Revision as of 01:43, 12 December 2007 editGeo Swan (talk | contribs)Autopatrolled, Extended confirmed users, Pending changes reviewers112,843 edits replace "persian" with "farsi" to correspond to what the references actually said -- see talk← Previous edit | Revision as of 04:07, 12 December 2007 edit undoTahmasp (talk | contribs)735 editsNo edit summaryNext edit → | ||
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====Translation problems==== | ====Translation problems==== | ||
The Board adjourned because he had originally been provided with a ] translator, and his native language was ]. It reconvened when a |
The Board adjourned because he had originally been provided with a ] translator, and his native language was ]. It reconvened when a Persian translator was found. | ||
====Enemy Combatant Election Form==== | ====Enemy Combatant Election Form==== | ||
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Captive 556's ] met with him on ] ], for | Captive 556's ] met with him on ] ], for | ||
one hour, to help prepare for his Administrative Review Board. Although his native language was Uzbek his copy of the unclassified | one hour, to help prepare for his Administrative Review Board. Although his native language was Uzbek his copy of the unclassified | ||
documents to be presented to the Board had been translated into the ]. | documents to be presented to the Board had been translated into the ]. | ||
The translator attending his Board was also a |
The translator attending his Board was also a Persian translator. After stating, several times, that he would prefer a translator in | ||
his native language, but that he would try to make do with a |
his native language, but that he would try to make do with a Persian translator, his Board recessed so that a Uzbek translator could attend. | ||
His Assisting Military Officer, and an Uzbek translator, met with Captive 556 on ] ], for forty-five minutes. | His Assisting Military Officer, and an Uzbek translator, met with Captive 556 on ] ], for forty-five minutes. | ||
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Well at some point when you are in the interrogation with the interrogator, tells you that you did and if it's not true of cource I'm going to reply defens. If there is a purpose to actually break the conversation and say something as then as what it was at that time. | Well at some point when you are in the interrogation with the interrogator, tells you that you did and if it's not true of cource I'm going to reply defens. If there is a purpose to actually break the conversation and say something as then as what it was at that time. | ||
|} | |} | ||
*Captive 556 responded to the allegation that he "manipulates interrogations by using linguistic differences as his excuse" by pointing out that it was routine for his interrogators to bring interrogators who did not speak his native language. His interrogators had brought ] translators, ] translators, and ] translators. The only time he interrupted was when he didn't understand what was being said to him. | *Captive 556 responded to the allegation that he "manipulates interrogations by using linguistic differences as his excuse" by pointing out that it was routine for his interrogators to bring interrogators who did not speak his native language. His interrogators had brought ] translators, ] translators, and ] translators. The only time he interrupted was when he didn't understand what was being said to him. | ||
*Captive 556 confirmed he was captured with his own forged ID documents, and confirmed he had been told that he was told, later, other documents were captured at the same time he was. | *Captive 556 confirmed he was captured with his own forged ID documents, and confirmed he had been told that he was told, later, other documents were captured at the same time he was. | ||
*Captive 556 responded to the allegation that a CDROM containing explosives manuals was found during the raid of the safehouse where he was arrested by saying he had no knowledge of the CDROM. | *Captive 556 responded to the allegation that a CDROM containing explosives manuals was found during the raid of the safehouse where he was arrested by saying he had no knowledge of the CDROM. | ||
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====Response to Board questions==== | ====Response to Board questions==== | ||
*Captive 556 told his Board that he and Musa conversed using a little bit of |
*Captive 556 told his Board that he and Musa conversed using a little bit of Persian and a little bit of Turkish, and the occasional word of Arabic. He tried to speak English with Musa because he didn't understand English. | ||
*When he was asked if Musa spoke English Captive 556 confirmed that he heard him use a little bit of English when they were in jail in Pakistan. | *When he was asked if Musa spoke English Captive 556 confirmed that he heard him use a little bit of English when they were in jail in Pakistan. | ||
*When he was asked if explosives were found in Musa's house he confirmed that his interrogators told him that explosives were found there, but he never saw any. | *When he was asked if explosives were found in Musa's house he confirmed that his interrogators told him that explosives were found there, but he never saw any. | ||
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*Captive 556 disputed that he had learned how to handle explosives while fighting the Russians. He had no education at that time. He knew handling explosives was dangerous, and he was happy to leave it to experts. | *Captive 556 disputed that he had learned how to handle explosives while fighting the Russians. He had no education at that time. He knew handling explosives was dangerous, and he was happy to leave it to experts. | ||
*Captive 556 confirmed he was not a member of al Qaida. | *Captive 556 confirmed he was not a member of al Qaida. | ||
*Captive 556 confirmed he was basically illiterate, but he had learned to read and write Arabic, a little bit, when he studied at a madrassa. He had also picked up a little bit of |
*Captive 556 confirmed he was basically illiterate, but he had learned to read and write Arabic, a little bit, when he studied at a madrassa. He had also picked up a little bit of Persian. | ||
*Captive 556 never met anyone at Musa's house, except his wife, their children, and Musa's sister and her children. | *Captive 556 never met anyone at Musa's house, except his wife, their children, and Musa's sister and her children. | ||
*Captive 556 said Musa's feet had been wounded while fighting in Afghanistan. He believed this was in 93 or 94, after the ouster of Soviets. Captive 556 said Musa told him his feet were wounded during the period of the ] {{sic}} government {{sic}}. | *Captive 556 said Musa's feet had been wounded while fighting in Afghanistan. He believed this was in 93 or 94, after the ouster of Soviets. Captive 556 said Musa told him his feet were wounded during the period of the ] {{sic}} government {{sic}}. | ||
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*Captive 556's ] asked what languages he spoke. He responded: | *Captive 556's ] asked what languages he spoke. He responded: | ||
{{quotation| | {{quotation| | ||
Like I said previously, I never attended school but, when I was in the madrassa, I learned a little bit of |
Like I said previously, I never attended school but, when I was in the madrassa, I learned a little bit of Persian and Arabic. | ||
While I was here, I learned a little bit Uzbek from the Uzbek brothers. | While I was here, I learned a little bit Uzbek from the Uzbek brothers. | ||
Prior to this, I didn't know how to read. | Prior to this, I didn't know how to read. |
Revision as of 04:07, 12 December 2007
This article's lead section may be too short to adequately summarize the key points. Please consider expanding the lead to provide an accessible overview of all important aspects of the article. |
Abdullah Mohammad Khan is a name of captive held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba who Joint Task Force Guantanamo counter-terrorism analysts believed, in May 2006, was a citizen of Uzbekistan. His detainee ID number is 556. American intelligence analysts estimate that he was born in 1972, in Faryab, Afghanistan.
He was captured carrying a forged passport, and, as of September 2006, JTF-GTMO analysts remained unsure of his true identity.
He stands accused of participating in the Battle of Tora Bora during the first period when he was in Pakistani custody.
Identity
- Captive 556 is named Abdullah Mohammad Khan on the official lists released on April 20 2006 and May 15 2006, and on six other official lists released in early September 2007.
- Captive 556 is named Abdulla (first name unknown) on the Summary of Evidence memo prepared for captive 556's second annual Administrative Review Board, on 10 September 2006.
- The Summary of Evidence memo prepared for captive 556's first annual Administrative Review Board hearing asserted that the forged passport he was carrying when he was captured was in the name of Abdul Latif al Turki.
- The Summary of Evidence memo prepared for captive 556's second annual Administrative Review Board hearing asserted that the forged passport he was carrying when he was captured was in the name of Ali Uzdamir and had merely been forged by Abdul Latif al Turki.
Combatant Status Review Tribunal
The neutrality of this section is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until conditions to do so are met. (December 2007) (Learn how and when to remove this message) |
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Summary of Evidence memo
A Summary of Evidence memo was prepared for Abdullah Mohammed Khan's Combatant Status Review Tribunal, on 5 November 2004. The memo listed the following allegations against him:
- The detainee is associated with the Taliban and al Qaida:
- When arrested by Pakistani authorities, the detainee had a falsified Turkish passport that he had purchased from a Turk.
- The detainee attended a "physical fitness " camp in Jalalabad, Afghanistan for six months.
- The detainee was at the Khana Gulam Bacha guesthouse on the Taliban front lines in Kabul, Afghanistan in late 1999 and early 2000.
- The detainee stated he had a Jamiat Al Islamiya [sic] identification card.
- Jamiat Al Islamiya is designated as a non-governmental organization that supports terrorist activities.
- The Detainee was arrested in Islamabad, Pakistan by Pakistani authorities while living in a house used by Arabs, and was later turned over to U.S. custody.
Transcript
Khan chose to participate in his Combatant Status Review Tribunal.
Discussion of the classified allegations
Captive 556 expressed concern about the allegations against him contained in classified documents.
Tribunal President: |
We understand; later in this Tribtmal we will have that opportunity. Do you have any questions concerning the Tribunal process? |
Detainee: |
My only concern is when you are talking about the classified documents, because I don't understand what you could possibly have against me. |
Tribunal President: |
It might be helpful if I give you a definition of a classified document. |
Detainee: |
I understand the definition, but I'm just wondering if and how you're going to use those materials to place charges against me. |
Tribunal President: |
The Unclassified Summary of Evidence you've been read is based on a number of things. Some of that information may be classified; and as you know, the classified definition means information we cannot release to you, because it may damage our country. If you remember the promise we took of what we would do here today; we have not seen any of your information. We promise to review everything that is given to us, and consider your classification as an enemy combatant. Recognize that this is not a criminal or court proceeding; this is an administrative review to determine if the government has properly classified you as an enemy combatant. The members here are not intelligence officers or security officers ; we are not combat, fighters or intelligence officers, so we are independent in reviewing all this information to determine if the classification was done properly. I know you may be a little concerned about the classified information and what it contains. Your Personal Representative has access to the classified information. |
Detainee: |
But he (Personal Representative) didn't see it yet? |
Tribunal President: |
The Personal Representative has seen the classified information; later, in a closed session, we may be provided classified information. The Personal Representative's responsibility is to identify to the Tribunal any information in that classified information that would show that you have not been classified properly... |
Witness requests
Captive 556's transcript records that he requested two witnesses. His Tribunal President ruled that those witnesses were "relevant". His President told him that a request was made to the Pakistani government, on or about November 24 2004, asking for their assistance in locating those witnesses. When no reply was received from the Pakistani government his President ruled those witnesses "not reasonably available".
Further information: witnesses requested by Guantanamo captivesResponse to the allegations
- Captive 556 explained that he acquired the forged identity documents that triggered suspicion due to Afghanistan's decades long civil war He and his family were living, as refugees, in Pakistan. He testified that the Pakistani government didn't provide meaningful support to Afghan refugees, so, in order to get a job to support his family, he needed to find work. He testified that a friend named Masoud, who had identified himself as a Turk, who had come to Pakistan for medical treatment, offered to help him get forged identity papers that he could use to work in Turkey. He chose Turkey because the Turkish language and the Uzbek language, his native language are similar enough he could make himself understood.
- Captive 556 clarified that the "physical fitness camp" referred to in the allegations was just an ordinary gym were he went for exercise in the late 1990s.
- Captive 556 denied ever hearing of the Khana Gulam Bacha guesthouse. He denied he was ever associated with the Taliban. Further, none of his interrogators ever asked him any questions related to this allegation. He acknowledged that he had once stayed in a Kabul guesthouse, when traveling to Mazari Sharif. Traveling at night in Afghanistan was extremely dangerous, so it was essential to stop. He only stayed there overnight, one single night.
- Captive 556 explained that the Jamiat Al Islamiya ID card was a forged Islamic university ID card. His forger had told him that it would be suspicious to have just a single piece of identification, and having the University ID card would make his forged passport more credible. He never actually attended this University.
- Captive 556 testified he had been rounded up in a general round up of foreigners in Pakistan prior to Ramadan in 2001. He was held for 28 days, but released because Pakistani and American interrogators believed his account of himself. Afgter his release he sought out his friend Masoud, to complete his acquisition of the documents that would allow him to work in Turkey. He and Masoud, and another man, were captured in Masoud' house, not a guesthouse. That capture was ten day after Ramadan.
- Captive 556 testified that his interrogators told him that Masoud was not a Turk, but rather was an Arab -- news he found surprising. He said he had never seen or hear anything suspicious about Masour during any of their meetings during their long acquaintanceship.
Response to Tribunal questions
- Captive 556 apologized, but he could not remember the name on his forged documents. He had only possessed them for a few day, three years earlier.
- Captive 556 was asked if the name "Jamiat al-Ta'awun al-lslamiyya" sounded familiar. He replied that the name of the University on his forged ID was Islamiya Jamiat university, and that he had never heard of the other group.
- Captive 556 explained that he had once traveled to Mazari Sharif because his original home, Totukolat, was close to Mazari Sharif.
- Captive 556's forged documents cost him $1000.
Earned mention in the "No-hearing hearings" study
According to the study entitled, No-hearing hearings, Abdullah Mohammad Khan was one of the captives who had new Tribunals convened, in his absence, when the intiial Tribunals determined that they should never have been determined to have been enemy combatants".
The study quoted from the the Legal Sufficiency Review from James R. Crisfield, the Tribunal's legal advisor:
"On 15 December 2004, the original Tribunal unanimously determined that the detainee should no longer be designated as an enemy combatant.
"Due to the removal of one of the three members of the original Tribunal panel, the additional evidence, along with the original evidence and original Tribunal Decision Report, was presented to Tribunal panel #30 to reconsider the detainee’s status. On 21 January 2005 that Tribunal also unanimously determined that the detainee should no longer be classified as an enemy combatant.
"Once again, additional information regarding the detainee was sought, found, and presented to yet a third Tribunal. This additional information became exhibits R-23 through R-30. This time, the three members of the second Tribunal were no longer available, but the one original Tribunal member who was not available for the second Tribunal was now available for the third. That member, along with two new members, comprised Tribunal panel #34 and sat for the detainee’s third Tribunal. Following their consideration of the new additional information along with the information considered by the first two Tribunals, this Tribunal determined that the detainee was properly classified as an enemy combatant."
Administrative Review Board hearings
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
First annual Administrative Review Board
A Summary of Evidence memo was prepared for Abdullah Mohammed Khna's first annual Administrative Review Board, on 29 July 2005. The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
- a. Commitment
- The detainee fought for the Northern Alliance against the Russians [sic].
- In 2001, the detainee was arrested in Peshawar during a raid by local police and released when authorities determined he was not Arab.
- The detainee was arrested along with two Arabs, Musa, a 25-28 year old Syrian, and Abdul Rashad, a 25-30 year old Saudi, during a raid of Musa’s house.
- When the detainee was captured, his hands tested positive for explosive residue. Authorities were looking for an explosives expert named Abdul Latif Al Turki.
- The detainee told Pakistani authorities his name was Abdullah Mohammed Khan, but he was identified as Abdul Latif Al Turki, the name printed on his Turkish passport.
- b. Connections/Associations
- The detainee became good friends with Musa and would sometimes stay with Musa and his family at their house in Peshawar.
- The detainee was arrested in Musa’s residence.
- Musa (aka Abd Al-Hamid Al-Suri [sic]) is an al Qaida suspect.
- Musa (aka Abd Al-Hamid Al-Suri [sic]) is also known as Baha’Bin Mustafa Muhammad Jaghal [sic], Musa Muhamat Julaq Augol [sic], Abd Al-Hamid Al-Sharif [sic], and Musa Uglo [sic].
- An al Qaida detainee identified the detainee in a still photograph as Abdul Latif Al-Turki.
- A Lybian Islamic Fighting Group member identified the detainee in photo as Abdul Latif Al-Turki. The member said he saw the detainee several times at the Al-Ansar guesthouse in Pakistan.
- An Iraqi detainee identified the detainee in a photo and reported he had seen the detainee at the Khana Gulam Bacha guesthouse on the Taliban front lines in Kabul, Afghanistan during late 1999-2000.
- c. Other Relevant Data
- The detainee interrupts and monopolizes the interpreter constantly to disrupt interrogations.
- The detainee manipulates interrogations by using linguistic differences as his excuse.
- When the detainee was arrested in January 2002, police confiscated his counterfeit passport, as well as numerous additional forged passports from the house that was raided.
- When the detainee was arrested in January 2002, a compact disk (CD) containing 19 English-language manuals covering manufacture of improvised explosives, poisons, timers, firing devices and other bomb initiating/delivery systems were discovered on the hard drive of a computer during the raid of the safehouse where detainee [sic] was arrested.
- When the detainee was arrested in January 2002, a Kuwaiti telephone number was found, registered to a Pakistani national who transferred money from Kuwait to Pakistan for large numbers of Pakistanis. He had dealing [sic] with villagers of Peshawar.
The following primary factors favor release or transfer:
|
Detainee argues that he is innocent of all the charges brought before him other than he was associated with Musa (an al Qaida suspect) upon his capture. |
|
The detainee stated he never owned a valid passport. His previous travels between Afghanistan and Pakistan only required a small bribe to the border guards to allow him to cross the borders. |
Transcript
Abdullah Mohammed Khan’s Administrative Review Board hearing was held in early September 2005.
Translation problems
The Board adjourned because he had originally been provided with a Persian translator, and his native language was Uzbek. It reconvened when a Persian translator was found.
Enemy Combatant Election Form
Captive 556's Assisting Military Officer met with him on August 31 2005, for one hour, to help prepare for his Administrative Review Board. Although his native language was Uzbek his copy of the unclassified documents to be presented to the Board had been translated into the Persian language.
The translator attending his Board was also a Persian translator. After stating, several times, that he would prefer a translator in his native language, but that he would try to make do with a Persian translator, his Board recessed so that a Uzbek translator could attend.
His Assisting Military Officer, and an Uzbek translator, met with Captive 556 on September 7 2005, for forty-five minutes.
His Assisting Military Officer described Captive 556 as "very polite".
Response to the factors
- Captive 556 acknowledged fighting against the Russians [sic] during the Soviet occupation of Afghanistan. He said that most men fought against the Soviets. He stated that he believed British and American governments aided the Afghanistani resistance to the Soviet invaders.
- Captive 556 confirmed that he was arrested in Peshawar in late 2001, and then released when authorities determined he was not Arab. He said one of his interrogators was an American.
- Captive 556 clarified that he was arrested with Musa, in Musa's house. The factor was incorrect to state they were also captued with Abdul Rashad.
- Captive 556 confirmed that he was told his hands had tested positive for explosive residue. But he disputed the accuracy of this report -- he had not touched any explosives since the Soviets left Afghanistan.
- Captive 556 confirmed that he had told Pakistani authorities, after he second capture, that his name was Captive 556. He disputed that his real name was Abdul Latif Al Turki. He disputed that the name on his passport was Abdul Latif Al Turki. Abdul Latif Al Turki was the name of the person who forged the documents, not the name on the forged documents.
- Captive 556 disputed that he and Musa were "very close". He described their relationship as a "friendly association".
- Captive 556 confirmed that he was arrested in Musa's house.
- Captive 556 responded to the factor that Musa was al "al Qaida suspect", by stating he did not know him as Musa, and he never had any suspicions that he was associated with al Qaida. He had believed what Musa had told him -- that he came from Turkey, and had come to Pakistan for medical treatment. He had a debilitating medical problem with his feet that left him unable to work, and Captive 556 had believed Musa's account that he was being financially supported by family members.
- Captive 556 denied knowing any of the other names the Designated Military Officer read to him.
- Captive 556 responded to the allegation that an al Qaida detainee identified him as Abdul Latif Al Turki by stating that he never associated with any Arabs; he repeated his denial that he was anyone but Captive 556, and that the anonymous witness who had denounced him was lying.
- Captive 556 denied ever having any association with the Libyan Islamic Fighting Group.
- Captive 556 responded to the allegation that an Iraqi detainee had seen him in the Khana Gulam Bacha guesthouse by stating that he had stopped at guesthouses, while traveling, without making note of their names, and that he would not have known if they were owned by the Taliban. He added:
"I know there are lots of Iraqi people here at this camp and they don't like each other and they try to put bad information on . About two years ago, I was prepared to be released from here, at that point I lived with some Iraqi people and because they disliked m they were lying, they were throwing some allegations on me and that's why my process has stopped ant that's why I have not been released."
- Captive 556 responded to the allegation: "The detainee interrupts and monopolizes the interpreter constantly to disrupt interrogations." as follows:
Detainee: Why do you have those kinds of comments? Presiding Officer: These comments must come from your behavior in the camp. Detainee: Well at some point when you are in the interrogation with the interrogator, tells you that you did and if it's not true of cource I'm going to reply defens. If there is a purpose to actually break the conversation and say something as then as what it was at that time.
- Captive 556 responded to the allegation that he "manipulates interrogations by using linguistic differences as his excuse" by pointing out that it was routine for his interrogators to bring interrogators who did not speak his native language. His interrogators had brought Uigher translators, Persian language translators, and Arabic translators. The only time he interrupted was when he didn't understand what was being said to him.
- Captive 556 confirmed he was captured with his own forged ID documents, and confirmed he had been told that he was told, later, other documents were captured at the same time he was.
- Captive 556 responded to the allegation that a CDROM containing explosives manuals was found during the raid of the safehouse where he was arrested by saying he had no knowledge of the CDROM.
- Captive 556 confirmed that, other than knowing Musa, and possessing forged identity documents, none of the allegations were correct.
- Captive 556 confirmed that he had never owned a valid passport. Local people never used, never needed, a passport to cross the Pakistan/Afghanistan border.
Opening Statement
Captive 556 repeated that the only two allegations which were correct were that he knew Musa and he possessed forged identity documents.
Captive 556 had never had any animosity towards the USA, and he never associated with anyone who he knew had animosity against the USA. He was just a regular person.
Captive 556 stated he had always told his interrogators the truth, without reservation, and that this information all confirmed his innocence. He begged his Board to have the information he had given checked for accuracy, so they could see it all confirmed his innocence.
Captive 556 stated he had never broken any of the camp rules.
Captive 556 told his Board that Pakistani officials had been handing over ordinary men to American officials inorder to collect the $5,000 bounty.
Response to Board questions
- Captive 556 told his Board that he and Musa conversed using a little bit of Persian and a little bit of Turkish, and the occasional word of Arabic. He tried to speak English with Musa because he didn't understand English.
- When he was asked if Musa spoke English Captive 556 confirmed that he heard him use a little bit of English when they were in jail in Pakistan.
- When he was asked if explosives were found in Musa's house he confirmed that his interrogators told him that explosives were found there, but he never saw any.
- The Board Member stated that the allegations didn't say that explosives were found in Musa's home, they said that explosive residue was found on Captive 556's hands. Captive 556 repeated that he didn't understand how explosive residue could be found on his hands when he had never handled any explosives. Captive 556 told his Board that his interrogators had initially accused him of being present at, and participating in the Taliban's last stand at Tora Bora, and that this was why there was explosive's residue on his hands. He had pointed out that the Taliban's last stand at Tora Bora he had been in Pakistani custody, and his interrogators stopped asking him questions related to this allegation that he was at Tora Bora, but they did not drop the allegations about the explosives residue.
- Captive 556 said he didn't know Abdul Latif Al Turki. He knew of him, because he knew Musa was calling on him to prepare the forged identity documents. He met him once, shortly before his second capture, when he came to Musa's house. He told him that he was from Turkey, and he was a student at an Islamic University there.
- Captive 556 said he had acquired the forged documents so he could go and find work in Turkey.
- Captive 556 said he was in Pakistan as a refugee, trying to study at a madrassa, and trying to earn a little bit of money.
- Captive 556 confirmed he had fought against the Russians [sic] during the Soviet occupation of Afghanistan in the late 1980s.
- Captive 556 disputed that he had learned how to handle explosives while fighting the Russians. He had no education at that time. He knew handling explosives was dangerous, and he was happy to leave it to experts.
- Captive 556 confirmed he was not a member of al Qaida.
- Captive 556 confirmed he was basically illiterate, but he had learned to read and write Arabic, a little bit, when he studied at a madrassa. He had also picked up a little bit of Persian.
- Captive 556 never met anyone at Musa's house, except his wife, their children, and Musa's sister and her children.
- Captive 556 said Musa's feet had been wounded while fighting in Afghanistan. He believed this was in 93 or 94, after the ouster of Soviets. Captive 556 said Musa told him his feet were wounded during the period of the Hezb-e Islami Gulbuddin [sic] government [sic].
Second annual Administrative Review Board
A Summary of Evidence memo was prepared for captive 556's second annual Administrative Review Board, on 10 September 2006. The memo listed factors for and against his continued detention.
The following primary factors favor continued detention:
- a. Commitment
- The detainee stated he joined a group of Mujahedin to fight the Soviet invasion.
- A source stated that the detainee was a Mujahed.
- b. Training
- The detainee stated that he knows how to operate a Kalashnikove rifle, but never received formal training in how to use it. The detainee stated he never attended any military style training camps, but he did attend a physical fitness camp for six months.
- The detainee stated that while fighting for the Northern Alliance, he used a Kalashnikov rifle but had only witnessed the use of explosives.
- During the raid of the detainee's location, 19 English-language manuals were discovered. The manuals covered the manufacture of improvised explosives and detailed explanations of the manufacture of poisons.
- The detainee stated the Pakistani authorities accused him of being an explosives expert who smuggled explosives from Tora Bora. The detainee's hands were tested for explosives residue and the test results were positive.
- An al Qaida detainee identified the detainee and said he took basic training at the Khalden camp in Afghanistan in 1998.
- c. Connections/Associations
- The detainee stated that he was arrested by Pakistani police because Arabs had previously occupied the house.
- The detainee became acquainted with two Arabs while attending Jamiah Asri Madrassa. The detainee was introduced to the passport maker who offered to provide the detainee with a counterfeit passport. The detainee borrowed 700 United States Dollars to purchase the passport.
- A source stated that the detainee had an appointment to purchase a forged passport with the name of Ali Uzdamir.
- The detainee said he purchased a passport with the name Ali or Urqhan from a source for 500 United States Dollars.
- An individual who used his home to exchange forged documentation stated he hosted the detainee in his house.
- The detainee stated that just prior to his capture he met the host of the house that he was captured in. The detainee stated that the host does not know him well.
- A source introduced the detainee to the passport maker, and the detainee stated he had never met the passport maker prior to the purchasing the passport.
- The detainee stated that two days after receiving the passport, the police raided the homeowner's residence where he was apprehended.
- Pakistan authorities raided the house where the detainee was located looking for an explosives expert name Abdul Latif al Turki.
- The detainee stated that the Pakistani authorities may have arrested him because the name of the explosives expert was printed on his passport.
- The detainee stated he did not read the passport. The detainee stated that he was coached on what to say in case officials questioned the detainee during his travels. The detainee could not recall what he was told about the passport.
- The detainee stated that the Pakistani authorities were looking for the passport maker.
- A source stated the detainee was at the Khana Gulam Bacha guest house in Kabul, Afghanistan.
- A source identified the detainee and said he saw the detainee several times at the al Ansar guest house in Peshawar, Pakistan.
- An al Qaida operative stated that the detainee was a Turkish Mujahedin travel facilitator that brought Mujahedin from Turkey to a guest house in Pakistan.
- A known al Qaida member claimed that the detainee was at the Nebras guest house. The known al Qaida member stated that the detainee was either Taliban or al Qaida in hiding.
- d. Other Relevant Data
- The detainee was likely the commander of the Margun al Qaida camp in 1997 and reportedly an explosives expert.
- The detainee stated he was not at Tora Bora. The detainee claimed he was in Pakistan at the Islamic school throughout this time period.
- The detainee stated he was not at Tora Bora. The detainee stated that the Pakistan authorities had previously arrested him and held him in detention at that time. The detainee claims he was released after the battle of Tora Bora had ceased.
- Six passports were found at the detainee's capture location. The detainee claimed he was unaware of their existence.
The following primary factors favor release or transfer:
- The detainee said if he were released he would like to be released to a country where there is peace and he would have the ability to obtain a job to make ends meet such as Canada, Turkey, Germany or America.
Transcript
Captive 556 chose to participate in his second annual Administrative Review Board hearing.
Captive 556 was called "Mr Abdulla" throughout his hearing because his true identity remained in doubt.
Enemy Combatant election form
Captive 556's Assisting Military Officer reported that their initial interview took place on 19 September 2006.
Response to the factors
- Captive 556 responded to the allegation that he fought against Afghanistan's Soviet invaders:
I already gave the complete answer to this question previously. The Russians came into our country with force and I didn't think it was -- well, to defend our country, I think it was an honorable thing to do. The whole nation of Afghanistan actually stood up against; it wasn't just me. I thought that was something honorable for the country. All Afghans participated in that war and, if it is something to be punished for, then the whole nation should be punished for that.
All I was doing was just defending my own country.
- Captive 556 responded to the allegation that he had been identified as a Mujahed be explaining that this label applied to everyone who fought the Soviet invaders.
- Captive 556 acknowledged that he knew how to fire an AK-47. He repeated his denial of ever attending a military training camp. He acknowledged he did attend an ordinary fitness camp, called the "Champion" camp, in Pakistan, one open to the general public.
- Captive 556 denied ever fighting with the Northern Alliance. He stated the only hostilities he engaged in were against the Russians.
- In response to the allegation that he had seen the use of explosives captive 556 responsed:
I saw explosives, but I didn't see the way they were actually made. I saw them. They're very simple. If you step on them, they will explode. There were lots of them in Afghanistan. They even had them on display for people to look at and identify so they won't step on them when they see them on roads. If you are saying that I was actually working on them, then that is not a true statement. I was with the Mujahed group for a while, but I did not fight against any other alliances, especially the
Northern Alliance. I never even mentioned those things.
- Captive 556 denied any knowledge of explosive's manuals alleged to have been found in the house he was a guest in when he was captured.
- Captive 556 responded ot the allegation that he was an explosive expert who smuggled explosives from Tora Bora by asking how he could have smuggled explosives from the battle of Tora Bora when he was in Pakistani custody at the time of the battle. In response to the allegation that explosives residue was detected on his hands he stated he had not touched any explosives since the ouster of the Soviets in 1992.
- Captive 556 denied participating in any hostilities since the ouster of the Soviets in 1992. He specifically denied attending the Khalden camp.
- Captive 556 acknowledged meeting Musa at the Jamiah Asri Madrassa. He clarified that Musa was the only person he met there, that he did not meet two Arabs there. Musa introduced him to the forger later.
- Captive 556 acknowledged buying a forged passport. He couldn't remember whether the name on it was Ali Uxdamir. He purchaed the passport because he wanted to live and work in Turkey.
- In response to the allegation that Musa used his home to exchange forged documents captive 556 responded:
That is true. That's pretty much true, but Musa was using his house for those kinds of purposes. The way I see it, Musa was a very ordinary person, but people used to just tell others, especially on foreigners when they come to the country, that they are doing something. He was a very ordinary person and just living his life with his family. He didn't work; his brother was supporting him.
I didn't see him doing anything wrong at that time.
- When asked to explain the presence of explosiives manuals in Musa's house captive 556 expressed skepticism that this allegation was true.
I didn't see what he was doing. Lots of people were captured, up to 1,500, but most of them were released. When they investigated the cases and they found out that those people were innocent, they were released. It was a mistake to capture them in the first place, so they were released. They realized that those people were captured by false information. So whoever does not hear a lot,
they would actually try to give some false information about you and sell you to the government.
- Concerning the allegation that he stayed at the Khana Gulam Bacha guesthouse in Kabul captive 556 responded:
We talked previously about that. They told that that guesthouse belonged to Taliban. I didn't go specifically to that guesthouse for a specific reason, but when you are traveling and you want to stay overnight somewhere and you see a hotel, you will probably stop by and have a nice meal and rest for the night. If you like the place adn they have good food over there, you don't ask them if it belongs to Taliban or to
other organizations. I didn't have any kind of association with Taliban.
- Captive 556 denied that he ever had any contact with the al Ansar guesthouse in Peshawar. He repeated that, after 1992, he never participated in any hostility activity.
- Captive 556 described the allegation that he was a Turkish Mujahedin travel facilitator as baseless.
- Captive 556 denied staying at the Nebras guesthouse.
- Captive 556 denied being the commander of the Margun al Qaida camp.
- Captive 556 confirmed that other passports were found in the house where he was captured.
- Captive 556 confirmed he would like to be released to a country that was at peace.
Opening statement
This is the third time I am participating in a Board [sic]. This is my third Board. Every time I say my statements, they are actually turning them around and adding more accusations against me. The majority of those statements are very wrong. When I was in Peshawar, Pakistan, I was detained for 28 days. There were three people over there, me Imatubbha, and Abdul Rakhid. They got information for all three of us and, after they investigated and found out everything were, true, they actually released us. The reasons they released us was because they checked all the information we gave them and they investigated everything. They went to those places, found out where we lived, the talked to the people and, when they found out everything was true, they released us. Even before the seocnd Board, I gave a lot of information about my place, where I have been, what I was doing, and where I lived. I gave them Abdul Latif's name. I asked them to go to that place to talk to that person and ask him information about me and he will tell them exactly what kind of person I am. All these problems will be endless until somebody goes to this place and ask the people there as to what kind of person I am. Only after that will you get the true information about me. The truth will come out after that and all these problems will be over. If you didn't even try to contact those people and ask them about me, these problems will never end. Whatever I tell you you can take it either way. You can trust me or you cannot trust me. You can ask me a lot of questions and I will tell you everything I know but, until you actually talk to somebody else out about these problems, you are not going to trust me or live with that thought. I spent four and a half years here and I have been in very bad conditions. I never associated with any of the other groups and I do not have any harm towards you. In four and a half years, you lose a lot. You lose your health, get stressed out, lose your family. In four and a half years or five years, if you are not released from here you will not be the same person. It is not right justice when you are not looking after a person's health and his benefits and only looking after your own benefits. Everybody looks at America as a country of justice, human rights, treating people right. I believe that I had been detained for no reason. I never even talked anything against America at that time. I was just a regular person. I don't see any resons for you to detain me here. I gave a lot of information about where I came from and even my parents' address, my father's name and everything, but it seems like nobody actually went to those places to check. As far as I know, the purpose of this Board is to determine [sic] continue detention or to release me from here and that is a really huge thing for me. If you really want to find out the truth about me then somebody has to go and check all the sources, which I provided you. names and addresses of people back in my country. Somebody has to go there and actually check and talk with them. After that, all these things might be over. You have almust up to 20 accusations against me, but I believe all of them are wrong statements. You don't have any evidence to prove them. I can also get any kind of accusation and say on somebody. There are only a few items that are true. About the passport, maybe a couple of items are true, but saying that I was associated with Taliban or al Qaida, that I was a terrorist, all those allegations are completely not true. I believe I have been detained for no reason for so many years and I would like to ask you to have justice. I am asking for my rights and you have to try to resolve my case. I got very stressed out and I am losing my health. I fear about what is going on with my family over there, my father, and other members of the family. I don't understand why I should live in this kind of condition here. I want to task and request for my rights and ask you to resolve all these problems for me. |
Response to Board questions
- Captive 556's Designated Military Officer asked what languages he spoke. He responded:
Like I said previously, I never attended school but, when I was in the madrassa, I learned a little bit of Persian and Arabic. While I was here, I learned a little bit Uzbek from the Uzbek brothers. Prior to this, I didn't know how to read.
That's all.
- Captive 556 testified that his family should be in Afghanistan, in Faryab or Takhar. The last time he spoke with his father they were in Takhar. He testified that he had two younger brothers.
- When asked to expand on why he wanted to be sent to another country if released captive 556 offered a long explanation about the effect of thirty years of warfare, and the difficulty in finding work in Afghanistan and Pakistan.
- Captive 556 and his Board's Presiding Officer had the following exchange about the American presence in Afghanistan:
Presiding Officer: |
Abdulla, you stated that you define a Mujahedin as somebody who defends his country against aggression. The U.S. intervention in Afghanistan, do you consider the United States an aggressor? |
Captive 556: |
The way I see it, Americans actually came to help Afghanistan. If Afghanistan was a nice place to live, I never would have tried to leave the country. I would have thought to join and help the Americans to get the country on the right. Like I sadi, when Russians invaded the Afghanistan, everybody was actually against that and they were trying to fight and defend our country. |
- Captive 556 was asked what job skills he had to support his family, if the Board were to recommend release or transfer. He replied that he would not want to be a leader, that any little job would be nice. He said he was ready to pick up any kind of work.
- Captive 556's Presiding Officer advised him that there were procedures for captives to contact friends and relatives back home, to have them send helpful information back to Guantanamo. Captive 556 responded that he had an uncle in Turkey that he hoped could help him find work there.
- After some clarification captive 556 offered some further names, that of Hussein Jon, whose full address he had previously offered, and Haji Jamshiit, Pidam Kol, and his father. He stated that the authorities at a refugee camp in Pakistan for Afghans name Shaam Shiitu could document his stay there, and information about his character.
References
- list of prisoners (.pdf), US Department of Defense, May 15 2006
- ^
OARDEC (10 September 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Abdulla (first name unknown)" (PDF). United States Department of Defense. pp. pages 45-47. Retrieved 2007-11-09.
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(help) - ^ list of prisoners (.pdf), US Department of Defense, April 20 2006
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OARDEC (July 17 2007). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) -
OARDEC (September 4 2007). "Index for testimony" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) -
OARDEC (August 9 2007). "Index of Transcripts and Certain Documents from ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) -
OARDEC (August 9 2007). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) -
OARDEC (July 17 2007). "Transcripts and Certain Documents from Administrative Review Boards Round Two" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) -
OARDEC (July 17 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Retrieved 2007-09-29.
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(help) - ^
OARDEC (29 July 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Khan, Abdullah Mohammed" (PDF). United States Department of Defense. pp. pages 35-37. Retrieved 2007-11-06.
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(help) - Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11 2004 - mirror
- Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
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"Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. Retrieved 2007-09-22.
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OARDEC (5 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Khan, Abdullah Mohammed" (PDF). United States Department of Defense. p. 75. Retrieved 2007-11-07.
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(help) - ^ Summarized transcripts (.pdf), from Abdullah Mohammad Khan's Combatant Status Review Tribunal - pages 107-115
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Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings" (PDF). Seton Hall University School of Law. p. 17. Retrieved April 2.
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suggested) (help)CS1 maint: multiple names: authors list (link) - Spc Timothy Book (Friday March 10 2006). "Review process unprecedented" (PDF). JTF-GTMO Public Affairs Office. pp. pg 1. Retrieved 2007-10-10.
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(help) - OARDEC (September 2005). "Summarized transcript" (PDF). United States Department of Defense. p. 98. Retrieved 2007-11-09.
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OARDEC. "Summary of Administrative Review Board Proceedings for ISN 556" (PDF). United States Department of Defense. pp. pages 1-16. Retrieved 2007-11-10.
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