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UNCLASSIFIED

Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10022


OPENING

PRESIDENT: This hearing shall come to order.

RECORDER: This Tribunal is being conducted at 1325 on 20 the-- excuse me, 20 March 2007 on board U.S. Naval Base Guantanamo Bay, Cuba. The following personnel are present:

Colonel [REDACTED], United States Air Force, President,

Commander [REDACTED], United States Navy, Member,

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

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

Sergeant First Class [REDACTED], United States Army, Reporter,

Major [REDACTED], United States Air Force, Recorder.

Lieutenant Colonel [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], 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 sworn. The Recorder will administer the oath.

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

REPORTER: I do.


CONVENING AUTHORITY

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

PRESIDENT: This Tribunal is convened by order of the Director, Combatant Status Review Tribunals under the provisions of his Order of 12 February 2007.

PRESIDENT: This Tribunal will determine whether BASHIR BIN LAP, 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 that you will faithfully perform your duties as a member of this Tribunal; that you will impartially examine and 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?

MEMBER: 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 REP: I do.

PRESIDENT: Please be seated.


PRESENTATION OF UNCLASSIFIED INFORMATION

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

PERSONAL REP: I am handing the Tribunal the Detainee Election Form, previously marked Exhibit D-a.

PRESIDENT: I note on the Detainee Election Form that ah-- the Detainee has marked, or is marked that the ah-- the Detainee wants the assistance of a Personal Representative and that he affirmatively declines to participate in the Tribunal. Personal Representative, is that still the situation?

PERSONAL REP: Yes, Sir.

PRESIDENT: Ah-- please explain in more detail of a-- how he made his ah-- ah-- election not to attend.

PERSONAL REP: There was no explanation offered, ah -- as far as his declination to attend.

PRESIDENT: Okay. I note from the Detainee Election Form with-- that you met with him numerous times and ah-- to your knowledge, was he ah-- completely aware of his ability ah-- to attend these hearings if he so desired?

PERSONAL REP: Yes, Sir.

PRESIDENT: And you are confident that he understood ah-- all of the instructions provided to him?

PERSONAL REP: That is correct; the conclusion at the last meeting is that he is fully aware of the CSRT process.

PRESIDENT: Very well. This proceeding will proceed in receiving evidence without the Detainee being present.


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. In addition, I am handing to the Tribunal the following Unclassified Exhibits marked as Exhibit R-2, R-3 and R-3a. Copies of these Exhibits have previously been provided to the Personal Representative.

PRESIDENT: Recorder, please read the unclassified summary of evidence for the record.

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

a. According to the Federal Bureau of Investigation, on 5 August 2003, a large vehicle bomb detonated outside of the J.W. Marriott hotel in Jakarta, Indonesia. Twelve persons were killed and one hundred forty-four people were injured, including two United States citizens.

b. An Indonesian National Police investigation, supported by the Federal Bureau of Investigation and other law enforcement agencies, revealed the J.W. Marriott hotel bombing was planned and executed by members of the Southeast Asia terrorist group Jemaah Islamiya, a group known to have solicited and received the support and guidance of al Qaida for its terrorist activities in Southeast Asia.

c. According to the Department of Homeland Security, Terrorist Organization Reference Guide, Jemaah Islamiya (JI) is a Southeast Asia terrorist network with links to al Qaida. The network plotted in secrecy through the late 1990s, following the stated goal of creating an idealized Islamic state comprising Indonesia, Malaysia, Singapore, the southern Philippines, and southern Thailand. In addition to raising its own funds, the JI receives money and logistic assistance from Middle Eastern and South Asian contacts, non-government organizations, and other groups, including al Qaida. The JI was responsible for the Bali, Indonesia bombings on 12 October 2002, which killed nearly 200 and wounded 300 others.

d. Hambali, also know as Riduan Bin Isomuddin, the Jemaah Islamiya operations chief and brother of Rusman Gunawan, instructed Rusman Gunawan to contact Ammar al Baluchi, one of his contacts in Karachi, Pakistan, and request he provide 50,000 United States dollars to Hambali's contact in Bangkok, Thailand, a person known as Zubair. According to Gunawan, after he requested this funding from al Baluchi, he was contacted by the Detainee. The Detainee advised Gunawan he would travel to Bangkok, Thailand and meet with Zubair to assist in the movement of the money. The Detainee provided Gunawan with a cellular telephone number Zubair would be using. According to Gunawan, the Detainee told him he intended to contact Zubair by means of this cellular telephone.

e. Ammar al Baluchi 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.

f. Rusman Gunawan advised Ammar al Baluchi that the Detainee would contact Zubair in Bangkok, Thailand, and Gunawan provided the telephone number of Zubair to al Baluchi. Gunawan later learned that Zubair and the Detainee were known personally to each other. According to the statement of Gunawan, the Detainee contacted him approximately a month and a half later and stated he had received the money. Subsequently, Gunawan contacted Hambali, who advised him the money had been received, though he did not specify by whom.

g. According to the Indonesian Indictment of Rusman Gunawan in January 2004, the Detainee traveled to Bangkok, Thailand to facilitate the movement of 50,000 United States dollars from al Qaida to the militant Islamic group, Jemaah Islamiya. A portion of this money, 30,000 United States dollars, supported operational expenses to bomb the J.W. Marriott hotel in Jakarta, Indonesia on 5 August 2003.

h. The Indonesian National Police investigation, supported by the Federal Bureau of Investigation and other law enforcement agencies, revealed that the J.W. Marriott hotel attack was financed by persons who were members and associates of al Qaida. Rusman Gunawan admitted during interviews he played a role in the funding for the attack and identified others who played a role in the movement of money from Pakistan, through Thailand, and eventually to Indonesia. Among those identified as part of this scheme by Gunawan was the Detainee, a Malaysian citizen who was in Thailand.

i. The Detainee shared a house with Hambali during basic explosives training. Additionally, the Detainee shared a house in Karachi, Pakistan with other individuals in November 2001.

j. One of the individuals the Detainee shared the house with in November 2001 is an admitted al Qaida operative and the leader of a suicide squad.

k. The Detainee was identified by an al Qaida operative as a member of an al Qaida suicide team that was to participate in a plan to attack a building in the United States.

l. An M- 16 rifle with ammunition was found in the Detainee's apartment after his capture.

m. Computer media recovered at the Detainee's apartment after his capture contained documents that described how to make bombs, grenades, dry ice bombs, and vest bombs. The recovered computer media also contained documents with information on the high explosive, pentaerythrite tetrannitrate (PETN) and information on making nitric acid.

Sir, this concludes the summary of unclassified evidence.

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

PERSONAL REP: Yes, Sir. I am handing to the Tribunal the ah-- oral statement from Mohammed Nazir bin Lep taken on 12 March 2007. It has been marked as Delta Bravo and has been submitted to the Recorder for review. You'll notice that the 12 March date does not match the signature date; the pen and ink changes were made on the signature date.

PRESIDENT: And the signature date is noted as March 14th

PERSONAL REP: That's correct, Sir.

PRESIDENT: Also, ah-- you referred to this Exhibit as a statement from MOHAMMED NAZIR BIN LEP, or L E P. Ah-- in the Unclassified Summary ah-- this Detainee is referred to as BASHIR BIN LAP. Can you explain the difference?

PERSONAL REP: No, Sir.

PRESIDENT: Is a--what you provided what the Detainee prefers to refer to himself as? PERSONAL REP: The Detainee contends that, that is his name.

PRESIDENT: Which is?

PERSONAL REP: MOHAMMED NAZIR BIN LEP is the Detainee.

PRESIDENT: Okay, understood. For the purposes of this hearing, I'll continue to retur-- ah-- refer to the Detainee using the name provided to us in the Unclassified Summary for consistencies. Personal Representative, do you have any comments regarding ah-- any other matter?

PERSONAL REP: Sir, the Detainee has asked that I read his statement into the record.

PRESIDENT: Very well, we'll attend to that in a moment. 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 in due course.

RECORDER: Mister President, I do have a comment regarding one of the unclassified exhibits that I have provided.

PRESIDENT: Very well, continue please.

RECORDER: Refing-- referencing Exhibit R-2, the Indonesian Court Criminal Indictment for Rusman Gunawan, this Exhibit was used in creating bullet 3-g, off the unclassified summary which I just read. I would like to point-- point out a-some name references that were used in writing the bullet. First I will state the name and then I'll go back and spell them for-- for clarification.

PRESIDENT: Continue please.

RECORDER: And you, you-- excuse me, [President and Recorder speaking at same time] you will notice these names as you read the highlighted portions of the exhibit. Zubir al. Ahmad al. Lili refers to ZUBAIR. That's (Z U B I R) al. (A L period) being translated to mean alias, Ahmad, (A H M A D) alias Lili, (L I L I) refers to Zubair, (Z U B A I R). The next one is Zuber refers to Zubair (Z U B E R) refers to (Z U B A I R). And lastly, Basyir (B A S Y I R) refers to Bashir Bin Lap, the Detainee in question.

PRESIDENT: Does that conclude your comments regarding the unclassified evidence exhibits?

RECORDER: Yes, Sir.

PRESIDENT: Personal Representative, do you have any comments to provide?

PERSONAL REP: No, Sir.

PRESIDENT: Very well, the ah-- Tribunal will pause briefly to permit members to read

the unclassified evidence.

PERSONAL REP: Sir, if I may, as a point of clarification.

PRESIDENT: Go ahead Personal Representative.

PERSONAL REP: The Board's been presented one copy that's been highlighted, both by the Recorder and the Personal Representative ah--and two copies that have not been completely highlighted.

PRESIDENT: Understand; so you've marked ah-- certain portions of that for our attention.

PERSONAL REP: That's correct, Sir.

PRESIDENT: Do you recall what ah-- color you used?

PERSONAL REP: Yes, Sir. Green, Pink and Yellow.

PRESIDENT: Oh, okay.

PERSONAL REP: The Recorder also used Yellow in places.

RECORDER: Yes, Sir. The, if I may, the parts that have been highlighted in yellow where it's obviously done by a computer, that is what came to me ah-- from D.C. That's how it was highlighted.

PRESIDENT: And it's to reflect ah--

RECORDER: What was used in the bullet; the references for -- used in writing the bullet.

PRESIDENT: So essentially, inculpatory related information regarding what tended to suggest that he was an enemy combatant.

RECORDER: I believe-- I understand what you are saying. The-- the highlighted parts were used in reference to create the bullet 3-g that I was mentioning earlier.

PRESIDENT: And-- and R-1 is-- is essentially as it states the government's position of what tends to make him an enemy combatant. Ah-- Personal

Representative, your highlights,.. I assume, would be the exculpatory ah- information for us to consider.

PERSONAL REP: Ah-- not entirely sue [so]. Sir, it's ah-- highlighted for clarification on the acceptability of that piece of evidence.

PRESIDENT: Very well, we'll consider that. Ah-- its a rather lengthy document, so we'll refer to the original full page version for the purposes of our record. And all of the highlights are reflected there.

[after the pause to read]

PRESIDENT: Okay, we've ah-- concluded reviewing all the ah-- unclassified evidence provided to us in written form. We do have a few ah-- questions for the Recorder. Exhibit R-2, the indictment from ah-- the Jakarta Office of the Prosecutor; on page 22 there is a purple stickum note with some notes on it. Was there an intention to provide that as part of the record or was it your own personal note?

RECORDER: Those are my personal notes when I was reviewing the document, Sir.

PRESIDENT: So I assume that you want this little sticky back and it's not necessary for us to consider; you've already covered that material in the --

RECORDER: Yes, Sir. [both speaking at same time]

PRESIDENT: comments you made.

RECORDER: Yes, Sir.

PRESIDENT: Very well. I'll remove the sticky from the material provided to us. That addresses that matter. Also during the review, this document ah-- there were quite a few names used and we do have a question regarding one of the comments you made. You made a comment earlier that ah-- Zuber (Z U B E R) [spelled out by President] was considered to be the same as Zubair (Z U B A I R) [spelled out by President]; however, it was noted by Tribunal members that ah-- there was a reference used throughout the document to a Zerber (ZUBIR) [spelled out by President], specifically on such pages as six, twenty-two, forty-two, as well as fifty. Ali,-- can you clarify if that spelling was considered equivalent by ah-- by the government regarding its reference to Zurber or Zubair?

RECORDER: Yes.

PRESIDENT: Is that the same person?

RECORDER: Yes, Sir. According to the information given to me by the individuals who crafted these bullets.

PRESIDENT: Okay.

RECORDER: Z U B I R, Z U B E R [spelled out by the Recorder] are both referred to Zubair.

PRESIDENT: Understood.

RECORDER: Z U B A I R [spelled out by Recorder].

PRESIDENT: We'll take that into account as we review this ah-- document in our deliberations and understand there are possible different ah-- ah-- spellings for the people. Ah-- again we will review that in context; I noticed that even in some paragraphs they seem to use the same-- the different spelling in the same paragraph. Ah-- also, on page thirty-eight of the document, again very related to your comment earlier, ah-- there was a spelling for ah-- B A S I R [spelled out by President], BASIR. Would that be equivalent to ah-- BASHIR, in this case I believe, ah-- referring to this Detainee? Ah-- in your earlier notes or comments, you mention that B A S Y I R [spelled out by President] was considered the same as ah-- the Detenant's [Detainee's] spelling of BASHIR, B A S H I R, [spelled out by President]. Would you clarify or do you know if B A S I R [spelled out by President] is referring to the same person?

RECORDER: Sir, I did not clarify that particular spelling B A S I R [spelled out by Recorder], as to whether or not that was-- that they considered that, the Detainee or not, when writing those bullets.

PRESIDENT: Okay. If we need that further clarified, we will let you know.

RECORDER: If I made any comment, it would be just my opinion. --so--

PRESIDENT: Understood. Consider that matter, in reference to all the other material provided to us. Tribunal members, have any other questions or comments -- or questions actually to the Personal Representative or Recorder?

MEMBERS: No, Sir; No, Sir.

PRESIDENT: At this point, we'll refer-- to the ah-- Personal Representative, who I believe, is prepared to ah-- read in additional comments ah-- that the Detainee wishes to be part of the record.

PERSONAL REP: That is correct, Sir.

PRESIDENT: Please proceed.

PERSONAL REP: Ah-- the first document was presented as Exhibit D-b; it's the Detainee's Oral Statement. Mohammed Nazir bin Lep Oral Statement for Combatant Status Review Tribunal taken on 12 Mar 2007 by PR 3. Paragraphs a b c and e: The facts for paragraphs a b c and e are either not correct or are incomplete. The mentioned paragraphs have nothing to do with me but are just informational news items. I have nothing to do with JI. Paragraphs d and f: First, I note that paragraphs d and f are the same activity. Why are they in separate paragraphs? Paragraphs d and f should be one paragraph. It is true that I facilitated the movement of money for Hambali, but I did not know what it was going to be used for. Paragraph g: Again, the facts of paragraph g are not correct. While it is true I was in Bangkok, it was for a short period of time as a layover during my travels to Hadyai in southern Thailand. I do not know anything about a hotel bombing. ZUBAIR, AHMAD and LILLI are not the same person. Paragraph h: Hambali asked me to send money to his colleagues for living expenses. I didn't know anything about a hotel bombing. Paragraph i and j : The facts of these two paragraphs are wrong. I don't know anything about a suicide team or any activities of a suicide team. I did not get explosives training. I was at the house while trying to make money to fund my travels to Malaysia. I stayed at that particular house because there were several other Malaysians. Paragraph k: I was sworn by Usama bin Laden to participate in attacks on the United States. However, I do not know anything about plans for the attack in paragraph k. I never knowingly lived with al Qaida or supported al Qaida. Paragraph 1: It is not against the law in Thailand to have an M-16 in your apartment. I committed no crime against the United States. Paragraph m: Paragraph m is correct as written. I affirm that these are my words and truth as I know it. Signed and dated 14 March 2007 as stipulated ah-- with the handing over the exhibit ah-- the pen and ink changes were made on 14 March.


DETAINEE QUESTION & ANSWER

PRESIDENT: Understood. Does the Recorder have any ah-- questions for the Personal Representative regarding the ah-- the oral statement that was just read in from the Detainee?

RECORDER: No, Sir.

PRESIDENT: Tribunal Members, do you have any questions for the Personal Representative?

MEMBERS: No, Sir; No, Sir.


CALLING OF WITNESSES

PRESIDENT: Very well. We will now allow for the calling of witnesses. All witnesses called before this Tribunal may be questioned ah-- by the Personal Representative, the Recorder, and the Tribunal Members. Does the Recorder have any witnesses to present?

RECORDER: No, Sir.

PRESIDENT: And from Detainee Election Form, I note that the Detainee has not requested any witnesses.


CLOSING UNCLASSIFIED SESSION

PRESIDENT: All unclassified evidence having been provided to this Tribunal, this Tribunal has concluded its open session.

PERSONAL REP: Sir, as a point of order, the Personal Representative does have comments about the unclassified evidence.

PRESIDENT: Very well, You can make those at this moment.

PERSONAL REP: Mohammed Nazir bin Lep issues in the unclassified evidence for Combatant Status Review Tribunal 20 Mar 2007 by PR 3. Upon review of the unclassified evidence, I have identified the following items: Exhibit R-2 discusses Rusman Gunawan's affiliation with Al Ghuraba terrorist group from Pakistan and involvement in the Jakarta bombing. Exhibit R-2 does not discuss Rusman Gunawan's affiliation with Jemaah Islamiya. The Al Ghu-- The Al Ghuraba group is not listed as a terrorist organization in Exhibit R-3, the Terrorists Organization Reference Guide from the U.S. Department of Homeland Security. Exhibit R-3 does not contain information related to the activities of the Detainee in the Unclassified Summary of Evidence. There is no indication in R-3a that Malaysia and Thailand were part of the coalition at the time of the activities listed in the Unclassified Summary of Evidence. Paragraph g references the Indonesian Indictment of Rusman Gunawan in January 2004. Exhibit R-3 was promulgated in October 2004 and Rusman Gunawan's trial was started in June of 2004. It is not clear that this exhebit-- exhibit is the correct document. Page 38 of Exhibit R-2 refers to the name Basir from an email. Page 49 and 50 refer to a person named Basyir, also from an email. Neither of these names are on the Unclassified Summary of Evidence. There are, however, several references to Abu Bakar Ba'asyir, the clerical leader of JI. In consultation with the government translator, Basir, Basyir and Ba'asyir are different names.

PRESIDENT: If you could please, spell those out for the record so--

PERSONAL REP: Basir, B A S I R [spelled out by Personal Representative], Basyir, BASYIR [spelled out by Personal Representative], and Ba'Asyir, B A - A S Y I R [spelled out by Personal Representative]. From Exhibit R-2, neither Basir nor BASYIR ever handled any money. If BASIR or BASYIR facilitated the moving of money, there is no way for him to know what the money was going to be used for. The money changed hands and national currencies at least five times in the 6 months prior to the bombings. According to page 44, the J.W. Marriot hotel bomb was not built until sometime between August 1 and August 4, 2003. The money was transferred in the January- February 2003 timeframe. At today's meeting, the Detainee said that he does not know the people referenced in paragraphs i and j. Precisely he said, "Who are these people?" An oath does not make the Detainee an enemy combatant. The Unclassified Summary presented to him had LILLI as his name on the Unclassified Summary. The Unclassified Summary read today had LILLI removed. The name LILLI does appear in Exhibit R-2. And the Recorder has stipulated that--that LILLI refers to ZUBAIR. There is no consistency in R-2, to what BASIR or BASHIR did. Certain defendants say BASHIR facilitated, other defendants say BASIR facilitated. And those, again, from the government Translator are different names. That concludes my issues with the Unclassified Statement--I mean Unclassified


Summary of Evidence.

PRESIDENT: Understood. I'd like to refer back to the Recorder to clarify the ah-- Exhibit R-1 as it was presented to us today versus what you had presented to the Detainee earlier. Ah-- specifically, the reference to ah-- the name LILLI or the word LILLI added to the subject line. Will you clarify that matter for us?

RECORDER: It was in brackets and when I inquired to D.C. to the coordinators and the quality assurance personnel, is that necessary and what do the brackets mean, and they said it's not necessary, you can remove it so that it matches-- also matches the exhibit list and all other documentation we have on the Detainee.

PRESIDENT: Very well. Personal Representative, were you aware of that today for your last meeting with the Detainee?

PERSONAL REP: Yes, Sir.

PRESIDENT: Did you address that matter with the Detainee?

PERSONAL REP: No, Sir. The Detainee does not like the name LILLI.

PRESIDENT: So would this actually be in his favor and addressed his concern by removing that from the ah-- Exhibit R-1?

PERSONAL REP: I don't believe it affects it either way, Sir.

PRESIDENT: Very well.

PERSONAL REP: Other than the LILLI referred in R-2, has been stipulated to be ZUBAIR by the government.

PRESIDENT: By some other person; understood. That is understood. Recorder, do you have any other questions or comments relating to the Personal Representative's additional comments?

RECORDER: Yes, Sir. I can address a couple of the issues that the PR brought up. Regarding R-3, ah-- he mentioned, it doesn't have anything to do with any ah-- the Detainee being an enemy combatant. It was merely just supportive documentation defining what JI was since we mentioned JI in the Unclass Summary. They offered a definition of what JI was. Jemaah Islamiya.

PRESIDENT: Okay.

RECORDER: In R-3a, which I offered as evidence for the question which came up in a previous ah-- previously from you, Sir, whether Malaysia and Indonesia were considered coalition partners. It does address that they work closely with the U.S. in countering terrorism and it does refer to improved relations and working towards combat-- combating terrorism the past two years and the document was from October 2003. So, it translated to mean that we've been working with them since at least 2001.

PRESIDENT: Okay.

RECORDER: Covering that time frame in question.

PRESIDENT: Any other comments?

RECORDER: Regarding the name and the references and the aliases, I do have further comments, but I'll reserve those for the closed session if I could, please.

PRESIDENT: Very well. Tribunal members, do you have any comments or questions?

MEMBER: No, Sir.

MEMBER: I believe that ah-- your comments ah-- about the indictment by Zu-- by the Detainee, ah-- were that-- we couldn't specifically tie the Detainee to this document, is that correct?

PERSONAL REP: I believe that is for the Board to decide.

MEMBER: Was it [both Member and Personal Representative talking at same time], Was that his intent, do you think?

PERSONAL REP: His intent, as you see in his statement, is that he has nothing to do with-- with JI.

MEMBER: I read that. I also note that in his statement that he said that he did move money for Hambali.

PERSONAL REP: That's correct, Sir.

MEMBER: Is that correct? [spoken at same time by Member and Personal Representative]. I also note that in his statement, that he was sworn by Usama Bin Laden to participate in attacks on the United States. Is that correct?

PERSONAL REP: Yes, Sir.

MEMBER: Thank you.

PRESIDENT: If there are no further ah-- inputs from the Recorder or Personal Representative, we can conclude this open session. BASHIR BIN LAP shall be notified of the Tribunal decision upon completion of the review of these proceedings by the Combatant Status Review Tribunal convening authority in Washington D.C.


ADJOURN OPEN SESSION

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

RECORDER: The time is 1433. The date is 20 March 2007. All rise.


RECONVENE

PRESIDENT: This hearing is reconvened in open session to cla-- clarify information provided by the Personal Representative, previously. Recorder, please note the date and time of this reconvened session.

RECORDER: The time is 1500; the date is 20 March 2007.

PRESIDENT: Personal Representative, you may proceed.

PERSONAL REP: Sir, I'd like to make a correction in regards to my discussion with the government Translator. Ah--

PRESIDENT: Okay.

PERSONAL REP: The correction is as such: my discussion with the government Translator were to pronounce BASHIR, BASIR, and BA'ASIR. He said that these are different names, but made no mention if these were different people.

PRESIDENT: Understood.

PERSONAL REP: That's the end of the correction.

PRESIDENT: Understood. For the record, though, could you spell those three names as you pronounce them?

PERSONAL REP: Sorry, I don't understand what you are asking me.

PRESIDENT: You mentioned three names. BASHIR, BASIR and BA'ASIR. Ah-- if you could spell those as you use them. For the record.

PERSONAL REP: I could spell them phonetically and then spell them as the actual spelling.

PRESIDENT: Either way, it would be very helpful to the record.

PERSONAL REP: Okay. BASHIR, B A S H I R [spelled out by Personal Representative], written as, B A S Y I R. [spelled out by Personal Representative], BASIR, B A S I R, [spelled out by Personal Representative], written as B A S I R. [spelled out by Personal Representative], BA'ASIR, B A H hyphen H A S I R, [spelled out by Personal Representative], written as, B A apostrophe A S Y I R [spelled out by Personal Representative].

PRESIDENT: Very well. Thank you for that clarification. Is there anything else you would like to add for the record?

PERSONAL REP: No, Sir.

PRESIDENT: Ah-- Recorder, do you have any comments or questions regarding that explanation?

RECORDER: No, Sir.

PRESIDENT: Tribunal members?

MEMBERS: No, Sir; No, Sir.

PRESIDENT: That concludes this ah-- reconvened open session of ah the Tribunal for ah- - BASHIR BIN LAP. And ah-- this session is adjourned.

RECORDER: The time is 1502; the date is 20 March 2007. All rise.


AUTHENTICATION

I certify the material contained in this transcript is a true and accurate verbatim rendering of the testimony during the Combatant Status Review Tribunal of ISN 10022

[REDACTED], Colonel, USAF
Tribunal President


UNCLASSIFIED



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