) ) ) Civil Action No. 05-cv-0429 (RJL)

Transcription

1 Case 1:05-cv RJL Document Filed 11/06/2008 Page 1 of 25 8ECRETl/NOFOR~ Hisham Sliti, UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA Petitioner, V. George W. Bush, President of the United States of America, et al., ai., v. ) ) ) ) ) ) Respondents. ) ) Civil Action No. 05-cv-0429 (RJL) ) ) ) ) NARRATIVE FOR PETITIONER HISHAM BIN BIN ALI ALI BIN BIN OMAR OMAR SLITI SLITI (lsn(isn 174) 174) INTRODUCTION 1. Petitioner Hisham bin Ali bin Omar Sliti (the detainee or the subject detainee) is is a a Tunisian citizen cun-ently cun ently detained at the at the U.S. U.S. Naval Naval Station, Station, Guantanamo Bay, Bay, Cuba. Cuba. The The detainee is lawfully subject to detention because ~ to Afghanistan to Afghanistan and traveled and there traveled ~ with there the help of with the help of ; he was ~; he was a he was a to al-qaida that threatened the the security interests interests ofthe of United the United States; he States; associated he associated with with ~ while in in Afghanistan; he he is is assessed to to have have ~; he fled Afghanistan he fled Afghanistan during the the American-led war against war the against Taliban; the was Taliban; captured he with was captured with ~ ; and he was ~ Consequently, for these and other reasons as as set f011h forth more fully below, petitioner is is lawfully subject to detention pursuant to, to, among other things, the the President's President s power as as Commander in in Chief and the Authorization for the Use of Milita12 Military Force. 8ECRETI/NOFOR~

2 Case 1:05-cv RJL Document Filed 11/06/2008 Page 2 of 25 SECRET//NOFORl\t 2. The factual basis for petitioner's petitioner s detention is supported by source documents cited in this Narrative and attached hereto. In the material related to to the factual bases for for petitioner's petitioner s detention and his assessment as as a properly detainable enemy combatant, there there are are documents reflecting interviews with him and others conducted by by law law enforcement and and intelligence personnel persolmel as well as information derived from other sources and and methods. Information received from these sources is commonly reproduced in repolis reports created by the collecting officer. Such information is is also commonly analyzed by intelligence or law enforcement persoid1el persomael and used to to produce other intelligence products. These reports and intelligence products are routinely relied upon by military or intelligence persolmel persolmel in in making decisions to to act upon threats to to our our national security. Declaration of of ~ on Intelligence on Intelligence 101 ; 101; Declaration of ~ of 3. The subject detainee, like all detainees, has been assigned an an Internment Serial Number or ISN. The ISN is an administrative code assigned to to military detainees. His His full fiall ISN ISN is ~, in which the in which number the number "174" "174" is is his unique identifier identifier and_ ~ Source documents attached as Exhibits to to this Narrative may refer to to the detainee by by his his name, by by various alternative renderings of of his his name, by aliases, by MP number, by by full full ISN, or or by by various short short forms forms of his of his ISN. ISN. The The aliases aliases and/or alternative renderings of his of name his name include include Ahmed bin Ahmed _ bin ~ bin Omar al-masoudi, Al~nad Ahmad Muhammad, ~ and Hamza.1 ISN 174 FD-302 (May 17, 2002); and Hamza. 1 ISN 174 FD-302 (May 17,2002); ISN 174 FD-302 (July 10, 2002); I For a discussion of of Arabic names, aliases, aliases, kunyas, kunyas, and and variants, variants, see the see Declaration the Declaration of_ ~ ~ on that subject. on that subject. 2 SECRET//NOFOR~

3 Case 1:05-cv RJL Document Filed 11/06/2008 Page 3 of 25 SECRETIINOF9RN.... Other military Other military detainees may be referred to in the source documents and this Narrative by by name, by by MP MP number, or by various forms ofisn. 4. The following naltative narrative and attached materials set f01ih forth the the factual bases supporting Supp01iing petitioner's petitioner s lawful detention. This narrative nan ative is is not not intended to to be be a complete a explication of the information in support of petitioner's petitioner s detention in in those documents. GENERAL BACKGROUND 5. A1-Qaida AI-Qaida (the Base) was founded by by Usama bin bin Laden and and others others in in approximately 1989 for the purpose of opposing celiain certain governments govermnents and officials with force and and violence. National Comm'n Comm n on on Terrorist Attacks Upon Upon the the United United States, States, The 9111 The 9/11 Commission ~ Report 56 (2004) 56 (2004) (9/11 (9111 Commission Report). Rep01i). 6. Usama bin Laden is recognized as the emir (prince or or leader) of of al-qaida. Id ~. Id. 7. A purpose or goal of al-qaida, as as stated by by Usama bin bin Laden and and other other al-qaida leaders is to support violent attacks against nationals and and propeliy property (both military and and civilian) of of the United States and other countries. Id. at Between 1989 and 2001, al-qaida established training camps, guest houses, and and business operations in Afghanistan, Pakistan, and and other countries for for the the purpose of of training and and supporting violent attacks against nationals and and property (both military and and civilian) of the of the United States and other countries. Id. at In 1996, U Usama bin Laden issued a a public "Declaration of of Jihad Jihad Against the the Americans," which called for the murder of of United States military personnel serving on on the the Arabian Peninsula. Id. at at SECRETl/NOFORN

4 Case 1:05-cv RJL Document Filed 11/06/2008 Page 4 of 25 SECRET//NOFORl\T 10. In In February 1998, Usama bin Laden and Ayman al-zawahiri (bin (bin Laden's Laden s deputy) deputy) issued a fatwa (purported (purpolied religious ruling) requiring all all Muslims able to to do do so so to to kill kill Americans - whether civilian or military - anywhere in the world. Id_~. Id. at at Since 1989, lnembers members and associates of al-qaida, known and and unknown, unl~own, have have carried out numerous terrorist attacks, including, but not limited to: to: the attacks against the the American Embassies in Kenya and Tanzania in in August 1998, which killed killed approximately people, id ~, id. at 68-70; at 68-70; the the attack attack against against the the USS USS COLE COLE in October in 2000, 2000, which killed United States Navy sailors, id_~. id. at at ; and and the the attacks on on the the United States on on September 11,2001, 2001, which killed approximately 3,000 people. Id :. Id. passim. 12. The Taliban (students ofislamic knowledge) is is an an Islamic fundamentalist group group that was formed in in Afghanistan in in The Taliban in in Afghanistan, available at at After two two years of of violent conflict that included the capture of of Kabul, Afghanistan's Afghanistan s capital, the the Taliban took took control of of Afghanistan's Afghanistan s national national government govermnent in in /11 Commission Report at at 65. Although it it was never formally recognized by by the the United United States, id ~, id. at 124; at 124, the Taliban the Taliban controlled Afghanistan's Afghanistan s national government from from until until the the United States-led military campaign ousted the Taliban from power in in Id ~. Id. at at During the period in in which the the Taliban controlled Afghanistan's Afghanistan s national government, it it provided safe harbor and support suppoli to al-qaida and Usama bin Laden. Id ~. Id. at at On On September 18, 18, 2001, following the attacks on the United States, Congress enacted the Authorization for for the the Use Use of of Military Force. Force. See See Stat. Stat (2001). (2001). Recognizing that the attacks of September 11,2001 "render it it both necessary and appropriate that that the the United States exercise its rights to self-defense and to to protect United States citizens at at home and abroad," Congress authorized the President "to "to use use all all necessary and and appropriate force force against 4 SECRET//NOFORN

5 Case 1:05-cv RJL Document Filed 11/06/2008 Page 5 of 25 SECRETIfNOFORcT\i those nations, organizations, or persons he determines planned, authorized, committed, or or aided the terrorist attacks that occurred on September 11,2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by by such nations, organizations or persons." Id ~. Id. Within weeks, United States military forces were deployed in Afghanistan. 9/11 Commission Report at The United States led the initial aerial bombing campaign of of Afghanistan with with ground forces composed of United States forces and Afghanistan militia opposed to to the the Taliban, including the Northern Alliance. The Northern Alliance, an an association of of Afghan groups opposed to the Taliban, has assisted the the United States in in its its military campaign in Afghanistan in to to defeat al-qaida and the Taliban. Id ~. Id. at at , In In December 2001, the United States-led military campaign removed the the Taliban from control of Afghanistan's Afghanistan s national govenm1ent. govermnent. Id ~. ld. at at Taliban Taliban and and al-qaida forces, forces, however, have continued to to operate in in Afghanistan and and attack coalition forces. forces. Currently, Cun ently, two two major military operations are are underway in in Afghanistan. First, Operation Enduring Freedom (OEF) is a multinational coalition military operation, led led by by the the United States, initiated in in October 2001 to counter terrorism and bring security to to Afghanistan in in collaboration with Afghan forces. Se ~e See Operation Operation Enduring Enduring Freedom, Fact Fact Sheet Sheet (January 2006), available at at w~vw.state.gov/r/pa!prs/ps/2006/60083.htln. OEF operations led led to to the the collapse of of the the Taliban govenm1ent govenm~ent and helped bring security and stability to to Afghanistan. ld. Id ~. OEF OEF involves involves troops troops from over 20 nations, including about 19,000 United States forces and and about 3,000 non-united States troops. Id ~. Id. Second, Second, the the International Security Assistance Force Force (ISAF) (ISAF) is a is United a United Nations-mandated international coalition operating under the the command of of the the NOlih North Atlantic Treaty Organization (NATO). See International Security Assistance Force, available at 5 SECRETIINOFORN

6 Case 1:05-cv RJL Document Filed 11/06/2008 Page 6 of 25 SECRETIINOFORl\( ISAF was was established in 2002 in 2002 with with the the goal goal of creating of creating conditions for stabilization and reconstruction in Afghanistan. ISAF is is comprised of of approximately 50,000 troops from 40 countries. Id. DETAINEE S DETAINEE'S BACKGROUND Detainee s Detainee's Life in Tunisia 16. ~ Ahmed ~ al-masoudi, a Palestinian, Ahmed al-masoudi, a Palestinian, ~. ISN 174 FD-302 (May 17, ISN 2002); 174 FD-302 ~ (May 17,2002); - He has since changed his his story. He He now claims to be Hisham bin Ali bin Amor Sliti, who who was was bom bona in in in Hamam in Lef, Lef, Tunisia, Tunisia, and and who lived his entire childhood in in Tunisia. ISN 174!74 FD-302 (May 17,2002); ISN ISN FD-302 (June 8,2002). 17. He He was was educated in in Tunisia and studied mechanics for three years, obtaining a a certificate in car repair. repair) 3 When he was seventeen or eighteen years old, he was arrested for for theft and sentenced to five months probation. ISN 174 FD-302 (May 17,2002). 18. The The detainee began his his service in the Tunisian National Guard at at the the age age of of eighteen. Subsequently, in 1988 (when he he was was approximately twenty-two), he he worked worked briefly briefly at at 6 8ECRETIINOFORN

7 Case 1:05-cv RJL Document Filed 11/06/2008 Page 7 of 25 SECRET//NOFOR1\T a printing company. ISN 174 FD-302 (May 17,2002). From 1988 until 1995, he he may have lived in France and Tunisia. ISN 174 FD-302 (May 17,2002); ISN ISN FM40 (April 22, 22, 2005).4 4 Detainee Moved to to Italy ItaLy Where Where He He Had Had ~ 19. In April 1995 the detainee moved to Italy/ to Italy, where 5 where began he began abusing abusing drugs drugs and and selling them. ISN 174 FD-302 (May 17,2002); _ 9009); _ ISN 174 FD-302A FD-o0_A " 9 (July (Jl.lly 10,2002).6 6 ~ _ 20. In 1997 In 1997 the the detainee, who was using a false name, was arrested on on drug-related charges. charges] 7 He was sentenced to three years and eight months incarceration, but but he he served only only eleven months in prison. When he was remanded to to spend one one month at at another institution, he he escaped. ISN 174 FD-302 (May 17,2002). Detainee Moved to Belgium to Belgium with with His _ His ~ Cousin 21. AMEMBASSY TUNIS (June 13, 13, 2002). Two FBI are dated July 10, 2002, even though the interviews actually occurred on 6 Two FBI interviews are dated July 10, 2002, even though the interviews actually occun-ed on July 8 and July Because both interviews are labeled 7/10102, 7/10/02, we we will will refer to to the the interview that occun-ed occurred on July 8 as as FD-302A and the the interview that that occurred on on July July 9 as 9 as FD-302B. 7 He was using the name ~ when he was arrested. ISN FD-302 (May 17, 7 He was using the name when he was arrested. ISN 174 FD-302 (May 17, 2002). 7 SECRET//NOFORN

8 Case 1:05-cv RJL Document Filed 11/06/2008 Page 8 of 25 SECRET//NOFORN 22. ~ who recruited who recruited fighters fighters for the for holy the holy war war in in Afghanistan and was subsequently convicted in Italy as "one of the most dangerous Islamic ten-orists ten orists to to have have set set foot foot in in Italy." Italy." Open Source Center, Milan: Tunisian al-qa'ida al-oa ida Suspects Convicted, Convicted. Sentenced to Four, to Four, Five Five Years (February 23,2002); 2002); Open Source Center, EU Court Prevents Italy Italy from from Expelling Convicted Tunisian 'Fundamentalist' Fundamentalist (June 2,2007) ) he now admits he first lived with his cousin in a garage which his cousin owned. ISN 174 FD- FD- 302 (May (May 17,2002); 2002); ~ He later lived He later with lived his with his cousin [].. ISN 174 FD-302B FD-.~0_B (July 10,2002); Italian wire wire taps taps recorded Sami Sami Essid Essid apparently apparently planning planning attacks attacks involving involving "gas "gas bombs" bombs" and and canisters of"liquid that suffocates people." Open Source Center, Milan: Milan: Tunisian al-qa'ida al-qa ida Suspects Convicted, Convicted. Sentenced to to Four, Five Five Years (February 23, 23, 2002); Open Open Source Center, EU Court Prevents Italy from Expelling Convicted Tunisian 'Fundamentalist' Fundamentalist (June (June 2, 2007). 2, 2007). 8 SECRET//NOFOR~

9 Case 1:05-cv RJL Document Filed 11/06/2008 Page 9 of 25 8ECRETIINOFORN DETAINEE MOVED MOVED TO AFGHANISTAN TO AFGHANISTAN WITH THE HELP WITH THE HELP ~ 25., he admits now that it it was his cousin, who provided -the motivation. ISN 174 FD-302 (June 8, 8, 2002); 2002); ~~. ~ Declaration of of~ on on Counter-interrogation Doctrine and and Practice. The detainee, who claims he was a heroin addict, maintains that that his his primary motivation for for moving to Afghanistanthe land of the poppy that is is the source of of heroin - was - was to to end end his his drug drug habit. habit. ISN ISN FD (June 8, 2002); to Cousin" ~ introduced the detainee to to a Moroccan a named named _. ~. ISN 174 FD- 302 (May 17,2002) ).l _II has also asserted in an FBI that he went to to study the Islamic faith. 9 He has also asselied in an FBI interview that he went to Afghanistan to study the Islamic faith. When asked why he he chose Afghanistan, he he answered, "[b [b]ecause the the government of Saudi of Saudi Arabia is is made up up of of dogs." ISN 174 LHM (September 17,2008). 2008). Although the the date date of the of the LHM is S September 17, 2008, the actual FBI interview occurred on on April. 3,2007. Id. Id SECRETIINOFOR.~

10 Case 1:05-cv RJL Document Filed 11/06/2008 Page 10 of 25 8E(;RETIINOFOR~ 12[ ~ he now claims he he left now Belgium claims he left to Belgium go there to go in there May in May ISN 174 FD- 302 (May 17, 2002). _ ~ drove drove the the detainee to to Paris so so that he he could board the Eurostar train to London. ISN 174 FD-302 (May 17,2002); ISN 174 FD-302 (June 8, 8, 2002); ISN ISN FD- FD- 302B (July 10, 2002) ).13 ~,~4 ISN 174 FD-302 (June 8, 8, 2002); [] 29. On On May May 5, 2000, 5, 2000, the the detainee traveled to to London on the Eurostar train. IS ~5 ISN ISN FD-302 (June (June 6, 2002); 6, 2002); ISN 174 ISN FD-302B 174 FD-302B (July 10, 2002); (July 10, 2002); ~. When the detainee arrived arrived in London, in he London, went to his _ he went house, to where his ~ his house, where his ~ 12 ~-~ In a In subsequent a interview, interview, the detainee the denied detainee knowing denied anyone kaaowing called anyone called that ~ that had assisted him obtaining a a passpoli passport and airline tickets. ISN 174 FM40 (February 24, 24, 2004). ~3 The detainee traveled by car to France, rather than take a flight from Belgium, to avoid 13 The detainee traveled by car to France, rather than take a flight from Belgium, to avoid scrutiny of his forged Belgian passport by by Belgian authorities. ISN 174 FD-302B FD-~0_B " 9 (July (July 10, 10, 2002). 14 In Arabic, a a kunya is UU\.HU'VU",U traditionally an honorific title such as as Abu Abu Ibrahim, Ibrahim, which means which father means of Ibrahim. father of Declaration Ibrahim. of Declaration of~ _ ~ on Names, on Names, Aliases, Aliases, Kunyas, Kunyas, and and Variants. However, insurgents, radicals, and and terrorists commonly use kunyas, without regard to its honorific meaning, as assumed names or or pseudonyms to conceal their identity.. Id ~. Id SECRET//NOFOR~

11 Case 1:05-cv RJL Document Filed 11/06/2008 Page 11 of 25 SECRETIINOFORl\I. ~. ISN ISN FD-~0_ FD-302 " 9 (June 8, 2002); Sheik Qatada is a radical Islamic preacher, recently released on on bail in the United Kingdom, who has has been described by by one one judge judge in England in as a as "truly a "truly dangerous individual at at the the centre of of al al Qaeda's Qaeda s activities in the in the UK." UK." Open Open Source Source Center, Center, UK: UK: Radical Islamist Preacher Abu Qatada Released From Prison (June 17, 2008) ~ DETAINEE ASSOCIATED WITH WITH ~ AT AT THE TUNISIAN GUESTHOUSE 32.,v In another interview, the detainee said that ~ gave him 590 ($800) 17 In another interview, the detainee said that _ gave him 590 pounds sterling ($800) and suggested he he go go to to Afghanistan to to get get away away from from drugs. drugs. ISN ISN FD-302 (May (May 17,2002). 2002) In In another interview, the detainee the detainee claimed claimed _ ~ met him in Peshawar. ISN 174 FD-302 (June 88, 2002) SECRETIINOFORl\I

12 Case 1:05-cv RJL Document Filed 11/06/2008 Page 12 of 25 SECRETllNOFORl\I 33. Jalalabad lalalabad was located just a few miles from the the Derunta terrorist training camp. Declaration of of The detainee lived - rent free - at the Tunisian guesthouse, ISN 174 FD-302 (June 8, 8, 2002); [] 34. ~ The detainee s cousin The detainee's cousin _ bring money ~. ISN 174 FD-302A (July ISN 10, );~ FD-302A ~ (July 10, 2002); SECRETlINOFORN

13 Case 1:05-cv RJL Document Filed 11/06/2008 Page 13 of 25 SECRETIINOFORN ~ ISN 174 FM40 (February 24, 2004); 37. married cousin _ ~ thirteen thirteen year-old daughter. ISN ISN 174 FM40 (February 24, 2004); Ir.I ~; _; Brussels Brussels Le Soir, Le Belgian Soir, Belgian Court Court Hears Hears Testimony of of Suspected Terrorist Sliti's Sliti s S Spouse o_sp_r.o~ (February 28-29,2004). 2004).,., ~,2~ The The detainee detainee said he said lived he at the lived guesthouse at the with guesthouse with... ISN 174 FD-302 (June 8, 2002) SECRETIINOFORN

14 Case 1:05-cv RJL Document Filed 11/06/2008 Page 14 of 25 8ECRET//NOFORN DETAINEE DETAINEE WAS A _~3 A State Department cable indicates that the TCG had been created in STATE (2002). 14 8ECRET//NOFOR~

15 Case 1:05-cv RJL Document Filed 11/06/2008 Page 15 of 25 SECRET/INOFOR~ 42. The TCG, as a loosely organized group, also actively suppolied supported the international Islamic extremist movement and and had had close lirtks links to terrorist groups linked with al-qaida. STATE (2002); U.S. Department Departmem of of Homeland Security, Terrorist Organization Reference Guide (January 2004). 43. In In 2000, the leaders of the TCG met with the leaders of the Islamic Army for for the the Liberation of the Holy Sites and leaders of other extremist groups to declare jihad j against the West and pro-western Arab regimes, to suppoli support bin Laden, to to "liberate Palestine from fi om the the Zionists," and to plan attacks in in NOlih North Africa. Aft lea. Because the the United States believed that that the the TCG TCG posed a significant threat of committing acts of terrorism that would threaten the the security of of the the United States, STATE (2002), the United States sought and and obtained the the group's group s designation for sanctions by the United Nations under UNSCR 1333 in in December STATE (2002); U.S. Department of Homeland Security Terrorist Organization Reference Guide (January 2004). 44. Also, Also, the the TCG TCG has has been named by the President as a a Specially Designated Global Global Terrorist pursuant to the International Emergency Economic Powers Act Act (IEEPA), U.S.c. U.S.C et seck. ~ See Exec. Order 13224, 66 Fed. Reg , (Sept. 23,2001); 2001); see also 66 Fed. Reg , (Oct. 26, 2001). This Executive Order provides authority for the designation and blocking of of assets of of celiain certain listed organizations and and individuals (supplemented by later designations) who have committed or or pose a a significant risk of of committing celiain certain terrorist acts. Exec. Order 13224,66 Fed. Reg. at at Among other things, designation 24 the Tunisian Combat Group, the Jama a Combattante Tunisien (JCT), and the Groupe Combatant Tunisien. STATE (2002) SECRETIINOFOR..~

16 Case 1:05-cv RJL Document Filed 11/06/2008 Page 16 of 25 SECRET//NOFOR..""l" blocks United States assets of of the the organization or or group group and and prohibits prohibits any any United United States States person person or person within the United States from from dealing dealing with with the organization the or conducting or conducting transactions transactions involving blocked assets. See See U.S.C. U.S.C On On October 10,2002, 2002, the the President designated the TCG TCO as one of of the the organizations linked linked to tenorism, to ten-orism, defined defined as an as activity an activity that "involves that "involves a a violent act or an act dangerous to to human life, life, property, or infrastructure[,] or and and appears appears to be to be intended to (A) intimidate or or coerce a civilian a civilian population, (B) influence (B) influence the policy the policy of a of a government by intimidate or or coercion, or or (C) (C) affect affect the the conduct conduct of a of government a government by mass by mass destruction, assassination, kidnapping or or hostage-taking." Id. Id. 3(d), 3(d), 66 Fed. 66 Fed. Reg. Reg. at at As As of October 2008, the the TCO TCG remains on on this this designation list. list. See See ~ prominent al-qaida leaders such as Dr. Aymanprominent al-qaida leaders such as Dr. Ayman al-zawahiri ~. 9/11 Commission Report at ; Commission ~ Report at 438; ~, also l~aown as also ~, lmown the son-in-law as of cousin ~ the son-in-law of cousin _ ISN 174 FM40 (February 24, 24, 2004); 2004); ~~ SECRET//NOFORN

17 Case 1:05-cv RJL Document Filed 11/06/2008 Page 17 of 25 8ECRETlINOFORl\l The The TCG TCO had had cells in in France, Italy, Belgium, the United Kingdom, the the Netherlands, and Luxembourg. STATE Maaroufi was ~ I convicted of providing forged forged passports passports to _ to ~ assassins I murdered the Northern Alliance Alliance commander commander Massoud on Massoud September on 9, September , ~ ~; AMEMBASSY BRUSSELS (September AMEMBASSY 30, 2003). BRUSSELS (September 30, 2003). (OIA), (GIA), which the United States Department of of State has has designated as as a Foreign a Terrorist Organization. U.S. U.S. Department of State, Designation of Foreign Terrorist Organizations, Fact Sheet (April 8, 8, 2008), available at at wvvw.state.gov/s/ct/r/s/fs/081l It It is is a a criminal act for a person subject to the jurisdiction of of the United States to to provide material support to to the the OIA. GIA U.S.C. 2339B. 17 8ECRETlINOFORl\l

18 Case 1:05-cv RJL Document Filed 11/06/2008 Page 18 of 25 SECRETIINOFORN 53. Sami Essid, the jihad recruiter and Islamic militant, Open Source Center, Milan: Milan: Tunisian al-qa ida al-qa'ida Suspects Convicted, Sentenced to to Four, Five Five Years (February 23, 23, 2002); Open Source Center, EU Court Prevents Italy from Expelling Convicted Tunisian Fundamentalist 'Fundamentalist' (June 2, 2, 2007), 54. DETAINEE Bases for Factual Assessment That 55.. ~ SECRETI/NOFOR~

19 Case 1:05-cv RJL Document Filed 11/06/2008 Page 19 of 25 SECRETllNOFOR1\l ~ Derunta _ training Derunta camp training was camp located was located only only a few a few miles from lalalabad Jalalabad ~ Declaration of~ on Training Declaration Camps; of ~ on Training Camps; "going "going to to the fish market" ~ ISN 174 FD-302B ISN 174 FD-302B (July (July 10, 10, 2002); Brussels Le Soir, Belgian Court Hears Testimony of of Suspected Terrorist Sliti's Sliti s Spouse (February 28-29, 28-29, 2004). 62. An An Algerian named ~ - who lived briefly with - who lived briefly with the detainee, worked at at gun repair shop, and and whom the the detainee suspected of of attending the the camp camp ~ ISN 174 FD-302B (July ISN 10, ); FD-302B (July 10, 2002); 19 SECRETI/NOFOR~

20 Case 1:05-cv RJL Document Filed 11/06/2008 Page 20 of 25 SECRETlINOFOR~ The Derunta Training Camp 63. The Derunta training complex outside of of Jalalabad comprised advanced teltorist terrorist training camps that offered training in in various explosives, poisons, and and chemical chemical warfare agents. warfare Abu agents. Khabab, Abu Khabab,... Declaration of ~ on Training on Camps. Training Camps. Declaration of of~ on Training Camps; _ ~ Declaration Declaration of ~ Training of Camps. on Training Camps. DETAINEE ARRESTED WITH PASSPORT AND 64. In In October 2000, five months after he altived an ived in in Afghanistan, the the detainee was was altested an ested at at Islamabad airport in Pakistan, in ~, because his ~ because his _ passpoli, passport, ~, raised suspicions. raised ISN suspicions. 174 FD-302 ISN 174 FD-302 (June (June 8, 8, 2002); 1 20 SECRETlINOFORN

21 Case 1:05-cv RJL Document Filed 11/06/2008 Page 21 of 25 SECRETIINOFORN the detainee escaped (with no passport), fled fled back back to the to the Tunisian Tunisian guesthouse guesthouse in Afghanistan, in Afghanistan, and reunited and with_ reunited with ~ 1_ ~ ISN 174 FD-302 ISN (May 174 FD , 2002); (May 17,2002); ISN 174 ISN FD-_~0_ 174 FD-302 ~ ") (June 8,2002); DETAINEE LIVED LIVED IN A IN _ A ~ MOSQUE IN AFGHANISTAN 65. ~ Abdullah Azzam mosque where the detainee Abdullah began Azzam tomosque where the detainee began to live. ISN ISN FD-302 FD-302 (June 30, 2002); (June 30, 2002); ~ 66. Abdullah Azzam, for whom the mosque is is named, founded al-qaida with with Usama Usama bin Laden in in approximately He He was was killed killed later later that that year year in a car in a bomb. car bomb Commission 9/11 Report at The mosque was was built built and paid and for paid by for a Tunisian by a Tunisian known as known _ as ~ and and also also kmown known as as ~. ISN 1 FD-302 ISN. (January FD-302 (January 29, 2002); 29, 2002); ISN ISN FD-302 (June 30, 30, 2002); ISN 174 FD-302B (July (July 10, 10, 2002); 2002); ~ ~ _ was a was wealthy a wealthy former fonner soccer soccer player player ~ and trained at and trained at the Derunta camp. ISN. / FD-302 (January 29, 29, 2002); ISN ISN FD-302 FD-302 (June (June 30, 2002); 30, 2002); ~ 1 ~ He was arrested He was in arrested Belgium in Belgium two days two days after after September 11, 11,2001 upon suspicion that he was plmming planning to to conduct an an attack against the the American Embassy in France. in France. 21 8ECRETlINOFORN

22 Case 1:05-cv RJL Document Filed 11/06/2008 Page 22 of 25 SECRETlINOFOR1\t AMEMBASSY BRUSSELS (September 30, 30, 2003) the U.S. military personnel at the at the Kleine Kleine Brogel Brogel airbase airbase in Belgium in Belgium were his were actual his target. actual _ target. ~ ~; _ ; AMEMBASSY BRUSSELS (September 30, 2003). He was sentenced to ten years in prison in in Belgium for this for plot this against plot U.S. against military U.S. assets lnilitmt and personnel. assets and personnel. ~; AMEMBASSY BRUSSELS (September 30, 30, 2003); AMEMBASSY BRUSSELS (June (June 9, 2004). 9, 2004). 68. The detainee admits knowing kmowing _ ~ as as they were both members of of the the Abdullah Azzam mosque. ISN 174 FD-302 (June 30, 2002); OTHER TUNISIANS ASSOCIATED WITH WITH THE THE DETAINEE ARE ARE KNOWN KNOWN TO HAVE TO HAVE _ ~ United United States ~ in December in 2001 December in 2001 the Tora in the Tora Bora mountains, 22 SECRETlINOFOR1\t

23 Case 1:05-cv RJL Document Filed 11/06/2008 Page 23 of 25 SECRETIlNOFOR1\t Declaration of of~ on T Tora Bora; Bora; ~; 9/ Commission Report Report at 338; at 338; ~ ~ 72. As for the subject detainee, he he has has acknowledged that that he was he was in Afghanistan in to to help support its its people against against the American the American invasion invasion of their of country.30 their country. ISN FM40 ISN 174 (March FM40 (March 11,2005). DETAINEE CAPTURED TRYING TO FLEE AFGHANISTAN 73. In In December 2001, the detainee was captured while trying to flee Afghanistan during the Coalition s war against the Taliban. ISN 174 FD-302 (May 17, 2002); ~ during the Coalition's war against the Taliban. ISN 174 FD-302 (May 17,2002); /11 Comlnission Commission Report at at 338; - (ISN a Yemeni who admits to resupplying the Taliban fromlines during its fight with the Northern Alliance, told interviewers imerviewers that that that that he he had had met met a a person named in Afghanistan, who was a reformed European drug dealer. He did not believe that was associated with al-qaida or any charities that support terrorism. ISN. [] FD-302 (November (November 1,2002); 1, 2002); ~ Although Although the the detainee may have used the alias Hamza and he does claim to have been a drug dealer in Europe, ISN 174 FD- 302 (July 10, 2002), it it is is not clear whether ISN ~~ was referring to to the detainee. 23 SECRETl/NOFORN

24 Case 1:05-cv RJL Document Filed 11/06/2008 Page 24 of 25 SECRETIINOF9RN DETAINEE HAS BEEN 74. AMEMBASSY TUNIS (June 22, 22, 2007). 75. _ ~ Belgium Belgium convicted convicted the the detainee ill in abstentia abslenlia of criminal offenses, in in the the absence at that time of terrorism-specific legislation, for his direct or indirect ties to one or both of the principal defendants - - Nizar Trabelsi and and Tarek Maaroufi - in - in a trial a trial involving twentythree defendants. Trabelsi was accused of of plotting to to kill kill u.s. U.S. military lnilitary personnel at an at an airbase airbase in in Belgium; Maaroufi was accused of of providing the the fraudulent Belgian passpolis passports to to the the two two assassins who murdered the NOlihern Northern Alliance leader Massoud on on September 9, 9, 200l Trabelsi and Maaroufi were convicted and sentenced to to ten ten years and and six six years respectively. AMEMBASSY BRUSSELS (September 30, 30, 2003). Despite the the fact fact that that the the lead lead Belgian investigator on the detainee's detainee s case found no no evidence that that the the detainee had had committed a terrorist a act, FM40 (August 16, 2006), the detainee was convicted and and a sentence a of of four four years years was twenty- was 24 SECRET//NOFORl\I

25 Case 1:05-cv RJL Document Filed 11/06/2008 Page 25 of 25 8ECRETlINOFORN imposed. His ~ was also was convicted also convicted and and a a sentence of five years was was imposed. imposed. AMEMBASSY BRUSSELS (September 30, 30, 2003). DETAINEE S CONTINUING THREAT TO THE UNITED STATES ~ In a 2007 interview In a 2007 with interview the FBI, with the FBI, called he called the the government of the of the United States criminal and and wished an an unpleasant and and untimely untimely death death upon upon President President Bush. Bush. ISN ISN 174 LHM (September 17, 2008). CONCLUSION 78. The detainee is lawfully is lawfully subject to subject detention to because detention he was because a he was a ~ ~ that posed a significant that posed a threat significant to threat the to the national security of of the the United United States. States He He traveled traveled to Afghanistan to Afghanistan with the help with of the help of ~ He He lived lived in a house. in a house [] He lie associated with r.i. ~. He ~ He with _ ~. ~ with r.i. _ And continuing tin-eat threat to the United States. 25 8ECRETlINOFOR~