Baridad

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Baridad is held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Baridad's Guantanamo detainee ID number is 966.

Baridad was one of approximately one dozen men captured following an ambush of an American convoy on February 10, 2003, near the village of Lejay, Afghanistan.^[2]

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 testimony
2 Baridad's testimony at Abdul Bagi's CSRT
3 Administrative Review Board hearing
4 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved. Navy photo by Photographer’s Mate 1st Class Christopher Mobley

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.

Baridad chose to participate in his Combatant Status Review Tribunal.^[3]

[edit] allegations

The allegations against were:^[3]

The Detainee, when captured, was wearing an olive drab green jacket. He was stopped at a checkpoint because he was with a group observed caching weapons, which had recently been used against United States forces.
The Detainee suffered hearing loss, which was caused by firing weapons.
The Detainee had knowledge of an early warning system used to warn villagers of approaching United States or coalition forces.
The Detainee operated an intelligence collection network in support of a former Taliban Chief of Intelligence.

[edit] testimony

Baridad said he had welcomed the American invasion. That surplus green jackets were in common use in Afghanistan, That his deafness dated back to his childhood.

Baridad lived in an isolated village named Lejay, in the province of Helmond. He said his village was isolated enough that they hadn't been bothered by the Taliban, during their occupation. Baridad said he was illiterate, and that he didn't own any land of his own. He farmed the land of a neighbor of his who had lost the use of his legs. He had owned two donkeys. He told the Tribunal he was worried about his family.

"I was in the house when I saw the Americans crossing my village; I came outside and greeted them. Then they ... arrested me."

[edit] Baridad's testimony at Abdul Bagi's CSRT

Abdul Bagi requested as witnesses at his CSRT three fellow Lejay villagers who were detained at Guantanamo.^[4]^[2] One of them was Baridad. Bagi asked his neighbors to testify that he was not a member of the Taliban; that he didn't own a weapon; that he was just a farmer, who was the sole support for his seven younger orphaned siblings.

During the Tribunal's questioning of Baridad he explained that he farmed Bagi's uncle's land.

[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.

Baridad chose to participate in his Administrative Review Board hearing.^[5]