TO : Personal Representative 1. the Detainee Was a Local Commander

Total Page:16

File Type:pdf, Size:1020Kb

TO : Personal Representative 1. the Detainee Was a Local Commander UNCLASSIFIED CombatantStatusReviewBoard TO : Personal Representative FROM: OIC , CSRT ( 05 October 2004) Subject: Summary of Evidence for Combatant Status Review Tribunal – KHAN Haji Nasrat 1. Under the provisions of Secretary of theNavy Memorandum , dated 29 July 2004, ImplementationofCombatantStatusReview Tribunal ProceduresforEnemyCombatants Detainedat GuantanamoBay NavalBase Cuba, a Tribunal has been appointed to review the detainee'sdesignation as an enemy combatant. 2. An enemy combatant has been defined as an individualwho was part ofor supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces. 3. The United States Government has previously determined that the detainee is an enemy combatant. This determination is based on informationpossessed by the United States that indicates that he is a member of Hezb- E -Islami Gulbuddin (HIG ) and engaged in hostilities against the UnitedStates or its coalition partners. a. The detainee was a member ofa TerroristOrganization tied to al Qaida: 1. The detainee was a local commander inthe HIG. 2. The detainee was a primary coordinator for the HIG in Sarobi, Afghanistan. 3. HIG leadership reportedly had a plot to kidnap one or more coalition force members to use as hostages in exchange for arrested HIG leader HajiNazrat Khan (detainee) and his son Izat. 4. The HIG is an active terrorist organization in Afghanistan with long establishedties to UsamaBinLaden. b. The detainee was engagedinhostileactivitiesagainstthe United States or its coalitionpartners: 1. Large caches of weaponswere recoveredfrom the compound where detainee lived, including 107MM rocket launchers, PKM's, AK -47's and Uniforms. 2. At the time of detainee's capture, the HIG was conducting surveillance and planning rocket attacks against US forces in the area. 4. The detainee has the opportunityto contest his designationas an enemy combatant. The Tribunal will endeavor to arrange for the presenceof any reasonably available witnesses or evidencethat the detainee desires to call or introduce to prove that he is not UNCLASSIFIED Exhibit UNCLASSIFIED an enemy combatant. The TribunalPresidentwill determinethe reasonableavailability ofevidenceor witnesses. UNCLASSIFIED.
Recommended publications
  • Massacre of Hazaras in Afghanistan
    1 Genocide OF Hazaras In Afghanistan By TALIBAN Compiled by: M.A. Gulzari 5th March 2001 2 To those innocents, who killed by Taliban. A Hazara Hanged publicaly in Heart Bazar 3 CONTENTS CHAPTER 1 Massacres of Mazar Eyewitness………………………………………………………………………………… ……….4 MASSCRES OF MAZAR SHARIF………………………………….8 I. SUMMARY AND RECOMMENDATIONS .........................................................................12 BACKGROUND ......................................................................................................................16 III. THE FIRST DAY OF THE TAKEOVER ...........................................................................18 8 The Taliban fly white flags from their vehicles.......................................................................23 V. ABDUCTIONS OF AND ASSAULTS ON WOMEN..........................................................24 V. ABDUCTIONS OF AND ASSAULTS ON WOMEN..........................................................25 VI. DETENTIONS OF PERSONS TRYING TO LEAVE.........................................................26 II. ATTACKS ON CIVILIANS FLEEING MAZAR.................................................................27 VII. THE APPLICABLE LAW.................................................................................................28 VIII. THE TALIBAN’S REPRESSIVE SOCIAL POLICIES....................................................29 IX. CONCLUSION...................................................................................................................30 CHAPTER2………………………………………………………………………………
    [Show full text]
  • The Current Detainee Population of Guantánamo: an Empirical Study
    © Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct.
    [Show full text]
  • Contents EDITORIAL, POLITICAL ANALYSIS, 3 a Quarterly Publication of MILITARY REPORT
    AECHAN JEHAD Contents EDITORIAL, POLITICAL ANALYSIS, 3 A Quarterly Publication of MILITARY REPORT, The Cultural Council of Grand table of Afghanwar casualties Afghanistan Resistance (April -June, 1988) Afghans and the Geneva accordon Afghanistan 14 MANAGING EDITOR: ® MAJOR DOCUMENTS: 21 Sabahuddin Kushkaki 1. Text of charter for mujaheddin transitional April-June, 1908 government; (2) Text of Geneva accord on Afghan- istan; (3) IUAM and the Geneva accord; (4) Muja- SUBSCRIPTION heddin offer general amnesty; (5) IUAM President urges trial for PDPA high brass; (6) Biographies Per Six Annual of IUAM transitional cabinet; (7) Biographies of copy months three IUAM leaders; (8) Charters of the IUAM Pakistaa organizations; (9) Annual report of Amnesty In- (Ra.) 30 60 110 ternational on Afghanistan, Foreign AFUHANISTAN IN INTERNATIONAL FORUMS: (s) 6 12 30 1« Islamabad Conference on Afghan future 2. Karachi Islamic meeting 3. Paris Conference: Afghan Agriculture Cultural Council of Afghanist- 0 IRC Survey on health in Afghan refugeecamps.97 Resistance CATALOGUE OF MUJAHEDDIN PRESS House No.8861 St. No. 27, G /9 -1 99 103 Islamabad, Pakistan 0 DIGEST OF MUJAHEDDIN PRESS Telephone 853797 (APRIL-JUNE 1988) ® BOOKS BY THE MUJAHEDDIN, FOR THE 164 MUJAHEDDIN 0 CHRONOLOGY OF AFGHAN EVENTS 168 (APRIL-JUNE 1988) 0 AFGHAN ISSUES COVERAGE: 318 By Radio Kabul, Radio Moscow (April -June, 1988) 0 MAPS 319 -320 0 ABBREVIATIONSLIST 321 FROM MUJAHEDDIN PUBLICATIONS MA Juiacst-- April -June, 19 88 Vol.1, No.4 AFGHAN JEHAD Editorial Q o c':. NC(° IN ME NAME OF GOD, MOST GRACICJUS, MOST MERCI.FU AFTER GENEVA Now that the Russian troops are on than way out from Afghanistan,' the focus on the Afghanistan issue is on two subjects; the nature of government in Kabul and finding a channel for the huge humanitarian assistance which the international community has indicated will provide to the war,ravaged Afghan- istan after the Soviet.
    [Show full text]
  • Routledge Handbook of U.S. Counterterrorism and Irregular
    ‘A unique, exceptional volume of compelling, thoughtful, and informative essays on the subjects of irregular warfare, counter-insurgency, and counter-terrorism – endeavors that will, unfortunately, continue to be unavoidable and necessary, even as the U.S. and our allies and partners shift our focus to Asia and the Pacific in an era of renewed great power rivalries. The co-editors – the late Michael Sheehan, a brilliant comrade in uniform and beyond, Liam Collins, one of America’s most talented and accomplished special operators and scholars on these subjects, and Erich Marquardt, the founding editor of the CTC Sentinel – have done a masterful job of assembling the works of the best and brightest on these subjects – subjects that will continue to demand our attention, resources, and commitment.’ General (ret.) David Petraeus, former Commander of the Surge in Afghanistan, U.S. Central Command, and Coalition Forces in Afghanistan and former Director of the CIA ‘Terrorism will continue to be a featured security challenge for the foreseeable future. We need to be careful about losing the intellectual and practical expertise hard-won over the last twenty years. This handbook, the brainchild of my late friend and longtime counter-terrorism expert Michael Sheehan, is an extraordinary resource for future policymakers and CT practitioners who will grapple with the evolving terrorism threat.’ General (ret.) Joseph Votel, former commander of US Special Operations Command and US Central Command ‘This volume will be essential reading for a new generation of practitioners and scholars. Providing vibrant first-hand accounts from experts in counterterrorism and irregular warfare, from 9/11 until the present, this book presents a blueprint of recent efforts and impending challenges.
    [Show full text]
  • Unclassified I Fouo "'-~ .... - ..""''''
    "'""-------- UNCLASSlflED I FOUO Summarized Detainee Statement When asked by the Tribunal President ifthe detainee understood the CSRT process, the Detainee answered, "Yes." When asked by the Tribunal President ifthe detainee had any questions concerning the Tribunal process, the Detainee answered, "No." Tribunal President: Do you wish to make a statement to this Tribunal? Detainee: I don't have anything. Tribunal President: Would you like your Personal Representative to assist you with any comment to the Tribunal. Detainee: He has some information about me. I don't have any problem with that. Tribunal President: Personal Representative will you please present that to the Tribunal. Personal Representative: The detainee and I met on 11 October 2004 for approximately seventy-five minutes. We had a good dialogue and the detainee was respectful throughout the interview. He was read the unclassified swnmary during that interview. I would like to review each piece ofevidence on the unclassified summary and the detainee's response to those items. 3.a.1. (The detainee traveled from Saudi Arabia to Afghanistan via Pakistan.) He stated yes he did travel to Afghanistan. He traveled to teach the Koran. He left Saudi Arabia on his own free accord as an individual. He did not leave Saudi Arabia as a member ofany Non Government Organization or sanctioned. mosque, charity, or organization. Personal Representative: Is this about what you recall? Detainee: Yes. Personal Representative: Would you like to add anything to this statement? Detainee: No. Personal Representative: 3.a.2. (The detainee stayed for one week in a known safe house in Jalalabad., Afghanistan.) Upon hearing this question the detainee asked me what is a safe house? After describing what a safe house was, the detainee stated he had never been in such a place nor had he been in Jalalabad.
    [Show full text]
  • 6455.Pdf, PDF, 1.27MB
    Overall List Along With Domicile and Post Name Father Name District Post Shahab Khan Siraj Khan PESHAWAR 01. Station House Incharge (BPS-16) Sana Ullah Muhammad Younas Lower Dir 01. Station House Incharge (BPS-16) Mahboob Ali Fazal Rahim Swat 01. Station House Incharge (BPS-16) Tahir Saeed Saeed Ur Rehman Kohat 01. Station House Incharge (BPS-16) Owais Qarni Raham Dil Lakki Marwat 01. Station House Incharge (BPS-16) Ashfaq Ahmad Zarif Khan Charsadda 01. Station House Incharge (BPS-16) Saud Khan Haji Minak Khan Khyber 01. Station House Incharge (BPS-16) Qamar Jan Syed Marjan Kurram 01. Station House Incharge (BPS-16) Kamil Khan Wakeel Khan PESHAWAR 01. Station House Incharge (BPS-16) Waheed Gul Muhammad Qasim Lakki Marwat 01. Station House Incharge (BPS-16) Tanveer Ahmad Mukhtiar Ahmad Mardan 01. Station House Incharge (BPS-16) Muhammad Faheem Muhammad Aslam PESHAWAR 01. Station House Incharge (BPS-16) Muslima Bibi Jan Gul Dera Ismail Khan 01. Station House Incharge (BPS-16) Muhammad Zahid Muhammad Saraf Batagram 01. Station House Incharge (BPS-16) Riaz Khan Muhammad Anwar Lower Dir 01. Station House Incharge (BPS-16) Bakht Taj Abdul Khaliq Shangla 01. Station House Incharge (BPS-16) Hidayat Ullah Fazal Ullah Swabi 01. Station House Incharge (BPS-16) Wajid Ali Malang Jan Mardan 01. Station House Incharge (BPS-16) Sahar Rashed Abdur Rasheed Mardan 01. Station House Incharge (BPS-16) Afsar Khan Afridi Ghulam Nabi PESHAWAR 01. Station House Incharge (BPS-16) Adnan Khan Manazir Khan Mardan 01. Station House Incharge (BPS-16) Liaqat Ali Malik Aman Charsadda 01. Station House Incharge (BPS-16) Adnan Iqbal Parvaiz Khan Mardan 01.
    [Show full text]
  • Afghanistan Bibliography 2019
    Afghanistan Analyst Bibliography 2019 Compiled by Christian Bleuer Afghanistan Analysts Network Kabul 3 Afghanistan Analyst Bibliography 2019 Afghanistan Analysts Network (AAN), Kabul, Afghanistan This work is licensed under this creative commons license: Attribution-NonCommercial-NoDerivatives 4.0 International https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode The Afghanistan Analysts Network (AAN) is a non-profit, independent policy research organisation. It aims to bring together the knowledge, experience and drive of a large number of experts to better inform policy and to increase the understanding of Afghan realities. It is driven by engagement and curiosity and is committed to producing independent, high quality and research-based analysis on developments in Afghanistan. The institutional structure of AAN includes a core team of analysts and a network of contributors with expertise in the fields of Afghan politics, governance, rule of law, security, and regional affairs. AAN publishes regular in-depth thematic reports, policy briefings and comments. The main channel for dissemination of these publications is the AAN web site: https://www.afghanistan-analysts.org/ Cover illustration: “City of Kandahar, with main bazaar and citadel, Afghanistan.” Lithograph by Lieutenant James Rattray, c. 1847. Coloured by R. Carrick. TABLE OF CONTENTS Bibliography Introduction and Guide ..................................................................... 6 1. Ethnic Groups ...................................................................................................
    [Show full text]
  • United States District Court for the District of Columbia
    RECORD NO. 16-CV-01462 In The United States District Court for the District of Columbia ASADULLAH HAROON “AL AFGHANI” GUL (ISN 3148), Petitioner, v. DONALDJ. TRUMP,et al., Respondents. ______________ BRIEF OF AMICUS CURIAE MINISTRY OF FOREIGN AFFAIRS OF THE ISLAMIC REPUBLIC OF AFGHANISTAN IN SUPPORT OF PETITIONER ______________ Francis A. Vasquez, Jr. [Bar # 442161] Joseph Margulies F.A. VASQUEZ CONSULTING PROFESSOR OF THE PRACTICE 2109 Arrowleaf Drive OF LAW AND GOVERNMENT Vienna, VA 22182 243 Myron Taylor Hall (571) 363-7747 Cornell University Law School [email protected] Ithaca, NY 14850 (607) 255-6477 [email protected] Counsel for Amicus Curiae GibsonMooreAppellateServices,LLC 206 EastCary Street P.O.Box1460(23218) Richmond,VA 23219 804-249-7770 www.gibsonmoore.net TABLEOF CONTENTS Page: TABLEOF AUTHORITIES....................................................................................ii STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE, ITS INTEREST INTHE CASE, AND THE SOURCE OF ITS AUTHORITY TO FILE ITS BRIEF ........................................................................................................ 1 SUMMARYOF THEARGUMENT...........................................................................3 STATEMENTOF FACTS........................................................................................4 ARGUMENT...........................................................................................................10 I. HAROON SHOULD BE RELEASED BECAUSE ALL HOSTILITIES BETWEEN HIA AND THE UNITED STATES HAVE CEASED
    [Show full text]
  • Doctors As Pawns? Law and Medical Ethics at Guantanamo
    MARKSFINAL 4/13/2007 10:58:47 AM Doctors as Pawns? Law and Medical Ethics at Guantánamo Bay Jonathan H. Marks∗ I. INTRODUCTION This symposium poses the question: “Guantanamo Bay: How should we respond?” When I thought about this question, it oc- curred to me that we talk about “responding” in a number of ways. We respond in games, such as chess or bridge. But the detention pol- icy of the Bush Administration (“the Administration”) is not a game—certainly not from the perspectives of those who are being (or have been) detained at Guantánamo Bay for prolonged periods since the “global war on terror” began. We also respond in conversation. However, we should not permit rhetoric to distract from action on the ground. Statements of interrogation and detention policy are one thing (especially when prepared for public consumption or in response to public criticism); interrogation and detention practices may be quite another. We respond in negotiation. That model, too, makes me uncomfortable. My intuition and my legal training tell me that some things should simply not be negotiable, among them cer- tain absolute commitments to fundamental human rights: freedom from cruel, inhuman, and degrading (“CID”) treatment, as well as freedom from torture. This is, after all, the position adopted in two core human rights treaties: the International Covenant on Civil and Political Rights (“ICCPR”),1 and the Convention against Torture and ∗ Associate Professor of Bioethics, Humanities, and Law at the Pennsylvania State University; Barrister and Founding Member, Matrix Chambers, London. The author is Director of the Bioethics and Medical Humanities Program at the Pennsyl- vania State University’s main campus at University Park.
    [Show full text]
  • The “Journey of Death” 1
    THE JOURNEY OF DEATH – OVER 700 PRISONERS ILLEGALLY RENDERED TO GUANTANAMO BAY WITH THE HELP OF PORTUGAL 28 January 2008 THE “JOURNEY OF DEATH” 1 - OVER 700 PRISONERS ILLEGALLY RENDERED TO GUANTANAMO WITH THE HELP OF PORTUGAL - Reprieve can now conclusively show that Portuguese territory and airspace has been used to transfer over 700 prisoners to torture and illegal imprisonment in Guantanamo Bay. Through comparing flight logs obtained from Portuguese authorities, 2 information from the US Department of Defence showing dates of arrival of prisoners at Guantanamo Bay, and unclassified testimony from many of the prisoners themselves, 3 Reprieve is for the first time able to name 728 prisoners rendered to Guantanamo Bay through Portuguese jurisdiction. 1 So said Adil Al-Zamil, prisoner transported on Flight RCH108Y through Portuguese jurisdiction to Guantanamo Bay: “I call the journey to Guantanamo ‘the journey of death.’ I discreetly wished that the plane would fall to end the pain I felt.” Source: Kuwaiti Gitmo Detainees Speak Out about Abuse, By Rania El Gamal, Kuwait Times, December 1, 2006 2 Flight logs obtained by Ana Gomes MEP in 2006 reveal that on at least 94 occasions aircraft crossed Portuguese airspace en route to or from Guantanamo Bay between 2002-2006 . On at least 6 occasions rendition aircraft flew directly from Lajes in the Azores to Guantanamo. See appendix for full copies of the logs. 3 The US Department of Defence has released ‘in-process’ records of Guantanamo inmates, detailing when prisoners were first weighed and measured on entry to the prison. It is possible confirm the identities of prisoners transported to Guantanamo through Portuguese jurisdiction by matching the ‘in- process’ dates of particular prisoners held in Guantanamo with flights contained in the Portuguese flight logs.
    [Show full text]
  • Faces of Guantánamo Guantánamo ’S Many Wrongly Imprisoned
    FACES OF GUANTÁNAMO GUANTÁNAMO ’S MANY WRONGLY IMPRISONED APRIL 2007 666 Broadway, New York, New York 10012 (212) 614 6464 [email protected] INTRODUCTION President Bush’s announcement of the transfer of so-called “high-value detainees” from secret CIA ghost detention sites to Guantánamo is a thinly-veiled attempt by the Administration to re-shape the image of Guantánamo – and the men detained there – in the face of widespread condemnation both at home and abroad. The Administration would like to re-claim that Guantánamo is holding “the worst of the worst” despite overwhelming evidence to the contrary. The political debate and the media attention are focused on the way a small minority of suspects will be tried. Lost in the discussion is the matter of hundreds of men who have never been charged and will never be tried because there is no evidence justifying their continuing indefinite detention. It is the Administration’s position that these men can be imprisoned indefinitely without charge or trial. The President would never be required to justify the legality of their detention, and these men would never be able to present their case and obtain a hearing before a court. Quite simply, the President’s mere assertion that executive detention is justified would be sufficient to lock someone up forever. For the men at Guantánamo, the theory of their imprisonment - now in its fifth year for most of them - is that they were soldiers, technically, "enemy combatants." The "enemy combatant" definition in use exceeds what is permissible under the Geneva Conventions; and scores, perhaps hundreds of men do not fit even within its broad reach.
    [Show full text]
  • The Insurgency in Afghanistan's Heartland
    THE INSURGENCY IN AFGHANISTAN’S HEARTLAND Asia Report N°207 – 27 June 2011 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS ................................................. i I. INTRODUCTION ............................................................................................................. 1 II. RISE, FALL, RESURGENCE ......................................................................................... 3 A. ORIGINS ....................................................................................................................................... 3 B. KABUL WON AND LOST ............................................................................................................... 4 C. COLLAPSE .................................................................................................................................... 5 1. Operation Enduring Freedom ...................................................................................................... 5 2. Resurgence ................................................................................................................................... 5 III. STATE OF PLAY .............................................................................................................. 8 A. RECRUITMENT ............................................................................................................................. 9 1. Motivation ...................................................................................................................................
    [Show full text]