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SummarizedUnswornDetainee Statement

The Tribunal President read the hearing instructions to the detainee. The detainee confirmed that he understood the process andhad no questions.

The Recorderpresented ExhibitsR - 1into evidence andgave a briefdescription ofthe contents ofthe UnclassifiedSummary ofEvidence ( ExhibitR - ).

The Recorder confirmedthat hadno further unclassified evidence or witnesses and requested a closed Tribunalsession to present classified evidence.

TribunalPresident stated that the detainee has requested eight witnesses.

Tribunal President Your Personal Representative has advised me that you had requested eight witnesses. Those witnesses, I'dlike for youto confirm their identification atthis time. The first was Said MohammedAli Shah, is that correct ?

Detainee: Yes

Tribunal President: The second was, HajiMohammed Aktiar.

Detainee: Yes.

TribunalPresident: ThethirdwasMohammedAman.

Detainee: Yes

Tribunal President The fourth is identified as Mohammed Musa.

Detainee: Yes.

TribunalPresident Otherwitnessesyoualsorequestedwas, ShahzdehMasoud, the Security Ministerandadvisor to Karzai Okay, do you concurwiththat?

Detainee: Yes, Sir.

Tribunal President: Gulltay Deh, the representative ofDefenseMinistry, also from the city of

Detainee: Haji Sufullah ?

TribunalPresident: That's later, the one I was trying to to was Gulltay .

Detainee: Yes, the Defense Department?

TribunalPresident: Yes. Also, HajiSaifullah ?

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Detainee: Yes.

TribunalPresident: The fourth, last, ofthe eight witnessyou requestedwas not by name, but the MinisterofInterior, InteriorMinistry, Office ofPzhanton ?

Detainee: The InteriorofMinistry

Tribunal President: Right. TheMinister ofthe Interior. Youjust wishedwhoeverwas holding that post, was that my understanding?

Detainee: My records are over there. Ifyou want you can ask them for anything. They will give you any information about me.

Tribunal President: I'm a little confusedwith this last witness request. Was it a request for a person from that office, or just information about you atthis office ?

Detainee: They have my work history , you know . My files are in there; you guys need to contact them to get information from them . You can verify it from them .

TribunalPresident: Then I understandthat youwere not askingfor an individual,youwere asking for, directingus,to documentationsregardingyouandyour work history. Thank you.

Detainee: Yes, youcanfindthat out from the Ministry

Tribunal President: Okay, I understandthatthe lastwitness was not actually a witness, it was a directionfor finding documentationandregardingthat point, I will take that under advisement and ifI believethatthis tribunalwould find that documentationuseful, we could request it at a later date from , I believethe Afghanistangovernment, particularly, the city ofGardez.

Detainee : Yes.

TribunalPresident: Just a moment, like to confer withmy panel member. ( A briefpause) Thank youfor your patience. Regardingthat lastpointI'dliketo formallynotethat at this time, I'mdenyingthe requestfor documentsfor a numberofreasons. First, the documentsweren't specific, in terms ofexactlywhat was requestedandwhat theywouldprovideus. And, another reasonwas that it's a littleuntimelynotificationto this panel That denial is providedwith the optionfor the tribunalto change that rulingat a later date ifwe find it necessaryto have, for making a criticaldecisionregardingyourclassificationas an . Abdullah Mujahid, I appreciate youclarifyingthe informationat this time andwe willconsiderthis informationat a later time

Detainee: Thankyouvery much.

TribunalPresident: I needto addressthe other witnessesthat you called, the sevenother witnesses at this time. Ofthe sevenwitnesses, threewereidentifiedto be inAfghanistan. From

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that these witnesses the informationprovided by the Personal Representative, have determined would provide relevant testimony. I directed the government contact these was individuals through the government. I was advised that the Afghan government not contacted onor about 26 November 2004. As of this date, the Afghanistan government has government responded to our request. This has been a reasonable amount oftime for the foreign , we are to respond to our properly made request. Without the cooperation of that government . Therefore, I make unable to contact those witnesses and to obtain the testimony you requested I would ask the ruling that I'm forced to find these witnesses are not reasonably available. And the Personal Representative to remind this Tribunal to ask the detainee to state what these witnesses would've provided ifwe had beenable to contact them .

PersonalRepresentative: Sir, do you wantmeto ask him , or do you...?

Tribunal President: Just at a time. Make sure it's appropriate when we receive that information

Personal Representative: Okay

Tribunal President: Of the remaining four called witnesses, I understood that all four would provide similar testimony and requested that the Personal Representative ask and get a prioritization of which ones would be preferred out of the four. I approved three ofthe four witnesses that will provide testimony today . Those witnesses ' were Said Mohammed Ali Shah, Haji Mohammad Aktiar, and Mohammed Aman . Those three witnesses are in U.S. custody , but the responsible organization informed me that these witnesses cannot attend this hearing due to Force Protection reasons. I requested an alternate form oftestimony be considered . understand that an alternate method was used for these witnesses ' testimonies. Personal Representative , please inform the Tribunal of these witnesses testimony and describe how they were obtained .

PersonalRepresentative: Yes, Sir. Uponnotificationof theapprovalofthe threewitnesses, I scheduledthe interviewswith cachofthem , initiallyonthe November2004. All three of the witnesses I metwith . Duringthose meetingI askedthefollowingquestions: If they knew AbdullahMujahid, ifthey wouldwishto participateinhistribunal, andifthey would be willing to take anoath, andswearonit. Allthreeofthem saidaffirmativelythat they didwant to participate, thatthey did knowAbdullahandthey did say that they wouldswearto tellthe truth . I conducteda followup inmoredetailinterviewwitheachof thedetaineesonthe 16December 2004, to obtainspecific informationto helpAbdullahdisputethe evidenceagainsthim . I had a followupmeetingafterthe interviewwiththe witnesses. That followupmeetingwas with Abdullah. We read inhis language, eachofthe witness statements, gavehim the opportunityto respondto eachofthose statements. Hehas approvedthat allthree statementsbe submittedto this Tribunaltoday. Sir, just as a sidenote on the witnessrequestfor the MinisterofInterior, the witness requestwas actuallyfor the currentpositionofthe MinisterofInterior. Forclarification the witnessdata worksheetstatedthatthe MinistryofInteriorcouldprovidethe documented papersas youpreviouslymentioned. Italso statedthat theMinisterofInteriorattendedhis changeofpostceremonywhenheleftas the commanderas policeto go to be the chiefof highways.

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Detainee: Yes.

me that that MinisterofInterior Personal Representative: The requestalso statedas he relayedto gave him an automobile for that newposition.

Detainee: Yes

from his PersonalRepresentative: The ministercan also explainthat Abdullah was notfired forces as indicatedonthe appointedpositiondue to suspicions ofcollusionwith anti- government unclassified summary.

Detainee; Yes.

ministercouldalso PersonalRepresentative: Finally, as Abdullahhadexplainedto me that that put light on the allegationsthat hehadattackedU.S. Forcesinthe vicinity ofGardez and help to and also the negate thatpieceofevidence. So, Sir, you were correct, it was bothdocumentation positionthat the witness couldtestifyto this.

Tribunal President: ( To the detainee) You did not have the name ofthat minister ?

Detainee: Ali Ahmad Jalali

TribunalPresident: I have reviewedmy notes and I did notethat the United States Government did requestthe Afghangovernmenthelpus contactthe Minister ofthe Interiorforthe office, for the city ofGardez. So, there is still a proper requestforthat witness, but likeI said before, we haveno responsefrom the Afghan government.

Detainee: Excuse me the law inAfghanistan is like this. Just like how the system works here, like this Tribunal, it has a President, just over there too , everything is connected with the Ministry. The Minister has the authority to give outthe informationifasked.

Tribunal President: Thank you for that information .

Detainee You'rewelcome.

Tribunal President: Abdullah Mujahid, you may now present any evidence you have to this Tribunal. Your Personal Representative may assist you ifyou wish . I understand that you wish to make a statement today, is that true ?

Detainee : With your permission, I would like to speak a little about the allegations again.

Tribunal President: But first, I would like to ask you ifyou would like to make your statement under oath ?

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take the oath. IfI have to, I'll Detainee: It'sup to you ifyou want metotaketheoath I'll do it.

, Tribunal President: Itis your choice as we gave you instructions before, itis not a requirement An oath is a promisetotell the and youmay make your statementunder oath or not under oath . truth. We have a preparedMuslimoath ifyouwould liketo use that. Itis your choice

Detainee: Like I toldyou before, ifyou want me to take the oath , take the oath, you know , , nothing butthe truth what I'm telling you , what I'mtellingyouhere is goingto be the truth and and ifyou want me to, take the oath .

Tribunal President: I understand that you have made your own personal oath to tell us the truth andthat is fine withus. Please proceed.

Detainee: That'sfinetoo, thankyou very much.

The Detaineedidnottake theMuslimoath , butmadea personaloathinstead.

ThePersonalRepresentativereadthe accusationsto the detaineeso thathecouldrespondto the allegations. The allegationsappearinitalics, below.

The detainee is associated with al Qaida .

3.a.l. After thefall of the , the detainee served aspoliceforce commander in Gardez, Afghanistan 3.a.2. The detainee was fired from his appointed position due to suspicions ofcollusion with anti-governmentforces.

Detainee: After the fall ofthe Taliban government, we started an uprising against the Taliban . The things that we do are known to everybody in Paktia, which is a city in Afghanistan , and to the people . For a while there wasn't a government present there. The people ofthat city elected (appointed ) me as the one of the security officers . In Gardez , somebody by the name of Haji Pachakhan ( ph ) was trying to become governor for three provinces. Paktia, Patika and Khost. He had a problem with the people's delegation. After a few arguments, they sent in a new government from , from the Karzai government. His name was Taj Mohammed Wareak For a while , we didn't have a security commander there . I was just an officer. He appointed me to be the security commander for there . When I was hired, I served for about eighteen months as the security commander Ga

I thengot transferredfrom Gardez to Kabul. WhenI went to Kabul, the InteriorofMinistrygave me a car as a giftof appreciationfor acceptingthe newjob. Mytitle was Commanderofthe City of Kabul, includingroadsandhighways. WhenI transferredto Gardez, therewerethree delegationsthat came fromthe government. Oneofthese people was ShahzdehMasoud, and he'sfromthe Karzaigovernment. The representativefrom the DefenseDepartmentthat came alsowas GulltayDeh. Andfromthe InteriorofMinistrywas HajiSaifullah. These people were present whenthe InteriorofMinistrypresentedme withthat car. Foraboutfifty days, I wasjust

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to me . One trying to gather my required paper work so I didn't work the position that was given of the government officials sent a couple of people and myself to Gardez to bring some people back, because the Interior of Ministry wanted to see them . When I went to Gardez, my cousin's I wedding was going on , so I stayed there for four days. My plan was that after the wedding would the elderly people back to the city. I was at home inthe morning, eating my breakfast, when someone asked about me. My father came in to inform me that there are some or people there that want to speak to me. When I went outside, I saw one translator and three four Americans. I greeted them , and invited them in to have tea . They said iftea is ready, we'll drink it right now , ifnot, then when we go over there we'd drink it then . Nobody else was with me, so I sat in the car alone with them . I never had any problem when I went to the camp before, so I thought I wouldjust go and come back . When I went there, one of the Americans asked me ifknew anyone by the name of Shireen, and the other one Ziaduian . Both of these people were in Gardez, one of them was a commander of the military post the other one was also a commander on that post. I told them , that yes, they are there. They asked me what kind of people they and I told them they are good people. I them these people are good people and they asked for my watch , so I gave my watch to him . They told me ifsomeone steals your watch, is that a good person ? I told them that they personally have not stolen anything from me. While I was the Security commander in Gardez I didnot hear anything about them . Ifthey did something bad to somebody, maybe that person should come forward and make a complaint, because this has nothing to do with me. He told me that I wasn't telling the truth about these people, so you belong to . It appears that the decision was made to send me to Cuba already , before I even went there . I was working and helping with the Americans, I'mnot al Qaida I'mnot a terrorist I didn't do anything wrong , I did not hurt anybody, so I was surprised. Sorry I talk too much , I promise to keep my answers short as I can .

TribunalPresident: We appreciate the statement and lookforward to hearingmore about the unclassified summary .

Personal Representative: Sir, for your information at the appropriate time, I will be submitting a written statement as a piece of evidence written by the detainee that specifically addresses each one of the points on the unclassified summary of evidence.

Tribunal President: Thank you.

. The detainee has been a memberof Harakat-e-Mulavi for at least the lastfouryears. . Harakat- e -Mulavi is an extremistgroup that is known to have ties with al Qaida and the

Detainee: Whenthe Russianscameto Afghanistan I wasaboutsixteenyears oldwhenI started a Jihadagainstthem I didn'tknow anybody, youknow, likeMulaviorthe otherpeoplewith power. I onlyknewonepersonwhowasthe leaderofour group. HisnamewasAbdulSami. He was fromGardezandhewas withthe organization, groupthatI was with. There was a big agedifferencebetweenMulaviandI. I hadnotieswithhim , I didn'tknow , and I didn't speakortalk withhim . Afterthe fall ofthe communistregime, Majieullah, I hadnoties or no contactwithMulavi Ifhe his son, or any memberofhis family, had ties withalQaida, thathas nothingto do withme. Afterthe fallofthe Majieullahgovernment, I didnothaveany ties with

UNCLASSIFIED / FOUO ISN # 1100 Enclosure ( 3 ) Page 6 of 12 002670 UNCLASSIFIED/FOUO them ; I didnot work for them . I had a small store, so I went back working at my store. I also did some police work as a low ranking police officer. When the Americans came to Afghanistan , I joined and we fought along side each other inShaikote. There were hundreds of others and myself; we fought against this organization ( a Muslim organization -inaudible ) and against al Qaida.

The detaineeparticipatedin military operations against the UnitedStates or its coalition partners. The detainee was responsible for an attackon USForces in the vicinity of Gardeyz City, Afghanistan. ( Also spelled Gardez) . The detaineewas responsiblefor this attack in retaliationfor being fired.

Detainee: There was never any fighting in Gardez against Americans. Like I said before, I was not fired, I was transferred . I got a betterjob We did not fight with the Americans in Gardez, even al Qaida or Taliban did not fight with Americans in Gardez, for as long as I was there. If you want, you can find proof, you can ask some people ifthere has been any fighting in Gardez or not

The detainee was captured by U.S. Forces inJuly 2003.

TribunalPresident: (Referringto anearlierstatementby the detaineeaddressinghis captureby U.S.Forces) I think you already did, but, please continue.

Detainee: I would like to add something more to the prior question, and thenI'llanswer this one. I just wanted to state that I had very close ties with the American camp that was in Gardez, except for that one person who interrogatedme, who asked me questions, other than that, with everybody else, I had worked withthem , wehad a good relationship.

To answerthe question, I was notcaught ina mountain, and I was notcaughtina battlefield. They came andaskedme to go withthemto ask me somequestions. They wantedmeto prove that some people werethieves. I didnot see or hearanythingso howcouldI say sucha thing? Then, therewas tensionbuiltup, andI raisedmyvoice, andthey raisedtheir voice, andthat's howwe got introuble. They sent meto Cuba. Whenthe Talibanwas inpowerinAfghanistan, mostofthe time, I hadeitherfledfromthem , or they had arrestedme. I was releasedbecauseof the elders fromthe village. They promisedthe Talibanthat I didhave anythingto do, youguys, that I'mnotgoingto fight againstyou, or do this or that andthey putmeunderhouse metwiththe Americanforces inLowgar(ph ). I invitedthemto cometo Gardez, andI even rentedthe campthat they are inrightnow . I rentedthat camp forthem . I helped. And, instead ofappreciation, or thankfulness, they punishme, and I get sent to Cuba. I'msorry ifI talk too much, youknow , from hereon, it'syourturn.

TribunalPresident: AbdullahMujahid, I appreciateyour commentsanddoesthat concludeyour statementat this time?

Detainee Not right now . I don't have anything else to add.

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questions. TribunalPresident: We willshortlybe movingto a pointwhere we willbe asking optionto provide And, you are remindedthatyoudon'thaveto answerifyou wish, butitis your us answersandwewouldappreciateany informationyoucan give us.

Detainee: IfI cananswerthe questions, answer.

Presidentwith unclassified The PersonalRepresentativeat this timeprovidesthe Tribunal , andthe last exhibitsD - - D d, andD e. EchibitD isthe detainee'swrittenstatement Presidentstatesthatthere threeexhibitsarethe witnesseswrittenstatements. The Tribunal . Beforethepausethe willbe a briefpauseso that the Tribunalteamcan reviewtheseexhibits detaineemakes thefollowingstatement.

Detainee: I just want to makesure [of] one thing. Mulavi, it has beenfourteenyears since his death . He diedfourteenyears ago.

Tribunal President: Oh, the leader of that organization. Thank you for that information.

Tribunalpanelreviews written statements.

Personal Representative : Thank you for your patience in letting us review those documents .

Detainee: You're welcome.

Tribunal President: PersonalRepresentative, will you please assist us inreviewing the testimony or possible testimony ofthe people who couldnot attendtoday. Starting with MohammedMusa. Ifthe detainee could tell us what he would've expectedMohammedMusa to have told us ifhe was here today. What do you think he wouldtestify too ?

Interpreter: Letme clarify the question for ....I don't think he understoodit.

Tribunal President: Let me do that, please. I understand that Mohammed Musa would've provided the same general testimony as the other three witnesses whose testimonies we just read. Items I believe were, that they knew him , that he wasn't against the U.S., and if the Personal Representative can remind me else ...

PersonalRepresentative: Itsaidthat hewas the commanderofthe Policeforce, notpriorto the transferor promotion.

Detainee: Hecantestifythat I was againstalQaida, I wasn'twithal Qaidaor that I was fighting with al Qaidaandthat I was transferred, notfiredfrom myposition. He cantestifyto allof those

TribunalPresident: Okay, thank you. I'dliketo reviewthe otherthree, or four, witnessesthat were from Afghanistanthat werenot ableto attendtoday. I believeyoumentionedthat they were allpartofyour ceremony, whereyou receiveda car as a rewardfor assumingthe position inKabul. Isthatwhatthey wouldprovide? I wantto confirmthat.

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for that Detainee: Yes, they can testify about the promotion that I got, they were present Interior ofMinistry promotion. My replacement in Gardez, he was present at that meeting. The , the road between Kabul told me that when you accept this job, by the time you accept this job and Kandahar will be paved, and you will the security ofthis road.

Tribunal President: Thank you, I just wanted to review what they wouldprovide us.

Detainee: Thank you.

Tribunal President: Personal Representative, do you have any questions for the detainee ?

PersonalRepresentative: Just a couple been reviewingthe notesfromour subsequent hadstatedto meetingsthat we had, and inour followupmeeting, on 18 November2004, you me, madecommentsaboutthe communistsandthe communistsmakingfalse allegationsagainst you . Inthat those wrongreports, is what broughtyouhereto Cuba.

Detainee: Yes, that is true.

Personal Representative: Is there anything additional you would like to tell the Tribunal regarding this ?

Detainee: When the communists were in power, the Mujadeen were fighting against them . They were trying to , after the fall ofthe communist regime, sell some of the communists ' possessions. The government , they were doing some kind ofwork that they were doing before. Now they have a personal vendetta against the Mujadeen who used to fight against them . Also , the other -minded . problem is that the people inAfghanistan , some of the people in Afghanist are narrow They don't want to see some people succeed in life. The position that I had, that was one of the reasons that gotten me in trouble . Since I got that position, there were a lot of people who didn't want me to have that position .

PersonalRepresentative: Whenyouwere capturedinJuly 2003, what was yourpositionat that time?

Detainee: I was Security Commander for the cities and roads of Afghanistan.

Personal Representative: In Kabul?

Detainee: Yeah, yeah, at the Interior of Ministry in Kabul.

PersonalRepresentative: So, youwere still holdingyour currentjob, the job that you were promotedtoo whenyouwerecaptured?

Detainee: I was inthe process oftransferring, and that's why I went to Gardez to bring some people from the city of Gardez to the Interior ofMinistry.

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, to Kabul, that was inJuly PersonalRepresentative: This transfer, from Gardez, ChiefofPolice 2003?

Detainee: When I got captured, I was transferred about one month andtwenty days prior to that. told me inan Personal Representative: Okay, and the last question I for you is you had years old. interview that you were with Harakat-e -Mulavi, you were sixteen or seventeen

Detainee: Yes,I was sixteenyears old I was inthe seventhgrade inschool.

Personal Representative Howold was he ?

Detainee: An oldman , greyhair.

Personal Representative: Lastly, youtold me that you hated that organization. Were you ever a member ofit ?

Detainee: Now I them , becausethey did a lotofbadthings to Afghanistan. They sold everythingto Pakistan, they even sold school equipment, trees, whatever they couldfind. This the peoplein was years, years after that, so many years after when theywere fighting. Mostof Afghanistanare illiterate, they can't read or write, because ofthese people. They continue the , and peopledon't have a chance to go to school to get an education.

PersonalRepresentative: Thank you. I'vereviewedthe contentofour sessionnotes, andwe have coveredeverythingthat we discussedinthose two meetings.

ThePersonalRepresentativeand theRecorder hadno further questions.

TribunalMembers questions

Q. Could you go back andanswerthe questionofwere you ever a member ofthe Harakat-e Mulavi organization ? A. During the , against the Russians, I was with a small group, which was called the Abdul Sammed's group. That group belonged to the Mulavi. But, I personally was not with the Harakat e -Mulavi.

Q. Have you been to any of their meetings in the past four years ? Just four years that I mentioned, the four years that I was in Jibad with them . No, I did not attendany meetingsbecauseofmy age. I was so young, and they were mucholder, and I wasn't allowedto go to themeetings. After, when get out, I grew a beardand I haveno ties with them .

Q. Can you tell me some of the names of the communist conspirators who possibly turned you in ? A. I don'thaveany exactor specific but I canthinkofone namethat'sAktarGul. He was working for the security organization /agency. He be one of the people. I can't

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think of anybody else, you know , because there were other organizations but I don't bave any problem with them and they didn't have any problem with me.

Q. Duringthe time ofthe Taliban what was your employment? A. Inthe beginning, for a couple months I was injail, they arrestedme. Then I was running away from them , I was in Kabul, but I was running away from the Taliban. Thiswas atthe beginningofthe Banez (ph) government. After the fall ofthe Banez ( ph) government, I went to Pakistanfor twenty orthirty days. When I came backto Afghanistan, I was arrested, and one of the elders, my uncle, vouched for me that I would not do anything from then on. No ties with any other organization or anything like that, I wouldjust stay home.

Q. What didyou do to make money ? A. I was livingwith myfamily and we have a few acres ofland and also we a couple of shops. We were buyingandsellinggoods. I wasn'tworking, buteverybodyelse was working, that's howwe were supported. I'mnottired ofthelife I havehere, butI was tired of mylife back there.

Q. Whenthe Talibanfled Gardez, youwere appointedheadofsecurity, was that headof security for Gardez, orthe Paktiaprovince First the city ofGardezandforthe Paktiaprovincetoo. Therewas a meetingin Germany, prior to choosingthe new government for Afghanistan, Pachakhanwas thereand also another person was there, Momen , and, they offered him thejob.

Q. When you were in charge of security of Gardez, whom did you report to ? A I was reporting to someone named Haji Saifullah .

Q. Whenyoubecamein charge ofsecurityfor Paktiaprovince, whomdidyoureportto ? A. Same person, Haji Saifullah.

Q. What was General Aziah Oden's role in this ? A. He was a commander for a military base.

Q. Where ? A. In Gardez

Q. MohammedAman , did he work for you ? No, he wasn't working for me, he was working withthe military department.

Didhe work for General Oden ? A. Yes, he was working for Atculah Lewdon(ph ), he was the commanderof the military post.

Q. When you went to Kabul, whom did you report to ? A. That would be the Afghanistan Interior ofMinistry department. I was answering to them .

Q. Was there a particularpersonthen ? A. They havedifferentdepartmentheadsin that agency. I don'thave a specific name.

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think of anybody else, you know , because there were other organizations but I don't have any problem with them and they didn't have any problem with me.

Duringthe timeofthe Talibanwhatwasyouremployment? A. Inthe beginning, for a couplemonthsI was injail, they arrestedme. Then was running away from them , I was inKabul, but I was running away from the Taliban . This was at the beginning of the Banez ( ph ) government. After the fallof the Banez (ph ) government, I went to Pakistan for twenty or thirty days When came back to Afghanistan, I was arrested, and one of the , my uncle, vouched for me that I would not do anything from then on. No ties withany other organization or anything likethat, I wouldjust stay home

Q. Whatdidyoudo to makemoney? A. I was livingwithmyfamily andwe havea few acres ofland andalso we havea couple of shops. Wewere buyingandsellinggoods. I wasn'tworking, buteverybodyelsewas working, that's howwe weresupported. I'm tiredofthe life I havehere, butI was tired ofmylife backthere.

Whenthe Talibanfled Gardez, youwereappointedheadof security, was that headof security for Gardez, or the Paktiaprovince? First, the city ofGardez and for the too . There was a meetingin Germany, priorto choosingthe newgovernmentfor Afghanistan, Pachakhanwas there andalso another personwas there, Momen, and, they offeredhimthe job.

Q. When youwereinchargeofsecurityofGardez, whom didyoureportto ? A. I was reportingto someonenamedHajiSaifullah

Q. Whenyoubecameinchargeofsecurityfor Paktiaprovince, whomdidyoureport to ? A. Sameperson, HajiSaifullah.

What was GeneralAziahOden'sroleinthis ? A. Hewas commanderfor a militarybase.

Q. Where ? A. InGardez.

Q. MohammedAman, did he work for you ? A. No hewasn't working for me, he was working with themilitary department.

Didhework for GeneralOden ? A. Yes, hewas workingfor AtculahLewdon(ph ), hewas the commanderofthe militarypost.

Q. When youwent to Kabul, whom did you report to ? A. That would be the Afghanistan Interior ofMinistry department. I was answering to them .

Q. Was there a particular personthen ? A. They have different department heads inthat agency, I don'thave a specific name.

UNCLASSIFIED/ FOUO ISN # 1100 Enclosure (3 ) Page 11of 12 2676 1. Actually after the fall of the Taliban government I was one ofthe first who attacked the Taliban andAl- Qaida in the city of Gardez, finally they abandonedthe city and escaped. The control of Paktia Provincefell in handsof elected council ofdeferenttribes. The electedcouncil appointedmeas securitydirectorand later, based on my excellentservice in the establishmentof securityof the area, executivecouncil recommendedme as securitycommander. Uponthe completionof legalproceduresthrough the chief of internal ministry, I got the conformationof a promotionfrom the governorof Paktia. I haveall the documentsto prove the above statement.

2. It's well known to everyone that I was elected by the tribe leaders and appointed by the interim government of Afghanistan. haven't been terminated but transferred to higher positions. You can ask our internal ministry about it.

3. Duringthe communist regime untilthe victory ofMujahedeen approximately for 4 years T have lived in the area called Zurmat. Which was underthe controlof GardeziMovementand Abdul samay was the head ofthat movementand they were connectedto the Mowlowi. Inthat timeI was too young and didn't have any connectionwith that group, and Mowlowiwas killed in the first year of Mujahedeens'spower. PersonallyI have nothingto do with these groups, or any anti U.N., anti current governmentgroups. hate them.

4. Mowlowirelationswith Al-QaidaorTaliban havenothingto do with me. hatethem and actually myselfand hundredofothersfought againstthem in areasofSharri Kot I have alwaysfought againstthem.

5. I never been engagedin any anti U.S. hostilities always servedand helpedU.S. forcesagainst the oppositions.

6. There never been any anti coalition attacks in the city of Gardez . I have been involved in establishment of security in deferent locations while maintaining very friendly relationships with the responsible campaign Authorities in Gardez. They were showing their satisfaction and appreciations to me all the times. You can inquire about this matter from the authorities of that time.

7. I never had any desire for revenge against U.S. , U.N. forces or current government forces in Afghanistan nor any problems with them . I haven't been removed or terminated from my positions; in fact was legally transferred and got promoted to a higher position in Kabul. I don't have any animosity against anybody. This all was the result of conspiracy from some communist, who very intensive activities in our city and unfortunately they have achieved their goals and based ontheir falls statement I ended up here You have noticed my cooperation andhopefully have earned your trust during my detention. I so far have good memoriesfrom all the interrogatorsand

Exhibit_D WITNESSSTATEMENTS FOR ABDULLAHMUJAHID- ISN 1100)

WITNESS: MOHAMMEDAMAN WITNESSISN: 1074 ( FARSI) DATEOFWITNESSINTERVIEWS: 24 Nov 04 and TODAY'SDATE: 14Dec 04 PR: 097

NOTE Comments from the 24 witness statement were made with the understanding that this detainee would be physically present at ISN 1100's tribunal. However, a 13 Dec 04 Joint Detainee Operations Group ( JDOG ) policy now forbids 4. As cross -camp witnesses between Camps 1, 2, and 3 with those detainees from Camp a result, PR 97 requested that he re -interview the witness in order to obtain more details since now only a written statement would be allowed at the tribunal. The second interview was conducted on 14 Dec 04 .

WITNESS INTERVIEW NOTES FROM 24 NOV 04:

On 24 Nov 04 ISN 1074 stated that he knew Abdullah Mujahid ( ) and affirmatively elected to participate in ISN 1100's tribunal. He understood that the PR , Recorder, and Tribunal members could ask him questions and expressed a willingness to accept questions and tell the truth . ISN 1074 stated that he knew ISN 1100 for 12 or 13 years and that is occupation was Head of Security in the province of Paktia Afghanistan (AF ).

WITNESS INTERVIEWNOTESFROM 1

ISN 1074 stated that he was from the Village of Malek Khil, Afghanistan (AF) which is about 20 minutes by foot from ISN 1154's village ofKarmoshi. He knows 1154 as the son of Haji Hassan ( Abdullah Mujahid's father) and has known him for 12 or 13 years, attending funerals, weddings and other events between different villages. ISN 1074 worked for the Defense Department and ISN 1100 was the Chiefof Police, bothof which fall under the Ministry of Interior.

ISN 1074saidthat ISN1100was broughtto Cuba becausehe startedthe firstfight againstthe Taliban. Therewas anAmericanoperationin SharrikotandISN 1100was helpingthe Americans. ISN 1074 continuedby sayingthat the problemin AF is that those who do good things get punished. Becausehe was fightingagainstalQaida those nearhim were jealousbecausehe ( ISN 1100) was doinggood thingsand mighteasilybe promotedto a higherrank.

ISN 1074 saidthat he (1074) was not a politicalpersonandhadnopoliticalpurposes. He was a clerk andhadno ties with any party. He didn'tlikefighting, but only went to

Witness Statementof ISN 1074to SupportISN1100'sTribunal 1 of3 Exhibit_D 2661 school and just worked. He was a simple person but people back in plotted a conspiracy because they don't like some people who were to succeed. He stated that he was an ally of the Americans and hopefulthat America will actually stay so Afghanies could get used to culture

ISN 1074 was a low -rankingclerk doingofficework whileISN1100 was a high ranking Police Chiefwho had littlecontactwithISN1100 with the exceptionofknowinghim because ofthe proximityoftheir villages, seeingone anotherat events andoftentimes at the bazaar. ISN 1074 was broughtto Cuba approximately1 to 2 monthsbefore 1100.

When asked what ISN 1074 did whenthe Taliban was inpower, he stated that he was an office worker doing paperworkin a personnel office. He was forced by Talibanto work for them when they came to power. The ( Taliban) asked ISN 1074 to work for them but he refused. The Talibanwanted ISN 1074to work insecurity then ina law agency both times ISN 1074refused, as he was justa clerk and the work was not relatedto his field. He said thathe would work inthe InteriorMinistry as a clerk. He said that it was a very smallplace andthat there was no fightingin Gardez all the fightingwas North of AF. Hisjob was to keep track ofmilitarypeople (e.g., promotion letters, transfer requests, etc.) His salary was the equivalentofapproximately$20.00 ( US dollars)/month. Hesaid the Talibanhadmuchmoney, power, cars, and did not obey the rules.

Whenasked if ISN 1074and 1100had the opportunityto see oneanotherintheirwork, ISN 1074satedthathedid notsee for work -relatedareas. ISN1100'sbrother had a shop at a bazaarandthey wouldsometimessee one anotherin that location. ISN 1074also said that ISN 1100was arrestedonce or twicewhiletheTalibanwas inpower butreleasedbecausevillageeldersvouchedfor him

When asked ifISN 1074 knew if ISN 1100 was a member of any organizations, he replied that ISN 1100 was a part of the “ Gardez Group " which fought against the Russians. The Group's leader was killed and the group was taken over by the deceased leader's son , Samay. All this took place when the communist were inpower

When asked ifISN 1074 knew ifISN 1100 ever got fired as CMDR of police, he replied, he got transferred, not fired When asked when ISN 1074 knew about the transfer, he stated that he knew of the transfer while they were inAfghanistan and that ISN 1074 was arrested from his home about 5 7 days after 1100's transfer to Kabul.

ISN 1074 said that heandothers includingISN 1100) where broughthere onfalse reportsand that people shouldnotbe falsely arrested. The falsereport shouldfirst be lookedintoto see ifthe reportistruthful. He saidthat he was saddened.

He concluded by saying that he is happy the Americans are rebuilding his country . He worked for 1.5 years for the government and never got paid; hopefully , the Americans will stay with our Army. Witness Statement of ISN 1074 to Support ISN 1100's Tribunal 2 of 3

of B Lastly, he is 100 % certain he andISN1100werebroughtto Cubabasedonfalse reports.

Witness Statement of ISN 1074 to Support ISN 1100's Tribunal 3 of 3 WITNESSSTATEMENTS FOR ABDULLAH MUJAHID 1100)

WITNESS: SAIDMOHAMMEDALISHAH ( DR . ) WITNESS ISN : 1154 (PERSIAN) DATE OF WITNESS INTERVIEWS: 24 Nov 04 and 15 Dec 04 TODAY'S DATE: 14 Dec 04 PR: 097

NOTE : Comments from the 24 Nov witness statement were made with the understanding that this detainee would be physically present at ISN tribunal. However, a 13 Dec04 Joint DetaineeOperationsGroup ( IDOG) policynow forbids cross- camp witnessesbetweenCamps 1, 2, and 3 withthose detainees from Camp 4. As a result, PR97 requestedthat he re -interviewthe witness in order to obtain more details sincenow only a writtenstatementwouldbe allowed at the tribunal. The second interviewwas conductedon 14 Dec 04.

WITNESS INTERVIEWNOTES FROM 24 NOV 04 :

On 24 Nov 04 ISN 1154statedthat he knewAbdullahMujahid( ISN 1100 and affirmativelyelectedto participateinISN 1100'stribunal. Heunderstoodthatthe PR, Recorder, andTribunalmemberscouldask himquestionsand expresseda willingnessto acceptquestionsandtellthe truth. ISN1154statedthat he knewISN1100for nearly 15 years and that is occupationwas in securityinthe provinceof PaktiaAfghanistan( AF ).

WITNESS INTERVIEW NOTESFROM 14 DEC 04 :

Regarding ISN 1154's relationship with Abdullah Mujahid (ISN 1100), 1154 stated that they had a big difference in age. When they got to fighting the Mujahadeed during the Jihad against the Russians 1154 did not know very well because 1100 was a much lower rank and did not have much of an important job , but he knew of him .

When 1154 was askedabouthiswork and circumstancesof capture he said hewas a PeoplesRepresentativeofthe City ofGardez ( capital city ofthe ProvinceofPakita) workingfor the Karzaigovernment; hewas attendingthe NationalAssembly at the time ofhiscapture (ref: 1154) . Regardingthe reasonsbehindtheir capture, he expressedthat there was a conspiracy involvingpeople fromthe current government. He went onto highlightthree aspects ofthe conspiracy: 1) Afghaniecommunists: 1154 statedthat the communistsinthe government were workingfor the Sovietsanddidnotwant the newgovernmentto succeed, butKarzaitook control, andthe communistwantedrevenge. Becausethe communistswereworkingin intelligenceagenciesand hadpreviouslyworked withthe KGB, they hadexperiencewithreportwritingandaccess to other

Witness StatementofISN 1154to SupportISN 1100'sTribunal 1 of3 Exhibit_D 2617 organizationsandcould make others look bad. Additionallythey knewthe key points to what the coalition was looking for. 2) Ethnic animosity. The dominant language in the City of Gardez and the province of Paktia is Pashtu . There are 14 villages in the city of Gardez , 12 of which are Pashtu the other two Farci. Likewise, the predominant language in the Province of Paktia is Pashtu . According to ISN 1154 he is from one of the two Farci villages, Khwaja Hassam and ISN 1100 is from the second Farci village , Karhoshi. ISN 1100 went on further to say that the animosity was also caused by the firing of then Governor Pachakhan by the Karzai . Pachakhan was governor of three provinces Paktia, Khost; Paktika. He was fired by Karzai and began to retaliate against the new government but the people of Gardez supported the new government and fought against Pachakhan and his people. Pachakhan met with ISN 1154 at the National Assembly , saying to ISN 1154 that he (Pachakhan ) had two enemies which were the people from the two Farci villages (Khwaja Hassam and Karhoshi villages where ISN 1100 and 1154 lived) 3) Envy of ISN 1100: ISN 1100 was helping the Karzai government fight against terroristorganizationssuch as al QaidaandTaliban, thieves, warlords, anddrug dealers. ISN 1100wasyoung, strong, and a goodfighter Becauseofthisthere was prejudiceagainsthim. When1100laterbecamea highrankingleader (CMDRofPolice) otherswereprejudicedanddidn't accepthimsince he was outrankedduringthe RussianJihad, butnow ISN 1100was in charge. The conspiratorswantedto get 1100out ofGardezandgot himto betransferredto Kabul. Additionally, GovernorPachakhanwasreplacedbyTaj Mohammed Wardak and Mr.Wardak laterbecamethe Ministerof Interiorand gave supportto 1100becauseISN1100kept peaceinGardez( little problems) Aftera new Ministertook overfrom Wardak, there weremany changesinthe government. AfterISN 1100was givenhisnew positioninKabul, a newCMDRofPolicewas appointed, a Pashtucommunist. Whenasked, ISN 1154 statedthatthe Karzai governmenthadopenly invitedall other factions (communists, Taliban, others) to jointhe Karzaigovernmentso longas they supportedthe new government.

ISN 1154wenton to say that ISN 1100 was an excellentsecurity officerandbrought peaceto the area; by taking himit was a loss forthe coalitionforces.

PR FOLLOW -ON INTERVIEWQUESTIONS

Q : When Taliban was in control, what were you ( ISN 1154) doing ? A : Paraphrased : When the Russians invaded AF , ISN 1154 went to Iran where he studied to become a doctor --he came back to AF several times as a Mujahadeen fighter After the Mujahadeen took control from the Russians, 1154 went back to Iran; he considers himself a refugee for some 25 years , since 1980.

Q : How were you elected to the NationalAssembly when you were a refugee for some 25 years?

Witness Statement of ISN 1154 to Support ISN 1100's Tribunal 2 of 3 2677 D- d 3 A : Paraphrased: ISN 1154 defended AF for 13 or 14 years against communist governments and kept in contact with his home village; plus he was well known and educated.

Witness Statement of ISN 1154 to Support ISN 1100'sTribunal 3 of 3 27 -d WITNESS STATEMENTS FOR ABDULLAHMUJAHID- ISN 1100)

WITNESS: HAJIMOHAMMEDAKITAR(PASHTU) WITNESS : 1036 DATEOF WITNESS INTERVIEWS: 24 Nov 04 and 14Dec 04 TODAY'SDATE: 14 Dec 04 PR: 097

NOTE : Comments from the 24 Nov witness statement were made with the understanding that this detainee would be physically present at ISN 1100's tribunal . However, a 13 Dec 04 Joint Detainee Operations Group ( ) policy now forbids cross -camp witnesses between Camps 1, 2, and 3 with those detainees from Camp 4. As a result, PR 97 requested that he re - interview the witness in order to obtain more details since now only a written statement would be allowed at the tribunal. The second interview was conducted on 14 Dec 04 .

WITNESS INTERVIEW NOTES FROM 24 NOV 04 :

On 24 Nov 04 ISN 1036 stated that he knew Abdullah Mujahid (ISN 1100) and affirmatively elected to participate in ISN 1100's tribunal. He understood that the PR, Recorder, and Tribunal members could ask him questions and expressed a willingness to accept questions and tell the truth . ISN 1036 stated that he knew ISN 1100 for approximately 10 years and that his occupation was CMDR of Police in Paktia Afghanistan (AF). He said that ISN 1100 was not a member of any organization ( e.g., al Qaida or Taliban ), but only hired by the Karzai government. Her further said that when the Taliban took over, both he and 1100 ran away together from the Taliban and that ISN 1100 was the first to fight against al Qaida. On two separate occasions, ISN 1036 had asked I 1100 for a job.

WITNESS INTERVIEW NOTES FROM 14 DEC 04:

ISN 1036 said that ISN 1100 was a good CMDR who maintainedthe peace inthe Pakita province.

When ifhe knew ifIN 1100 was a member of Taliban or al Qaida, he stated both of usran from the Taliban . 1036 stated that when the Taliban captured Kabul ISN 1100 returned to Paktia and he (I 1036) returned to Pakistan ( where he lived). He said the Taliban arrested ISN 1100, put him in jail, but did not know for how long. 1036 was surprised that I 1100 was arrested because it was the Americans and Karzai government that gave him his position as CMDR of Police, then a better position in Kabul when he was put in charge of highways. After ISN 1100's transfer to Kabul, five communists were given positions in Paktia (to include the CMDR of Police). Apparently, he the new CMDR of Police friend Dotsdum . ISN 1036 said that

Witness Statement of I 1036 to Support ISN 1100's Tribunal 1 of2 Exhibit_D others inpower told lies about 1100and 1036becausethere were lotsof communists who made false allegations on them and others becauseinthe past both 1100 and 1036 fought against the communists.

ISN 1036said he was a high-rankingmilitaryofficerwiththe Rabannigovernmentprior to the Taliban. Afterthe Talibandefeat, 1036 returnedto Paktiatojointhe new government; however, the districtof SayedKaremwas stillcontrolledby the Talibanand its followers. ISN1036was arrestedandput inprisonfor one month; he was released becauseof pressuresfrom TribunalChiefs. Priorto hisrelease, hehad to signa statementthat hewouldnotaccept any positionsfor 9 months, due to false charges made againsthim. After 9 months, ISN1036took a positionas a Generalofa militaryunit supportingKarzai. He saidthat he (ISN1036), Said MohammedAli Shah (ISN 1154), andAbdullahMajahid (ISN1100) were consideredthreats to the communistsin the governmentwho were holdinga 25- year grudge and, as such, the communistsmade falsechargesagainstthem .

Witness Statement ofISN 1036 to Support ISN 1100's Tribunal 2 of2 DE 2677