Summary of Evidence memo

A Summary of Evidence memo

Summary of Evidence (ARB)

Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...

 was prepared for
Abd Al Aziz Sayer Uwain Al Shammeri's
Administrative Review Board,
on
20 April 2005.
The memo listed factors for and against his continued detention.

The factors for and against continuing to detain Abd Al Aziz Sayer Uwain Al Shammeri were among the 121 that the Department of Defense released on March 3, 2006.

The following primary factors favor continued detention
The following primary factors favor release or transfer

Enemy Combatant Election Form

According to the Enemy Combatant Election Form filled out by Al Shammeri's Assisting Military Officer Al Shammeri did not choose to participate in his Administrative Review Board hearing.
His Assisting Military Officer told his Board that the translator who accompanied him told him that he confirmed he spoke the same language as Al Shammeri. Unusually Al Shammeri's transcript does not record his Assisting Military Officer commenting on his demeanor.

A one page memo was attached to his transcript, drafted by the translator who accompanied his Assisting Military Officer, recording that captive 217 had been reluctant to document experiencing torture or rough treatment.

The Classified Record of Proceedings and basis of Administrative Review Board recommendation memo stated:

...The AMO verbally summarized the detainee's comments during the interview and the Detainee's written statement... ...The ARB reconvened on 25 May 05 after receiving correspondence submitted on behalf of the EC, identified herein as Enclosure (9), for further deliberation.

Captive 217's written statement was not included in the transcript, or published with it. Neither was the correspondence submitted on his behalf.

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 24 June 2005.

The assessment and recommendation memo stated:

The detainee is a habeas petitioner in the case of Al-Odah v. Bush Civil No. 02-0828 (D.D.C.). As of the date of this memorandum, no court order requires the government to provide the detainee's counsel or the court notice prior to removing the detainee from U.S. Naval Base Guantanamo Bay.

Repatriation and Kuwaiti incarceration

Al Shammeri was repatriated to Kuwait on November 4, 2005.

Al Shammeri, and four other Kuwaitis released when he was, stood trial in a Kuwaiti court, and were acquitted of all charges.

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban.

Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relations with friendly nations.

The detainees'
defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them.
Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Al Shammeri's trial began in March 2006, and he was acquitted on July 22, 2006.

In October 2011 Jenifer Fenton, of CNN

CNN

Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...

, interviewed Al Shammeri and Fouad al Rabiah at the house of Khaled al Odah, the father of Fouzi al Odah, one of the two remaining Kuwaiti captives in Guantanamo

Kuwaiti captives in Guantanamo

There were initially twelveKuwaiti detainees in Guantanamo.As of January 12, 2008 four Kuwaitis remained in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba....

.
Al Shammeri and other Kuwaiti captives regularly meet at
Al Odeh's house, to lend one another moral support.
Fenton reported that Al Shammeri described to her how he traveled to Afghanistan to help provide humanitaria aid.