Bismullah (Guantanamo ID 968)

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To distinguish between the different individuals named Bismullah see the disambiguation page.

Haji Bismullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Bismullah's Guantanamo detainee ID number is 968. American intelligence analysts estimate Bismullah was born in 1979 and was from Musa Qala, Afghanistan.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 Documentary evidence
- 2.2 Factors for and against continued detention
3 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 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.

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.

Bismullah chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] Witness request

Bismallah requested the testimony of his brother. The President of his Tribunal ruled that his brother’s testimony would be relevant. But the request from the Department of Defense to the Department of State to request the Afghanistan embassy to request the Afghan civil service to help locate Bismallah’s brother didn’t produce any replies. So his Tribunal’s President ruled his brother’s testimony “not reasonably available”.

[edit] Allegations

The allegations that Bismallah faced during his Tribunal were:

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --

The detainee and his wife have been identified as members of the Taliban.
The detainee acted on behalf of leaders of Fidayan Islam.
Fidayan Islam is a terrorist organization in Afghanistan targeting United States and Coalition forces.
The detainee was directed to identify' and kill local Afghanis who were assisting U.S. forces.
The detainee was detained by American forces in Gereshk Village, Baghram District, which is located in Helmande Province, Afghanistan.

b. -- The general summary of the allegations of hostile activity were missing from the transcript. --

The Detainee provided information concerning movements of U.S. forces in Helmand Province of Afghanistan to insurgent operatives opposed to U.S. forces.

[edit] Testimony

[edit] Administrative Review Board hearing

Thuraya satellite phone, and solar charger, enabling usage in remote areas where there is no electrical service.

The Thuraya satellite phone has 250,000 subscribers in the middle east. It is capable of serving as a GSM cell phone in areas where cellular service is available, and falling back to satellite service in areas where cellular service is unavailable.

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.

Bismullah chose to participate in his Administrative Review Board hearing.^[3]

[edit] Documentary evidence

Bismallah requested permission to submit 23 documents to his Board on November 1, 2005.

[edit] Factors for and against continued detention

Bismallah’s Board convened on November 3, 2005.

The factors for and against continued detention were always separated into two categories “the following primary factors favor continued detention”, and “the following primary factors favor release or transfer”. The factors favoring continued detention were always further broken down into subcategories, like “Commitment”, “Training”, “Hostile activity”. And the factors in each subcategory were always numbered sequentially. The transcript does not record the breakdown of the factors into categories.

The detainee has been a Taliban member for six years.
The detainee was a Deputy Commander [sic] for Razei Khan, a Taliban Commander [sic], during his time of command in combat.
The detainee worked for Abdul Wahed on the terrorist team.
The 40-man unit is part of the Taliban and supported by al Qaida. The supreme commander of the unit is Haji Raes Abdul Wahed.
The detainee provided some tactical information for the 40-man unit and used a short-range radio and long-range satellite telephone to communicate.
In response to United States’ requests for information against Fidayan Islam, Fidayan Islam leaders directed the detainee to find and kill the local Afghans that are helping the Americans.
Fidayan Islam is the combine [sic] effort of Hezb-e-Islami and [sic] active Taliban.
The detainee traveled the streets of Gereshk at night asking questions about the Americans and those who spoke to them. The detainee was hoping that a show of force would scare people into providing information that would lead to those helping United States Forces.
The detainee was an associated [sic] of Dost Mohammed. Dost Mohammed had planned a rocket attack against the United States military base in Deh Rawhud, Afghanistan in mid-August 2002.
As Chief of Transportation, the detainee was issued a permit allowing him t [sic] carry a driver’s license, use a mobile phone and [sic] weapon. The detainee was also given a vehicle and two weapons.
During August 2002, the detainee and two other former Taliban officials traveled to Pakistan with the objective of acquiring a sedan type vehicle for use in a car bomb attack against the United States military base in Deh Rawhud, Afghanistan.
Activity by United States Special Force teams in Gereshk, Afghanistan was monitored by Afghan military on duty at checkpoints throughout the city. United States Special Force activity, no matter how trivial, was immediately reported to the detainee. The detainee then called his insurgent counterparts via radio notifying them that the Americans were coming and warning them that they should hide.
The detainee passed reports of United States Special Forces activity to Sher Mohammed. Mohammed followed similar reporting pattern to that of the detainee, alerting his insurgent counterparts by satellite phone.
The detainee was captured on 12 February 2003 at the Forward Operating Base in Gereshk, Afghanistan near the Afghanistan Department of Transportation Office.
On the morning of the detainee’s capture guards woke him up and told him that someone came by to tell him that the Americans were holding some of the governor’s brother’s people outside for carrying weapons without permits.
The detainee approached the United States soldiers and told them that he knew these people as Dost Mohammed’s soldiers and they were authorized to carry weapons even though they didn’t have their permits with them.
The United States soldiers asked the detainee to come back to base to answer more questions about the alleged Dost Mohammed soldiers.
The American forces took the detainee’s satellite phone and moved him to the detention facility in Kandahar the next morning.
The detainee did not participate in jihad against the Russians.
The detainee has no knowledge of Taliban in his region.
The detainee considers himself a friend of the United States and would not do anything to damage this relationship.