Abdul Rauf Aliza
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Abdul Rauf Aliza 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 108.
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[edit] 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.
Aliza chose to participate in his Combatant Status Review Tribunal.[2]
[edit] 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.
Aliza chose to participate in his Administrative Review Board hearing.[3]
The factors for and against continuing to detain Aliza were among the 121 that the Department of Defense released on March 3, 2006.[4]
[edit] The following primary factors favor continued detention:
- a. Commitment
- In Kabul, the detainee stayed at a Taliban guesthouse for an unknown length of time.
- The detainee, along with other Taliban soldiers, traveled to Yonganack where they surrendered to Dostum's Northern Alliance troops.
- b. Training
- The detainee spent about 1 month in Kandahar where he received basic informal courses on the Kalishnikov rifle.
- c. Other Relevant Data
- The detainee was identified as Mullah Abdul Rauf, a Taliban troop commander.
- The detainee stated that he was one of about twelved other conscripted people who were guarding the communication building call Sadarat in Konduz.
- The detainee and other Taliban soldiers would monitor the radio and receive updates on various fighting ongoing in the area by local Taliban soldiers.
[edit] The following primary factors favor release or transfer:
-
- The detainee stated he did not want to join the Taliban, but had no choice.
- The detainee stated he worked for the Taliban military delivering bread from a bakery to the troops because his handicap precluded his service as a regular soldier.
- The detainee was not in charge of the radio nor did he receive any training on the radio.
- The detainee related he has never traveled outside of Afghanistan prior to his transport to Camp X-Ray. The detainee does not own a passport.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ Summarized transcripts (.pdf), from Abdul Rauf Aliza's Combatant Status Review Tribunal - pages 99-101
- ^ Summarized transcript (.pdf), from Abdul Rauf Aliza's Administrative Review Board hearing - page 107
- ^ Factors for and against the continued detention (.pdf) of Abdul Rauf Aliza Administrative Review Board - page 47