSRT papers is so unclear that it allows the arrest of thousands of innocent people since many of those have committed or have been tricked to commit belligerent acts without their knowledge. [REDACTED]. So, I am certain that many people in Karachi. were surprised when they saw my pictures on the day of my capture, and every one of them reevaluated every word or service he rendered to me. Most of the classified evidence in your possession are confessions that were obtained under torture by the CIA, or testimonies of witnesses that do not conform to the level of legal evidence to which you can apply any definition under any constitution. Thanks. Signed."

PERSONAL REPRESENTATIVE: Exhibit D-f. Ramzi Bin al Shibah questions written by Ammar Al Baluchi on 20 March 2007. Mr Ramzi Bin al Shibah, God blessed him. These are questions sent to you on my behalf, please answer them only if you like to answer, or if you know the answers. And Allah rewarded you well.

1) Do you know Mar-wan at Shehhi or Mr Khalid at Sheikh Mohammad?

2) Did you know that there was a business relationship between Marwan al Shehhi and myself`?

3) Did I previously tell you that I was aware of the 9/11 events? Signed. Ammar at Beluchi, 20 March 2007.

PERSONAL REPRESENTATIVE: Exhibit D-g. Ramzi Bin at Shibah, responses on behalf of Ammar at Baluchi taken by PR3 on 21 March 2007. Statement of Ramzi bin al Shibah.

From: Abi Ubeyda at Hadrami, Ramzi Bin Mohammad Bin at Shibah To: My dear brother Ammar, may Allah bless you and protect you.

Greetings.

In reference to your question on whether I know Marwan al Shehhi and Khalid at Sheikh. Yes, I know them well.

In reference to your question about my knowledge of a business relationship between Marwan at Shehhi and yourself or not. That I do not know. I do not know if there was a business relationship between you and him. In reference to your question on whether you told me previously that you know of the 9/11 events. No, you did not tell me that nor did you have any knowledge about them. I affirm that these are my words and the truth as I know it. Signed. Wednesday 3/21/2007.

PERSONAL REPRESENTATIVE: Exhibit D-h is the expected witness statement from the MEC co-workers.

Question: If you can, please describe any discussions or knowledge you have about Ammar's associations with al Qaida, the Taliban or associated forces?

Answer: As far as I know, Ammar does not have any affiliations with the above mentioned organizations.

Question. Please describe your dealings with Ammar?

Answer: Ammar is a hard worker. He is always the first in to work and the last to leave. I never noticed any abnormal activities outside of business dealings with MEC.

Question: Please provide any information you may have as to why Ammar left Dubai ?

Answer: We closed our branch office in Dubai and had to revoke the employees' work visas.

Question: Please provide any additional information you think may be relevant?

Answer: Ammar never expressed any animosity against the United States or it allies. He seemed very open-minded and western-oriented.

PERSONAL REPRESENTATIVE: Exhibit D-I - Expected witness statement from roommates taken by PR3.

Question: If you can. please describe any discussions or knowledge you have about Ammar's associations with al Qaida, the Taliban or associated forces?

Answer: As far as I know, Ammar does not have any affiliations with the above mentioned organizations.

Question: Please provide any information you may have as to why Ammar left Dubai ?

Answer: MEC closed its branch office therefore his visa was cancelled.

Question: Please provide any additional information you think may be relevant`?

Answer: Ammar never expressed any animosity against the United States or its allies. He seemed very open-minded and western-oriented. Ammar never engaged in activities other than MEC and trading. Additionally, Ammar was looking for a job in the United States since MEC was closing its branch office. I believe he actually applied for a United States visa. Ammar was spending his time either at home or at work "Working hours." That concludes the witness statements, sir.

PRESIDENT: Thank you, Personal Representative.

PRESIDENT: Ammar al Baluchi, this concludes the. presentation of unclassified information to the Tribunal. We are about to conclude the unclassified portion of the hearing. Do you wish to now make any final statement to the Tribunal?

DETAINEE: Yes, sir.

PRESIDENT: Alright. I-low would you like to that? With your Personal Representative reading it for you?

DETAINEE: I prefer that.

PRESIDENT: Very well. You may proceed.

PERSONAL REPRESENTATIVE: Exhibit D-c - ISN IS final oral statement for Combatant Status Review Tribunal taken on 30 March 2007 by PR3. I am not an enemy combatant. For decades the United States Government has been. supporting Israel with weapons of destruction and explosives. The United States Government knows in advance that the result of this support is the killing of more than one million civilians in Palestine and south Lebanon. The United States Government declares to this day that it is not an enemy combatant against the people of Palestine and Lebanon, and is not involved in threatening the national security of the Palestinian civilians. The same applies on all of the U.S. factories, companies, and individuals who participated in manufacturing selling, transporting. and exporting those weapons. According to the United States Government they too are not enemy combatants against the Palestinian people.

My question is the following: I-low could the American administration consider me as an. enemy combatant who is the reason for killing 2972 American civilians or the destruction of three buildings? I was outsourced by a person called Marwan Al Shehhi, not hijacker Marwan Al Shehhi, who used my services even though I did not supply him with weapons, explosives or any military support and he never mentioned that he is an at Qaida member or a hijacker.

When Marwan Al Shehhi approached me, he never declared himself as "hijacker Marwan Al Shehhi". He approached me the same way he approached other individuals or companies in the U.S. So, according to your definition, it is imperative that the US financial institutions, banks, flight schools, rental car agencies, and property managers all fall under the enemy combatant definition, since without the support of all those people, 9/11 would not have been possible.

I often wonder how come the law applies to me only and not to others, knowing the United States always seeks justice.

I would also like to point to a very important issue regarding my status as an enemy combatant. The United States Government may consider me an enemy combatant even though I disagree. Some people allege that they used my services to benefit at Qaida. Ever since I was turned in to the United States Government, about four years ago, the G overnment uses my services by getting information from me about at Qaida activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling at Qaida plans and obtaining information on at Qaida personnel. My point is this, the period over which the U.S. has outsourced me exceeds the period in which I am alleged to have suppo rt ed a] Qaida activities.

So, is it fair or reasonable that after all the important and vital information I have supplied to the United States Government that I be considered. an enemy combatant?

I feel that labeling me as an enemy combatant will endanger my personal safety. I will. be the subject of personal animosity and there is no authority in the United States Government that I can complain to.

The United States Government can keep me as it pleases, but please stop all actions that will compromise my safety. Please, look into it. Talking about it doesn't help. There is a reason for mentioning this subject.

In conclusion I did what I did because I know that the United States Government is looking for unlimited justice. I know very well that the same things I did, are occurring at even higher levels in the United States. The U.S. Government never minded and still supports those activities today. Therefore, I can expect the same would apply for me especially if the government is still willing or wishing to maintain justice. I affirm these are my words and the truth as I know it.

PRESIDENT: Ammar al Baluchi, was that the statement you wanted your Personal Representative to read for you?

DETAINEE: Exactly.


CLOSING UNCLASSIFIED SESSION

PRESIDENT: All unclassified evidence having been provided to the Tribunal, this concludes the open. tribunal session.

PRESIDENT: Ammar al Baluchi, you shall be notified of the Tribunal decision upon completion of the review of these proceed by the Combatant Status Review Tribunal convening authority in Washington, D.C.

PRESIDENT: If the Tribunal determines that you should not be classified as an enemy combatant, you will be released to your home country as soon as arrangements can be made.

PRESIDENT: If, however, the Tribunal determines your classification as an enemy combatant, you may be eligible for an Administrative Review Board hearing at a future date.

PRESIDENT: The Administrative Review Board will make an assessment of whether there is continued reason to believe that you pose a threat to the United States or its coalition partners in the ongoing armed conflict against terrorist organizations such as al Qaeda and its affiliates and supporters or whether there are other factors bearing upon the need for continued detention.

PRESIDENT: You will have the opportunity to be heard and to present relevant information to the Administrative Review Board. You can present information from your family
and friends that might help you at that Board. You are encouraged to contact them as soon as possible to begin to gather information that may help you.

PRESIDENT: A military officer will be assigned at a later date to assist you in the Administrative Review Board process.


ADJOURN OPEN SESSION

PRESIDENT: The open session of this Tribunal hearing is adjourned.

RECORDER: The time is 1455. The date is 30 March 2007.

RECORDER: All Rise.

REPORTER: Off the Record.

[The Tribunal withdrew from the hearing room]


AUTHENTICATION

I certify the material contained in this transcript is a true and accurate verbatim rendering of the testimony and English language translation of Detainee's words given during the open session of the Combatant Status Review Tribunal of ISN 10018.

[REDACTED], CAPT JAGC USN
Tribunal President


UNCLASSIFIED



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