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Summary of AdministrativeReview Board Proceedings for ISN 1100

TheAdministrativeReviewBoardwascalledtoorder

The Designated Military Officer (DMO ) was sworn ,

The BoardReporterwas sworn.

TheTranslatorwassworn.

The Detainee entered the proceedings.

The PresidingOfficerannouncedtheconveningauthority purposeofthe AdministrativeReview Boardproceedings.

The Administrative Review Boardmembers were sworn .

The AssistingMilitary Officer was sworn .

The Presiding Officer read the hearing instructions to the Detainee and confirmed that he understood

TheAssistingMilitary OfficerpresentedtheEnemy Combatant Notification form , ExhibitEC - A , tothe AdministrativeReview Board

TheAssisting Military OfficerpresentedtheEnemy Combatant Election Form Exhibit EC - B , to theAdministrative ReviewBoard

The DesignatedMilitary Officer presented the Unclassified Summary of Evidence, Exhibit - 1, andDMO - 2 to DMO -4, other unclassified information to the Administrative Review Board.

The DesignatedMilitary Officerstatedthat a copy of theseexhibits hadbeen previouslydistributedto theAssisting Military OfficerandDetainee.

TheDetaineeoptedto makehisstatementsinresponseto the DesignatedMilitary Officer'sbriefsummaryofthe UnclassifiedSummaryofEvidence.

The Detaineeacceptedtakingthe Muslimoath.

The Designated Officerpresentedthe UnclassifiedSummary of Evidenceas :

Designated Military Officer The Detainee went to fight inthe against the Russians between 1987 and 1991.

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21867 Detainee: Duringthe Russian I was a littlekid; from the age of 16 or 17, participatedinjihad, and [ ] only fought against Russians for eight months. their withdrawalI fought againstthe communistgovernmentofNajibullah.

DesignatedMilitaryOfficer: The Detaineewas anAssistantInvestigationCommander forthe policeinGardezbetween1992 and 1995. Between1995and 1998, hewas the militarycommanderofan air defensebaseinKabul. From2001until 2003, the Detainee was a CriminalInvestigationOfficer for the Gardezpolice.

Detainee: Duringthe Talibanregime laidlowandstayed at home. I worked as a farmerand[ I] didn'twork for anyone. Beforethe cameto power I was working [ for only year forRabanni'sgovernment[at] the militaryair base inKabul I was a commanderat that time. After the Taliban'sfallI servedas an AssistingCriminal ofthe city ofGardezandthenas Security Commanderfor the Karzaigovernment ].

DesignatedMilitaryOfficer: The Detaineewas responsiblefor anattacknearGardez, , whichcausedthe deathofone Americanandinjuryoftwo others.

Detainee: That is nottrue. Thisincidentneverhappenedinthe city ofGardez and I never anythingaboutit. I neverfoughtagainstAmericansnordid I encourage anyonenororganizesuchanattack.

DesignatedMilitaryOfficer: The Detainee was a former Lashkar-e- Tayyiba commander.

Detainee: answer your interrogation, but please make it clear. When you say , commander" ofLashkar- e- Tayyiba, canyou give me a time frame on that? During the interrogation, I talked about my age and all myjobs. When you call me a commander ofLashkar- e- Tayyiba former commander" canyou give me the time or the date ?

PresidingOfficer: Inthis situation, we arejust asking at somepoint inthe past, a connectionwas madethat youwere a formercommanderto the Lashkar- e- Tayyiba.

Detainee: Duringtheinterrogation, I told the interrogators( everything; fromthe day I was born untilnow . EverythingI didinmylife! Ifyoulogically... doesn'tmake sense. As young teenager years that youare claimingI could be a commander. If you go throughmyfile andsee allthe dates, andthe year I was bom , and ifyou lookat my age, youwillunderstandthat this allegationistotallywrong.

PresidingOfficer: Thankyou.

Detainee: I don'tevenknowthe meaningofthis word; this isthe first time I haveheard this wordhere. I was neverasked aboutitduringthe interrogationor the tribunal. I don't knowanythingbad. ISN 1100 Enclosure( 6 ) Page 2 of 21868 PresidingOfficer: Thank you.

Designated Military Officer: The Lashkar e - Tayyiba is the armed wing of the Pakistan based religious organization, Markaz-ud-Dawa-irshad, a Sunni anti-U.S. missionary organization formed in 1989.

Detainee: I don't have any informationabout it. I don't recognize theorganization. In 1989 I was 16 or 17 years old teenager. I'mfrom Afghanistan and not Pakistanand I would never go andjoin some Pakistanigroup or fight. I never traveled to Pakistan. I never went to their schools or Madrasa's. I wasn't raised in Pakistan Afghan.

DesignatedMilitaryOfficer: The Pakistaniterroristgroup Lashkar- c -Tayyibahadbeen transportingandhidingal Qaidamemberswho escapedfromAfghanistan. The Detainee was identifiedas workinginQuetta, Pakistan, assistingal Qaidamembersto moveout of Afghanistan.

Detainee: At that time, I was one ofthe first personswho fought againstthe Talibanand againstal Qaidato supportthe Americans. I was inthe area ofShahi-khot, city of Gardez withthe Americansandsoldiers ofKarzai'sgovernmentandeverybodyinthe city ofGardezknows aboutit. Howcould I fight against alQaida andat the sametime helpthemto run outofAfghanistan? Actually nevertraveledto Quetta, Pakistannor do I knowthe wayto get there.

Designated Military Officer : The Detainee was identified as a member ofthe Military Council for the Lashkar- e -Tayyiba.

Detainee: I alreadyansweredto this allegation.

Designated Military Officer: The Detainee was chosen to replace Azam Cheema as the of Operations inIndia during a Lashkar-e -Tayyiba meetingin Muridke, PakistaninFebruary to early March 2003.

Detainee: I have beendetainedforthe pasttwo years here and to this I livedinthe city ofGardez. Such allegationsmakemethink thatmaybeyouaccidentallymixedup my file withsomebodyelse.

DesignatedMilitary Officer: The Detaineewas reportedto have ties to Hezb -e - Islami Gulbuddin and al Qaida.

Detainee: I don'thave any ties to GulbuddinandalQaidanorhadI any connectionwith them inthe past, andI don'twantto deal withthem inthe future. Whatkindofperson am I that I havethe time andthe knowledgetojoin everysinglegroup ineverysingle country? Where would get the time (or ability? Logically, you given the

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answer ... How could be part of these parties and travel everywhere and do everything ? It'sjust impossible.

Presiding Officer: Thank you.

Detainee: I'venevereventraveledout ofAfghanistan. I'maskingyouto showmesome kindofproof. Whatkindofproofdo youhavethat I was linkedwiththese groupsor I've beeninthosecities ?

Presiding Officer: We are examining and asking these questions for us to make the best determination, ifyou are going to be released, detained or transferred. We ask these questions to gather information. Any information you give us helps us make a better decision

Detainee: I apologizesir, withall respect. Youare an educatedmananda knowledgeablenan Evenwithoutmyinformation, ifyoulookatmy file andyouread that I worked for current governmentinAfghanistan. I servedPresidentKarzaiand Americans. I worked for Talibanand I worked for everysinglegovernment Logically, it shouldn'tmakeany senseto you andyoushouldn'tdecidewithoutme givingyouany informationthat false.

Presiding Officer: Thank youvery much. We will look at all the information and we will examine your record afterward and give it all due gravity . Thank you very much for your responses

Detainee: Thank you.

Designated Military Officer : Hezb - -Islami Gulbuddin is a faction of the Hezb - e -Islami party, and itwas one ofthe major mudjahedin groups in the war against the Soviets. Hezb - e - Islami Gulbuddin has long-established ties with Bin Ladin .

Detainee: Ithasnothingto do withme. MylastnameisMujahid, butitis a common nameamongMuslims. Itdoesn'tmean that I am Mudjahidor Islamicfighter. I am Muslim, but I amnot a militant. Pleasedon'tplacejudgmenton my casejust becausemy nameisMujahid

DesignatedMilitaryOfficer: The DetaineeisaffiliatedwithMullahAbdul Fatah, a memberofal Qaida, who conducteda meetinginKabul, Afghanistan, on 16August 2003, to recruit formerexplosiveexpertsto conduct attacks.

Detainee I have beenaskedaboutthis duringtheinterrogationstoo, butI don'tknow thispersonandI neverheardofhis . Duringthattime, the currentgovernment existedinAfghanistan. Whatkindofgovernmentis that? WhenI wouldgo andhave a meetingaboutexplosivesandtry to organizesomeattacksand stuff...the government wouldcatchme and theywouldprovideproofofmebeinginthat meeting? 1100 Enclosure ( 6) Page4 of 16 21870 UNCLASSIFIEDI/ UNCLASSIFIEDITOWO

Designated Military Officer: The Detainee was in contact with Saif Ur Rahman, a Taliban commander in Gardez , andJalaluddin Haqqani, anal Qaida commander in Pakistan. The worked against the U.S. and International Security Assistance Force and the Afghan government. The Detainee had ties to localanti-coalition militias.

Detainee: Thesetwo peoplewereTalibancommanders. I was detainedfor a while duringthat timeandthenafterthat I was at home. They werefamousas the human butchers DuringNajibullah'sgovernmentthey killedmorethan3,000men, womenand childrenofGardezwithguns. I heardoftheir becauseallthe peopleofGardez knowthemby the name ofkillersofinnocentpeople. Thesetwo peoplearefromtwo differentvillages of PaktiaandI don'tknowthemand I don't have any personaltribal or verbal ties withthem . DuringtheKarzai'sgovernmentI was the security commanderof Gardezwhile RahmanandHaqqaniwereagainstus and againstour government. You canreviewmyfileaboutthis mattersinceI gave detailedinformationto the interrogators. Notonlyhave [ I] neverbeenagainstAmericanor otherforeignersworkingin Afghanistanbut I alsoprovidedsecurityfor them . Youcanask the Americansand foreignerswho workedthere [ at] that timeaboutmyservices Since I was workingas a securitycommanderofthecurrent inGardez...alQaida, Talibanandthese two men, Haqqani somebody, a suicidebomber, to come and killme. I was latefrom work and I survived, because) theexplosionoccurredin front ofmyhouse. Myneighborsandpeopleover there in] Gardezknowthatthesegroups weretrying to killme, sinceI was faithfulto Karzai'sgovernment. I do knowthat onlyterrorist, only theseterroristscan committhesekindsofattacks. So ifI have any comections, ortics with(one) groupofterrorist, noneofthemprobablywouldhavetriedto killme.

Designated Military Officer Rahman has known links with both Taliban and al Qaida. Haqqani isthe former commander in chief of the Taliban Southern Forces and is heavily involved in the drug trade.

Detainee: I'vealready answered this previously. This doesn't have anything to do with

me.

DesignatedMilitaryOfficer: Duringa meetingwithanAfghanMilitaryforce commander, GeneralZia Udeenandthe Detaineediscussedoperationsto createdisorder inthe outlyingareasaroundGardezto disruptcivil security.

Detainee: Zia Udeenis the current government's general and I never had a private meetingwith him . We bothare supportingthe current process, and webothservedfor the safety ofAfghanistan. Pleasethink about it, I was the security ofthis city...how could I do somethingagainstmy own job ? I was there to maintain [ and] providesecurity forthis city. Howcould I just fight againstmyselfor do something against myself? Youtellme, who is goingto hurt himselflike this, at his job likethat ?

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Designated Military Officer: The Detainee was in the Afghan military during the Rabanni government and fought against the Taliban . Hewas appointed as head of security for Gardez and Paktia, and continued in this position during the Karzai government

Detainee: After the fall ofRabanni's government until Karzai's government tookpower I did not work for the government. I was lying low and stayed at home. Two or three months before the fall of the Taliban when the Americans came to Afghanistan I got an invitation from General Momeen and Pacha Khan tojoin the fight against Taliban and al Qaida. That is why I was awardedthe post ofhead of security for Gardez.

Designated Military Officer: The Detainee was fired and replaced as Director of Security for the Gardez area due to suspicions of collusion with anti- government forces.

Detainee: I was notfired. I got transferredfromGardezto . Thisactuallywas a promotionto a betterpostinKabul. At that timenoothercommanderwould acceptthe transfereasilybut I obeyedthe government'sdecisionto go to Kabul; thereforethe interiorministerMr.Jallaligaveme a car as a gift. Aboutthe suspicionthat I am associatedwithforcesthatareanti-U.S. [ that] is a lie. Duringthattime, whenthey appointeda new governmentto the provinceofPaktia the governmentwas Asadullha Wafa. The interiorministersentme withthat newgovernment AsadullhaWafa] to the provinceofPaktia, to introducehimto his newposition, to hisnewpost, andto the people. IfI werefiredthey wouldn'ttrust meor they wouldn'tgive methejob to do and go withthe government. So the secondpositionthat I got in Kabul, that was transfer I wasn'tfiredanditwas a higher positionfor me, itwas a promotionfor me. The interior ministersentmeto talk to triballeadersinPaktia the currentgovernment Asadullha Wafa me so muchthatthey sent meto bringallthe tribal eldersfromPaktiaand bringthemto they wouldhavea meetingwiththe interiorminister.

DesignatedMilitaryOfficer: The Detaineestated he was neverassociatedor affiliated withany Talibanor alQaidamembers, nor was everpartofany militarycouncil associatedwithanti-U.S. andanti- coalitionactivities.

Detainee: That is true

DesignatedMilitaryOfficer: The Detaineestated heapprovesofthe American involvementinAfghanistanbecausethey are improvingthe countryfor everyone. When askedhis feelingsonjihad, theDetaineestatedhe simplyfoughtagainstthe Russians whenhewas handeda weapon.

Detainee: That'strue

Designated Military Officer: The Detainee claimed that neither he nor Zia Udeen did anything to create internal strifebetween competing villages and groups inGardez and Paktia. 1100 Enclosure ( 6 ) Page 6 of 16 21872 UNCLASSIFIEDI

Detainee: That is correctandthere was never a conflictamongthe villages inPaktia.

DesignatedMilitary Officer: The Detainee stated he neverheard ofMullahAbdul Fatah

Detainee: Yes, I neverheardofhisname. That'strue. I toldthe interrogatorsa hundred times I don'tknowthis person. [ In the unclassifiedsummarythat youprovided, canyou showmea document, somethingwithproofthat I'vedone suchthings?

Presiding Officer: No, we would not be able to provide that. We understand your responses. In the unclassified portion you will have an opportunity to make a statement. We will get to that in a few moments .

Detainee: Theseallegationsare a resultofpersonalanimosity, drugs, andconspiracy, whichisvery commoninour country inAfghanistan. Mostlythe communist, the Afghan communist, wantto take poweronemoretimeandthey wantto destabilizethe current government Theyaretryingto maketheseallegations, orthey makeupthings, andthe Americansbasicallybelievethem . Theywantto putpeoplelikeme injail, becauseit wouldbebadforthe currentgovernment, andthe processto putanhonestservant ofthepeople jail].

PresidingOfficer: Thank you very much and ina few moments we will ask questions.

Detainee: sorry ifI talk too much .

PresidingOfficer: Youdon'ttalk too much.

Detainee: I haveto defendmyself.

Presiding Officer Thank you.

The Designated Military Officer confirmed that he hadnofurther unclassified information and requested a closed session to present classified relevant to the disposition of theDetainee.

Detainee: That'sfine, ifyoudon'twantto showme any classifiedevidenceagainstme. That's your law , ifyour lawrequiresthat, just obeythat. I'mjust a Detainee.

PresidingOfficer: ( The owning agencyhasdecidedthe ormation, released couldcause damage to our security. This board does nothavethe authorityto changethosedecisions.

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The PresidingOfficeracknowledgedthe request.

ThePresidingOfficeropenedtheAdministrativeReviewBoardto the Detaineeto presentinformationwiththe assistanceof theAssistingMilitaryOfficer.

The Assisting Military Officer presented the Detainee's written statement, Exhibit EC - C , to the Administrative Review Board

TheAssistingMilitaryOfficerreadthe followingDetaineeadditionalcomments:

AssistingMilitaryOfficer: Youcancheck the recordduringmy stay here fromyour computers; I hadany mess-ups or any problems. I alwaysbeenvery obedient. I considermyselfinnocentandI havecommittednocrime Personalanimosity andconspiracyare commoninAfghanistan Bynowyoushouldhaverealizedthatthese allegationsagainstme are baseless andnottrue, sincenoevidenceexistsagainstme. I requestthis boardnotto repeat the same mistakethat theprevioustribunalmadeby not turningaway from the truth andmisjudgingmy case. Incase ofmy release, I wouldlike to say that I am a poormananddon't have enoughmoney to starta business, but I will accept any jobs the Americansor the currentgovernmentofAfghanistan, nomatter where inAfghanistan. I willdo my duty to the bestofmyabilityto serve my country as I did inthe past. AmericaisAfghanistan'sonly andlasthope. I realize that all these years ofmisfortunethatAfghanshave beenthrough. Finallythe Americanscame to helpus in rebuildingour country. Thenwhy would I want to hurtsomeone who is goingto helpmy country?

Presiding Officer: Do you have any further statements or comments ?

Detainee: I told ( them duringthe interrogation, duringthe CombatantStatusReview Tribunalandnow . I considermyselfaninnocentperson. I'mharmless. I'minnocent Theseallegationsare all false, baseless...andwhat evermy ageis I toldyoueverything thatI'vedoneinthe pastin my life. Ifyougo throughmyfileand checkmyfile and see... ifyou giveme a time frame, whenI did or committedallthesecrimes? Ifyou would at leastprove one (ofthe allegation. I will acceptallthe charges, butifyou cannotprovideanykindofevidenceofmecommittingallthesecrimes, thenit means that I am innocent. I don'thaveany connectionsandties withthe governmentprevious to currentgovernmentofAfghanistan. Whenthe Americanscameto Afghanistan, I did notleavemycountry. I wasn'tonthe run. I was therefightingalongwiththem ( Americans) againstTalibanandI serve [ d] that) time for currentgovernment.

PresidingOfficer: Thankyou. Doesthis concludeyour statement?

Detainee Yes, I am done. Ifyou have any questions, be happy to answer them .

Presiding Officer: Assisting Military Officer do you have anything else to add ?

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The AssistingMilitary Officerreadthefollowingcomments:

Assisting Military Officer: The initial Administrative Review Board interview took place on July 2005 and lasted 120 minutes. After a review of the Administrative Review Board purpose and procedures, the Farsi translation of the Unclassified Summary of Evidence was read to the Detainee and a copy provided for his use . The Detainee had intended to write his responses to the Unclassified Summary ofEvidence, but was not allowed a pen in his cell

Detainee: Yes, they wouldn't allow the cellblock translator to write the statement for me

Assisting Military Officer: A follow up interview was conducted on 6 July 2005 lasting 75 minutes in which the Detainee dictated his responses to the Unclassified Summary of Evidence. A second follow up interview was conducted on 7 July lasting 30 minutes in order to verify the Detainee's transcribed statement, which he intended to submit to the Administrative Review Board . Although the Detainee challenged the results of his Combatant Status Review and subsequent detention , he was cooperative throughout all the interviews and appeared eager to refute the factors favoring continued detention .

Detainee: [ I am challengingthe result Combatant StatusReviewTribunal. I think justice hasn'tbeen served. Evento the RedCrosspeople... interrogators, I toldallof them that itis cruel the way providedthe CombatantStatusReviewTribunalwith witnesses, legitimateanswers, but they still unfortunatelyfoundme an) , which is not true. I willneveraccept the factthat [ the] CombatantStatus ReviewTribunal ortribunal decisionfoundme to be an) enemy combatant. According to the definitionofthe enemy combatantthat you( referringto CombatantStatus Review Tribunal) gave us, it doesn'tapply to me andI'mtelling you that not an enemy combatant That was a mistakethe tribunal made. That is veryunfortunate for the law

Presiding Officer This is a separate process the Status Review Tribunal. In this process (referring to Administrative Review Board ), we move beyond that and look to see... take into account information . We make the determination the Detainee should be transferred , released or detained . That is in the past and this is a new process

Detainee: I wasjust saying thatbecauseI don'twant to repeatthe same mistakethey did...becausethey didn't capture me duringAfghan fighting. They came to my home and arrestedme from my home. They didn't have anykindofevidenceto show me that I belongto al Qaida or Talibanor any other group. I never admitted, not now ...in the future...forever...I'm refusingto accept the fact ofthedecision of theCombatant Status ReviewTribunal,

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Presiding Officer: We appreciate [and understand that. We take our oath very seriously and that is why we are here today .

The Assisting Military Officer hadnofurther questions for the Detainee.

The Designated Military Officer the following questions:

Designated Military Officer: Mr. , you say you provided the interrogators information about your entire life. Is that correct ?

Detainee: Yes.

Designated Military Officer: You never mentioned the name of an organization called Lashkar- e- Tayyiba during those interrogations ?

Detainee : Nobody during the interrogation asked me about this. First time, during the initial interview , this translator (OL - 11) and this Assisting Military Officer told me about Lashkar -e -Tayyiba. Even back home in Afghanistan I never heard of such organization or

DesignatedMilitaryOfficer: Inyour positionswiththe policeinGardez, younever heardofLashkar- e -Tayyiba?

Detainee: NotinAfghanistan...not during tribunals...not duringthe interrogations duringthe firstinitialinterviewthat I hadwiththis Officerandthis translator firsttime. Notevenduringthe tribunals, they didn'thavethese allegations againstme. Inthe present...whenI'mherefor two years, I heardthis thingnobody ever talkedabout it. I just heardaboutit a fewdaysago.

DesignatedMilitaryOfficer: Is it the samethingaboutMarkaz-ud-Dawa- irshad?

Detainee: Yes, I told you. I neverwent to Pakistan. Duringthe interrogationI told the interrogator... went twice there (Pakistan for 20 days andone month. I explainedwhy [ went] there. I never ( to their schools, I neverlivedthere ? I didn'tknowabout all these organizationsthat belongto Pakistanigovernmentor their people. I neverforget a thing.

DesignatedMilitaryOfficer: Youdidor didnot go to Pakistan?

PresidingOfficer: For the record, have you ever been inPakistan ? I understand nowthat you've inPakistantwo times.

Detainee: WhenI saidI neverwent to Pakistan, I meant Quetta, Pakistan, the city that youmentionedduringthe allegations I went to Pishawer, Pakistan, twice, andto Torkham , it is inthe border ofAfghanistanandPakistan. I went twice fora very short time duringTaliban. I was kindofonthe run fromthem . I went there (referringto

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Pakistan ). Inthe past when I said I'venever been to Pakistan, I meant those cities, Quetta and Muridke, like you mentionedbefore.

PresidingOfficer: Thankyou forthe clarification.

DesignatedMilitaryOfficer Youwere allowedto use a penin your cellto write your statement. Canyoutell us a reasonwhy ?

Detainee: They're or sixpensforthe entireblockandmostofthe timethey don't haveenoughto give ( for Detaineewho [ (one . I askedfor translator, cellblocktranslator, andthanthe guards, MilitaryPolice, wouldn'tallowthat translatorto ...becausemy dictationisnotgoodinFarsi...so I neededhelp. The guards said, " , we are not goingto allowcellblocktranslatorto translatefor you. Your AdministrativeReviewBoardtranslator write itdown for you. That'swhy I requested[ a] followup ...so this translatorwill belpme and writemystatement.

DesignatedMilitary Officer: Obviously, the translator did help youwrite your statement, is that correct ?

Detainee: Yes, this is the translator who did write for me, did help me, and did write for me my statement.

PresidingOfficer: I just want to make sure that between these three meetings that you did have sufficient time

Detainee : Yes, they actually they explained all the Administrative Review Board procedures to me. They showed me and explained to me all my allegations and they helped me with my answers . Whatever I said they took notes and they read itback to me to make sure everything is accurate .

Administrative Review BoardMember's questions:

BoardMember: When you were the commanderfor the police inGardez, how did you get that job?

Detainee: As I mentionedearlier, whenthe Americanscameandallthese processes started againstthe Taliban, peoplelike GeneralMomeenandPachaKhan, all tribal leadersthey invitedeverybody, who againstTaliban, to fight againstTaliban alongwithAmericans. GeneralMomeen PachaKhan me I joinedthe Americanforcesandanti- Talibanforces and I foughtagainstthem . After that, there was kind ofa tribalcouncilandthe first thingthat they did, after fallofTaliban, they were worryingabout securityofthis city. That's whythey kind ofawardedme andsince I had the experiencein this area . They gave methejob ofassistant security officer andthen whenTaj-MuhammadWardak, the newgovernmentcame. Hepromotedme to commanderofsecurity ofthe city,

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Board Member: Was the head of security there; that the same as the criminal investigation job ? Did they go together ?

Detainee: Yes, theybothbelongto police forces. AfterfallofTalibantherewasn't likea legitimategovemmentthey appointedme this positionofsecurityofficer or criminal investigationandthey bothmean the sameinAfghanistan. Whenthe governorcame, then hecreatedthis commanderofsecurityposition

Board Member: How large of an area were you responsible for ?

Detainee: It was the city of Gardez .

PresidingOfficer: Notthe provinceofPaktia ?

Detainee: When I was assisting security officer or criminal investigator, I was only responsible for the city of Gardez, but when I got] promoted to commander then the whole province of Paktia was under my command . It means the city of Gardez and all the villages around it. Some of the villages were against the government and Americans . I had to provide security for the whole town of Paktia .

PresidingOfficer: How manypeopleworkedfor youwhenyouwere incommand position?

Detainee: Six hundredtwentysoldiers, one hundredseventy officers, andothersixty, seventyother people likeclerks who do likeclerks. Itwouldn'tcoverallthe villages andallthe provinceofPaktia, becausethe governmentwas so newthat we didn't havelike our representativeinmanyvillages. Wetalk aboutthe whole provinceof Paktiaitwouldbe like 1,300or 1,400 persons, butwe don'thaveenoughpeople. Most villagesthe governmentjust didn'thaveany powerover them .

BoardMember: Wereyouever awareofany attacks onAmericansinyour province?

Detainee: No, actuallysometimes they wouldfire missilesfrom outsideto (wards] Americans, but there [ weren't any organizedattacksagainst Americans. Only one incidentinthe placeof...as I mentionedearlierShahi-khot. There was one area that there was an attack againstAmerican[ s]. We shotwith others...withAmericans...and we went there ... foughtagainstthem andwe destroyedthemandthat was the only time.

Board Member: Didyou say in 1989 you were in Egypt ?

Detainee: Why do youhavethatinmyfile ? Why is there somethingnew ?

BoardMember I think I misunderstood.

Presiding Officer He thought he heard that.

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Detainee: I don'tevenknowallthe citiesandprovincesinAfghanistanand nowyou are talking (inaudible)

BoardMember: No, itwas a mistake. GeneralMomeenis the sametribeas you ?

Detainee: He's from Gardez, buthe is not my relative or anything like that.

Board Member: How did you meet him ?

Detainee: Before the Taliban came to power , during Rabanni's government; he used to be a commander for Rabanni's government. I know him from there. When Taliban took the power I was on the run . I don't know anything ...

BoardMember: Whatwereyour day-to-day duties as securitycommander?

Detainee: We had about 22 branches and we did all the jobs that normally police officers would do .

BoardMember: Wasthereany othersecurity forceswithinthe city ?

Detainee: There were military forces. They would call it compound number 12, [which ) [it was was appointed[ ] the defense ministry, so there were militaryofficers too . The other compoundwas number 15. On the border area they hadmoremilitaryofficers, and I don't know they called it like war campaignor compound, somethinglikethat, many Afghans were with Americansparticipatinginthat campaign. Intelligenceservices were out there inthat time.

BoardMember: Andthatwas separate fromyourunit ?

Detainee: Of course . Our units there own military, they had their own bosses , and their separate jobs

BoardMember: What was yourpositiongoing to be inKabul?

Detainee: Our defense ministry, they created a newoffice, they wouldcall it Shahra, and they were responsible for takingthe security of the roads. I was commanderofthat.

BoardMember: Yousaidyoulaid lowfor a periodofthe time duringthe Taliban What didyoudo?

Detainee: InAfghanistanit'scommon...mostlywe have lands and wework as a in our lands. Inthe beginning, whenTalibantook the power I was kindofonthe run, but somebodynamedBahramSanator, he wasone ofthe triballeaders; hetalkedwith Talibanand guaranteedmy safety. HetoldTaliban, "He'snotgoingto haveanythingto do withthem andleavethem alone. That's whythe Talibanafterthatthey wouldn't giveme anyjob or anything, becauseI was againstthem butthey wouldat leastletme

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livemy life. I was busy withmy...I had apieceoflandand I was working on my land andthat's howI money.

Board Member : A farmer ?

Detainee: Yes, a farmer.

Board Member : I have no further questions.

Detainee : InAfghanistan every time the government changes, people in power usually bring their own people, their own relatives. Itis very common for a doctor or an engineer or for a military officer to just go and work as a farmer. When a government changes people have no choice , in order for to survive, they go and they do whatever they can . There's no justice . They will hire the people who would know the job . Everybody brings his or her own relatives and people that they know . Every time a new governor comes to the province, the governor will bring his friends and his families and give the best positions, even if they don't know how to do the job . The same thing ...in Kabul when a new minister gets the job , they bring from his city from his tribe , he's going to bring all the people he knows from his tribe . They don't care, ifthey know how to do the job or not.

BoardMember: Were youa militarycommanderin Kabul, 1995to 1998?

Detainee: I mentionedin the past, beforethe Taliban, forRabanni'sgovernmentI used to work inGardezfirst. Whenthe Talibancame to power, I was injail for threemonths. After that I was the run, am familiarwiththe dates, I amnotvery educated. I don'tknowthedates. WhenTalibantook over Gardez, the Talibanstarted to come from the southfirst. ThenI runto Kabulthe Rabannigovernment( inpowerthere. workedfor one year ( there as a commander. I worked forone year overthere ( Kabul) andthenTalibanfinallytook over. AftertheTalibantook over] I was injailfor three months, thenI was on the run, andthenI home.

PresidingOfficer: Mujahid, youhaveclearlybeen a leaderin Gardez. Doyou intendifyou returnto assumeleadershippositionsagaininGardez?

Detainee: No, I wasn't likea leader. I was morelikeservantofthe government. I helpedthe [ in] this new process. I foughtagainstgovernment'senemies and Americans' enemiesandtheyjust awardedme withthis positionto serve the people. When go back it doesn'tmatter, I don't have to go andbe a leader, or have a positionin Gardez. They can send me to any city inAfghanistanandgive methe lowestpositionI will work for the governmentand Americans. Incase, they don't give meany job I will go back workas a farmer. I don't wantto be leaderofthe people. I'mresponsiblefor my ownlife, for my own city. [ inmy family, my father is stillalive, is the oldest, andhe makesthe decisions. I'mnot allowedto make decisionfor anybodyelse. nobody's leader. I'mjust responsiblefor myself.

ISN 1100 Enclosure( 6 ) Page 14 of 16

21880 UNCLASSIFIEDI

PresidingOfficer you tell about your arrest ? When were you arrested ? Who arrested you ?

Detainee: Ofcourse, why not? As I mentionedearlier, I gottransferredto Kabul The interiorministersent mebackto Gardezto bringallthe oldertribal leaders Kabul, because wantedtohave a tribalmeetingwiththem . When I was sent to Gardez...I went there... hadsomework to finish. [ The keepers wouldprovidemeat, groceries, everythingfor the security officersandthe newcommandertoldmethat we stillowedthem money. I was thereto helpthe ( shopkeepers) withpaperworkto gettheir moneybackfor [the] peoplewho wouldprovidethe armyandpoliceforceswithfood and it was mycousin'swedding. My cousin was gettingmarried... I there for a couple ofdayslongerthanI wassupposedto beto finishthatbusinessand also to attendmy cousin'swedding. Itwas Wednesday...actually, I was planningto returnto Kabulwithall ( the) olderpeopleonFridaybutitwas Wednesdaybeforethe sunriseand it was raininga littlebitandmyfathercalledme, was inthe backyard, andhecalled myname" Abdullah, thereare peoplehere. They want to see you. " I went outside, I said, "Hello, to themand I invitedthemfor tea. They said, " " Theyrefuse to have tea inmyhouseandthey said, want youto go withus to the... Whathecalls " campaign ? Thosecampaignpeoplewantto see youandthey want to talk withyou . I toldthem I did nothave mydriverwithme, ifyouwant meto go with you, wouldyou givemea ride back. I just hadmy pantsandmyshirt, so I asked mybrotherto giveme hishat andshawl... I borrowedthat himand I told him I'll giveitbackto him when return. WhenI wenttherethey askedme ifI knowsome badpeople. “ Doyou knowany badpeople ? Ifyouknowany ofthempleasereportto us." Withoutsayingany names whenthey asked me ifI some badpeople, who were anti-Americans? I was very happyto hear...that I toldthem wish...youhadasked mefor the pasttwo years we should'veworkedtogetherinthe pasttwo years . I was happythat they were seekingmyhelp andwe were goingto work together. I told them that I workedin [ the] policedepartmentandI'm the commander of police forces ofcourseI willprovide youalltherecordsthat we have...[ of] people, who wouldusedrugsor do stealing, allthe thieves, andcommitadultery andothercriminalstuff. I toldthe Americansthat I was goingto provide[ a] listofallthosepeopleand they laughedandthey said, “ Don't pretendthat youdon'tknowwhat we're talkingabout" Theofficer asked me, " , we are talkingaboutZia Udeenandwe are askingabout Shireen. I toldthem they are good peoplethey work forthe government. The officertook mywatchoffmywrist andheput itonhiswristandhe said, " Whatifsomebodytakes your watchfromyour handandjust take it likethat for himself. Whatkindofpersonis that?" I said, “ That would be a thief " They toldme that Zia UdeenandShireen, they are bothofthemare thieves. I saidthey haven'tstolenanythingfrom me, butifyouhave somecasesor somepeople claimingthatthey (referringto Zia UdeenandShireen) are thieves. Theycanwrite a reportandwe will follow up...wehavepoliceforces...we have your forces. We can followup and figureout whetheritistrue ornot. Thatofficertook mywatchandhe left the room . Fiveor six officersenteredthe roomandoneofthem methat hewas very short- temperedandI need to talk withhim ). Pleasedon'ttalk to methe way youtalkedwiththe previousofficer. I toldthe officer...withthe kindof lifethat you ISN 1100 Enclosure ( ) Page 15 of 16 21881 UNCLASSIFIEDI/ UNCLASSIFIEDI/

Americans inyour country ...with all the freedom ... the food... the good life and you are telling me you are short -tempered. Then we poor Afghans, we shouldn't have any kind ofpatience. How can you tell me that ? The officer told me you know what don't have time to talk to you think your place is in all left and then I heard the helicopter come)...and they just handcuffed me.. there... it's just going on and onwith these interrogations ... all these things. I think the first that came bebind my door and take me away might be in Kabul ...and they still might work there. Ever since I came here I hear different names from Gulbuddin ...to Bin Ladin ...to Jalaluddin . All the terrorists ...they keep adding...they're asking me... refuse since innocent I don't have comections with them . Everyday I see something new inmy file . Until today, I really don't understand what kind ofcrime I have committed and what I have done against Americans other than serving them ...and helping them During the interrogations ...they asked medifferent questions. When they took me for a ] polygraph test they asked me two [ or] three different questions. During the first tribumal they asked] me different questions...(today are asking me different questions.

The Presiding readthe post-Administrative Review Boardinstructions to the and adjourned the open session of theAdministrative Review Board.

ThePresidingOfficeropenedthe classifiedportion ofthesession

The Presiding Officer adjourned the classified portion ofthe session andthe Administrative Review Board was closed for deliberation andvoting.

AUTHENTICATION

I certifythe materialcontainedinthis transcriptis true andaccuratesummary ofthe testimony given duringthe proceedings.

Captain, USN PresidingOfficer

ISN 1100 Enclosure ( 6) Page 16of 16

21882 Detainees Statement #1100 Abdullah Mujahid

A. Commitment

The detainee went to fight in the jihad against the Russians between 1987 and 1991.

A During the Russian I was a little kid; from the age of 16 or 17 I participated in Jihad , and only fought against Russians for 8 months. After their withdrawal I fought against the communist government of Najibullah .

2- The detainee was an Assistant Investigation Commander for the police in Gardyz between 1992 and 1995. Between 1995 and 1998, he was the military commander of an air defense base in Kabul. 2001 until 2003 was a Criminal Investigation Officer for the Gardyz police.

A /2- During the Taliban regime I lie low and stayed at home. Before the Taliban came to power I was working only for the period of one year for Rabani's government in the military air base in Kabul. After the Taliban's fall I served as an Assisting Criminal Officer of the city of Gardyz and then as Security Commander for the Karzai government also in Gardyz

3- The detaineewas responsiblefor an attacknear Gardyz, Afghanistan, whichcaused the deathofone Americanandinjuryoftwo others.

A / 3 . That is true. This incident never happened in the city of Gardyz and I never heard anything about it. I never fought against Americans nor did I encouraged anyone or organize such an attack

B. Connections/ Associations

1- The detaineewas a formerLashkar- e -Tayyiba(LT) commander.

B/ 1- I don'tevenknowthe meaningofthisword; this isthe first time I heard this wordhere. I neverwas askedaboutit duringthe interrogationor the tribunal. I don'tknowanythingaboutit.

2- The Lashkar- e - Tayyiba(LT) is the armedwing ofthe Pakistan-basedreligious organization, Markaz -ud - Dawa-irshad (MOI), a Sunni anti- U.S. missionary organization formed in 1989

B / 2- I don'thaveany informationaboutit, I don'trecognizethe organization. In 1989 I was a 16 or 17 yearsoldteenager

The Pakistaniterrorist group Lashkar-e - Tayyiba (LT) had been transporting and hidingalQaidamemberswho escapedfrom Afghanistan. The detaineewas

Enclosure( 4 ) EC - C 21883 Page of Detainees Statement # Abdullah Mujahid

identified as working inQuetta, Pakistan, assisting al Qaidamembers to move out of Afghanistan

B / 3- In time I was one ofthe first personswho fought against theTaliban and against Al Qaida in support of Americans. I was inthe area ofShahi-khot, city ofGardyzwiththe Americansandsoldiers ofKarzai'sgovernmentandeverybodyin the city ofGardyzknowsaboutit. HowcouldI fight against Qaidaandat the same time helpthem to runout ofAfghanistan? Actually I nevertraveledto Quetta, Pakistannordo I knowthe way to get there.

The detainee was identified as a member of the Military Council for the Laskar- e Tayyiba (LT).

B /4- already answered to this allegationin B / 2 B 3 .

5. The detaineewas chosento replaceMuhammadAzamCheemaas the Chiefof OperationsinIndiaduringanLTmeetinginMuridke, Pakistan, inlateFebruaryto March2003.

B / 5- I havebeendetainedfor the pasttwo years here and priorto this I livedinthe city ofGardyz. Suchallegationsmakeme thinkthatmaybeaccidentallyyou mixed up myfilewith somebodyelse.

6- The detainee was reported to have ties to Hezb - e - Gulbuddin and al Qaida

B /6- I don'thave any ties to GulbuddinandAl Qaidanor hadI any connectionwith them inthe past, andI don'twant to dealwiththeminthe future.

Hezb e - IslamiGulbuddin(HIG ) is a factionofthe Hizb- e - Islamiparty, and it was one of the major mujahedin groups in the war against the Soviets. HIG has long established ties with Bin Ladin .

B / 7-It nothingto do withme.

8- The detainee is affiliated with Mullah Abdul Fatah, a member of al Qaida , who conducted a meeting in Kabul, Afghanistan, on 16 Aug 2003 , to recruit former explosive experts to conduct attacks.

B / 8- I have been asked about this during the interrogations, too, but I don't knowthis personand neverheard ofhis name.

The detaineewas incontactwith SaifUrRahman, a TalibancommanderinGardyz and , an al Qaida commanderinPakistan. The detaineeworked against the U.S. and internationalSecurity Assistance Force( ISAF) forces and the Afghangovernment. The detainee hadties to local anti-coalitionmilitias.

Enclosure( 4 ) EC-C 21884 Page Detainees Statement #1100 Abdullah Mujahid

B / 9- ThesetwopeoplewereTalibancommandersandI was detainedfor a while duringthat timeandthenafterthat lie low . They were famous as the humanbutchers. DuringNajibullah'sgovernmentthey killedmorethan3000 men, womenand childrenofGardyzwithguns. I heardoftheir names becauseallthepeopleof Gardyzknowthemby the name ofkillersofinnocentpeople. Thesetwo peopleare fromtwo differentvillages ofPaktiaandI don'tknowthemand I don'thave any personal, tribal or verbal ties withthem . Duringthe Karzai'sgovernmentI was the securitycommanderofGardyzwhile andHaqqaniwereagainstusofthe government. You canreviewmyfile aboutthis matter since give detailed informationto the interrogators. Notonly I haveneverbeenagainst Americanor other foreignersworkinginAfghanistanbutalso I providedsecurityforthem . You canask the Americanandforeignerswho workedthere.

[ The detainee didnot address B / 10 nor B / 11

Intent

1. Duringa with an Afghan Military force commander, General Zia Udeen and the detaineediscussedoperationstocreatedisorderinthe outlyingareas around Gardyzto disrupt civilsecurity.

Zia Udeenis the currentgovernment'sgeneralandI neverhada privatemeetingwith him . We both are supportingthe current process, and we both servedforthe safety of Afghanistan.

D. Other relevantData

The detainee was in the Afghan military during the Rabbani government and fought against the Taliban. Hewas appointedas headof securityfor GardyzandPaktia, and continuedin this positionduringthe Karzaigovernment.

After the fall of Rabbani's government until Karzai's took power I did not work for the government. I was laying low and stayed at home. Two or three months before the fall of the Taliban when the Americans came to Afghanistan I got an invitation General and Pacha Khanto join the fight against Taliban and Al Qaida That is why I was awarded the post of head of security for .

2. The detaineewas firedandreplacedas Directorof Securityforthe Gardyzarea due to suspicions of collusion with anti- government forces.

I was fired. I got transferredfromGardyzto Kabul Thisactuallywas a promotionto a betterpostinKabul. At that timenoothercommanderwouldaccept the transfereasily but I obeyedthe government'sdecisionto go to Kabul; therefore the interiorministerMr.Jallaligiveme a caras a gift.

Aboutthe suspicionthat I am associatedwithforcesthat areanti-U.S. is a lie.

Enclosure ( 4 ) EC - C 21885 Page 3 of 9 Detainees Statement # 1 100 Abdullah Mujahid

a The detainee stated he was never associated or affiliated with any Taliban or Al Qaida members, nor was he ever part of any military council associated with anti U.S. and anti -coalition activities

That is correct.

b The detainee stated he approves of the American involvement in Afghanistan because they are improving the country for everyone. When asked his feelings on Jihad, the detainee stated he simply fought against the Russians when he was handed a weapon

That is correct

The detainee claimed that neither he nor Zia Udeen did anything to create internal strife between competing villages and groups in Gardyz and Paktia .

That is correct andthere was never a conflict among the villages in Paktia.

d The detaineestated heardof AbdulFatah.

Thatiscorrect.

Additional comments and plans for the future Youcan check the recordduringmy stay here fromyour computers, I never had any mess-upsor any problems. I havealwaysbeenvery obedient. I consider myself innocent and I have committed no crime. Personal animosity and conspiracy are common in Afghanistan By now you should have realized that these allegations against me are baseless and not true, since no evidence exists against me. I request this board not to repeat the same mistake that the previous tribunal made by not turning away from the truth and misjudging my case Incase of my release, I would like to say that I am a poor man and don't have enough money to start a business, but I will accept any jobs from the Americans or the government of Afghanistan, no matter where inAfghanistan. I will do my duty to the best ofmy ability to serve my country as I did in the past. America is Afghanistan's only and last hope. I realize that all these years of misfortune that Afghans bave been through , finally the Americans came to help us in rebuilding our country Then why would I want to hurt some one who is going to help my country ?

Enclosure ( ) EC - C 21886 Page 4 of Detaine's Statment AbdullahMujahid # 1100

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