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Subsequently the [[Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]]. |
Subsequently the [[Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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]]. |
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Ghaffar chose to participate in his [[Combatant Status Review Tribunal]].<ref name=CsrtGhaffar> |
Ghaffar chose to participate in his [[Combatant Status Review Tribunal]].<ref name=CsrtGhaffar>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_16_1363-1446.pdf Summarized transcripts (.pdf)], from Abdul Ghaffar's''[[Combatant Status Review Tribunal]]'' - pages 25-32</ref> |
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===allegations=== |
===allegations=== |
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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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Ghaffar chose to participate in his Administrative Review Board hearing.<ref name=ArbGhaffar>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010..pdf Summarized transcript (.pdf)], from |
Ghaffar chose to participate in his Administrative Review Board hearing.<ref name=ArbGhaffar>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010..pdf Summarized transcript (.pdf)], from Abdul Ghaffar's ''[[Administrative Review Board]] hearing'' - page 13</ref> |
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==References== |
==References== |
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[[Category:Guantanamo Bay detainees|Ghaffar, Abdul]] |
[[Category:Guantanamo Bay detainees|Ghaffar, Abdul]] |
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[[Category:Extrajudicial prisoners of the United States|Ghaffar, Abdul]] |
[[Category:Extrajudicial prisoners of the United States|Ghaffar, Abdul]] |
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{{Afghanistan-bio-stub}} |
{{Afghanistan-bio-stub}} |
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{{GuantanamoBay-detainee-stub}} |
Revision as of 00:38, 24 June 2006
- For the known Taliban member, held in Guantanamo, released in 2002, who returned to a leadership position within the Taliban, and was killed in combat on Septemer 24 2004, see Maulvi Abdul Ghaffar
Abdul Ghaffar 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 1032.
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.
Ghaffar chose to participate in his Combatant Status Review Tribunal.[2]
allegations
The allegations against Ghaffar were:
- a The detainee is associated with the Taliban
- On 27 March 2003, a Red Cross convoy was attacked in Afghanistan, and a member of the Red Cross was murdered on the scene
- Prior to the 27 March 2003, incident authorities in the Shahawali Kot area of Afghanistan were informed of a group operating in the area with the intent to do harm to westerners.
- The detainee lives in Shahawali Kot, Afghanistan.
- The detainee is suspected of being a bodyguard of the individual responsible for the killing of Red Cross personnel.
- On 03 April 03, indivicual name Abdul Ghaffar was known to possesses a satellite phone.
- The detainee was captured in a creek bed by U.S. forces on 21 April 03.
testimony
Ghaffar denied any knowledge of the attack on the Red Cross. Denied ever carrying weapons. Asserted everyone in his neighbourhood would concur that he worked with a shovel, not a gun. He said he was too poor to own a gun.
Ghaffar said he welcomed the American overthrow of the Taliban, and had heard that the Red Cross were generous people who came to Afghanistan to do good works.
Ghaffar said he had a dispute, with a neighbor, who had threatened to denounce him to the Americans.
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.
Ghaffar chose to participate in his Administrative Review Board hearing.[3]
References
- ^ http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)], US Department of Defense, April 20 2006
- ^ Summarized transcripts (.pdf), from Abdul Ghaffar'sCombatant Status Review Tribunal - pages 25-32
- ^ Summarized transcript (.pdf), from Abdul Ghaffar's Administrative Review Board hearing - page 13