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Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
ADIL SAID AlL HAJ OBEID AL BUSAYSS)

et aL

Petitioners,

GEORGE W. BUSH,

v.

)
)
)
)
)
)
President of the United States, et al., )
)
)
)

Respondents.

Civil Action No. 04-CV-1254 (HHK)

DECLARATION OF JAMES R. C~SFIELD ~][R.

Pursuant to 28 U.S.C. § 1746, I, Commander James R. Crisfield Jr., Judge Advocate

General’s Corps, United States Navy, hereby state that to the best of my knowledge, information

and belief, the following is true, accurate and correct:

1.

I am the Legal Advisor to the Combatant Status Review Tribunals. In that

capacity I am the principal legal advisor to the Director, Combatant Status Review Tribunals, and

provide advice to Tribunals on legal, evidentiary, procedural, and other matters. I also review the

record of proceedings in each Tribunal for legal sufficiency in accordance with standards

prescribed in the Combatant Status Review Tribunal establishment order and implementing

directive.

I hereby certify that the documents attached hereto constitute a true and accurate

copy of the portions of the record of proceedings before the Combatant Status Review Tribunal

related to petitioner Adil Said A1 Haj Obeid A1 Busayss that are suitable for public release. The

portions of the record that are classified or considered law enforcement sensitive are not attached

hereto. I have redacted information that would personally identify certain U.S. Government

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 2 of 17

personnel in order to protect the personal security of those individuals. I have also redacted

internee serial numbers because certain combinations of internee serial numbers with other

information become classified under applicable classification guideance.

I declare under penalty of perjury that the foregoing is true and correct.

~,

~.. ~’i~eld lr.
IAGC, USN

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 3 of 17

Department of Defense

Director, Combatant Status Review Tribunals

FOR OFFICIAL USE ONLY

From: Director, Combatant Status Review Tribunal

OARDEC/Ser:
29 September 2004

Subj: REVIEW OF COMB,,~ANT STATUS REVI]EW TRIBUNAL FOR

DETAINEE ISN # I

Ref:

(a) Deputy Secretary of Defense Order of 7 July 2004
(b) Secretary of the Navy Order of 29 July 2004

1. I concur in the decision of the Combatant Status Review Tribunal that Detainee ISN #1
meets the criteria for designation as an Enemy Combatant, in accordance with references (’fly-and
(b).

2. This case is now considered final, and the detainee will be scheduled for an Administrative
Review Board.

.~J. M. McGARRAH

RADM, CEC, USN

Distribution:
NSC (Mr. John Bellinger)
DoS (Ambassador Prosper)
DASD-DA
JCS (~5)
SOUTHCOM (COS)
COIVL]TPOTMO
OAR.DEC (~wd)
C1TF Ft Belvoir

FOR OFFICIAL USE ONLY

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 4 of 17

UNCLASSIFIED

28 Sep 04

From: Legal Advisor
To: Director, Combatant Status Review Tribunal

Subj: LEGAL SUFFIC]EaNCY REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL

FOR DETAINEE ISN #

Ref:

(a) Deputy Secretary of Defense Order of 7 July 2004
(b) Secretary of the Navy Implementatiun Directive of 29 July 2004

Erich

(1) Appointing Order for Tribunal#6 of 13 September 2004
(2) Record of Tribunal Proceedings

1. Legal sufficiency review has been completed on the subject Combatant Stares Review
Tribunal in accordance with references (a) and (b). After reviewing the record of the Tribunal,
find that:

a. The detainee was properly notified of the Tribunal process and voluntarily elected not
to participate in the Tribunal.

b. Tile Tribunal was properly convened and constituted by englosure (1).

c. The Tribunal complied with the provisions of references (a) and (b). Note that
information in exhibits R-5, R-6, R-7 and R-8 was redacted. The FBI properly certified
in exhibit R-2 that the redacted information would not support a determination that the
detainee is not an enemy combatant.

d. The detainee made no requests for wimesses or other evidence.

e. The Tribunal’s decisiun that detainee #1is properly classified ns an enemy
combatant was unanimous.

f. The detalnee’s Personal P,~presentative w~s given the opportunity to review the
record of proceedings and declined to submit comments to the Tribunal.

2. The proceedings and decision of the Tdbun~ are legally sufficient and no corrective action is
required.

3. I recommend th~ the decision of the Tribunal be approved and the case be considered final.

.!

CDR, JAGC, USN

UNCLASSIF/ED

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 5 of 17

~

Department of D~fcnse

Director, Combatant St~tusR¢vicw Tribunals

From: I)h-~or, Combatant Status l~icw Tribunals

Subj: APPO~qTI~IENT OF COMBATANT STATUS REVIEW TR~UNAL ~

Rcfi

(a) Conv~.ng AuthorRy Appointmont

Letter of 9 ~uly 2004

By the autlmrity given to n~ in mfcrcn~¢ (a), a Combs~nt Status Review Tribunal
~mblish~d by ’~Implcm~ntation
of Combatant Sta~ Review Tn~ou~sl Proccduras for
~ny Comba~m~ Defined at Guantmmmo Bay NavaIBas~ Cuba" dated 29 ~’uly 2004
is 1~-’by convene& It shall h~ such ~ as shall b~ brought before it witlmut furt~
~’tion ofref~ml or otherwise.

The following commissioned o~c~r~ shall ssr~ as members of the Tribe:

~ Colonel,

U.S. Arm~ Presider

Commander, }’AGC, U.S. Navy;, M~mb~r (JAG)

Licutcmmt Colonel, U.S. M~in~. Corp .s;

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 6 of 17

HEADQUARTERS, OARDEC FORWARD

GUANTANAMO BAY, CUBA

APO AE 09360

22 September 2004

MEMORANDUM FOK DIRECTOR, CSRT

FROM: OARDEC FORWARD Commander

SUBJECT: CSRT Record of Proceedings

ICO ISN#

1, Pursuant to Enclosure (1), paragraph (1)(5) of Implementation of Combatant Stat us Review
Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cuba
dated 29 July 2004, I am forwarding the Combatant Status Review Tribtmal Decision Report for
the above mentioned ISN for review and action.

2. If there are any questions regarding this package, point of contact on this matter is the
undersigned at DSN 660-3088.

Colonel, USAF

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 7 of 17

SECRETI/NOFORN//X1

~ Combatant Status Review Tribunal Decision Report Cover Sheet

This Document is UNCLASSIFIED Upon Removal of Enclosure (2).

(U) TRIBUNAL PANEL:

(Lr)

ISN#:

Ref:

End:

(a) (U) Convening Order for Tribunal #6 of 13 September 2004
0a)(U) CSP.T Implementation Dkec~ive of 29 ffuly 2004 (U)
(c) (U) DEPSECDEF Memo of 7 July 2004

(1) QO).Unclassified Summary of Basis For Tribunal Decision
(2) (~ Copies of Documentary Evidence Presented (S/NF)
(3)CuD Personal Representative’s Record Review (U)

1. (U) This Tribunal was convened by references (a) and (b) to make a determination
to whether the detainee meets the criteria to be desi~ated as an enemy combatant as
defined in reference (c).

2. (U) On 17 September 2004, the Tribunal determined, by a preponderance of the
evidence,
reference (c).

~ properly designated as an enemy combaf~ut as defined in

that Detainee

3. (~ In particular, the Tribunal finds that this detainee is a member of~ or affiliated
with, Taliban forces, as more fury discussed in the enclosures.

4. (U) Enclosure (1) provides an unclassified aceount of the basis for the Tribunul’s
deeisiom A det~ed account of the evidence cen~idered by the Tribunal and its findings
of fact are contained in enclosure (I).

Tribunal President

DERV FM: Multiple
DECLASS: XI

Sources

SECRET//NOFORN//X1

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 8 of 17

UNCLAS SII~IlgD//IFOU O

UNCLASS]I~IED SUMMARY OF BASIS FOR TRIBUNAL DECISION

(Enclosure (1) to Combatant Status Review Tribunal Decision Report)

TRIBUNAL.PA~L:
ISH #:

1

#6

1. Introduction

As the Combataut Status Review Tribunal.(CSRT) Decision Report indicates,
the Tribunal has
determined that this detainee is properly classified as an enemy combatant and was a par~ of or
supporting Taliban forces. ~u reaching its conclusions, the Tribunal considered both classified
and unclassified information. The following is an account of the evidence considered by the
Tribunal and other pcrfiuent information.

2. Synopsis of Proceedings

The Recorder prcscfited Exhibit R-I during the unclassified portion of the Tribunal. It indicates,
among other things, that the deYm3mee was a Taliban fighter, that he attended a Taliban training
camp north of Kabul, and that he fought on the front lines against the Northern All/ance un~ he
withdrew from his fighting positions
thr~ days before Ramadan/n 2001 (November
December 2001). The d~ta/nee escaped throu~ the Tom Born re~i6n of Afghanistan to
Pa~st~ where he surrendered his weapon and was arrested by the P~stani pol/ce in December
2001. The Kecorder called no witnesses, bu~ did introduce classified evidence (Exhibits
through R-17) during a closed session of the Tribunal. The detainee chose not to partlcipatc in
the Tribunal process as reflected in the Detsinee Election Form (Exhibit D-A). Although there
was no substantive evidence presented during the unclassified portion of the Tribunal, the
classified exhibits supported the assertions on the Unclassified Summa~ of Evidence.

3. Evidence Considered by the Tribunal

The Tribunal considered the following evidence in reaching its conclnsions:

Exhibits: R- 1 through R- 17 and D-A.

Testimony of the following persons: None.

c. Ststcment of the detainee: None.

4. Rulings by the Tribunal on Detainee Requests for Evidence or Wituesses

The Detainee requested no witnesse~.

The Detainee requested no additional evidence be produced.

LrNCLASSIFEED//FOUO

ISN ~

Enclosure
Page t of 2

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 9 of 17

UNCLASSIFIED//FOUO

5. Discussion of Unclassified Evidence

The Recorder offered Exhibit R-1 into evidence during the unclassified portion of the
15roceeding. Exhibit R-1 is the Unclassified Summary of Evidence. As noted above, it indicates,
among other things, that the detainee was a Taliban fighter and that he fought on the front lines
against the Northern Alliance until he withdrew from his fighting positions three days before
Ramadan in 2001 ~ovember- December 2001). The detainee then escaped through the Tom
Bore region of Afghanistan to Pakistan, where he surrendered his weapon and was arrested by
the paldstani police in December 2001. The classified exhibits, particularly Exhibits R-6
through R-8, support all of the assertions on the Unolassified Summary of Evidence. The
Tribunal noted Exhibit R-11 is identical to Exhibit R-6, and Exhibit K-12 corresponds to Ex~bit
R-7, although Exhibit R-12 is missing a page. Because the Tribunal had Exhibit R-7, which was
complete, the Tribunal did not request the missing page of Exhibit R-12. A~r considering all of
the evidence, the Tribunal found that the.detainee is properly classified as an enemy combatant

6. Consultations with the CSRT Legal Advisor

None.

7. Conclusions of the Tribunal

Upon careful review of all the evidence presented in this matter, the Tribtmal makes the
follovfing determinations:

a. The detainee chose not to participate in the Tribunal proceeding. No evidence was

produced that caused the Tribunal ~o q~esfion whether the detainee was mentally and physically
capable ofpadieipating in the proceeding, had he w~mted to do so. Accordingly, no medical or
mental health evaluation was requested or deemed necessary.

b. The Personal Representative informed the Tribunal that the detainee understood the

Tribunal process, but .~hose not to participate, as indicated in Exhibit D-A.

c. The detainee is properly classified as an enemy combatant because he was part of or

supporting Taliban forces.

8. Dissenting Tribunal Member’s report

None. The Tribunal reached a unanimous decision.

Respeetf-alty submitted,

Colonel, U.S. Army
Tribunal President

UNCLASSH~D//FOUO

Page 2 of 2

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 10 of 17

DETAINEE ELECTION

FORM

Date:, 14 Sept 2004

Start Time: 1400
End Time: 1505

ISN#:

Personal Representative:
(Name/Rank)

Translator Required? YES

Language? ARABIC

CSRT Procedure Read to Detainee or Written Copy Read by Detainee? READ TO H~

Detainee Election:

[]

[]

[]

Wants to Participate

in Tribunal

Affirmatively Declines to Participate

in Tribunal

Uncooperative or Unresponsive

Personal Representative

Comments:

declined to participate in the Tribunal He stated that he did not have
Detainee
any evidence to present to counter the statement in his unclassified summary. He does not want
me to make any statements or present any evidence on his behalf.

Personal Representative:

UNCLASSIFIED//FOUO

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 11 of 17

UNCLASSIFIED

Combatant S~atus Review Board

TO: Tribunal Member

FROM: OIC, CSRT (03 September 2004)

Subject: Summary of Evidence for Combatant S~atus Review Tribunal AL BUSAYSS,
Adil Said A1Haj Obeid.

1. Under the provisions of the Secretary of the Navy Memorandum, dated 29 July 2004,
Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants
Detained at Guantanamo Bay Naval Base Cuba, a Tribunal has been appointed to ~evlew
the detainee’s designation as an enemy combatant.

2. An enemy combatant has been, defined as "an individual who was part of or
supporting the Taliban or al Qaeda forces, or associated fomes that are engaged in
ho~fies agaiust the United States or its coalition partners. This includes any person
who committed a bel~gerent act or has directly supported hostih’ties in aid of enemy
armed forces."

3. The United States Government has previously determined that the detainee is au
enemy combatant. This determination is based on hfformafion possessed by the United
Slates that indicates that he is a Talibsn fighter.

a. The detainee is a Taliban righter:

1. The detainee, a Yemen citizen, admltted he traveled from Sanaa, Yemen
through Karachi, Pakistan to Kabul, Afghanimau to a attend a Taiiban training
camp dta-ing the beginning of Ramadan, 2000.

2. The detainee attended the trahing camp north of Kabul, Afghaniste~ for one
month, during which he received tralaing on hand grenades, Rocket-Prope]/ed
Grenades, Kalishnikov dries, machine guns, and physical ~alning.

3. The detainee was issued a Kallskulkov rifle and munition, two hand
grenades, and a machine gun.

4. The detainee stated that on the front line, there was no differentiation between
the Taliban and al Qaeda fighters; they fought along side each other.

b. The detainee participated in military operations against the coalition.

1. The detainee fought with the Taliban on the front line for 2 - 3 months.

2. The detainee’s unit withdrew t~om their fighting positions three days prior to
Ramadan 2001 (November - December 2001).

3. When deminee’s leader advised the fighters could stay, or escape, the detainee
lef~ Tora Beta with others to P~istam

of

|

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 12 of 17

UNCLASSIF~D

4. The detainee then ~raveled to Pakistan ~here he surrendered his weapon and
was arrested by Patds/ani polic~ in Dcc~mbcr 2001.

4. The detainee has the oppo~mity to contest his designation as an enemy combatant.
The Tribunal w~ endeavor to arrange for the presence of any reasonably available
witnesses or evidence that the detainee desi.rcs to call or ~ntroduce to prove that hc is not
an enemy combatant. The Tribunal President will determine the reasonable availability
of evidence or witnesses.

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 13 of 17

Memorandum

To

Department of Defense
Office of Administrative
for Detained Enemy Combatants
Col. David Taylor, OIC, CSRT

Review

Dm~

o9/o812oo~

FBI GTMO
Counterterrorism

s~je~ REQUEST FOR REDACTION OF

NATIONAL SECURITY INFORMATION
ADIL SAID AL~HAJ
t

(iSN

Pursuant to the Secretary of the Navy Order of 29

July 2004, Implementation of Combatant Review Tribunal
Procedures for Enemy Combatants Detained at Guantanamo Bay
Naval Base, Cuba, Section D, paragraph 2, the FBI requests
redaction of the information herein marked ~. The FBI makes
this request on the basis that said information relates to the
national security of the United States ~. Inappropriate
dissemination of said information could damage the national
security of the United States and compromise ongoing
investigations.

CEKTIFICATION
DETERMINATION

THAT REDACTED INFORMATION DOES NOT SUPPORT A
THAT TB~ DETAINEE IS NOT AN ENEMY COMBATANT

The FBI certifies the aforementioned

redaction

contains no information that would support a determination
that the detainee is not an enemy combatant.

been redacted by the FBI and provided to the

The following documents relative to ISN

have

FD-302 dated 03/25/2002
FD-302 dated 03/26/2002

~Redactions are blamkened out on the OARDEC provided FEI

document.

aSee Executive Order 12958

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 14 of 17

Memorandum from
Re : REQUEST

If you need addi

On

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 15 of 17

Memorandum

To

:

Department of Defense
office of Administrative
for Detained Enemy Combatants,
Col. David Taylor, OICI CSRT

Review

Date 09/16/2004

FBI GTMO
Counterterrorism
Division,
office of General Counsel,
Asst. Gen. Counsel

REQUEST FOR REDACTION OF
NATIONAL SECUI%ITY INFORMATION
ISN i

Pursuant to the Secretary of the Navy Order of 29

of Combatant Review Tribunal

July 2004, Implementation
Procedures for Enemy Combatants Detai~ed at Guantanamo Bay
Naval Base, Cuba, Section D, paragraph 2, the FBI requests
redaction of the information herein marked x. The FBI makes
this request on the basis that said information relates to the
national security of the United States ~. Inappropriate
dissemination
security of the United States and compromise ongoing FBI
investigations.

of said information could damage the national

CERTIFICATION THAT REDACTED INFORMATION DOES NOT SUPPORT A
DETERMINATION THAT THE DETAINEE IS NOT AN ENEMY COMBATANT

The FBI certifies the aforementioned

redaction

contains no information that would support a determination
that the detainee is not an enemy combatant.

The following

documents

relative

to ISNlhave

been redacted by the EBi and provided to the OARDEC, GTMO:

FD-302 dated 05/20/2002
FD-302 dated 06/03/2002

~Redactions are blackened out on the 0ARDEC provided FEI

document.

~See Executive Order 12958

page

~__~o

-~

f

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 16 of 17

Memorandum from
Re: REQUEST FOR REDACTION, 09/16/2004

to Col. David Taylor

If you need additional assl

Case 1:04-cv-01254-RCL Document 19-1 Filed 10/01/04 Page 17 of 17

UNCLASSI]~I~D//FOUO

Personal Representative Review of the Record of Proceedings

I acknowledge that on 17 September 2004, I was provided the opportunity to review the
record of proceedings for the Combataut Status Revi?w Tribtmal involving ISN #~

have no comments.

-- My comments are attached.

Date

UNCLASSI~IED//FOUO