Bashir Nashir Al-Marwalah

Bashir Nashir Ali Al-Marwalah
Born	(1979-12-01) December 1, 1979 (age 43) [1] [2] [3] Al-Haymah, Yemen
Arrested	2002-09-11 Karachi, Pakistan Pakistani security officials, CIA
Detained at	the salt pit, Guantanamo
ISN	837
Charge(s)	No charge
Status	Transferred to the United Arab Emirates on August 13, 2016.
Occupation	nursing student

Bashir Nashir Ali Al-Marwalah is a Yemeni, who was captured in Pakistan, on September 11, 2002, and transferred to extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. ^{[4] [5] [6]} His Guantanamo Internment Serial Number is 837. Joint Task Force Guantanamo counter-terrorism analysts reports that Al-Marwalah was born on December 1, 1979, in Al-Haymah, Yemen.

Bashir Al-Marwalah was apprehended by a combined force of Pakistani security officials and a CIA black site team, on 11 September 2002—the anniversary of al Qaeda's attack within the USA. He and five other individuals spent slightly more than a month in CIA custody at the Salt Pit, prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an al Qaeda sleeper cell they called the "Karachi Six". ^{[7] [8] [9]} However, that claim had been dropped by his 2016 Periodic Review Board hearing.

As of December 3, 2009, Bashir Nasir Ali Al-Marwalah had been held at Guantanamo for seven years two months. ^[10]

Al-Marwalah was transferred to the United Arab Emirates on August 13, 2016. ^[11]

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. ^[12] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants. ^{[12] [15]}

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations: ^[16]

• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges ... are Al Qaeda fighters." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses|stayed in Al Qaeda, Taliban, or other guest- or safehouses." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges ... fought for the Taliban." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who was an "al Qaeda operative". ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of "36 [captives who] openly admit either membership or significant association with Al Qaeda, the Taliban, or some other group the government considers militarily hostile to the United States." ^[16]
• Bashir Nasir Ali Al-Marwalah was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban." ^[16]

References

1. "Archived copy" (PDF). www.defenselink.mil. Archived from the original (PDF) on 28 September 2006. Retrieved 5 February 2022.
2. United States Department of Defense, Joint Task Force Guantanamo. (30 May 2008). Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9YM-000837DP(S). The New York Times. https://web.archive.org/web/20230812155258/https://int.nyt.com/data/documenttools/82918-isn-837-bashir-nasir-ali-al-marwalah-jtf-gtmo/3d803a930f6e7b0b/full.pdf Archived from the original on 12 August 2023.
3. United States Department of Defense, Joint Task Force Guantanamo. (22 December 2015). Guantanamo Detainee Profile for Detainee ISN YM-837. Periodic Review Secretariat. https://web.archive.org/web/20230812160333/https://www.prs.mil/Portals/60/Documents/ISN837/20151222_U_ISN_837_GOVERNMENTS_UNCLASSIFIED_SUMMARY_PUBLIC.pdf Archived from the original on 12 August 2023.
4. OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
5. "A dossier of CSRT documents, prepared for Bashir Al Marwalah's habeas appeal" (PDF). OARDEC. 2005. Retrieved 2016-12-07.^{[ permanent dead link ]}
6. Andy Worthington (2010-10-13). "Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3)" . Retrieved 2016-12-07.
7. Britain Eakin (2016-06-30). "Big-Brother Figure Makes Case for Gitmo Release". Courthouse News Service. Archived from the original on 2016-07-02. Retrieved 2016-07-06. Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
8. Carol Rosenberg (2013-06-17). "List of 'indefinite detainees'". Miami Herald. Archived from the original on 2016-04-11. Retrieved 2016-08-18.
9. Carol Rosenberg (2013-06-17). "FOAI suit reveals Guantanamo's 'indefinite detainees'". Miami Herald. Archived from the original on 2014-11-21. Retrieved 2016-08-18. The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
10. "The Guantánamo Docket". The New York Times. 18 May 2021.
11. "Guantánamo population plummets with transfer of 15 to UAE | Miami Herald". Miami Herald . Archived from the original on 2016-08-16.
12. "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
13. Guantánamo Prisoners Getting Their Day, but Hardly in Court, The New York Times , November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
14. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times , December 11, 2004
15. "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
16. Benjamin Wittes; Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2017-05-19. Retrieved 2010-02-16.