Mohammed Fenaitel Mohamed Al Daihani Explained

Mohammed Fenaitel Mohamed Al Daihani
Birth Date:4 November 1965
Birth Place:Kuwait City, Kuwait
Id Number:229
Alias:Mohammed Funaitel al Dihani
Mohammed Fenaitel Mohamed al Daihani
Charge:No charge
Status:Repatriated

Mohammed Fenaitel Mohamed Al Daihani is a citizen of Kuwait who was held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba.[1] [2] Al Daihani's Guantanamo Internment Serial Number was 229. Joint Task Force Guantanamo counter-terrorism analysts reports that Al Daihani was born on November 4, 1965, in Kuwait City, Kuwait. Al Dehani was repatriated without charges on November 2, 2005.[3]

Combatant Status Review

See main article: Combatant Status Review Tribunal.

A Summary of Evidence memo was prepared for his tribunal. The memo listed the following:[4]

On March 3, 2006, in order to comply with a court order, the Department of Defense published a twelve-page summarized transcript from his Tribunal.[5]

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.[6]

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohammed Fenaitel Mohamed Al Daihani's Administrative Review Board, on April 22, 2005.[7] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

The following primary factors favor release or transfer

Transcript

On March 3, 2006, in compliance with a court order, the Department of Defense published a two-page summarized transcript of his hearing.[8]

Press reports

Canadian journalist, and former special assistant to US President George W. Bush, David Frum, published an article based on his own reading of the transcripts from the Combatant Status Review Tribunals, on November 11, 2006.[9] It was Frum who coined the term "Axis of evil" for use in a speech he wrote for Bush. Al Daihani's transcript was one of the nine Frum briefly summarized. His comment on Al Daihani was:

Frum came to the conclusion that all nine of the men whose transcript he summarized had obviously lied.[9] He did not, however, state how he came to the conclusion they lied. His article concluded with the comment:

Al Odah v. United States

Mohammed Fenaitel Mohamed Al Daihani was among the eleven captives covered in the July 2008 "Petitioners' Status Report" filed by David J. Cynamon in Al Odah v. United States on behalf of the four remaining Kuwaiti prisoners in Guantanamo. Seven other prisoners were amalgamated to the case, which charged that none of the men had been cleared for release, even though the government had completed factual returns for them—and those factual returns had contained redacted sections.[10]

The decision, striking down the Military Commissions Act, was handed down on June 12, 2008.[11] [12]

Repatriation

On May 12, 2007, the Kuwait Times reported that the USA concluded negotiations regarding the repatriation of the remaining Kuwaiti captives.[13]

Notes and References

  1. Web site: List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. OARDEC. OARDEC. United States Department of Defense. May 15, 2006. 2007-09-29.
  2. Web site: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. October 2004. The UC Davis Center for the Study of Human Rights in the Americas (CSHRA).
  3. News: Mohammad Finaytal al Dehani – The Guantánamo Docket. The New York Times. 10 January 2010.
  4. Web site: Summary of Evidence for Combatant Status Review Tribunal -- Al Daihani, Mohammed Fenaital Mohamed. https://web.archive.org/web/20080227125617/http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#12. 27 February 2008. 22 September 2004. 52–53. OARDEC. OARDEC. United States Department of Defense. 2008-03-12.
  5. Web site: Summarized Statement. . 71–82. OARDEC. OARDEC. United States Department of Defense. 2008-03-12. 2006-08-25. https://web.archive.org/web/20060825045736/http://www.dod.mil/pubs/foi/detainees/csrt/Set_4_0320-0464.pdf#71. dead.
  6. Web site: Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. March 6, 2007. November 12, 2010.
  7. Web site: Unclassified Summary of Evidence for Administrative Review Board in the case of Al Daihani, Mohammed Fenaitel Mohamed. 22 April 2005. 24–25. OARDEC. OARDEC. United States Department of Defense. 2008-03-12. dead. https://web.archive.org/web/20080313135752/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_001161-001234.pdf#24. 13 March 2008.
  8. Web site: Summary of Administrative Review Board Proceedings of ISN 229. . OARDEC. OARDEC. 131–132. United States Department of Defense. 2008-03-12. 2008-03-13. https://web.archive.org/web/20080313135327/http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_2_585-768.pdf#131. dead.
  9. News: Gitmo Annotated. November 11, 2006. National Review. David Frum. David Frum. 2007-04-23. dead. https://web.archive.org/web/20110714155527/http://frum.nationalreview.com/post/?q=OTQxMWVkMjJlNWZiMmE3ZmRlYTM5MDU4ZWFlOTQxOGY=. July 14, 2011.
  10. Web site: Guantanamo Bay Detainee Litigation: Doc 88 -- petitioners' status report. United States Department of Justice. David J. Cynamon. 2008-08-19. 2008-08-23. 2008-12-01. https://web.archive.org/web/20081201020344/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/88/0.pdf. dead.
  11. News: Stout. David. 2008-06-13. Justices Rule Terror Suspects Can Appeal in Civilian Courts. en-US. The New York Times. 2023-01-22. 0362-4331.
  12. Transcript of Supreme Court oral arguments for Boumediene v. Bush (No. 06-1195) and Al Odah v. US (06-1196)
  13. News: US to free last Kuwaiti Guantanamo detainees. May 12, 2007. B Izzak. Kuwait Times. 2007-05-14. dead. https://web.archive.org/web/20110518073042/http://www.kuwaittimes.net/read_news.php?newsid=NDIzNDE4Njg4. May 18, 2011.

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