Abdul Nasir (Guantanamo detainee 874)
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Abdul Nasir is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] Nasir's detainee ID number is 874. American intelligence analysts estimate that Nasir was born in 1981, in Kabul, Afghanistan.
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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.
Nasir chose to participate in his Combatant Status Review Tribunal.[3]
[edit] witness request
The Tribunal's President wanted to confirm that the witness Nasir requested was "Qari Enahmullah". He said that Nasir had described his age, height, and other characteristics, and said that he was a Pakistani, and that the last time he saw him he was at Bagram, apparently in U.S. custody.
Nasir corrected the President, telling him the last time he saw him was half an hour before he was captured.
The President then informed Nasir that he had ruled the witness "relevant", and that the United States Government had contacted the Afghanistan government for their help in getting a witness statement from him. Since the Afghanistan government had not responded he had ruled the witness "not reasonably available".
The Guantanamo Bay detainment camp did contain an Afghan detainee named "Qari Esmhatulla".[4][5][6] Although the official lists of detainee names state Qari Esmhatulla was an Afghan, the second list, that states the detainees place of birth, says Qari Esmhatulla, was born in Ramsha, Pakistan.[1][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.
Nasir chose to participate in his Administrative Review Board hearing.[7]
[edit] References
- ^ a b list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ a b list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Summarized transcripts (.pdf), from Abdul Nasir's Combatant Status Review Tribunal - pages 5-10
- ^ Summarized transcripts (.pdf), from Qari Esmhatulla's Combatant Status Review Tribunal - pages 165-173
- ^ Summarized transcripts (.pdf) from Qari Esmhatulla's Administrative Review Board hearing - pages 1-7
- ^ Factors for and against the continued detention (.pdf) of Qari Esmhatulla Administrative Review Board - page 77
- ^ Summarized transcript (.pdf), from Abdul Nasir's Administrative Review Board hearing - page 68
