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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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Batayev chose to participate in his [[Combatant Status Review Tribunal]].<ref name=CsrtBatayev>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_10_1089-1144.pdf Summarized transcripts (.pdf)], from |
Batayev chose to participate in his [[Combatant Status Review Tribunal]].<ref name=CsrtBatayev>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_10_1089-1144.pdf Summarized transcripts (.pdf)], from Ilkham Turdbyavich Batayev's''[[Combatant Status Review Tribunal]]'' - pages 47</ref> |
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===testimony=== |
===testimony=== |
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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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Batayev chose to participate in his Administrative Review Board hearing.<ref name=ArbBatayev>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_5_20000-20254.pdf Summarized transcript (.pdf)], from |
Batayev chose to participate in his Administrative Review Board hearing.<ref name=ArbBatayev>[http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_5_20000-20254.pdf Summarized transcript (.pdf)], from Ilkham Turdbyavich Batayev's ''[[Administrative Review Board]] hearing'' - page 116</ref> |
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==References== |
==References== |
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[[Category:Guantanamo Bay detainees|Batayev, Ilkham Turdbyavich]] |
[[Category:Guantanamo Bay detainees|Batayev, Ilkham Turdbyavich]] |
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[[Category:Extrajudicial prisoners of the United States|Batayev, Ilkham Turdbyavich]] |
[[Category:Extrajudicial prisoners of the United States|Batayev, Ilkham Turdbyavich]] |
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Revision as of 00:33, 24 June 2006
Ilkham Turdbyavich Batayev is a citizen of Uzbekistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 084.
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.
Batayev chose to participate in his Combatant Status Review Tribunal.[2]
testimony
Batayev was confused with whether the Tribunal was a court of law, and why he wasn’t being provided with a lawyer.
Batayev told the Tribunal he was not from Uzbekistan, he was from Kazakhstan.
Batayev explained that he had come to Tajikstan to sell apples, and in Tajikistan he was seized by men who sold him to the Taliban. The Taliban didn’t try to employ him as a fighter. They put him to work assisting in a kitchen. He was employed in this fashion for five to six months. When the Americans attacked everyone ran away and he was able to escape.
Batayev was captured the next day by Northern Alliance forces. He was sent to Mazar-e-Sharif, and he described his experience of the uprising there. The group of men he was incarcerated with were being kept in a basement. When they were ordered out he heard shooting. He was injured by a grenade that killed most of the other men he had been with. He and other survivors were trapped for five or six days in the basement. Eventually the Northern Alliance tried burning them out, and then tried flooding them out. When he was well enough to be moved he was sent to Guantanamo.
When his testimony was over the Tribunal President thanked him for his co-operation, and commented on his white uniform.
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.
Batayev chose to participate in his Administrative Review Board hearing.[3]
References
- ^ list of prisoners (.pdf), US Department of Defense, April 20 2006
- ^ Summarized transcripts (.pdf), from Ilkham Turdbyavich Batayev'sCombatant Status Review Tribunal - pages 47
- ^ Summarized transcript (.pdf), from Ilkham Turdbyavich Batayev's Administrative Review Board hearing - page 116