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Summary of AdministrativeReview BoardProceedingsfor I N 1021

TheAdministrative Review Boardwas calledto order

The DesignatedMilitary Officer ( ) was sworn.

The BoardReporter was sworn .

The Translator was .

TheDetaineeenteredtheproceedings.

The Presiding Officer announced the convening authority andpurpose ofthe Administrative Review Boardproceedings.

The AdministrativeReviewBoardmembersweresworn.

TheAssisting Military Officer (AMO ) was sworn

The Presiding asked the Detainee ifhe wishes to make a statement under oath . Muslim offered ).

TheDetaineeacceptedtakingtheMuslimoath.

Detainee: I will swear I am not againstmycountry.

Presiding Officer: He said he would ?

OL - 24: Yes.

ThePresidingOfficerreadthe hearinginstructionsto theDetaineeandconfirmedthat heunderstood.

TheAssistingMilitaryOfficerpresentedtheEnemyCombatantNotificationform , ExhibitEC- A , to theAdministrativeReviewBoard

TheAssistingMilitaryOfficerpresentedthe.EnemyCombatantElectionForm , Exhibit EC- B, theAdministrativeReviewBoard.

PresidingOfficer: Assisting Military Officer please read your comments from the Enemy CombatantElectionForm .

Assisting Military Officer The Detainee's initial ARB interview occurred on 17 October 2005 and lasted for 90 minutes . After a review ofthe ARB's purpose and procedures, the Pashto translated Unclassified Summary of Evidence was read to the Detainee. When asked ifhe would like to attend the ARB , comment on the Unclassified Summary of ISN1021 Enclosure(5) Page 1of 12 21662 UNCLASSIFIEDI

Evidence, providea writtenstatement, give an oral statement, or providethe AMO commentsto onhis behalf, the Detainee said he would like forthe AMO to take his answersto the allegationsforbackup inthe event he forgot an answer, however, he will speak openly and respond UnclassifiedSummaryofEvidence after each statementispresented, and he will make an oral statement. The Detainee cooperativeand very politeduring the interview. He electedto keep a copy ofthe translated(Unclassified] SummaryofEvidence for his review .

The Designated Officer presentedthe UnclassifiedSunmary of Evidence, ExhibitDMO- 1, theFBIRedactionMemorandum, DMO- 2 andthe Terrorist OrganizationReferenceGuide, , theAdministrativeReviewBoard.

The Designated Military Officer stated that a copy ofthese exhibits hadbeen previously distributed to the Assisting Military Officer for presentation to the Detainee

The Presiding Officer noted from the Enemy Combatant Election Form that the Detaineewanted to respondto each item of theinformationfrom the Unclassified Summary as was presented.

The Designated Officer gave a brief description ofthe contents ofthe Unclassified Summary of Evidence, Exhibit DMO- I the Administrative Review Boardto assist the Detainee with answering the statements.

Designated Military Officer ( 3 ) The following primary factors favor continued detention : ( 3.a) Commitment ( 3.a.1) While inthe Badaber Refugee camp the Detainee joined the Islamic religious party of Mulawe Mohammed Nabi.

Detainee: Yes sir.

DesignatedMilitaryOfficer: ( 3.a.2 The Detaineefoughtas a memberofthe Mulawe MohammedNabipartyallthroughthe Russianoccupation. Forthe first fewyears ofthe fighting, the Detaineewas a simple soldier, but after a few years hebecame a commander ofabout 15 fighters.

Detainee: Yes sir.

Designated Military Officer: ( 3.a.3 ) The Detainee joined Gulbuddin for six months as a commander in mid 1990 when Hezbi Islami Gulbuddin was fighting Ahmmad Shah Massoud and the Northern Alliance .

Detainee: Yes. That was twelve years . I was with Gulbuddinfor six months. There was fightingbetweenGulbuddinand Massoudand I left Gulbuddinand joined Ahmmad Shah Massoud

BoardMember: Isthatrightafter he leftthe Gulbuddin, hejoinedMassoud?

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Detainee: Yes sir .

DesignatedMilitary Officer: (3.a.4) The Detainee is a HezbiGulbuddin field general.

Deta ee : Ifyou guys are Generals because you go to school, how am I a General when I am illiterate ? I am not a General and was not a General. I didn't go to school and I don't understand. InAfghanistan there is a lot of animosity betweenthe families toward each other and they gave me the name “General (nickname ). I am a very small guy and not the guy youall think. Designated Military Officer: ( ) Training: The Detainee traveled with other men to the area ofAfghanistan near the Pakistan border and learned to shoot abolt action five rifle.

Detainee: Whenwe wererefugeesthe Talibanwerecrossingthe borderbetween PakistanandAfghanistanandeverybodyknewhowto fire a gum andI didnotgo for training.

DesignatedMilitaryOfficer: 3.c. Connections/Associations( 3.c.1) The Detaineewas a personalfriendofHeckmatyrGulbuddinand lastmetwithGulbuddininKabul, AfghanistanwhenGulbuddinwas 'svice president.

Detainee: Atthat time there were two partiesRabani'sPartyand GulbuddinParty. RabaniandMassoudPartywerethe samepartyandpeoplewere dividedbetween Massoudand WhenI was with Gulbuddinfor six monthsI left and went to Massoud. I was withMassoudfor one monthor two months. Rightafter that I went backto my villageandsawmy housewas destroyedby the Russiansthen started working on fixingthe house. Whenthe Talibanmovementstarted they capturedLogar and then they started comingto Azrah, whichismydistrict. The Talibancollectedten guys bythe name ofChaman'sPeople(Detainee'speople) andkilledandexecutedthem righton the spot. I was there andthey didnot captureme.

PresidingOfficer Youmentionedten people [who were they] ?

OL - 24 : Tenofhisownpeoplewerekilled.

Detainee: Mycousinsandmy day laborers. There is a custom betweenthe Afghans when a persondies they take themto the cemeterybut the Talibanwouldnotallowmeto take the deadbodiesandbury theminthe cemetery. I beggedthe Chiefofthe tribe to ask the TalibanifI could burythem andthey said no. They cameover andput alltenpeople together inthe same grave). After thatI came to fight and after that I went to my houseand I was workinginmy store. Whenthe Talibanwas over thrownbythe United States and the NorthernAlliancetook over KabulI went backto ( ] the dead bodiesand them a proper burial] but the (religiouspeople) told meit was a ISN1021 Enclosure( 5) Page 3 of 12 21664 UNCLASSIFIEDI/ sinto take them and reburythem , just leave them inthe one grave. that I was against the . I did not fight but I tried my bestto fight them through propaganda.

DesignatedMilitaryOfficer: ( 3.c.2) The Detaineeis the assistant of Kashmir who is subordinateonly to GulbuddinHekmatyrin the HIG .

Detainee: Kashmir is a very big shot inGulbuddinHekmatyr'sParty and I am illiterate and I am not that bigof a guy to be his Deputy. I am not a big guy and I am not his Deputy and I don't haveany relationship with him .

DesignatedMilitaryOfficer: ( 3.c.3) The Detainee, Qalam , andZardadare threeHezbi IslamiGulbuddinmembersthat workedas intelligencecollectorswithdirect communicationwithHekmatyr.

Detainee: Ifyou look at the statement ten years ago Zardad, Qalam and I were together for six months in Gulbuddin . Ten years ago when the Taliban took over , Zardad escaped to Pakistan and moved to London. He has lived there ten twelve years. He is there and I don't have any relationship with him .

Designated Military Officer: ( 3.c.4 ) The Detainee , Almas, Qalam , and Salangi are all well known associates that are heavily involved in the drug trade and other illegal activities inKabul. A source stated that Commander Almas is responsible for over 1,000 murders as a Hezbi leader

Detainee: I never heard Almas name at all and I don't know him . Bashir Salangi, Salangi is his nickname he is theCommanding ChiefofKabul Police Forces. I just know he is the ChiefofPolice in and I do not have any relationship with . I know him as a commander personally ) Qalam lives in Afghanistan and the United States can catch him . I do not have a relationship with him .

Designated Military Officer: ( 3.c.5 ) The Chief of Police inKabul, AF has strong ties with weapons and drug smuggling activities. The Detainee and Qalam are major players in these operations .

Detainee: It'snot clear, I know Bashir Salangi who was the Chief of forces in Kabul. I know him as a Police Commander but I don't have any relationship with him . I also know Qalam but I am not involved with him . When I was there (Kabul), Bashir Salangi was the ChiefPolice Officer of Kabul police forces.

DesignatedMilitary Officer: Inthe beginningof 1991the Detaineewas accepted into the Alliance and instructedto remaininHezbiIslami Gulbuddinand remain inSurubay inorderto report Hezbi Gulbuddinactivities, movementsand operations.

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Detainee: That's not true. I stayed six months with Gulbuddin but no one ever gave me direction of what to do .

DesignatedMilitaryOfficer: (3.c.7) The Detaineewas givenmoney inexchangefor informationonHekmatyr.

Detainee: I was withGulbuddinforsix monthstenyears ago andI don'tknowanything aboutthis stuff

Designated Military Officer: 3.c.8 The Detainee attended a meeting between members of al Qaida, Taliban and the Hezbi Islami Gulbuddin in Peshawar, Pakistan .

Detainee: I was why wouldtheyletmecometo their meeting. I was never attendedthatmeeting. I was againstthe Talibanwhy wouldI be there ?

DesignatedMilitaryOfficer: ( 3.c.9) The DetaineevisitedMayorMastGulin Muzaferabad, PKonnumerousoccasions.

Detaince WhenKarzaibecamethe PresidentofAfghanistan, hisIntelligenceChief Afireesent hisDeputywithhim as a delegationtoPakistan The fourth guy inthe IntelligenceDepartmentwasthereHajhiShaghawas withhim too. MayorMast Gulwas Shagha'sfriendandI wenttherewithhimas a delegate. I wentthereagainstthe Taliban to findout [ to do .

DesignatedMilitaryOfficer: ( 3.d) OtherRelevantData( 3.d.1) The Detainee, Qalam , and Zardadwere operatinginKabulandcollectinginformationaboutthe Afghangovernment and possiblytheUnitedStatesforces.

Detainee: I told youthat I saw Zardadten years ago and heis notinKabulrightnow he isinLondon, ten years ago he wentto London. Qalamlives inAfghanistanandyou can't find out about himthroughme, I am not a blindguy to work againstmy own (people

DesignatedMilitaryOfficer: ( ) The Detainee, Qalam , and Zardad set up checkpointson the mainroadbetween Jalalabadand Kabul. At the checkpointsthey wouldstop and searchcars, steal itemsofmerchandisethey wantedand demandmoney from the drivers. Ifthe drivers didnot have money or refusedto pay they were beaten One ofthe checkpoints was called " ChamanHotel" because itwas near a hotelownedby the Detainee.

Detainee: The hotelis a placeto eat It'sbuiltfrom mud and on a cobble roadand peoplestoppedcars andeat there. Ten / eleven years ago I was there andI neverhada checkpoint. Peoplemadeupthis stuffagainstme.

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Designated Military Officer ) The Detainee and Qalam were given explosives along with instructions for placing them along a route on 16 February 2003 by an important Hezbi Islami Gulbuddin member. They plannedto organize the attacks on vehicles usedby foreigners onthe road from Kabul Jalalabad, Afghanistan.

Detainee: Ten years ago I was withGulbuddin'sParty and I didn't do thatkindofstuff. I don't know how to do this kindofstuff.

DesignatedMilitaryOfficer: ( 3.d.4 ) The Detaineeworkedas anintelligenceinformant for the AfghanistanInformationMinistry. The Detaineewas offereda job collecting informationdue to his personalrelationshipswith HezbiIslamiGulbuddinandTaliban commanders

Detainee: Threeor fourtimes I went withShaghato PakistanandI did some informationabout GulbuddinandTaliban.

DesignatedMilitary Officer: ( 3.d.5 While employedwiththe InformationMinistry, the Detainee was tasked with collecting information about HebziIslamiGulbuddin commanders invarious Afghanistan districts.

Detainee: I didn't collect informationonevery district. I just went three times to Pakistanwith the IntelligenceService.

PresidingOfficer: You wentthreetimes ?

Detainee: Twotimesin Pakistanandone timeinLogarProvince,

PresidingOfficer Twotimes to Pakistanwiththe Deputy and one time to Afghanistan.

Detainee: Yes, I was doingwork against the Taliban.

Designated Military Officer: ( three-month campaign was fought against the Taliban / al Qaida forces inthe Shaheekut, Gardiz area ofAfghanistan during the spring of 2002. The Detainee commanded a unit of approximately 40 soldiers andheld the rank of Brigade General.

Detainee I went to that war with Gulbider as a not as a General and I did fight there against the Taliban. Gulhider was the General.

DesignatedMilitaryOfficer ( ) The Detaineeclaimsto haveearneda famous reputationfromexperiencegainedfightinginthe SovietAfghanistanjihad. Heboasted 20 total years of experience, 12years againstthe , five years againstthe Taliban andone year againstthe HezbiIslamiGulbuddin.

Detainee: I am not famous and I have never claimed that type of status. 1021 Enclosure 5 ) Page 6 of 12 21667 UNCLASSIFIEDI DesignatedMilitaryOfficer: ( 3.d.8) The Detainee was hiredby an American contractor through a sub - contractor ( Esko) to guard shipments of equipment on a route between Herat and Kabul.

Detainee: The American Esko Company did not give me a job, they (had ) a linguist who needed trucks and I helped find trucks for him . I rented trucks for him and drivers for him , but I didn't work for the company,

Designated Military Officer: ( InDecember 2002 an American contractor corporation employee provided the Detainee with a list ofnamed Afghan security element personnel. The list included weapon serial .

Detainee: That guy is in the camp right now (GTMO Camp ) and that guy is lying and he didn't give me anything. He is in your custody here you can ask ifI took anything from him

Designated Military Officer: ( 3.d.10 The Detainee intended to place a bomb at Camp Serenity at Pol e - Charkhi during the upcoming grand opening ceremony for the radio network station at Camp Serenity. The main target for this attack was President Karzai, United States Ambassador to Afghanistan and other high -ranking Afghani officials.

Detainee: IfI was doing that kind of stuff I would not bring my children and my family to and my children andmy family were inKabul (with me ( that is not true. I don't do that kind of stuff someone made it up. The result of twenty years of war in Afghanistan has caused muchanimosity between the families and the tribes and someone gave my name.

DesignatedMilitaryOfficer: ( 4 ) The followingprimaryfactors favor release ortransfer: The Detainee is thankfulthe UnitedStateswentto Afghanistanbecause differenttribes andArabs hadtaken over the country. Hehopesthe UnitedStates stays longenoughto stop the tribalwars.

Detainee: I don't know about this statement but I do want peace for my country .

DesignatedMilitaryOfficer: Thisconcludesthe UnclassifiedSummary of .

TheDesignatedMilitary Officer confirmedthat he nofurther unclassified information andrequesteda closedsession to presentclassifiedinformation relevant to the disposition of theDetainee.

The Presiding Officer acknowledged the request. The Presiding Officer opened the Administrative ReviewBoardto the Detaineeto present information withthe assistance ofthe Assisting Military Officer. ISN 1021 Enclosure( 5 ) Page7 of 12 21668 UNCLASSIFIEDI/

AssistingMilitaryOfficer: Yes sir, the Detaineewould liketo makeanoral statement andhe gavemesome additionalcommentsto make onhis behalf.

PresidingOfficer: AssistingMilitaryOfficerpleasereadthe additional commentsontheEnemyCombatantElectionForm .

Assisting Military Officer: I am innocent. That guy that turned me in was arrested He is here. I am a farmer. I work on my own farm to send my kids to school. Ifonly God would make these wars disappear and bring peace. Sir, that concludes his additional comments.

Presiding Officer Thank You!

Presiding Officer : You may begin your statement .

TheDetaineemade the following statement:

Detainee: I don'thaveanymorestatementsI just wantto mentionthefollowing. I ama poorguy a farmer. I workonmyfarmto raise mykids andsendthemto schoolandpray toGodto bringpeaceto mycountryandmypeople. I amnot againsttheGovernmentof KarzaiinAfghanistanandI amnotagainstthe UnitedStates. Pleasebelieveme I will go backto myfamily andmykids anddo whatneedsto bedone.

PresidingOfficer: Doesthat concludeyour statement?

Detainee: Yes, that's it.

PresidingOfficer: Thank You !

Detainee: Thankyousir, too.

The Assisting Military Officer hada question for the Detainee.

Assisting Military Officer : I have one question, sir for the Detainee. Just for clarification , you stated that they cannot see the truth, what country were you referring to ?

Detainee: [What] I mean is that I am not blind to fight against my own country. At least there is peace and why should I fight against my own government. Inour the Taliban brought a very bad situation . Right now there ispeace and I am not stupid to fight against my own country

The DesignatedMilitary Officerhadno questions for the Detainee.

Administrative BoardMember's questions

Board Meraber : How long did you live in Pakistan ? ISN Enclosure ( 5) Page 8 of12 21669 Detainee: When the Russians invadedAfghanistan, I went to Pakistan. And when the Russians left, I went back to Afghanistan Whenthe Taliban took over I went againback to Pakistanbut whenKazaitook over as President ofAfghanistan I moved back to Afghanistan.

Board Member: I thoughtyou fought the Russians?

Detainee: All Afghans fought againstthe Russians and I didthe same.

Board Member: When you were in Pakistan you were a refugee ?

Detainee: Yes sir. When Russia withdrew I went back to Afghanistan.

Board Member: Was Zardad a good guy when you knew him ?

Detainee: I don't know him that well. I know him the way mentioned me that's how know him . Twelve years ago I saw him .

Board Member: Is that the Koran you have with you ?

Detainee: Yes sir That's our holy book.

Board Member : Is it written in Arabic ?

Detainee: Yes, allKoransare writteninArabic.

BoardMember: Can you read the KoraninArabic ?

Detainee: Before I didn't knowhow to readit but I have learnedinhere.

BoardMember: Youlearnedhow to read ithere ?

Detainee Yes, inCamp Four allAfghans are living together, that's where I learned how to read. I howto read it there in the camp but now they have sent me to Camp Five.

Board Member : So you can read it in Arabic now ?

Detainee: Yes, a) little. WhenI was withAfghans I was ableto learnhowto read. But nowI amwiththe ArabsI cannot( leam .

Board Member: Tell us aboutyour family. How many children ?

Detainee I have two wives and twelve children.

Board Member How big of a farm do youhave ?

ISN1021 Enclosure( 5) Page9 of12 21670 UNCLASSIFIEDI/ Detainee: 28 (14acres), it'senoughto survive.

Board Member; that inKabul ?

Detainee: AzrahDistrict.

BoardMember: Do you knowhow to fire a Kalashnikov ?

Detainee: No, I used five shot. It's a gun that shoots five times.

Board Member: When youwere a guard onthat road, what kind of weapon did you carry ?

Detainee: I did not guard. I was onthe road and people were comingto me asking for help to finda truck and I was helping them find atruck .

Board Member: Have you heard from your since you have been here ?

Detainee: Yes sir, they sent me letters.

Presiding Officer When we asked you about Kashmir Khan, whether you were an assistant, you answered you are not his Deputy but we didnot say you were his Deputy Why did you usethat term ?

OL - 24: I translated assistant to Deputy.

Detainee: No I am nothis assistant and I am not his Deputy.

Presiding Officer: Have you ever worked as an Intelligence Collector when you fought against the Soviets ?

Detainee: I never worked as an Intelligence Collector I just worked with the government against the Taliban and at that time I worked as an Intelligence Collector for the . I don't like to be a spy. Before I never done ( such a thing but the Taliban was very bad.

Presiding Officer: Whenyou collected information againstthe Taliban you would call that spying?

Detainee: don't know what you about with theword" spy . do you meanbyspy

Presiding Officer You used the word spy I am only repeating what he said.

OL -24: our languageIntelligenceServiceis considered[ as] , so I usedthe word

ISN 1021 Enclosure( 5 ) Page 10of12 21671 Presiding Officer: Okay. You collected information against the Taliban ?

Detainee : I did that to get my revenge against the Taliban.

PresidingOfficer: Another question3.c.6, it statedin 1991you were accepted intothe NorthernAlliance and instructedto remain with HIG , that's a group nota personand when you answered you spoke as ifyouwere stayingwith a person, Mr.Gulbuddin.

Detainee: It's a party and I left the party and I went to the Northern Alliance.

Presiding Officer: You never worked at checkpoints as a guard between Jalalabad and ?

Detainee Neverinmylife.

Presiding Officer : Did you own a hotel ?

Detainee : Before the Russian invasion I owned that hotel and I (purchased ] it with 70,000 rupees.

Presiding Officer : This hotel is a place where you eat, not a place where you can eat and sleep ?

Detainee: Peoplejust stop into eat then they leave. They sit and eat on the floor.

Presiding Officer: Have you receivedinstructions on explosives?

Detainee: I don'tknow a bombandI have neverhad instructions.

Presiding Officer : The list mentioned in 3.d.9 that an employee from an American contracting company provided a list to you . You said the guy was in the camp here but then you also said you don't know him .

Detainee: The investigatorherein camp broughthim face to face withme andthat is how I knowhe is here. They askedhimifhe gavemethe ] and hesaidhe didn'tgive me anything. Hesaidhewas pressuredto givea name. Hesaid ( since working forthe Karzaigovernment I mentionedyourname. Hesaidhedidn'tknowthey wouldarrestmebutthey did me.

The PresidingOfficerreadthepost-AdministrativeReviewBoardinstructionsto the Detaineeandadjournedthe open sessionof theAdministrativeReviewBoard

The PresidingOfficeropenedthe classifiedportion of thesession

The PresidingOfficeradjournedthe classifiedportion ofthe session andthe AdministrativeReviewBoardwas closed for deliberation and voting

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AUTHENTICATION

I certify the material contained inthis transcript is a true and accurate summary of testimony duringthe proceedings.

Colonel, U.S.Marine Corps PresidingOfficer

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