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Summary ofAdministrativeReview Proceedingsfor ISN 1009

TheAdminstrativeReview Boardwas calledto order.

The Designated Military Officer ( DMO ) was

The BoardReporter was sworn.

The Translator was

The Detaineeenteredthe proceedings.

ThePresidingOfficerannouncedthe conveningauthorityandpurpose of the AdministrativeReview proceedings.

The Administrative Review Board members were

TheAssisting Officer( AMO) was

ThePresidingOfficer theDetaineeifhe to makeastatementunderoath (Muslimoath offered).

The Detainee declined taking .

The Presiding Officer readthe hearing instructions to the Detainee and confirmed that he understood

TheAssistingMilitary presentedthe CombatantNotificationform ExhibitEC A , the Administrative ReviewBoard

TheAssistingMilitaryOfficerpresentedthe EnemyCombatantElectionForm EC- B , theAdministrativeReviewBoard.

Presiding : Assisting Military Officer please read your comments from the Election Form .

AssistingMilitary The Detainee'sinitial ARB interview occurred August 2005 andlasted 80 minutes. After a review of the ARB's purpose and procedures, the Pashtu translated Unclassified Summary ofEvidencewas readto the Detainee. When the detainee wasasked if wanted to attendthe ARB, a written or oral statement, havethe AMO speak on his behalf the Detaince stated he wanted to attend andaddress the allegations. When asked hewould like to address the allegations or statements, the Detainee indicatedthat he wanted to answer allegation or statement the Unclassified Summary of Evidence after it is presented. The Detainee was given a copy of the translated Unclassified Summary of Evidence for his record The Detainee was

ISN 1009 Enclosure ( 5) Page 1 of 9 21607 UNCLASSIFIEDIIFOUS UNCLASSIFIEDHFQUO polite andcooperative throughout the interview . The Detainee electednot to submit written commentsregardingthe UnclassifiedSummaryof Evidence.

The Designated presented the Unclassified Summary of Evidence , Exhibit DMO - 1, FBIRedaction Memorandum , DMO - 2, and the Terrorist Organization Reference Guide, DMO- 3, to theAdministrative Review Board

The Designated Officer statedthata copy thae hadbeen previously distributed to the Assisting Military Officer

The Presiding Officer noted from the Enemy Combatant Election Formthat the Detainee wanted to respondto item of information from the Unclassified Summary as waspresented.

The DesignatedMilitaryOfficergavea briefdescription of thecontents of the UnclassifiedSummary of Evidence, - 1 theAdministrative Review Boardto assist the Detainee with answeringthe statements .

DesignatedMilitary : ( ) The followingprimary factors favor continued detention: ( ) Commitment( sonadmittedthat he and his father fought with the Taliban

Detainee: This ) is wrong. During) the time of Dr.Nagib I was having problems my legs. I could not get out ofmyhome. Howcould I fight for the Taliban the way that I This is nottrue.

DesignatedMilitary Officer: ( Detainee was captured byUnitedStates Forces with 700weapons, includingsmallarms and rockets

Detainee Actually, I don't knowaboutmysonand what hasdone. I live 30 kilometersaway frommyson I foundout that theycapturedmy sonI went to that area . The place captured belongedto the governmentandI was tryingto ask what was goingon. They captured meatmyhouse about 30 kilometersaway,

DesignatedMilitary Officer: ) Detainee was captured with letters addressed to and from him althoughhe claims to be uneducated and illiterate.

Detainee: This is very, very wrong and meaninglesstalking. TheKoran is my religion and I cannotevenread that. Ifyou find outthat I can read andwritethen I will agree with you guys and whateveryou do to me.

DesignatedMilitaryOfficer: ( 3.b ) Training: Detaineeclaims heservedin the Afghani in the late 1950'sor 1960's claims he only servedas an infantryman for approximately two years and only receivedsmall arms training.

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Detainee: Everybodyduringthattime, forthegovernment, itwasmandatory for everybodyto serve for 2 years thegovernment. I have it andeverybodyhas doneit. Itwas not likeI was goingtofight Americans. Itis true I havedone military service and after the servicethey giveyou certificatecalledTarkhis. Itis like an honorabledischargekindofcertificateand they will ask you formore .

Designated Officer: ( 3.c) Connections : Detainee was a Hizb - IslamiGulbuddin commander.

Detainee: That isa lie. I was a commanderfor . I was not a Culbuddin commander I was Harzat Sabib . Forexample ifKarzaiis power and if everyone isworking for as a commanderandthat whywewere being supported by and had anorganization. I was a commanderfor HazratSahib.

Designated Military Officer ( 3.c.2 ) Hizb- Gulbuddin ( HIG ) was one ofthe majormujahedingroups inthe war against the Soviets. HIG has long established dies withUsamabin Laden . GulbuddinHikmatyar founded HG Hikmatyar terrorist training and wasa pioneer in sendingmercenary fighters to other Islamic fightingconflicts. Hikmatyar to shelter Usamabin Ladenafter helater fledSudanin 1996.

Detainee: What does that have to do with me? That has something to do with Gulbuddin and you can ask him .

PresidingOfficer. That is fine. Ifyou have noknowledgeaboutitthenthat is a sufficient answer.

DesignatedMilitaryOfficer: 3.c.3) was a villageleaderinan area controlled by the Hizb -I Gulbuddin(HIG )

Detainee: I never was a commanderduringGulbuddin I was a commander for Hazrat Sahib . was the leaderofthe village because I was a HazratSahibcommander. When Gulbuddin took over I becamesick andmyhealth startedfailing and I not [ been a commander) since that time.

DesignatedMilitaryOfficer: 3.c.4) claimshe only metGulbuddinHikmatyar

Detainee : I have not seen him like I am talking to you or these ..I have not talked to him . It was at an Islamic leaders conference and they said Gulbuddin was goiag to talk . He was talking and someone showed me who he was . That is I saw have seen him like to talk to him .

DesignatodMilitary Officer: 3.c.5) Reportingstates Hizb - Islami members were planningto kidnap UnitedStatesPersonnelonthe Kabulto Jalalabad road between

ISN 1009 Enclosure ( 5 ) Page3 of 9 21609 UNCLASSIFIEDI UNCLASSIFIEDUFOLO the SorobiKabulprovince, Afghanistanand Jalalabad, Nangraharprovince, Afghanistan to exchangefor a capturedHizb-I IslamiGulbuddincommander.

Detaince : What does that haveto do with me ? I get out ofthe house. What does that have to do withme ?

Designated Military Officer: ( 3.c. Further reporting states Hizb - I Islami Gulbuddin wanted to militarypersonnel from Bagram Airfield

Detainee : Ithas nothing to do with me so when they kidnap them that mother pimp. Whatever he does has nothing to do with me.

Designated Military Officer: (3.c.7 ) Detainee claims that Engineer Wasil was his son's commander

Detainee: Yes I haveto give some explanation with this one. There were two Americans that to mysonand asked him ifhe wanted to go to the university Kabul with andhe saidyes. They promised him that they would bringhim back in the night ( time), butbedid not up. The nextday poopletold me andthen I went to Sorobi. I went to Sorobiand I asked what happenedand they said these two Americans came and pickedhim up and I asked them who (my son) was workingfor. They said he was workingfor EngineerWasil that he was the Eastern Zone Commander in Afghanistan I asked who Engineer Wasil was andthey said was fromPanjsbir Province, Northern Alliance, andhewas a commanderfor Masoud. I asked I could findhim and they said in Policharkhi. I went to Policharkhiand I could not find him . I found another Pungeshirito takemeto EngineerWasil's I went there and asked ifhe was EngineerWasil and I toldhimthat two Americans came andtook my sonandhesaidthey were himtotheuniversity and he did not show up for three to four days. I told Wasilthat I could notfindhim in the beginning andI want to letyou about my son . Wasil said notto worry they willonly askmysona few questions and let him go. That was the only time I saw Wasil.

DesignatedMilitary Officer: ) Reportiag states Wasil a of Hizb IslaraiGulbuddin.

Detainee: That is too far away from each other. Gulbuddin and Panjsber not match . He belonged to Masoud's and Gulbuddin isPashtun I nothing to do with Pung Shiri. Anybody that says that does sense and is a lie.

Presiding Officer: When they refer to Hizb - Islami Gulbuddin it isa group.

Detainee Yes it is a party inAfghanistan.

Designated Military Officer 3.c.9 ) Reporting further states Wasil isnot supportive of the United States, and believes the United States should not be inAfghanistan.

ISN 1009 Enclosure ( 5) Page 4 of9 21610 UNCLASSIFIEDHFOUO Detainee: Godkillhim . What am I supposedto do ? If isnot with the Americans what am I supposed to do with him ?

DesignatedMilitary Officer: ( 3.c.10 ) Detainee's son is a commander of the Hizb- Islami Gulbuddin.

Detainee: You can ask himthat. I don'tknow about that.

DesignatedMilitaryOfficer: ( ) Detainee'sson admittedto havinga cache inhis residenceinthe regionofSorobi.

Detaince: I have no informationabout that. Maybehehasinformationandyoucanask him .

DesignatedMilitary Officer: ( 3.c.12) Reporting states the Detainee'ssonhas links to al Qaida, Talibanand Hizb-I Islami which led to his son's arrest

Detainee: This talking isnot connecting to me. What am I supposed to about it?

Designated Military Officer: ( 4 ) The following primary factors favor release or transfer: ( 4.a) Detainee claims heretired as the Hizb Gulbuddin fifteen years ago when his health beganto fail.

Detainee: Now it isabout 18 years ago. WhenNajibwasinpowerI wasnothis commander. I was somebodyelse's commander. thattimeI got awayfromthe politics and these of .

DesignatedMilitary Officer: ( ) Detainee stated did notknow anythingabout the found inthe residence hewas captured in.

Detainee: I told you beforeand I am telling you now that I have idea about those things.

The DesignatedMilitaryOfficerconfirmedthathe no further unclassified informationandrequesteda closedsession topresentclassifiedinformationrelevantto thedisposition of theDetainee

The Presiding Officer acknowledged the request.

The PresidingOfficeropenedtheAdministrativeReviewBoardto the Detaineeto presentinformationwiththeassistance of theAssistingMilitary Officer.

Assisting Military Yes sir, the Detaineewould liketo make an oral statement.

PresidingOfficer: Youmay begin your statement and anything earlier that youwantedto tell us this isthe time to do it.

ISN 1009 Enclosure( 5) Page 5 of9 21611 UNCLASSIFIEDUFOUO The Detaineemade the following statement:

Detainee: May I have permission to begin ?

PresidingOfficer: Yes.

Detainee: I will talk very shortly, the translator will translate, and our session or bearing will be very quiet and everyonewill understand what I say

PresidingOfficer: You are not limited Just tell us what you would liketo tell us.

Detainec: After the revolution there was a civil war or personal warwitheach other that . During the time that we had a fightwith the Soviet , Russia, the majahedin had very goodmemoriesofAmericans. Whenthe Russiansleft Afghanistan andthere was Najib communist left andlater on itdisappeared . we , waitingfor America to help us to create and build up . Unfortunately they did do it. Talibantook over and they committed] atrocities, killing, and any brutality they could. Talib means educated student or to learn things, but were not that kind of people. Then , during the Talibantime, the opportunity opened for people to come from all over the world . The terrorist any ( ofperson to Afghanistanand destroyed our honor andout dignity. Bin Laden, we hatehimmore than you guys and you people do not anenemy and who is a friend. When you cameto Afghanistaneverybody was waitingfor America tohelp our country. We were looking for you guys andwe were very happythat you wouldcome to our country. The peoplethat hatedyouwere very few , butyoujust grabbed guys like me. Look at . Our very happincss, changed it to [ ). am notmadatyou guys,but the try to know the difference betweenyour enemy and your friend My son andI, ifwe have toldany Americans to get lost, then you can do ever youwant to do to us, butwe havenot even saidthat. (After all] that has happened I am not upset. I was at Bagram and here was not upset I was notupset with themuntilthe time they called me anEnemy Combatant What part of is anEnemy Combatant ? We were thirsty for peace and we wanted ... long time hadpassed and we were hopingthat America would bringpeace and build up country. hope God will do something so that peace will come to the country. The things that Americans aredoing to us,even ifwe are not guys, we into bad guys and go to the other side anddo destructions. Afghanistan's doors were for ( the entire world and Afghanistan's control was from us. Wedid nothave control of Afghanistan A few people, in the nameofthe Taliban and Osama bin Laden, were in control of Afghanistan. Itwas notlookinglikeour country and we kind ofhada homeless feeling. When you capturedme I thought that you would ask me some questions andI willgive you some information andyou would letme go . Whenthey called and Enemy Combatant I just got upset. thing I am complainingto you is that youdid differentiate al Qaidaandmyself. Youputusinthe place. I pray after this after that God will do better things to us. Those people are against you and you did notcatch them . You did notcatchthem andyouwill not be able

ISN 1009 Enclosure ( 5) Page 6 of 9 21612 UNCLASSIFIEDIIFQUE UNCLASSIFIEDI to catch them . Youjust brought me here. I am glad you gave me the opportunityto be heard because my heartwas pumpingup and nowI released itall That is all

PresidingOfficer: that concludeyour statement ?

Detainee Yes I nothingelse.

The Assisting Military Officer kad nofurther questioxs for the

TheDesignatedMilitaryOfficer the followingquestionfor theDetainee

Designated Military Officer: Was the house that youwere arrested in your house somebody else'shouse ?

Detaince: Itwas myson'shouse

Administrative Review Board Member's questions :

BoardMember: Howoldis youson

Detainee: Backhome wedon't haveanyrecordormemories. In1348he was two years old. I think heis around forty-six years old.

BoardMember: What does your do for a living?

Detainee: Whenhe becamemature, I fell at homeso I don'tknow.

Board Member : Doyou know ifthe two Americans that took himto the university in Kabul were inuniform ? Were they soldiers ?

Detainee I asked , but I was notthere .

Board Member : What rank did you holdinthe Hazrat Sahib ?

( The linguist explains who Hazar

Linguist: Hazart Sahibwas president for two months inAfghanistanwhen the Mujadidi took over. Hewas elected transferable presidentandhisname is Mujadidi.

Board Member You said you were a commander does that mean ?

Detainee: KarzaiSahib isthe informationchief of the Hazart Sahib time..the Party. EvenKarzaiwas workingfor himtoo.

Board Member: I want to try to tie something down. The house thatyouwere arrested at was your son's house, you live there also ?

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Detainee The place that my son was livingbelonged to the government Itis in the center ofthe local government place. He was livingthere.

Board Member: Did you live there also ?

Detainee As I told you before I lived 30 kilometers away from that place.

Board Member: Didyou visit thereoften ?

Detainee: I was goingthere. I was sitting my and whentheycapturedhimI cameto findout what goingon ).

Board Member: Did you ever know there were weapons in your son's home ?

Detainee: Sir, I was to far and I didn't know .

Presiding Officer: In response to the questions, you did say that you visited from time to time.

Detaince: When he got captured I came. I cannot move .: .

PresidingOfficer: Inregardstothe700weapons, does your in single house, or in a compoundlike otherhomes inthat area ?

Detainee: Itisa militarybuilding... compound...it belongsto the governmentit is not personalpropertyit is governmentproperty

Presiding Officer Wasyoursonlivingthere?

Detainee: Yes.

Presiding Officer: When we askedyou aboutGulbuddinHekmatyarandyou saidyou saw him was that from a distance or ona video said you saw him at some type ofseminar.

Detainee: Itwas around 20 years agothere was a leader of Islamic were a lotof peopleand

Presiding Officer: So you saw him , but you did not meet him face to face ?

Detainee: Everyone was speaking in and I asked who he was and people told Gulbuddin .

PresidingOfficer you are transferredback and releasedto you homegovernment what are yourplanswhenyou return ?

Detainee: I am not able to ...I cannot do good and I cannot do bad, I am a ISN 1009 Enclosure (5) Page8 of9 21614 UNCLASSIFIEDIFQUO PresidingOfficer Thank youforyour answers.

I pray for you guys.

ThePresiding readthepost-Administrative ReviewBoardinstructions to the andadjournedthe opensession of theAdministrativeReviewBoard

( The interruptswith followingquestions:)

Detainee: is your opinion on when a date will be ?

PresidingOfficer: No date has beenset this point the DesignatedCivilian Official makesa decision you willbenotified.

Detainee: Actually the [Designated CivilianOfficial) not sec guys see me,

PresidingOfficer: Yes, we will make recommendationto the DesignatedCivilian Official

Detainee God do good ) to you.

Presiding Officer : Thank

Detaince prayforyou and I havenot (said about and I willnot in the future. IfI haveanotherchance to a board year] God willnotleaveme alive. I don't know about your decision, but I will notbealive for thenextchance.

ThePresidingOfficeropenedthe classifiedportionofthesession

ThePresidingOfficeradjournedtke classifled of thesession andthe AdministrativeReviewBoardwas closed for deliberation andvoting

AUTHENTICATION

the material contained inthis transcript isa true andaccurate summary ofthe testimony given during the proceedings.

USMC Presiding Officer

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