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Departmentofdefense Officefor the Administrativereview of the Detentionofenemy Combatants at U.S

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Departmentofdefense Officefor the Administrativereview of the Detentionofenemy Combatants at U.S UNCLASSIFIED DepartmentofDefense Officefor the AdministrativeReview of the DetentionofEnemy Combatants at U.S. Naval Base Guantanamo Bay, Cuba 22 May 2007 TO: SHAWALIKHAN SUBJECT UNCLASSIFIED SUMMARY OF EVIDENCE FOR ADMINISTRATIVE REVIEW BOARD INTHE CASE OF SHAWALI KHAN 1. An Administrative Review Board will be convened to review your case to determine if your continued detention is necessary . 2. The AdministrativeReviewBoardwillconducta comprehensivereview ofall reasonably availableand relevantinformationregardingyour case. At the conclusionofthis review the Boardwillmake a recommendationto: 1) releaseyou to your homestate; ( ) transferyou to your homestate, withconditionsagreeduponbythe UnitedStates and yourhome state; or (3) continue detentionunderUnitedStates control. 3. The followingprimaryfactors favor continued a 1. The detainee stated he fought in the Mujehedinfor seven years . 2. The detainee claimedhewas involvedinone battleagainstthe NorthernAlliance, but statedhisentire ofapproximately70 individualsretreatedbackto the Talibanfacilities whenthe fightingstarted. 3. The detainee delivered a radio -controlledbinary detonationdeviceand two blasting caps to an operativeworking withinhis organization. The devices were to be usedin conjunctionwith two mines, possiblyChinese-madetype-72 antitankmines. The intendeduse for the devices was to target American civilians or UnitedStates led coalitionmilitarypatrols. 4. The detainee was identifiedtrying to purchase two rockets through an intermediary source for an unknown reason. b . Connections/Associations 1. The detainee claimed to work as a driver for his uncle from approximately December 2000 to March 2001. DMOExhibit1 Page of3 UNCLASSIFIED 491 UNCLASSIFIED SUBJECT: UNCLASSIFIED SUMMARY OF EVIDENCE FOR ADMINISTRATIVE REVIEW BOARD INTHE CASE OF SHAWALI KHAN 2. The detainee's uncleis the top official and commanderofthe Hezb - e - Islami Gulbuddin operations cell inKandahar, Afghanistan. The detainee'sunclemakesall decisions and appoints allpositionsfor the Hezb - e - Islami Gulbuddincell inKandahar. 3. InSeptember2002, the detaineewas directedbyhisuncle, to carry out terrorist operationtargetedat UnitedStatesmilitarypersonnellocatedat Gecko Base, Kandahar, Afghanistan. 4. Hezb - e - IslamiGulbuddinhas long establishedties with Usama Bin Laden, and has staged small attacks inits attempt to force UnitedStates troops to withdraw from Afghanistan, overthrow the Afghan Transitional Administration, and establisha fundamentalist state. 5. The detainee contactedHezb -e- IslamiGulbuddincellmembersthroughradio communication, and actedas a messengerbetweenHezb- e - Islami Gulbuddincelloperatives and an individualwho is the facilitatorand commandelement of the cell. This individualbrings supplies and explosivesfromPakistanto Afghanistan. This individualalsodirectsmissionsin Kandahar, Afghanistan, andemployssurveillanceteams. 6. In December 2002, a Hezb - e -Islami Gulbuddin terrorist cell entered Kandahar, Afghanistan, from Quetta, Pakistan. cell intended to target Americans with grenade attacks at various choke points around Kandahar. The detainee was associated with the of this cell c . OtherRelevantData 1. The detainee was captured by United States forces from the Kandahar, Afghanistan area on 13 November 2002. 2. The detainee was appointedbyHezb- e -IslamiGulbuddinleadershipas a leaderofa Hezb- e - IslamiGulbuddinpropagandagroupin the Chardehidistrict of Kabul, Afghanistan. The groupplannedto incitethe localpopulaceinthe area to stage demonstrationsandprotests againstthe transitionalIslamicstateofAfghanistan. 4. The followingprimary factors favor releaseor transfer a . The detainee claims that he is not a member of Hezb - e -Islami Gulbuddin and has no affiliations with the organization The detainee claims his uncle is not a commander of the Hezb - e - Islami Gulbuddin . b. The detaineedenied servinginal Qaida, butknewoftheir existenceand stated they would occupyallofthe betterhomesandofficesnearhisvillage inKandahar, Afghanistan. DMOExhibit 1 Page 2 of3 UNCLASSIFIED 492 UNCLASSIFIED SUBJECT: UNCLASSIFIED SUMMARY OF EVIDENCE FORADMINISTRATIVE REVIEW BOARD INTHE CASE OF SHAWALI KHAN c. The detainee statedthat no one ever foundanythingonhim or his brotherthat showsthat they are guiltyofanything. d. The detaineedeniedhavinganyknowledgeofthe attacks inthe United States priorto their executionon 11 September2001. The detainee deniedhavingknowledgeofanyrumorsor plans of futureattacks on the UnitedStates or UnitedStatesinterests. 5. Youwillbe affordeda meaningfulopportunityto beheard and to present informationto the Board; this includesan opportunityto bephysicallypresentat the proceeding The Assisting MilitaryOfficer( AMO) will assist youinreviewingallrelevantand reasonablyavailable unclassifiedinformationregardingyour case. The AMOis notan advocatefor or against continueddetention, nor maythe AMO forma confidentialrelationshipwithyou or represent you in any other matter. DMO Exhibit 1 Page 3 of3 UNCLASSIFIED 493.
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