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Tribunal President Stated That the Detainee Has Requested Eight UNCLASSIFIED /FOUO 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 Gardez 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 ? UNCLASSIFIED/ FOUO ISN # 1100 Enclosure ( 3 ) Page of 12 002665 UNCLASSIFIED/ FOUO 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 enemy combatant. 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 UNCLASSIFIED / ISN # 1100 Enclosure( 3 ) Page2 of 12 002666 UNCLASSIFIED /FOUO that these witnesses the informationprovided by the Personal Representative, have determined would provide relevant testimony. I directed the United States government contact these was individuals through the Afghanistan 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. UNCLASSIFIED /FOUO ISN # 1100 Enclosure 3) Page 3 of 002667 UNCLASSIFIED 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 ? UNCLASSIFIED/FOUO ISN # 1100 Enclosure ( 3) Page 4 of 12 UNCLASSIFIED 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
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