Administrative Review Board Detainee Statement
Total Page:16
File Type:pdf, Size:1020Kb
UNCLASSIFIED// Administrative Review BoardDetaineeStatement ThePresidingOfficerreadthehearinginstructionsto theDetaineeandconfirmedthat heunderstoodtheprocess. TheAssistingMilitaryOfficerpresentedExhibitEC- A , the EnemyCombatant NotificationFormto theAdministrativeReviewBoard TheAssistingMilitary presented - B, the EnemyCombatantElection Formto theAdministrativeReviewBoard. TheDesignated Officerpresented DMO- 1, the UnclassifiedSummary of Informationto theAdministrativeReviewBoard The DesignatedMilitary Officergave a briefdescription ofthecontents of Exhibit DMO- 1, the Summary of Information to theAdministrativeReviewBoard The DesignatedMuitary that he had no additional unclassified information topresent. The Presiding Officer opened theAdministrative Review Board for the Detainee to present information with the assistance of the Assisting Military Officer. AssistingMilitaryOfficer: I wouldliketo submitto theboardmemberscomments providedbytheDetaineeduringourinitialinterview, whereinhewasreadthe UnclassifiedSummary. It alsoappearsevidenthe wishesto speakto theboardupon conclusionofmybriefingsir. ThefollowingcommentswereprovidedbytheDetaineein responseto theUnclassifiedSummary: Kabul the Detainee stayed at a Taliban guesthouse for an unknown lengthof time. Assisting Military Officer: The Detainee stated that he was conscripted by the Taliban against his will and that he really had no choice but to stay at the guesthouse involuntarily . He stated that he was at the guesthouse for about six weeks and that he had provided this information to authorities on previous occasions. The Detainee, alongwith other Taliban soldiers, traveledto Yonganack where they surrendered to Dostum'sNorthernAlliance troops. Assisting MilitaryOfficer: The Detainee stated that Dostum receivedmoneyfor each Taliban that was turnedintohis forces and that membersofDostum's militia received a rewardfor their surrenderwhether they were fighters or not. ISN108 Enclosure (5 ) Page of 7 UNCLASSIFIEDI 000874 UNCLASSIFIED FOLIO . The Detaineespent aboutone monthinKandaharwherehe receivedbasicinformal coursesonthe Kalashnikovrifle. Assisting Military Officer : The Detainee receiving training on the Kalashnikov rifle or any other weapons . 3.c.1. The Detainee was identified as MullahAbdul Rauf, a Taliban troop commander. AssistingMilitaryOfficer: The Detaineedeniedhewas ever Talibanleaderor troop commander 3.c.2. The Detainee statedthat he was one of about12other conscripted people who were guarding the communication buildingcalledSadarat inKonduz. Assisting Military Officer: The Detainee denies he was guarding this communications building and that his duties only included serving food to the Taliban who were present in the building . The DetaineeandotherTalibansoldierswould the radioandreceive updateson variousfightingongoinginthe areaby local soldiers. AssistingMilitary : TheDetaineestated whilehewasintheroomservingfood to the Talibantherewasinfacta radiothat theywerelisteningto andheoverheard wasbeingsaid. However, hestatedthathis neverincludingmonitoringradio transmissionsorreceivingupdatesandstatedthat healso neverreceivedanytrainingin radiooperations. Assisting Military Officer: Sir, those completethe repliesthat the Detainec providedme during ourinitialbriefing. Presiding Officer: Thank youAssisting Military Officer. Abdul Rauf, would you liketo make a statementatthis time ? Detainee: Yes, sure. I will go ahead and say a few things. PresidingOfficer: Do youwant to make your statementunder oath ? An oath is a promise to tell the truth andwe haveprepareda Muslimoathifyou wishto use it. We do not requirean oath and itisentirelyup to you. Itis voluntary. Detainee: I was goingto talk abouttwo or three thingsthatyou guys mentioned. Itisup to you guysifyouwant meto swear. PresidingOfficer: Itis entirelyup to you. We willcontinueifyoudon't. Detainee: That's fine. ISN108 Enclosure( 5 ) Page2 of7 UNCLASSIFIED PresidingOfficer Rauf, youmaybegin. Detaince About the allegationthat I was caught amongthe other Taliban, I'vealready told you thatDostumwas gettinga rewardforturninginanybody. Hewas gettingpaidfor it andthat's what happenedtous over there. Presiding Officer: Okay. Detainee: About the radios or communication devices, even at that particular time the interrogator brought me that piece ofequipment and showed itto me. I lookedat the radio andsaid that I had never that thing before . He toldmethat they were going to do a finger print check on . They did it and came back to me andtold me that I was right andmy fingerprints were not on the radio . Now all of a sudden I'mhere in Cuba and they are telling methe same allegation. I thought I already told them that it was done. PresidingOfficer: Okay. Detainee: Abouttheallegationthat yousaidthatI did some kindoftrainingonthe Kalashnikov, I haveno ideawhatyouaretalkingabout. I haveneverdonethistrainingat all. I alreadytoldthem this before. Thingsjustkeep onappearingthelongerI stayhere. I explainedveryclearlyaboutsomeoftheseallegationswiththe interrogator. Theynever existedbackwhenI was captured. I don'tknowwherethesethingscomefromanddidnot causealloftheseallegationsthatareonmeright . I had choice. I do notknowif youguysknowhowthe governmentusedto operateinAfghanistan. I hadsomelandand theTalibancameupto meandtoldmethatthey weregoingto giveme ajob. Theytold mcthatifI didnotcooperatewiththemthey weregoingtoconfiscatemy landandI would benobody. That'swhy I hadto goanddo the dutiesthatwere assignedto me, guarding building. That'swhy I was withtheTaliban. IfI gobackrightnowandthereis Karzia'sgovernment, allI wantto do isgo thereandworkonmyland. I knowthey are probablya littleupsetbutI had nochoice. Iftheydo notmind, loveto go thereand helpthemout withthenewgovernmentandworkfor them . Presiding Officer : Okay , anything else ? Detainee: I don't have muchmore to say. Presiding Officer: Abdul Rauf, does that conclude your statement ? Detainee: Yes sir. PresidingOfficer: DidtheAssistingMilitaryOfficerin statementsthat hepresented, didheprovidethe informationthat youwantedto Detaince Yes, he stated whatever I toldhimbefore. ISN108 Enclosure ( 5 ) Page 3 of 7 UNCLASSIFIEDI 000876 PresidingOfficer: Okay good. Assisting Military Officer, do you any questions for the Detainee? AssistingMilitary : Nosir. PresidingOfficer: DesignatedMilitaryOfficer, do you haveanyquestions? DesignatedMilitary Officer: No sir. PresidingOfficer: Do any AdministrativeReviewBoardmembershaveany questionsfor the Detainee ? Administrative Review Boardmembers ' questions Q. You mentioned in your statement that you have land. I would like to know what youdo fora livingonyour land. I hadtwobullsthatwerepullingtheplowto softenthe soilandwe grewvegetables andrice andcomandthat's I survivedfrommy ownland. That'swhatI'm planningondoing. To go there and myfamilyandmyself. Q. I would like to knowbecause you mentionedthat you neverbeen through training, do you know how to use a Kalashnikov rifle ? A. Everybody knows how to use a Kalashnikov in Afghanistan . I have seen them . They are there and it shouldn't be hard. I have never taken any training to use it somewhere . No specific training on to use a Kalashnikov . There are all over Afghanistan and yeah I can fire a Kalashnikov . Q. Howdidyousustainyourinjury? A. I walkedover a mine Q. Whendidthis occur? A. Duringthe timeofRussia. You say that you performed as a guard and one ofthe charges was that you worked as a guard. Were incharge ofmen when you worked as a guard ? A. The only thing I did there was bring food when they would come into the building. ThatisallI havedone. I havenotdone any securityguardduties. Q. How did you deliver the food ? Were you a driver ? A. I was bringing the food from the bakery. They had a chariot with a horse. I would take oneofthose, loaditup, andbringthe foodfor differentmeals. Q. Where didyou do this ? Where were you serving food, what towns what ofthe country? A. Inthe provinceofKonduz. ISN108 Enclosure( 3 ) Page4 of7 UNCLASSIFIEDI UNCLASSIFIEDHOVO Q. You state that you were conscripted Didyoureceive any training as a result of beingconscripted? A. No, theyjust gave methis job beingincharge offeedingthe Talibanwho were comingthere Q. Can you tell me why they chose you ? Why they conscriptedyou specifically ? A. I was notthe only one. Throughout thewhole districtthey were acquiringpeople for service duties. Through the district manager I was called up onduty. Q. You said that you want to go back and farm . Were youa farmer prior tobeing conscripted ? A. Yes, I was farming onmy ownlandbeforethey took me away Q. You mentionedthat you grew com and rice, is that correct ? A. Corn, Barley, watermelon, and melons, wecouldn't getthe rice going. We tried to in our area butitdidn't do good. Q. Howdoyougrowrice ? Doyouknowhowto growrice? A. Inourarea we do nothavea lotofwater to rice. Riceneedsa lotofwater. Q. Can you tell me howthe conscriptionprocess works ? Do they knock on your door and then what happens next ? A. I hadmy own house where my whole family livedright near my land and there no papersor anytype ofwarningsign. Theyjust cameandknockedonmydoor and saidyouarebeingcalleduptojoin the duty. TheAssistingMilitaryOfficerinhiscomments statedfrom3.c.1that you denied you were a Taliban leaderor troop commander. Do you have any idea or can you explainwhysomebodymayhave identifiedyou as a troopcommanderby mistake? A. FirstofallI think there are a lot ofMullahAbdulsthere andI mayhavebeen picked up by that because I happen to be Abdul Rauf. I was never a commander and at that time the Farsi