Sharif Fati Ali Al Mishad

Sharif Fati Ali Al Mishad also known as Sherif el Mashad is a citizen of Egypt who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 190. Joint Task Force Guantanamo analysts report he was born on December 14, 1976, in Shibin El Kom, Egypt.

Sharif Fathi Ali Al-Mashad
Born (1976-12-14) December 14, 1976
Shibin El Kom, Egypt
Arrested2001-11
Pakistan
Pakistani border guards
Released2012-02-25
Albania
CitizenshipEgypt
Detained at Kandahar, Guantanamo
ISN190
Charge(s)no charge extrajudicial detention
Statustransferred to Albania
OccupationBuilding contractor

Life prior to his capture

According to Andy Worthington, the author of The Guantanamo Files, Mashad was a businessman, who had made his home in Italy, who had travelled to Afghanistan solely to provide humanitarian aid.[2][3] He had been a talented athlete and craftsman. He worked at Beach resorts in Sinai for three years, after graduating from technical school, then went to live in Italy with an uncle who was an Italian citizen. After working in construction in Italy he started his own successful construction firm

Afghanistan and capture and interrogation

Worthington describes Mashad agreeing to travel to Afghanistan to work with a Kuwaiti businessman and philanthropist.[2] According to Worthington Mushad would later describe this decision as a combination charitable exercise and business networking opportunity -- "like attending a fundraising gala".

Mashad arrived in Afghanistan, in mid-2001, in spite of his mother's reservations, according to Worthington.[2] He was trapped in Afghanistan after the Afghan-Iranian border closed following the US counter-attacks. He was able to cross the border with Pakistan, in November 2001, but was promptly apprehended by a Pakistani border patrol.

Worthington attributed his continued detention by US forces to "patently false" denunciations from other captives.[2] He offered the example of a denunciation from one of the Guantanamo captives who passed right from being a Taliban prison to US custody. This captive claimed Mashad had been one of his torturers, in 2000. Worthington repeated how Mashad had insisted to his interrogators that he was living in Italy in 2000 as his documents clearly established.

Another allegation that Mashad thought he could refute was that he had been aiding Arabs in Bosnia, in 1991, when that country was breaking away from Yugoslavia.[2] At that time Mashad pointed out he was a fourteen-year-old schoolboy in Egypt.

Sharif Fathim Al Mushad v. George Walker Bush

A writ of habeas corpus was submitted on Sharif Fathim Al Mushad's behalf.[4] In response, on 16 August 2005 the Department of Defense released 17 pages of unclassified documents related to his Combatant Status Review Tribunal.

On December 15, 2004 Tribunal panel 25 confirmed that he was an "enemy combatant".[4]

According to Worthington even though his habeas petition had been filed in 2005 he didn't meet with Cori Crider, of Reprieve until 2008.[2]

OARDEC status reviews

In its 2004 ruling in Rasul v. Bush the United States Supreme Court order the Department of Defense to conduct hearings where the captives could learn why they were being held, and where they could try to refute those allegations. Records from the 2004, 2005, 2005 and 2007 hearings were published due to Freedom of Information Act requests.[5][6][7][8][9]

Recommendation for Continued Detention Under DoD Control

In April 2010 the whistleblower organization WikiLeaks published a Recommendation for Continued Detention Under DoD Control, dated September 15, 2008.[10] This eight page formerly secret document was signed by camp commandant David M Thomas, and recommended continued detention.

Transfer from Guantanamo

Sharif Fati Ali al Mishad was transferred to Albania in February 2010 after he spent almost eight years in the Guantanamo camps.[2] [11][12]

In March 2012 Albania refused to let Mashad return to his home Egypt.[13] Following the overthrow of the Hosni Mubarak regime former Egyptian captives who feared reprisal and who were thus sent to third countries, have been assured it is now safe for them to return to Egypt. Albanian officials have not explained why they will not allow him to leave. His Albanian born wife is also prevented from leaving the country, even though she has a valid visa for Egypt.[14]

References
  1. "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. 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
  2. Andy Worthington (2010-02-25). "Four prisoners freed from Guantánamo: three in Albania, one in Spain". Retrieved 2012-03-26. Of the three men rehous ed in Albania, for example, one was a businessman, living in Europe, who had traveled to Afghanistan to provide humanitarian aid...
  3. Andy Worthington. "The Guantánamo Files: Website Extras (6) – Escape to Pakistan (Uyghurs and others)". Retrieved 2012-03-26.
  4. "Sharif Fathim Al Mushad v. George Walker Bush" (PDF). United States Department of Defense. 2005-08-16. pp. 46–62. Archived from the original (PDF) on 2007-12-11. Retrieved 2007-12-09.
  5. "Sharif Fathim Al Mushad v. George Walker Bush" (PDF). United States Department of Defense. 2005-08-16. pp. 46–62. Archived from the original (PDF) on 2007-12-11. Retrieved 2007-12-12.
  6. OARDEC (August 8, 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Al Mishad, Sharif Fata Ali" (PDF). United States Department of Defense. pp. 99–100. Archived from the original (PDF) on May 7, 2008. Retrieved 2007-10-06.
  7. OARDEC (2005-10-05). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mishad, Sharif Fata Ali" (PDF). United States Department of Defense. pp. 25–27. Archived from the original (PDF) on 2008-07-16. Retrieved 2007-10-06.
  8. OARDEC (2006-09-13). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mushad, Sharif Fathim" (PDF). United States Department of Defense. pp. 84–87. Archived from the original (PDF) on 2008-05-07. Retrieved 2007-12-12.
  9. OARDEC (2006-10-05). "Unclassified Summary of Evidence for Administrative Review Board in the case of Al-Mishad, Sharif Fathim". United States Department of Defense. Retrieved 2012-03-26.
  10. David M. Thomas (2008-09-15). "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9EG-000190DP (S)" (PDF). JTF-GTMO. Archived from the original (PDF) on 2013-05-26. Retrieved 2012-03-26. Media related to File:ISN 00190, Sharif Fatham al-Mishad's Guantanamo detainee assessment.pdf at Wikimedia Commons
  11. Margot Williams (2008-11-08). "Guantanamo Docket: Sharif Fati Ali al Mishad". New York Times.
  12. "US transfers Guantanamo detainees: Three sent to Albania and one to Spain as 188 inmates remain a month after jail was to close". Al Jazeera. 2010-02-25. Retrieved 2012-03-26. Three detainees, originally from North Africa, were sent to Albania. They were identified as Saleh Bin Hadi Asasi, originally from Tunisia, Sharif Fati Ali al Mishad, an Egyptian national and Abdul Rauf Omar Mohammad Abu al Qusin from Libya.
  13. Katerina Nikolas (2012-03-24). "Albania refuses ex-Guantanamo Egyptian right to return home". Digital Journal. Retrieved 2012-03-26. Albania's Interior Minister has failed to explain why they are refusing el Mashad the right to leave and return to his family in Egypt. The Albanian authorities have also prevented his Albanian born wife from leaving the country.
  14. "Albania Blocking Ex-Guantanamo Prisoner's Return Home". Balkan Insight. 2012-03-23. Retrieved 2012-03-26. Reprieve's "Life After Guantanamo" caseworker, Katie Taylor, said that by denying Almeshad's right to freedom of movement, the government in Tirana was breaking Albanian and international law.
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