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15-L-1645/DOD/144 (B)(1) (B}(3) Natsecact

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15-L-1645/DOD/144 (B)(1) (B}(3) Natsecact (b)( 1) (b)(3) NatSecAct TOP SECRET !I sew. V crbatim Transcript of Combatant Status Review Tribunnl Bearing for ISN 10020 OPENING PRESIDENT: This hearing shall come to order. RF.CORDER. This Tribunal is being conducted at 08:42 on 15 April .2007 on board U.S. Naval Base Guanlanamo Bay. Cuba. The following personnel arc present: Colonel (b)(6) United Stales Air Fon:i:. Prcstdcnt, Cornman er (b)(6) United Slates Navy, \!!ember, Licutc United States ·\ir Force, Member, Majo (b)(6) United States Air Force. Penonal Representa1ive, Sergeant ·1rst L a~s (b)(6 United States Anny, Reporter, Ma.1od(b)(6) L~Stalc.'i Air force, Recorder. Lieutenant Colonel ~is the Judge Advocate member of the Tribunal. OATH SESSION 1 RECORDF.R All rist>. PRESIDENT: The Recorder will be s'~om . Do you, Majorl(b)(6) l swear or aflirm that you will faithfully perfonn the duties as Reeo1dcr assigned in this Tribunal, so help you God? RECORDER. I do. PRESIDENT: The Reporter will now he sworn. The R!:!COr<lcr w:ll administer the oath. RECORDER: Do you, Sergeant First Cla-;s (b)(6) , swear •hat you will faith!Ully discharge your duties as Reporter ass1gne in this l"ribunal, so help you God? REPORTER: I do. PR.ESJJ)J:!N"I. Wc"ll take a briefrceess while the Detainee is brought mto the room. RECORDER: The time is 08:43 on 15 April 2007. This Tribunal 1s now in recess. All rise. [All personnel depart the room .} CONVENING AUTHORITY RECORDER: [All pernonncl return imo the room at 08:48.] All ri se. PRESIDENT: This hearing will come to order. You may be seated. GooJ morning. DETATNF.E. Oood morning. How arc you guys doing? IS!I< IJ 10020 , OP SECRET# SCI JI Enclosure Cl) Page I of 50 (b )( 1) (b)(3) NatSecAct 15-L-1645/DOD/144 (b)(1) (b}(3) NatSecAct 'TOP SECRET II SCI !J. PRES JI)ENT : Very good. fine. thank you. This Trihunal is com cned by order of the Director. Combatant Status Rt:•.'iew Tribunals under the provisions of his Order of 12 February 2007. TI1is Tribunal will dctcnninc whether you meet the criteria to be designated as an enemy combatant against the United States or its coalition partners or otherwise meets rbe criteria to be designated as an enemy combatant. OATH SESSION 2 PRESIOENT: The members of this Tribunal shall now bt: sworn All rise. RECORDER: Do you swear that you will faithfully perform your duties as a mcmher of this Trihunal: !hat you will impartially cxaminc amJ inquire into the matter now before you according to your conscience, and the laws and regulations provided: that you will make such findings of fact and conclusions as arc supported by the evidence presented: that in determining !hose facts. you will use your professional knowledge. best judgml:nt, and common sense; and that you will make such findings as arc appropriate according to the best of your understanding of the rules, regulations, and laws governing this proceeding. and guided by your concept of justice. so help you God? MEMBERS: I do. PRESIDENT: The Recorder will now administer the oath to the Personal Representative. RECORDER: Do you affirm that you will faithfully perform the duties of Personal Rcprcsentntive in this Tribunal? PERSONAL RF.P: I do. PRESIDENT: Please be seated. The Recorder and Reporter, ha\t: previously been sworn. Mister MAJID Kl IAN. you arc hereby advised of lhe following ah-- during this hearing. Excuse me: the following applies during this hearing. You may be present at all open sessions of the Tribunal: however. if you become disorderly. you will be removed from the hearing and the fribwial will continue lo hear evidence in your absence. You m.1y not be compelled lo lcstify at this Tribwial; however, you may testify if you wish lo do so. Your testimony can be under oath or not under oath. You may have the a<;sistanee of a Personal Representative at the hear:ng. Your assigned Personal Representative is presenL You may prcsl·nt evidence to this Tribunal. including the testimony of witnesses who are reasonably available and whose testimony is rclt:vant to this hearing You rnay question witnesses h:stifying at the Tribunal. You may examine documents or statements offered into evidence other than classified infom1ation: however. ccnain documents may be partially masked for security reasons. Mister \llAJI fJ KHAN. do you understand this process? ISN # 10020 TOP SECRET ff SCI lf !:"closure (3) l'agc 2 of 50 (b )( 1) (b )(3) NatSecAct 15-L-1645/000/145 (b)(1} (b)(3) NatSecAct TOP SECRET # SGI fi OETAlNEE: Yes, Sir. PRESIDENT: l)o you have any queslinns concerning the Tribun.11 process'! DF.TAINEE: Ah, I personally am no1 satisfied with the pmcesli 11 sclf Rut I don't have questions. So far. from what I understood. But I'm not sausficd with the course ah-the Tribunal process. I would-- I would rather have fair tnal than rather than have a Tribunal process. but I so far, \'hat I unde~tood, I under.;tood how it goes. Rut lhc Personal Represt•ntativc 1old me. nh-- bul J'm not satisfied with it al all. PRESIDENT· Very well. J'his is an admimstrativc proccs~ and we will continue through it, and if you have any questions ahout what we arc doing at any time, please feel free w ao;k OETAINF.E ~ The same goes for you too PRESIDENT: Cenainly. PRESENTATION OF UNCLASSIFIED INFORMATION PKr.SIDENT: Personal Rcpre.o;enlaltve. plca.c;c provide 1hc Tnbunal with the Detainee Election form. PERSONAL REP Sir, I am providing to the I ribunal the Detainee FJcclton hmn labeled Kxhibit 0-a PRESIDENT: I have received t11c Delam~e Election fonn markcJ Exhibit D dash A and it <lm:s provide ah- various administrc1tivc infonnati11n. including a nouition that you wish to panicipatc in this l ribunal. you" anl the assistance of the Personal Representative and it summarizes a num"cr of items regarding lhe witness and evidence request!> and other mailers rcluted 10 this hearing. PRESllJENT: Rccordt!r. please provide the Tribunal with the unclassified evidence RECORDER: I run handing the Tribunal wha1 has previou~ly been marked as F.xhihit R-1. the unclassified summary of the evidence that relates to this Dctaince's s1atus as an enemy comba141nt. /\ lrunslatcd copy <•f this exhibil was provided to the Personal Representative 10 advance. of this hearing for presentation 10 the Detainee. In addition, I am hanJing 10 the I nbunal the following undassilied cxhibiLc.. marked as F.xhibi1' R-2 through R-4. Copies of Lbcsc exhibits have pn::viously been pro\ 1ded lo the Personal Representative. rRESIOENT. The unclassified summary? (Looking for a copy.) RECORDER: Can I give it lo you afier. after I rca(.f 11'? ISN 1110020 TOP SECRET II SG• 11 F.nclo~urt (3 J Page 3 of SO (b)(1) (b)(3) NatSecAct 15-L-1645/DOD/146 (b)(1) (b)(3) NatSecAct TOP SECRET;; SCI fl PRESIDENl . Oh. Very well. IU:'.CORDcR Sorry. PERSONAi. REP. Sir, I have an additional copy. RECORDER: Thnnk you. PRESJDENT: No, that 's fine We'll receive ii here shonly. RecMder, please read the unclassified Summary of Evidence which is R· I. Read it for the record plc;isc. Recorder. before you proceed··Mister MAJID KllAN, al this time please do not comme11t on the evidence. rherc'll t->t: an appropriate time later in the hearing for you to comment on it. I W(1uld like it to be read into the record nt this time. Recorder, pkusc proceed. RECOROER The following facts support the detenninntion I.hat the Detainee is an enemy combatant a. In March 2003. one of the D<:taincc's brothers stated the Detainee wa<> involved with a group that he believrd to be al Qaida, and a.o; or December 2002. wa,<; involved In transponing people across the border of Afghanistan and Pakistan, and points elsewhere. r On I M.ny 2003. IYMAN FARJS pleaded guilty in the United St:itc' l>1stric:1 Court in Alexandria, Virginia, to providing material support and rc.c;ourccs to al Qaida and conspiracy for providing the tcrronst 01gan11.ation with information about possible United State.'\ targets fi•r auack c. In mid-2001. IYMAN FARJS had dinner and spent the night at the Detaince's family residence in Baltimore, Maryland. FARIS stated during this visit the Detainee spoke 10 him about the fighting and stru~glc in Afghanistan. On a subsequent visiL the Detainee told FARJS he mcl KHALID SI IA YKH MOHAMMED (KSM) in Pakistan and referred lo KSM as his uncle. The Detainee told r ARJ S of his desire to many r himscl f against President MUSHARAFF of Pakistan by <letonating a \'est ol explosives inside a building. d. A computer harddrivc seized from a residence where munitions were discovered contained linkages to media scii'..cd from the Dctaincc's resit.knee. c. In March 2003, 1.hc Dctumee's fother stulcd the Detainee recently began to be influenced by unli·Arnerican thoughts and became extremely religious in his behuvior. The Tletoinee's father believed the Detainee had come under the influence of fam11y mcinlx:rs in Kar.1chi, Pakistan, who discussed anti-American feelings and could be very destructive. f. On 2J ~ovcmbcr 2005, UZAIR PAI~CHA was convicted in United States District Court, Southem District o,.Nc:w York. on charges relating to his provision of material suppon 10 the .11 QaiJa terronst organi1.alion.
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