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Homeland Security


Department of Defense
Office for the Administrative Review of the Detention of Enemy
Combatants at U.S. Naval Base Guantanamo Bay, Cuba

08 February 2007

TO: Personal Representative

FROM: OIC, CSRT (08 Feb 07)



1. Under the provisions of the Deputy Secretary of Defense Memorandum, dated 14 July 2006, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at U.S. Naval Base Guantanamo Bay, Cuba, a Tribunal has been appointed to determine if the detainee is an enemy combatant.

2. An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces."

3. 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 9:03 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 2972 persons in New York, Virginia, and Pennsylvania.


b. According to court transcripts and evidence from United States v. Zacarias Moussaoui, the detainee was closely associated with three of the hijackers responsible for the "9/11" attacks, Mohammed Atta (Atta), Marwan Al-Shehhi (Al-Shehhi) and Ziad Jarrah while they lived in Hamburg, Germany during the late 1990's and early 2000. The detainee, Atta and Al-Shehhi are known to have lived at or frequented one particular address during the same time period, 54 Marienstrasse 21073, Hamburg, Germany.

c. Airline and immigration records indicate that from November 1999 through February 2000, the detainee, Mohammed Atta, Marwan Al-Shehhi and Ziad Jarrah all traveled from Germany to Pakistan.

d. Sayf al-Adl is a senior al Qaida military commander with a long-term relationship with Usama bin Laden. Sayf al-Adl's role in the organization has been as a trainer, military leader, and key member of Usama bin Laden's security detail.

e. The diary of Sayf al-Adl was recovered during a raid in Saudi Arabia in 2004. The diary details the detainee's involvement in the 11 September 2001 terrorist plot and subsequent attack. The detainee is listed as a "highly professional jihadist" along with "9/11 hijackers", Mohammed Atta and Ziad Jarrah. The diary states that the three were briefed on an operation involving aircraft by Abu Hafs, a senior al Qaida planner. The detainee, Mohammed Atta, and Ziad Jarrah subsequently met with Usama bin Laden about the plan. Following the meeting, al Qaida began arrangements for the detainee, Mohammed Atta and Ziad Jarrah to receive pilot training. The detainee handled administrative details for the "9/11 hijackers" while they were in the United States and the detainee served as an al Qaida Europe based liaison.

f. The detainee was identified in a video tape of potential suicide operatives.

g. The detainee attempted to obtain a United States visa on four occasions from May 2000 to November 2000 for the purpose of attending flight school in the United States. Each application was rejected by United States Department of State.

h. The detainee attempted to enroll in the Florida Flight Training School, where "9/11 hijacker" Ziad Jarrah was a student. The detainee put down a 2,350 United States dollars deposit for flight training.

i. Ziad Jarrah repeatedly attempted to assist the detainee's travel to the United States and enrollment in the Florida flight training center.

j. The detainee also attempted to enroll at the Florida-based aviation language school.

k. The detainee, while in Germany, wired "9/11 hijacker" Marwan Al-Shehhi (who was in the United States ) 2708.33 United States dollars on 13 June 2000 via moneygram.

l. The detainee, while in Germany, wired "9/11 hijacker" Marwan Al-Shehhi (who was in the United States ) 1803.19 United States dollars on 21 June 2000 via moneygram.

m. The detainee, while in Germany, wired "9/11 hijacker" Marwan Al-Shehhi (who was in the United States ) 1760.61 United States dollars on 26 July 2000 via Western Union.

n. The detainee, while in Germany, wired "9/11 hijacker" Marwan Al-Shehhi (who was in the United States ) 4,118.13 United States dollars on 25 September 2000 via Western Union.

o. In June 2002, the detainee was personally interviewed by Yosri Fouda (Fouda), an investigative journalist for Al-Jazeera television. The interview took place over the course of 48 hours in Karachi, Pakistan. Also present at the meeting was Khalid Sheikh Mohammed (KSM), a senior al Qaida planner. Fouda conducted the interview in person with both the detainee and KSM. The detainee and KSM detailed how the "9/11 attacks" were planned and executed during the course of the interview. KSM identified the detainee as the coordinator of the "9/11 attacks." The detainee displayed items he claimed were "souvenirs" of the "9/11 attacks." The items included: an air navigation map of the American eastern seaboard, flight simulator CD- Roms and Boeing manuals and a flight instruction book the detainee claimed had "9/11 hijacker" Mohamed Atta's handwritten notes. The detainee stated Mohamed Atta (Atta) left them in the Hamburg, Germany, apartment he shared with the detainee. The detainee stated that he later met with Atta in July, 2001 in Madrid, Spain, to finalize the operational details of the "9/11 plot." The detainee stated he received a phone call on 29 August 2001 from Atta that gave the date for the "9/11 attacks." After learning this, the detainee ordered active al Qaida cells in Europe and elsewhere to evacuate and then he fled to Pakistan.

p. An unsigned letter found at the detainee's point of capture, and addressed to the detainee, asks follow on questions related to the detainee's Al-Jazeera interview detailing the "9/11 attacks."

q. An article from the London Sunday Times published on 8 September 2002 listed excerpts from a 112 page document entitled "The Reality of the New Crusaders' War." The detainee passed the document to Al-Jazeera reporter Yosri Fouda with a request for the document to be translated into English and entered into the Library of Congress. According to the London Sunday Times the document is al Qaida's written attempt to justify the "9/11 attacks" through Islamic teaching.

r. The London Sunday Times article published on 8 September 2002 listed excerpts from "The Reality of the New Crusaders' War" which contained statements from Taliban leader Mullah Mohamed Omar and Usama bin Laden which encourages jihad in service of the ousted Taliban regime.

s. The detainee was captured in a safe house. Items also recovered at the safe house at the time of the detainee's capture were high explosives, sheet explosives, a large quantity of improvised detonation devices, passports for Usama bin Laden's family members, a handwritten note to a senior al Qaida operative, identification cards for a senior al Qaida operative, identification cards for Ahmad Ibrahim Al-Haznawi, a "9/11 hijacker," and contact information for several known al Qaida operatives.

t. Documents captured in a raid of a separate al Qaida safe house were identical to documents captured along with the detainee. The documents included training manuals, security information and combat related subjects.

u. Letters and personal effects of a senior al Qaida operative were discovered in the safe house where the detainee was arrested.

v. Letters found at the detainee's point of capture detailed a plan to egress Pakistan with forged identification. This plan was inconjunction with a senior al Qaida operative.

w. A letter captured on an al Qaida courier detailed a senior al Qaida operative's instructions to the detainee to identify operatives to send to the United States or United Kingdom.

x. The detainee wired approximately 15,000 United States dollars to Zacharias Moussaoui while Moussaoui was enrolled in pilot training.

4. The detainee has the opportunity to contest his designation as an enemy combatant. The Tribunal will endeavor to arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemy combatant and that is deemed relevant to that issue. The Tribunal President will determine the reasonable availability and relevance of evidence or witnesses.


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