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===first detainee transcript numbered 762=== |
===first detainee transcript numbered 762=== |
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One is a single page that contains a note from the detainee's Personal Representative that reads: ''"The detainee will contest his enemy combatant status in the courts in January.<ref name=CsrtAbaidullah>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_9_1018-1088B.pdf Statement (.pdf)], from |
One is a single page that contains a note from the detainee's Personal Representative that reads: ''"The detainee will contest his enemy combatant status in the courts in January.<ref name=CsrtAbaidullah>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_9_1018-1088B.pdf Statement (.pdf)], from Abaidullah's''[[Combatant Status Review Tribunal]]'' - page 54</ref>"'' |
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===second detainee transcript numbered 762=== |
===second detainee transcript numbered 762=== |
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There is a second transcript for a detainee with ID number 762.<ref name=CsrtAbaidullah2>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_42_2728-2810.pdf Summarized transcripts (.pdf)], from |
There is a second transcript for a detainee with ID number 762.<ref name=CsrtAbaidullah2>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_42_2728-2810.pdf Summarized transcripts (.pdf)], from Abaidullah's''[[Combatant Status Review Tribunal]]'' - pages 42-52</ref> |
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The transcript of his testimony is eleven pages long. It does not contain a specific list of the allegations against him. Several of the allegations can be interpolated from some of the answers he offered: |
The transcript of his testimony is eleven pages long. It does not contain a specific list of the allegations against him. Several of the allegations can be interpolated from some of the answers he offered: |
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They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. |
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. |
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Abaidullah chose to participate in his Administrative Review Board hearing.<ref name=ArbAbaidullah>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_8_20751-21016.pdf Summarized transcript (.pdf)], from |
Abaidullah chose to participate in his Administrative Review Board hearing.<ref name=ArbAbaidullah>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_8_20751-21016.pdf Summarized transcript (.pdf)], from Abaidullah's ''[[Administrative Review Board]] hearing'' - page 219</ref> |
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===''The following factors favor continued detention:=== |
===''The following factors favor continued detention:=== |
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:#''The Jama’at al-Tabligh is a legitimate Islamic Missionary organization based in Pakistan and is believed to be used as a cover for action by Islamic extremists. |
:#''The Jama’at al-Tabligh is a legitimate Islamic Missionary organization based in Pakistan and is believed to be used as a cover for action by Islamic extremists. |
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:#''The detainee said Karim was a member of the Jama’at al-Tabligh and a shopkeeper who he partnered with in business. The detainee became indebted to Karim after losing 50,000 Rupees. In return for the debt, Karim asked him to store some land mines at his home. |
:#''The detainee said Karim was a member of the Jama’at al-Tabligh and a shopkeeper who he partnered with in business. The detainee became indebted to Karim after losing 50,000 Rupees. In return for the debt, Karim asked him to store some land mines at his home. |
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:#''[[Bostan Qadeem]], |
:#''[[Bostan Qadeem]], also known as Karim, is a suspected al Qaida cell leader and bomb maker. He and another man were detained. The two did not have identity papers. In their possession they had a [[Thuraya]] [[satellite telephone]], $2,700 USD, 3,600 Pakistani Rupees and 70,000 Afghan Rupees. |
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:#''Three days before the detainee’s arrest, Karim drew some schematics on how to detonate the mines in |
:#''Three days before the detainee’s arrest, Karim drew some schematics on how to detonate the mines in a notebook that the detainee kept under his mattress. |
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:#''The detainee said that Karim told him the purpose of the land mines was to kill people that Karim did not like. |
:#''The detainee said that Karim told him the purpose of the land mines was to kill people that Karim did not like. |
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:#''Karim asked the detainee to take a truck full of wood, lumber and a bomb to [[Kabul]], Afghanistan for the purpose of driving it close to where the Americans are. |
:#''Karim asked the detainee to take a truck full of wood, lumber and a bomb to [[Kabul]], Afghanistan for the purpose of driving it close to where the Americans are. |
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==References== |
==References== |
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<references/> |
<references/> |
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[[Category:Guantanamo Bay detainees]] |
[[Category:Guantanamo Bay detainees]] |
Revision as of 20:09, 30 June 2006
Abaidullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 762.
Abaidullah is notable for reporting abusive interrogation while held in Bagram, during a period of time when the officers in charge have acknowledged directing the use of the proscribed technique of chaining a detainees hands above his head in order, to impose sleep deprivation.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
The Department of Defense released two dossiers bearing the detainee ID 762.
first detainee transcript numbered 762
One is a single page that contains a note from the detainee's Personal Representative that reads: "The detainee will contest his enemy combatant status in the courts in January.[2]"
second detainee transcript numbered 762
There is a second transcript for a detainee with ID number 762.[3]
The transcript of his testimony is eleven pages long. It does not contain a specific list of the allegations against him. Several of the allegations can be interpolated from some of the answers he offered:
He acknowledged that he had, briefly, been enlisted in the Taliban's Army -- but he had been forcibly conscripted.
He acknowledged that he had a notebook with some drawings of landmines. When he was conscripted his beard had not grown in, so he was considered too young for front line duty. He had, therefore, been sent for training. He had briefly attended training where he was taught about how to set land mines to destroy Northern Alliance tanks. He said he had deserted after two days, and hed then used the notebook to record his debits and credits from the stall he had in the bazaar. The Taliban had looked for him, for a while, after his desertion. But, the American invasion occurred shortly thereafter, and they quit looking
One of the allegations against him seems to have been that he was living in a house belonging to a Taliban leader. By his account the house had belonged to an official in Afghanistan's communist regime, named Ali Jhan. He and his widowed mother had moved in when Jhan had fled after the Taliban took power.
He acknowledged that there were mines on his property. When he and his widowed mother had moved in to the house after Jhan's departure they found he had left behind several hundred land mines. They would have been dangerous to keep in the house, and dangerous to turn in to the Taliban -- who apparently routinely punished those who turned in weapons. So his mother decided to bury them on a waste scrap of their property.
Administrative Review Board hearing
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
Abaidullah chose to participate in his Administrative Review Board hearing.[4]
The following factors favor continued detention:
- a. Commitment
- The detainee attended a Madrassa in Dusarakuh, Afghanistan where he practiced militant Islam and was recruited by al Qaida.
- During the time of the Taliban rule, the detainee helped coordinat the movement and activities of various foreign al Qaida operating in the Khowst area.
- After the beginning of the Allied Forces Campaign against al Qaida and the Taliban, the detainee used his compound to hide and relocate about 18 Arab al Qaida member to Pakistan. Subsequent to the Shahi Kot Campaign, the detainee hid six additional al Qaida Arab members in his house.
- One month after the conclusion of the Shahi Kot fighting, the detainee received orders to prepare command-detonated mines to use against United States forces in Khowst area.
- The detainee placed two Soviet anti-tank mines on the road between Khowst and Miram Shah, Pakistan. He eventually removed the mines, because no United States forces passed by the road and a rain shower washed away the dirt that was covering the mines.
- The detainee continued to experiment in order to devise a means to detonate the mines. In mid-July 2002, the detainee had at least 18 anti-tank mines hidden in his compound.
- The detainee was either given a vehicle or received funds to buy a vehicle that he used to scout a position from which he could attempt another mine attack.
- The detainee received cash and additional explosives at his home and traveled to Peshawar, Pakistan to receive instructions or carry messages between Arab al Qaida and their Afghan subordinates still in Khowst Province.
- The detainee was captured with over 20 anti-tank mines in his home and was personally carrying a notebook containing electronic and explosives schematics.
- b. Training
- The detainee attended a mechanical high school in Khowst City, Afghanistan. Subjects relating to tanks, mines and weapons were taught by the Taliban at the school. He attended the mine course, which covered the basics regarding Russian mines, approximately one month prior to 11 Sep 2001.
- c. Connections/Associations
- The detainee joined Jama’at al-Tabligh in approximately 2000.
- The Jama’at al-Tabligh is a legitimate Islamic Missionary organization based in Pakistan and is believed to be used as a cover for action by Islamic extremists.
- The detainee said Karim was a member of the Jama’at al-Tabligh and a shopkeeper who he partnered with in business. The detainee became indebted to Karim after losing 50,000 Rupees. In return for the debt, Karim asked him to store some land mines at his home.
- Bostan Qadeem, also known as Karim, is a suspected al Qaida cell leader and bomb maker. He and another man were detained. The two did not have identity papers. In their possession they had a Thuraya satellite telephone, $2,700 USD, 3,600 Pakistani Rupees and 70,000 Afghan Rupees.
- Three days before the detainee’s arrest, Karim drew some schematics on how to detonate the mines in a notebook that the detainee kept under his mattress.
- The detainee said that Karim told him the purpose of the land mines was to kill people that Karim did not like.
- Karim asked the detainee to take a truck full of wood, lumber and a bomb to Kabul, Afghanistan for the purpose of driving it close to where the Americans are.
- The detainee says that Karim is thought to be a Taliban commander who was getting funding from the Taliban or the Arabs.
- d. Other Relevant Data
- The detainee was arrested during a raid on Miland Village, Ismail Khiel District, Khowst Province, Afghanistan.
- The detainee was captured on 20 July 2002.
- The detainee says that he never would have placed or detonated the mines that Karim had given him. He only promised to help Karim because he had been promised money, and he needed money to help support his family.
The following primary factors favor release of transfer:
- The detainee never saw Jama’at al-Tabligh members who were associated with al Qaida or who were recruited on behalf of al Qaida.
- The detainee stated he never attended training camps related to Jama’at al-Tabligh, jihadist or the military.
- The detainee denied having any knowledge of the attacks in the United States prior to September 11th, and he also denies knowledge of any rumors or plans of future attacks on the United States or its interests.
- The detainee claims not to have had any knowledge of or affiliations with al Qaida or Taliban forces. He says he made a mistak and regrets his actions.
testimony
Abaidullah denied all the allegations. He acknowledged that he had confessed some of the statements attributed to him. But it had been during the time he was held in Bagram, and was subjected to abusive interrogation techniques. Abaidullah said he had a knife held to his throat, and threatened that if he did not make the admissions his interrogators they wanted they would slit his throat. He said he had his hands suspended above his head for long periods of time. He had been subjected to long periods of sleep deprivation. He had a bag a sand suspended from his bound hands, and had been made to march back and forth all night long.
Abaidullah acknowledged that the Madrassa he was accused of attending did exist. But he attended a modern school, finishing eleventh grade, until the Taliban shut it down.
He was forced, by the Taliban, to attend a mine warfare school. But he went AWOL after just two days. The Taliban came looking for him, several times, but relatives hid him. Then the Americans overthrew the Taliban. He had kept a notebook in which he had transcribed notes during his two days in the mine warfare school. Most of the notebook was empty and he had used the remaining pages to record his income and expenses from his business.
Abaidullah acknowledged that there were mines on his property. He and his widowed mother had been allowed to move into a house abandoned by a military leader opposed to the Taliban. His mother found mines, of unknown age, buried in their home. It wasn't safe to turn in weapons during the Taliban's reign. They were apt to torture the person turning them in, demanding they confess to where other weapons were. So his mother decided to bury the mines elsewhere on their property.
Abaidullah acknowledged that he did owe his partner money. Hamid Karzai's government issued new currency, and he had bought a quantity. Then the value of the currency dropped in value. He denied that his partner had ever tried to ask him to pay off the debt by assisting in terrorist or resistance operations. He said he was unaware of his partner having any ties to the Taliban or al Qaeda.
References
- ^ list of prisoners (.pdf), US Department of Defense, April 20 2006
- ^ Statement (.pdf), from Abaidullah'sCombatant Status Review Tribunal - page 54
- ^ Summarized transcripts (.pdf), from Abaidullah'sCombatant Status Review Tribunal - pages 42-52
- ^ Summarized transcript (.pdf), from Abaidullah's Administrative Review Board hearing - page 219