UNCLASSIFIED
Department of Defense Office for the Administrative Review ofthe Detention ofEnemy Combatantsat US NavalBaseGuantanamoBay, Cuba
4 August2005
TO : KHAN , SWAR
SUBJECT: UNCLASSIFIED SUMMARY OF EVIDENCEFORADMINISTRATIVE REVIEWBOARDINTHE CASE OF KHAN, SWAR
1. AnAdministrative Review Board will be convened to review your case to determine ifyour continued detention is necessary.
2. The Administrative Review Board will conduct a comprehensive review of all reasonably available and relevant information regarding your case. At the conclusion of this review the Board will make a recommendation to : ( 1) release you to your home state ; ( 2 ) transfer you to your home state, with conditions agreed upon by the United States and your home state; or ( 3) continue your detention under United States control.
3. The following primary factors favor continued detention:
a. Training
The detaineereceivedthree monthsofpolice training, where he was taught drill and ceremony, AK - 47 and RPG operations, and general police and security tactics. He also received a 30-minute lesson on how to use a GPS .
b Connections/ Associations
1. Ithas been reported that the detainee used to meet daily with Mualim Jan and Pacha Khan Zadran
2. PachaKhanZadranmaintainsa checkpointonthe Kabul-Gardez( sp ) roadwherehis forcescharge tollsandarrestpersonnelwho are disloyalto him.
3. Inaddition to his illegal checkpoints , Pacha Khan Zadran has raided houses to raise money and supplies, recruited soldiers, and made statements on the radio saying that he does not accept the Karzai government.
4. The detainee believes that Pacha Khan Zadran wants to regain Khowst, Paktia , and Paktika provinces in order to control the entire portion of Afghanistan .
The detaineeadmits that he knowsMulemJan becausehe was the commanderofhis divisionin Khowst, andthat he usedto be a soldierunder MulemJan. The detaineeclaims he has notseen MulemJan for over six monthspriorto hisarrest, anddenies any knowledgeofthe crimesthat MulemJanhasreportedlycommitted.
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SUBJECT: UNCLASSIFIEDSUMMARYOF EVIDENCEFOR ADMINISTRATIVE REVIEW BOARD INTHE CASE OF KHAN , SWAR
6. Inearly September 2003, Malem Jan coordinated the movement of75 menfor a planned attack on a border guard checkpoint.
7. As of 10 June 2003, upto 13 peoplehavebeentrained for suicidebombingoperations. Malem - Jan , who isaffiliatedwithJalaluddinHaqqanihasbeen responsiblefor the specific training
8. Inmid - April 2005 , itwas reported that several Anti-Coalition Militant (ACM ) commanders , including Malem Jan , met to discuss attacks on Khowst in order to build morale amongst the declining Taliban fighters. Malem Jan has been reported to be one of the two commanders responsible for the attacks on a Border Check Point on 22 March 2005 .
9. Three Union of Mujahedin documents were captured at Little Taktabeg , Afghanistan . The detainee is listed as a “ Commander on first document . On the second document, the detainee is listed as receiving payments on at least two occasions from this group . On the third document, the detainee is listed as having 30 personnel assigned to him .
10. As of 12 August 2002, Union of the Mujahidin ofAfghanistan operatives had metto discuss operations targeting UnitedStates forces andAfghanleaders.
11. According to the detainee, the Union ofMujahideen ) is an informal attempt on the part of Mustafa , Pacha Khan Zadran , and Zakhim Khan to get money from United States forces in exchange for cooperation. As far as the detainee knows, the three men never met. They came together to fill the political vacuum in province.
12. United States forces apparently paid the three leaders who then coordinated with their followers , such as the detainee. The detainee explained that this is why he had a document outlining his responsibilities and privileges in Khowst province.
13. The detainee admits to receivingmoneyfromthe UnionofMujahedin, but denies membershipinthe group.
c . Other RelevantData
1. The detainee is reported as selling weapons and ammunitionillegally from his security post to be used against coalition forces.
2. Habi Noor is a former general during the Afghan / Soviet war who worked with the Americans to conduct patrols of the Khost region in order to confiscate illegal weapons.
3. The detainee claims that for approximately two months he worked a checkpoint at Zary Tarkha in Khowst.
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4. On 12January2003, HabibNoorcamethroughthe detainee'scheckpointandasked whyhe was chargingpeoplemoneyto cross. The detaineeshowedNoor a letterthat hehad from the governmentinstructinghimto collecttenPakistanirupees from eachvehicle passing throughthe checkpoint. Noorthendetainedhimandtook himto the securitycenter inKhowst wherehestayeduntilhe was handedoverto the Americans
5. HabibNoor beenaccusedofbeinga memberofthe Watan ( translatedas CountryParty . Theirgoal isto unite formerMujahedinto destabilizeAfghanistananddefeat theUnitedStates' efforts inthe country. They havepossibleties to Hezb- e IslamiGulbuddin(sp (HIG )
4. The following primary factors favor release or transfer
a . The detainee feels that Noorhad him arrestedbecause he has a vendetta against the detainee. Previously, the detainee had arrestedone ofNoor's commanders for auto theft and the detainee felt that his arrest was in retaliation.
b. The detainee stated that he hadnever been associated with an anti-coalition organization nor had he sold weapons to anyone.
. The detaineedeniesknowingany Talibanmembers.
d . The detainee denied having any knowledge ofthe attacks inthe United States prior to their executionon September 11th.
e Thedetainee'sbehaviorduringdetentionincludesonlyminor infractions.
5. Youwillbe affordeda meaningfulopportunityto beheardandto present informationto the Board; this includesan opportunityto be physicallypresentat the proceeding. The Assisting MilitaryOfficer (AMO) will assistyouinreviewingall relevantandreasonablyavailable unclassifiedinformationregardingyour case. TheAMO isnotanadvocatefor or against continueddetention, normaythe AMO form a confidentialrelationshipwithyouorrepresent youinany other matter.
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