Muhibullah (Guantanamo detainee 546)

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Muhibullah 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 546.

Contents

[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.

Muhibullah 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.

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

The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3, 2006.[4]

[edit] The following primary factors favor continued detention:

a. Connections/Associations
  1. The detainee worked for the Taliban Governor of Shebreghan and claims to have been the Acting Governor for a period of time. When the Taliban fell, he heeded instructions heard over the radio to surrender. The detainee turned himself in to forces under Ismail Khan. At the time of his surrender he was in possession of six Kalashnikov rifles.
  2. The detainee had a relationship with the Taliban, in that he served for them as a night watchman in Kabul over a two year period, and as a dispute mediator in Shebreghan.
b. Training
  1. The detainee admitted to receiving instruction in the use of AK-47 and RPG from his uncle.
c. Intent
  1. The detainee admitted to carrying an AK-47 in conjunction with his duties as a guard for the Taliban.

[edit] The following primary factors favor release or transfer:

a. Other Relevant Data
  1. The detainee claimed he was forced into service with the Taliban and had no choice in the matter.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  2. ^ Summarized transcripts (.pdf), from Muhibullah's Combatant Status Review Tribunal - pages 64-76
  3. ^ Summarized transcript (.pdf), from Muhibullah's Administrative Review Board hearing - page 8
  4. ^ Factors for and against the continued detention (.pdf) of Muhibullah Administrative Review Board - page 82
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