Shams Ullah

From Wikipedia, the free encyclopedia

Shams Ullah (also transliterated as Shamsullah) is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His Guantanamo detainee ID number is 783. Department of Defense intelligence analysts estimated he was born in 1986.

American intelligence analysts estimate that Ullah was born in 1986, in Gulnoon Khan, Afghanistan.^[1]

Main article: minors detained in the global war on terror

One of Shamsullah's uncles, Bostan Karim, is also detained at Guantanamo.^[2] Karim said that Shamsullah was captured together with his father, another uncle, and a cousin. Shamsullah's father and cousin were eventually released. His other uncle remains held in detention in Bagram.

Uncle Karim suggested that suspicion that had been cast on him by false allegations from his former partner Abaidullah had lead American forces to capture his male relatives.^[2] Abaidullah has since recanted the allegations he made. He asserts he made them during abusive interrogation while held at Bagram.^[3]

Main article: Bagram torture and prisoner abuse

1 Combatant Status Review Tribunal
- 1.1 statement
- 1.2 testimony
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release or transfer:
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.

Ullah chose to participate in his Combatant Status Review Tribunal.^[4]

[edit] statement

Ullah started his testimony with this statement:

“What else can I tell the committee? I can’t say anything further. If you look at what I have written and all the evidence I presented to my Personal Representative. I really don’t have anything to say.”

The written statement and evidence supplied to his Personal Representative were not released by the Department of Defense. Other detainee's written statements were released together with the transcripts that reference them.

[edit] testimony

In answer to questions from the Tribunal officers Ullah stated he worked as a store vendor. He acknowledged owning an AK-47 to protect his family.

He explained that he didn’t immediately co-operate when American soldiers came to his door because he thought they were thieves.

[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.

The factors for and against continuing to detain Ullah were among the 121 that the Department of Defense released on March 3, 2006.^[5]

[edit] The following primary factors favor continued detention:

a. Commitment to Jihad and Extremism.

Detainee was wounded in a firefight against the United States and its coaliiton forces.
Detainee was told by United States and the Afghanistan Military forces to stop. The detainee subsequently fired a full magazine of ammunition at the United States and Afghanistan Military forces.

b. Connections and Associations

Detainee was associated with a suspected member of Jama’at Tablighi.
Jama’at Tablighi, a Pakistan based Islamic missionary organization is being used as a cover ot mask travel and activities of terrorists including members of al Qaida.
Detainee is assessed as having familial ties to al Qaida.
Detainee is associated with a possible al Qaida cell leader.

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

The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001.
Detainee said the work he performed as a security force member was to respond to fights within the village when they involved rival tribes.
The detainee said he was just a store vendor.
The detainee denied being a Taliban member.
The detainee claimed he only owned an AK-47 to protect himself and his family.