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DEPARTMENT OF DEFENSE STATES COMMAND HEADQUARTERS , JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION , GUANTANAMO BAY , APOAE09360 CUBA

JTF- GTMO- CDR 23 February 2008

MEMORANDUMFORCommander, UnitedStates SouthernCommand, 3511NW 91st Avenue, Miami, FL 33172

SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN -000007DP ( S )

JTF - GTMO Detainee Assessment

1. (S) PersonalInformation:

JDIMS/NDRC ReferenceName: Mohammad A Fazl Current/ True Name and Aliases: MullahMohammad Fazl, Mullah Fazl Ahmad ,Mullah FazlMazloom , HajiFazl Akhund Place of Birth: Sekzi, Charchineh District, , (AF) Date ofBirth: 1967 Citizenship: Afghanistan (ISN) : US9AF-000007DP

2. (U//FOUO) Health: Detainee is in overall good health with stable chronic medical problems.

3. ( U ) JTF- GTMO Assessment :

a. (S) Recommendation : JTF-GTMO recommends this detainee for Continued Detention Under Control (CD) . JTF-GTMO previously recommended detainee for Continued Detention Under Control (CD) on 20 August 2007 .

b . (S//NF) Executive Summary Detainee was the Deputy Minister of Defense during Operation Enduring Freedom and is an admitted senior commander who served as Chief of Staff of the Taliban Army and as a commander of the 22nd Division. Detainee is wanted by the UN for possible war crimes including the murder of thousands of Shiites . Detainee was associated with terrorist groups currently opposing US and Coalition forces

CLASSIFIED BY : MULTIPLE SOURCES REASON : E.O. 12958, AS AMENDED , SECTION 1.4 ( C DECLASSIFY ON : 20330223

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

including al-Qaida, Islamic Movement of Uzbekistan (IMU), Hezb- e-Islami Gulbuddin (HIG), and an Anti-Coalition Militiagroup known as Harakat-i -Inqilab-i - Islami. Detainee wielded considerable influence throughout the northern region ofAfghanistanand his influencecontinued after his capture. Detainee’s name and capture have beenused, in recruitingcampaigns by the Taliban, and $ 500,000 US was paid to ensure detainees safe passage. Ifreleased, detainee would likely rejoin the Taliban and establishties with ACM elements participatinginhostilities against US and Coalition in Afghanistan. JTF GTMO determined this detainee to be:

A HIGHrisk, as heis likely to pose a threat to the US, its interests, and allies A LOW threat from a detentionperspective Of HIGHintelligencevalue

c. (S NF) Summary of Changes The following outlines changes to detainee's assessment since the last JTF-GTMO recommendation. (Changes inthis assessment will be annotated by next to the footnote.)

Providedfurther detail regardingdetainee’sinteractionwith senior al-Qaidamembers

4. ( U ) Detainee's Account of Events :

The following section is based, unless otherwise indicated, on detainee's own account. These statements are included without consideration of veracity, accuracy, or reliability.

a. (S//NF) Prior History Detainee and his mother moved from Uruzgan Province to Afghan refugee camps in (PK) during the invasion of Afghanistan ( 1979 1989). In Pakistan, detainee received six years of religious training at the Rabinyah Madrassa inQuetta, PK

b . (S ) Recruitment and Travel : After detainee left the madrassa , Mullah Abdul Ghafar encouraged him to join the Taliban at its inception in 1995. Detainee left Quetta and traveled to , AF , to join the movement . Detainee met Taliban members Mullah Assam Allah and Mullah Khayr Allah, who assigned detainee to his first military position as a Taliban soldier in Kandahar .

1 AnalystNote: IMU, HIG, andACM are NationalIntelligencePrioritiesFramework(NIPF) Counterterrorism(CT) priority2 targets. Priority2 targets are definedas Issues, opportunities, or threats that riseto, or are expected to rise to, the levelofinterestofthe CombatantCommandersor DNIEXCOMPrincipals, not already identifiedas Priority 1. This includesterrorist groups, especiallythose with state support, that havedemonstratedboth intentionand capabilityto attack U.S. persons or interests. 000007 302 14-FEB-2002, IIR 5 360 0709 02 3 IIR5 360 070902, 000007 MFR 13-AUG-2004, Analyst Note: A variant of KhayrAllah is Khairullah.

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

. ( Training and Activities : In 1996, detainee commanded 30 troops. A year later, he was in command of 100 troops . From 1999 to 2001, detainee commanded 2,500 3,000 troops who participated in hostilities against the in the Takhar Province , AF . Shortly thereafter, detainee stated he became the Taliban Chief of Army Staff and Commander of the 10th Division ( comprised of approximately 5,000 troops ) in Takhar Province .

5. (U) Capture Information:

a. ( S //NF) InNovember 2001, detainee surrendered to Northern Alliance commander General Dostum . In late November 2001, detainee and Taliban leaders Mullah , ISN US9AF-000006DP (AF -006 ) , and Abdullah Gulam Rasoul, ISN US9AF 000008DP (AF- 008 , transferred ), along with two other men, turned themselves, subordinate troops, and weapons over to General Dostum . Dostum moved the group to the Qala -i-Jangi fortress in Mazar-e -Sharif, AF, where inlate November captured al-Qaida and Taliban troops instigated a revolt against their Northern Alliance captors during which hundreds of prisoners were killed. During the uprising, about 80 fighters secured themselves in a bunker, refusing to come out and shooting at anyone who approached. Dostum brought detainee and AF -006 to the bunker to ask the prisoners to surrender; detainee and AF-006 refused. In early December 2001, Dostum transported detainee, AF -006 , and AF-008 to a jail in Sheberghan , AF, and they were then transferred to US custody about 20 December

b. ( S) Property Held:

1 analog watch

. ( S ) Transferred to JTF- GTMO : 11 January 2002

d . (S// NF) Reasons for Transfer to JTF-GTMO : To provide information on the following

Taliban order ofbattle Taliban personnel

4 000007 302 14-FEB-2002, 000007 MFR 12-MAR-2002, AnalystNote: MullahKhayrAllah is assessedto be KhirullahSaid Wali Khairkhwa, ISN US9AF-000579DP(AF- 579). 5 000007 302 14-FEB-2002 6 IIR2 341 6004 02, Analyst Note: In IIR 6 034 0429 02, the date of surrenderis given as 12 December2001. 7 7 7210162 02, Deceptionat Qala-I Jangi Prison USSOC – May 2005 8 IIR6 034 0429 02, IIR6 034 0423 02, IIR6 034 0007 02, IIR6 034 093102, JOHN WALKERLINDH- 302 12 SEP-2002, IIR4 2010670 08

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

6. (S//NF) Evaluation of Detainee's Account : Detaineewithholds details ofhis full relationshipwith Taliban supreme leader MullahOmar and his close association with senior Taliban and al-Qaida personnel. Detainee fails to explain his long- term relationship with other extremist groups and associated personalrelationships. Detainee neglects to relate the events surrounding his involvement in military affairs associated with his senior-level Taliban positions.

7. (U ) DetaineeThreat:

a. (S) Assessment Detaineeis assessedto be a HIGHrisk, as heis likely to pose a threat to the US, its interests, and allies.

b (S//NF) Reasons for Continued Detention: Detainee is an admitted senior official of the Taliban government and army and was last assigned to the position of Deputy Minister of Defense. Detainee also served as Chief ofStaff of the Taliban Army and a commander of the 22nd Division. Detainee is wanted by the UN for possible war crimes including the murder of thousands of Shiites. Detainee had operational associations with significant al-Qaida and other extremist personnel. Detainee wielded considerable influence throughout the northern region of Afghanistan and his influence continued even after his capture. Ifreleased, detainee would likely rejoin the Taliban and establish ties with anti- Coalition militias (ACM) participating in hostilities against US and Coalition forces inAfghanistan.

( S //NF) Detainee is an admitted senior official ofthe Taliban government and army and was last assigned to the positionof Deputy Minister of Defense. //NF) Detainee admitted progressing through the Taliban ranks between 1996 and 2001 and was appointed as the Taliban ChiefofArmy Staff and Commander of the 10th Division.9 //NF) Abdul Zahir, ISNUS9AF- 000753DP (AF-753), reported detainee replaced Abdul Razzaq as Deputy Minister of Defense (probably in midto late 2001) . AF-753 also stated detainee commanded the 22nd Division. The 22nd Division was composed of 1,100 foreign fighters and was based at the Darulemanmilitary complex, which was located approximately 25 km from Kabul, AF . Analyst Note: Daruleman is probably a known, or a series ofknown, al-Qaida and Taliban associated guesthouse referred to as the Dar Aman and Dar al-Aman, used for processing and lodging fighters supporting jihad against the NorthernAlliance . "

9 000007302 14-FEB-2002, 000007MFR 12-MAR-2002 10 IIR 6 034 027103, IIR6 034041804, 000753SIR08-DEC- 2003, AnalystNote: Detaineewas reported assumingthe DeputyMinisterofDefensepositionfromMullahAbdul Razzaqinthe “ last daysofthe Taliban. ” A variantofRazzaqis Razak. 11 000094302 20 Apr 2002 (reportedtwo hoursfromKabul), IIR6 034 041702 ( reportedinKonduz, IIR6 034 135703 and IIR6 034 1657 03 (reportedin Kabul)

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee , ISN -000007DP ( S )

( S //NF) Detainee and his troops were supplied with weapons by Taliban 12 Minister of Defense, Mullah Haji Obaidullah Akhund. Upon his capture, 13 detainee was replaced as Deputy Minister of Defense by Haji Mullah Abdallah. ( S //NF) Detainee probably commanded the 22nd Division through IMU leader Jumaboy Khojiyev Namangani (deceased), who was in charge of foreign fighters in Afghanistan.14 was the immediate commander of the 22nd Division 15 ( S //NF) Senior al- Qaida commander NashwanAbd al-Razzaq Abd al-Baqi, aka (Abd al- Hadi al- Iraqi) , ISN 10026DP (IZ- 10026), was the deputy 16 commander and representative of the22nd Division . S //NF ) Hezb - e - Islami Gulbuddin (HIG) commander Akhtiar Mohammed , ISN - 001036DP (AF- 1036, transferred ), identified detainee as second - in-command of the Taliban military until the former Chief of Staff of the Taliban Army died in an aerial bombardment, whereupon detainee became Chief of Staff. Analyst Note : Detainee's level of association with the HIG requires further investigation .) S //NF) Deputy Taliban Minister of Intelligence , , ISN US9AF 18 000004DP (AF - 004 ) , identified detainee as a commander of the Takhar region. Many other current and former JTF-GTMO detainees identified detainee as a Taliban 19 commander operating in the northern region of Afghanistan . Detainee was also 20 identified as the Taliban Deputy Minister of War for the Northern Front . //NF) Convicted al- Qaida member John Walker Lindh identified detainee as a top Afghan Taliban general in northern Afghanistan and an associate of AF-006.21 Detainee was also identified as the commander of Taliban forces fighting in Nahrin , AF in November 2000.22

12 000007 SIR 22 -SEP-2003 13 - 314/17976-02 14 IIR 6 034 0847 02 15 IIR 6 034 0355 04, Analyst Note : A variant of Jumaboy is Jumna . 16 IIR 6 034 0165 04 17 001036 SIR 30 -JAN-2006 , Analyst Note: Additional reporting of detainee's position as Army Chief of Staff can be found in TD- 314-38271-01. 18 IIR 6 034 0598 02 19 Analyst Note: These detainees included AF-008 ( see 000008 KB 12-FEB-2002 ); ISN - 000017DP ( transferred , see 000017 KB 11 -FEB-2002 ); ISN -000021DP (see 000021 KB 13-FEB-2002 ); ISN 000092DP (transferred , see IIR 6 034 0885 02 ; ISN -000108DP (see 000108 KB 15-FEB -2002 ); ISN -000140DP (transferred , see 000140 KB 07-FEB-2002 ); ISN 000205DP ( transferred , see 000205 KB 12- FEB-2002 ) ; ISN US9AF -000362DP ( IIR 6 034 0721 02); ISN -000366DP (see IIR 6 034 0364 02); ISN US9AF -000518DP (transferred , see IIR 6 034 0316 03, IIR 6 034 0596 02) ; and ISN -001004DP see 001004 HANDNOTE 04 -APR - 2003 ). 20 7 126 0033 02 21 IIR 4 201 2925 05

22 2 340 6309 02

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

( S /NF) Detaineeis wantedby the UNfor possiblewar crimeswhile servingas a TalibanArmyChiefof Staffand was notedhavinga longrecordofhumanrights 23 abuses. //NF) Detainee was implicated in the murder of thousands of Shiites in northern Afghanistan during the Taliban reign. When asked about the murders, detainee and AF - 006 did not express any regret and stated they did what they needed 24 to do in their struggle to establish their ideal state . The UN added detainee to the financial “ freeze pursuant to UN Security Council Regulation (UNSCR ) 1267. UNSCR 1267 requires member states to freeze financial resources of suspected Taliban members. 25 //NF) Detainee stated the Iranian government suspected him of being connected to the killing of Iranian diplomats at the Iranian Consulate inMazar-e Sharif in 1998. Iranian officials questioned detainee while he was held prisoner by General Dostum . Detainee stated that when the Taliban gained control of the Mazar e- Sharif area in 1998, the Iranians were foreigners and were considered to be 26 supporting the enemy . (Analyst Note: Although detainee has not expressly admitted involvement in the diplomats killings, he has tried to justify their deaths by stating they were enemies of the Taliban.) ( S //REL TO USA, AUS, CAN, GBR, NZL) Shortly after detainee's surrender to Northern Alliance forces, Northern Alliance commanders discussed giving detainee amnesty. However, some Northern Alliance commanders strongly opposed amnesty for detainee, because he and Dadullah Lang were allegedly responsible for massacres at Yakawlang, Bamyan Province, AF, inwhich several hundred civilians were killed.27 (S// REL TO USA, AUS, CAN, GBR, NZL) In late January 2001, the UN launched an investigation into an allegation Taliban forces massacred hundreds of civilians following the Taliban recapture of Yakawlang. mid - February, the UN Security Council issued a public statement condemning the Taliban for the 29 deliberate killing ofcivilians in Yakawlang. ( S //REL TO USA, NATO, AUS, NZL) Detainee protected a subordinate accused of mass murder. Detainee's deputy commander, MullahDadullahLang, aka (Commander Dadullah), was reportedly responsible for the murder of500 Shia, Hazara, and Uzbek civilians, including men, women, and children, during the winter

23 IIR 6 873 020102, SECSTATE09858822- May- 2002 24 IIR 7 721 0162 02 25 SECSTATE 098588 22- May- 2002 26 000007 SIR 27 - MAR- 2002 27 32199-01 TEARLINE 28 NOV 2001 28 609-01 TEARLINE 30-JAN-2001 29 UNMISSION USUN NEW YORK 000338 13 FEB 2001

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of 2000. Dadullah Lang's troops seized the people near Sar-i-Pol, AF , trucked them to Baghlan Province, AF, killed them, and threw the bodies into gorges. (S// TO USA, ISAF) After Mullah Omar found out about the massacre, he ordered Dadullah Lang to be disarmed and brought to Kandahar to explain his actions. Detainee vouched for Dadullah Lang, reportedly telling Supreme Leader of the Taliban Mullah Muhammad Omar that ifDadullah Lang was disarmed , detainee would disarm Mullah Omar (Analyst Note : Detainee was directly 32 subordinate to Mullah Omar. Detainee's threat directly against the Supreme Leader of the Taliban indicates he held great authority and power within the Taliban. Mullah Omar continues to lead the Taliban and is active inAnti Coalition Militia Operations against US and Coalition forces in ) ( S //NF ) Detainee had operational associations with significant al-Qaida and other extremist personnel . //NF) Senior al-Qaida commander IZ- 10026 met with detainee on several occasions to include immediately following the assassination of Northern Alliance commander Ahmad Shah Massoud in September 2001. IZ- 10026 stated the Northern Alliance was demoralized after the assassination and met with detainee to 34 immediately coordinate an attack with the Taliban against the Northern Alliance. ( S //NF) IZ- interpreter, AF-753, stated detainee and IZ- 10026 met near Khwajah Ghar, AF inthe summer of 2001. At the time, detainee was visiting all front- line commanders to get status reports on front- line divisions. IZ- 10026 confirmed he (IZ-10026) held meetings with detainee and the Taliban on the front lines at Takhar ( S //NF) Detainee acknowledgedmeeting IMUleader Jumaboy Khojiyev Namangani (deceased) , who was in charge of foreign fighters inAfghanistan. ( Analyst Note: Namangani and the IMUalso receiveddirect funding from Usama Bin Laden (UBL) . ) ( S //NF) Detainee stated Tohir Abduhalilovich Yuldashev, aka ( Qari Tahirjan ), the political leader of the IMU, met with Mullah Rabbani ofthe Taliban government at Kandahar in approximately 1999. During the meeting, they agreed the Taliban would support the IMUwith money, weapons and

30 TD- 314/ 43908-01 31 IIR 6 059 3794 07

32 TRRS 04-03-1092 33 7 397 0541 08, IIR 6 832 0372 08, IIR 7 100 0244 08 34 IIR 4 201 0670 08 35 IIR 6 034 0355 04 36 4 201 0670 08 37 IIR 6 034 0847 02 38 IIR 6 873 0204 01, 000007 SIR 27 - OCT - 2004

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

logisticalsupport; and in return, the IMUwould provide soldiers for the Taliban 39 (S// NF) Detainee was associated with the ACM group Harakat -i -Inqilab-i-Islami . Detainee was accompanied by Taliban official Shams ul-Haq and Taliban Minister of Hajj and Endowment Maulawi Sayed Ghiasuddin Agha in late November 2001 to negotiate surrender to the Northern Analyst Note : Maulawi Agha was affiliated with the Harakat-i- -i -Islami.) ( S //NF) Detainee possessed vast power and financial resources at the time of his capture. He would likely use his prominence in the Taliban to participate in hostilities against US and Coalition forces in Afghanistan if he were released. ( S //NF) On 7 November 2001, the US Treasury Department, inconjunction with Swiss authorities, froze the assets of the al- Taqwa Bank headquartered in Lugano, Switzerland. Detainee maintained an account at the bank , whose other account holders included al-Qaida, Taliban, and HIG personnel. 41 //NF) Detainee was reportedly involved in Taliban narcotics trafficking activities . According to a Tajik government service, a leader among narcotics 42 smugglers, Haji Dur, maintained close contact with detainee . (Analyst Note: Detainee probably received financial benefits from this relationship . ) //NF In November 2001, a Taliban official paid General Dostum $ 500,000 US on behalf of detainee to ensure safe passage from Konduz, AF, for detainee, an undetermined number of Arabs, and several hard- line senior Taliban officials, 43 including AF -006 and Dadullah Lang. Analyst Note: The large sum paid by the Taliban on detainee's behalf highlights detainee's importance within the Taliban hierarchy.) //NF) InMay 2002 , Taliban forces near Kandahar posted leaflets that included detainee and AF - 006's names in attempts to recruit new members . The leaflet rallied support by highlighting General Dostum’s “betrayal” resulting in the “ illegal detainment of detainee and AF-006 . The leaflet implied General Dostum broke his word with detainee and AF -006 concerning their surrender at Mazar e-Sharif in November 2001.444 ( S // NF) AF 1036 stated detainee has continued to spread anti- Afghan government and anti-US messages among detainees at JTF-GTMO. AF- 1036 lists detainee among several detainees at JTF -GTMO who would likely pose a threat to the Afghan government it released.45

39 IIR 5 360 0709 02 40 000007 302 24-FEB- 2002; SECSTATE098588 22 -May-2002 , Number 62 314 / , 26601-01 TEARLINE 17- OCT- 2001 42 TD- 314/ 47387-01 43 TD- 314/ 46829-01 44IIR 2 341 7079 02 45001036 SIR 30-JAN- 2006

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JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN US9AF -000007DP ( S )

( S //NF) Detainee's Conduct Detainee is assessed to be a LOW threat from a detention perspective. Detainee's overall behavior has been compliant and rarely hostile to the guard force and staff. Detainee currently has 10 Reports of Disciplinary Infractionlisted in DIMS with the most recent occurring on 31 May 2007 , when he was in possession of a pair of shorts with the elastic pulled from the waistline. Detainee has one Report of Disciplinary Infraction for assault occurring on 18 August 2003 , when he threw a cup ofwater at a guard. Other incidents for which detainee has been disciplined include failure to follow instructions and camp rules, attempted assault damage to government property, and non-weapon type contraband. In 2007, detainee had a total of one Report of Disciplinary Infraction and none so far in2008 .

8. (U DetaineeIntelligenceValueAssessment:

a. (S) Assessment Detainee is assessed to be ofHIGH intelligence value . Detainee's most recent interrogation session occurred on 23 November 2007.

b . S //NF) Placement and Access: Detainee was a member of the Taliban regime from 1995 until his surrender in November of 2001. Detainee held several important military positions with direct access to the highest level strategic planning and operational activities. Detainee probably had access to information concerning weapons , narcotics trafficking, and financial networks. Detainee was directly connected to several extremist organizations and facilitated programs supporting the Taliban, including al-Qaida and IMU .

c. (S NF) Intelligence Assessment : Detainee's placement and access provided him knowledge on many key individuals , decisions, and activities of the Taliban regime . He has specific information on biographical data of Taliban leaders and Taliban hierarchical networks. Detainee has specific information relating to several extremist organizations that provide support to the Taliban . Detainee also probably has significant information on Taliban and al-Qaida personnel still active today .

d . ( S //NF) Areas of PotentialExploitation:

Biographicaldata on active Taliban andal-Qaida senior personnel Taliban associations with extremist organizations, inclu ling al-Qaida Dataon early stages of Taliban Informationon Mazar-e- Sharifprisonuprising Informationon assassinationof Iraniandiplomats Informationon war crimes committedby former commandersunder his control Terrorists and foreignfighters training, motivation, recruitment, leadership, and networks

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JTF -GTMO -CDR SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee , ISN -000007DP ( S)

Taliban influence inPakistan Terrorists and associated facilities in Quetta Detainee's intentions after release from US custody

9. (S) EC Status : Detainee's status was reassessed on 6 December 2004, and he remains an enemy combatant .

MARK H. BUZBY Rear Admiral , US Navy Commanding

Definitions for intelligence terms used in the assessment can be found in the Joint Military Intelligence College October 2001 guide Intelligence Warning Terminology .

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