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UNCLASSIFIEDIFOVO ( Revised10aug ) UNCLASSIFIEDIFOVO ( Revised10Aug ) Summary ofAdministrative Board for ISN 987 TheAdministrative Review Board wascalledto order . TheDesignated ( DMO) The BoardReporter was sworn . The Translatorwas sworn. The Detainee entered proceedings. The PresidingOfficerannouncedtheconveningauthority andpurposeofthe AdministrativeReview Board proceedings. The Administrative Review memberswere sworn . TheAssistingMilitaryOfficerwas sworn. ThePresidingOfficeraskedtheDetainee ifhewishesto make a statementunderoath oath offered). The Detaineeacceptedtakingthe ) Detaince: , I swearthat I honestlyandtruthfullywillansweranyquestionthat You The Presiding Officer the to the Detainee and confirmed that ke understood The Assisting Military Officer presentedthe Enemy Combatant Notificationform Exkibi - A , to the Administrative Review Board TheAssistingMilitaryOfficepresentedtheEnemyCombatantElectionForm EC- B, totheAdministrativeReviewBoard. TheDesignatedMilitaryOfficerpresented UnclassifiedSummaryof Evidence 1, ( andDMO- 2 toDMO-3, other ) tothe AdministrativeReview Designated Officerstatedthat copy of these exhibitshadbeen previouslydistributedto the AssistingMilitary Officer andDetainee ISN987 Enclosure( 6) Page 1 of 13 21516 UNCLASSIFIEDUFQUO (Revised 10 Aug 05 ) ThePresidingOfficenoted from theEnemyCombatantElectionForm Detaineewantedto respondto each ofinformationfromthe Unclassified Summaryasitwaspresented TheDesignated Officergavea briefdescriptionof thecontentsofthe Unclassified of Evidence, EchibitDMO- 1to AdministrativeReview Board DesignatedMilitary Officer Commitment, potentiallyincriminating are associated the Detainee: The three letters that you (mention in this I have noidea about. Only one letter first letter that they took to me at Bagram , Afghanistan was from Mulawi translator me the inBagram that was written byMalawi Ahmed Jan ... PresidingOfficer What languageis the letter ? Detaince: In Pashto . MalawiAhmed Jan is the one who wrote the letter. I had him in prison . arrested him . letters should have a date or some numbers and that was at the time of thefalling ofthe Taliban I don'tknow this letter. I was not a civilian...I governmental officer. I fought the Taliban . fought al Qaida. I was a Commander. Duringthe timeof the Taliban I was inPakistan When the started andAmericans came I with the Northern Alliance fighting against the Taliban Regimethat was there which is now the Ministry of Defense in Afghanistan ... was one ofit'sCommanders Presiding Officer Since you have gone beyond answering the first ( ); I am going to ask for the DMO to read his allegations down to number five. Detainee: I will do it butletme finish my statement Presiding Officer: Please, one moment you bave any objections with that. He has gone beyond andinto other areas andI'dlikethe record completed. He'llbe allowed to make a statement Assisting Military Officer: If keep ontrack with his comments and we give him an opportunity... PresidingOfficer You'llbe givenample time to respond DesignatedMilitaryOfficer: Letterone allegesDetaineehadprior knowledgeofand failedto stop productionof ExplosiveDevices(IED's). Letteroneappearsto havebeenwrittenafterthe Detainee'sarrestbecauseitrefersto asthe previous securitycommander. The thesecuritycommanderuntilhis arrost Letter ISN987 Enclosure 6 ) Page2 of13 21517 UNCLASSIFIEDIFQUO UNCLASSIFIEDUFQUO (Revised 10 Aug 05) twowaswrittenonMullahMohammedOmar'sofficialletterheadregardinga meeting andagreementthatthe DetainceandMalawiAhmedJanreached. Theauthoris unknown Detainee: I waswondering... was theretheysaidthat MullahMohammedKabeer wrotethatletterandnowwhenI came here[I was toldthatit was writtenby an unknownperson Whatkindofaccusationis that? Presiding : OK , pleasegiveus the ofthe personyouweretoldoriginally Detainee : Your investigator showed me inBagram that that letter was in the name of Mulawi Mohammed Kabir. DesignatedMilitaryOficer Letterthree was addressedto the intelligence departmentand Talibanmembers Itidentifies the Detainee and all recipients to offer as much help to him as possible. Board Obviously, haddiscussions aboutthis casepriorto thisevent. Jast for ofexpediency, you to know that all three of us have notput muchcredibilityto any ofthese lettersthat we received. PresidingOfficer: We that they are highly suspicious Detainee: If it is suspicious for you guys... you are not sure so why are you guys detaining me Board Member : You are asking us questions. Ijust want you know that we are not concerned so much about these letters. We don't think that they implicate you Board Member : Please answer number two concering production ofimprovised explosive devices. Detainee : I didn't have to . Itwas necessary . Why would I make explosive devices ? Why ? I was a police , how could I do that ? PresidingOfficer: Didyouordidyour subordinate police seize improvised explosivedevices? Detainee : In the time that the Taliban fell, I was a Commander collected ground -to ground rockets ...Ididn't seize any explosives but I seized that heavy machine guns , rockets, rocket I putthem ina place. I been ofputting cxplosive devices behind that court There was nobody inthat was an old building. ISN987 Enclosure( 6 ) Page3 of 13 21518 UNCLASSIFIEDIIFOUO UNCLASSIFIEDIFOLO (Revised10Aug 05 ) PresidingOfficer: OK , thatrefersto thenextsession ...bold onemoment. What I would liketo do is readthe next sessions that coverthat arca andthen your sideofthe story. Yes, sir. PresidingOfficer: WhatI wouldlikeyoutodo is and" initsentiretythen stop beforeyou get to four and we will allow the Detainee to respond DesignatedMilitaryOfficer: Connections and Associations, DetaineeidentifiedJan as the TalibanMinisterofMines andIndustry. TheDetaineeand others ambushed and a group of Taliban, took Janprisoner and beathim . Jan was released to the Pakistan governmentbecause itintervened. OtherRelevantData, Detaineefought inthe Russianjihad asa commanderfornearlyfifteen years. After the jihad, the Detainee servedas the Deputy of Refugec AffairsinJalalabad. During Taliban , the Detaineefought the Taliban. The Taliban capturedthe Detainee heldhimfor nearly two months. TheDetaincewas confinedfor a shorttimeinhis hometownuntilseveral Taliban captured held until lost consciousness. The Taliban releasedtheDetaineeaftervillage elders spoke onhisbehalf. He was exiled from Afghanistanwhenbe was released. TheDetaineereturnedto Afghanistanand fought alongside theAmericans duringthe onToraBora. Detainee: You are going too fast for me please letmeanswer cach one of . Presiding Officer. OK wecanpause here. Please respond. If you bring upmaterialthat is farther down inour information, I am goingto direct the DMO to catchup withyou Please proceed. Detainee: Thatiswhy I askedyoubefore tojustgivemeone questionandI will it andthenanother and I willanswerit Presiding Officer : But that not what you are doing. You are giving a longnarrative to a short statement. Detainee: I willanswer eachquestion. I withthe Allianceon other side ofthe borderofAfghanistancatchingTaliban. I releasedthoseTalibanbecauseof thePakistanpeople. Thentheycompensatedmeforthecarsandtheweapons I had confiscated. BecauseI waswiththeNorthernAlliance, I foughtthe Talibanforsixyears andthet is why they capturedme. PresidingOfficer: So you were never prisoner ? Detainee : Yes, they put me injail at the time ofthe Taliban . When I released me I went to Pakistan and captured them . How come is was determined to be) an Enemy Combatant because I was fighting the Taliban and they put me in jail...how come ? ISN 987 Enclosure ( ) Page4 of13 21519 UNCLASSIFIEDIIFQUO (Revised 10 Aug 05 ) PresidingOfficer Thisboard doesnotaddressthe statusofEnemy Combatant That was a board and we will notaddressthat issuetoday. Thisboarddecides ifyou shouldbe detained, transferredor released... all. Detainee: youwantmetoanswer not? Presiding Officer : Please Detainee 1 myself in to the Afghan to themthat I am not an of Afghansor Americans. Ifthey provethat I am guilty they cankeep me. they don'tjust let go DesignatedMilitary Officer: After the fightingended, the wasappointed as commanderofsecurityfor ShinwarDistrict The Detaineeremained as thesecurity commanderuntilhis capture. siding Officer: that true ? Detainee: Yes, I was sitting inmy officeandthey captured Designated Military Officer: Two months prior to his arrest the and the District commissioner discovered weapons stored in two locations, within next door to the judge's office. Detained the govemor and a cache ofweapons, which included210 rockets other weapons. We broughtthemto our Commander'soffice and we put them together. DesignatedMilitary Officer Detainee claims henotified the governor, the military of office and intelligence officein Jalalabadbut neverreceived response from anyone PresidingOfficer: Isthistrue ? Detaince: found Taliban orother , we to the CommandingOffice every clerk or eachwroteitdownby hand in book. That isthe kind of cache they have. Why didthey say thatI didn't inform them ? Everything that we brought to the base was written dowa PresidingOfficer statementtrue or false ? Detainee: We informed the goverror PresidingOfñcer: Thank you . ISN987 Enclosure( ) Page of UNCLASSIFIEDIFOTO (Revised 10Aug 05) DesignatedMilitary Officer: Mid- February 2003, United States Security ( USSF) came to collectthe cache fromthe district Detainec he in Kabul and did the USSFof the existence ofthe IED's. PresidingOfficer: First I want to know if this statement true or false, thenyoucan explainit Detainee I have to explain itto you Presiding First, is it true
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