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 .

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 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, . 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

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an enemy combatant. The TribunalPresidentwill determinethe reasonableavailability ofevidenceor witnesses.

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