Abdul Salaam (Guantanamo detainee 826)

From Wikipedia, the free encyclopedia

For other individuals named Abdul Salaam see Abdul Salaam (disambiguation).

Abdul Salaam is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Salaam's Guantanamo detainee ID number is 826. Salaam's entry in the list of all the detainees names, released on May 15, 2006, estimates that Salaam was born in 1975, in Birmal, Afghanistan.

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 testimony
2 Administrative Review Board hearing
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 his 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.

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

[edit] allegations

The allegations against Salaam were:

a The detainee is associated with the Taliban and / or al Qaida.

In 2002, the detainee admitted he traveled to Pakistan to purchase a Kalashnikov.
The detainee traveled between Afghanistan and Pakistan using routes that did not require a passport.
The detainee has been involved with a money transfer process between Afghanistan, Pakistan and the United Arab Emirates.
The detainee opened a Hawala business located in Bermal, Afghanistan, which as suspected ties to al Qaida.
Two significant customers of the detainee’s Hawala have suspect links to al Qaida.
The detainee was arrested with an individual whose brother is reported to be a local Pakistan al Qaeda leader.
The detainee’s brother is a suspected senior Taliban financial facilitator.
The detainee was arrested with several contracts/documents, one of which was executed by Taliban authorities.
The detainee is suspected of having connections to, and knowledge of, a local arms dealer, Faix Muhammad.
The detainee was arrested during a sweep of the Bermal Town Bazaar, in which his brother, a suspected al Qaida money transfer agent was also apprehended.

[edit] testimony

Salaam acknowledged traveling to Pakistan to buy a rifle for personal protection. He said his area of the Afghanistan was loosely governed and locals were permitted by the Afghan government and the American forces to carry arms. Every head of household was allowed to own a rifle.

Salaam acknowledged that he didn't use a passport when crossing the Afghanistan-Pakistan border. Salaam said that locals who lived near the border never used a passport. He said that Pakistan government didn't ask Afghanis to use a passport.

Salaam acknowledged transferring money -- operating a Hawala. He said money transfers was his business, and he was merely one of many money transfer agents. He stated that there was nothing illegal about this kind of business. He stated most of his clients were Afghanis, working overseas, who wanted to send funds to the families they had left behind.

Salaam denied being aware of any of his clients having ties to al Qaeda. He described the records he kept, and how all the receipients of the money transfers he handled were local people.

Salaam asked the names of the two customers suspected of links to al Qaida. The Tribunal President said they couldn't identify the two customers. Salaam speculated on the identities of these two suspects. He named two individuals who ran smaller Hawalas in neighbouring villages, who, in turn used his Hawala, Gulzar and Jacho.

Salaam denied being captured with someone who is the brother of an al Qaida leader, because he was alone, in his shop, when he was captured.

Salaam denied that his brother was a suspected senior Taliban financial facilitator. His brother was his partner.

Salaam denied being arrested with Taliban documents and contracts. He assured his Tribunal that he had never signed any documents with the Taliban. He said he was not captured with any documents whatsoever.

Salaam acknowledged knowing a local man named Mohammed. He knew Mohammed because he ran a local telephone office. He said that prior to his meeting Mohammed, through his local telephone office, he believed Mohammed had been a weapons dealer. He pointed out to his Tribunal that if he knew a local weapons dealer he would not have had to travel to Pakistan to buy his rifle.

Salaam acknowledged that his brother and his cousin were arrested the same day as he was, during a general sweep. His cousin worked as a security guard hired by the local businessmen at the local bazaar. His brother was captured in his house. He repeated that neither of them had ever transferred any money for, or had any relation to Taliban or Al Qaeda. His cousin and brother had been sent home, but he remained in detention.

In answering questions from the Tribunal's officers:

Salaam said that, to the best of his knowledge, Faiz Mohammed stopped selling weapons ten or twelve

years prior to his capture.

Salaam said he hadn't heard from his brother since he was returned to Afghanistan.
Salaam said he was captured by a mixed force of both American and Afghani forces.
Salaam said he had no idea why he was captured. He said everyone knew the sweep of the bazaar was going on, and that if had anything to hide he would have run away.
Salaam was asked if he thought Gulzar was tied to the Taliban or al Qaeda. He said he did not believe that Gulzar had any ties to terrorism. Like him, he had operated his Hawala openly prior to his captuee, and he was still operating openly. He suggested after he had named Gulzar as an associate during his interrogation that if the authorities had reason to suspect Gulzar they surely would have captured him too.
Gulzar operates a Hawala, and he runs a local telephone office in his area.
Salaam said he had only completed the 4th or 5 grade of primary school, in Bernal Pakistan, while living with his uncle. He then went to work in his uncle's Hawala in Bernal.
Salaam said he was about 30 or 31 years old.
Salaam said he had never had any military training.
In addition to the AK-47 he had for personal protection he owned a shotgun, a pistol and a BB gun. His children use the BB gun for hunting.
Salaam was asked if he had to pay any taxes of business liscence during the Taliban's reign. He said he did not because the Taliban did not have any presence in his area.
Salaam said the nearest city was Wanna, Pakistan.
Salaam said his store was equipped with a phone, but no fax or computer.
Salaam said that in addition to his brother and cousin the authorities captured another man who had run another local telephone office in the bazaar. He too was sent to Cuba. He too had been returned to Afghanistan.
Salaam was asked if he was his brother's boss, or vice versa. He replied that he was the youngest of four brothers, who all jointly owned and operated their family's Hawala. His other two brother's had been working in their United Arab Emirates's office, at the time of his capture. He and his brothers took turns staffing the UAE office.
Salaam said they didn't need to get a license from the Taliban, because they didn't operate in that area. He didn't know if the new government had issued licensing regulations. He wasn't aware of any liscensing requirements before his capture.
Salaam was asked if he thought it was possible that some of his clients could have been Taliban or Al Qaeda members without his knowledge. He repeated that his clients were all local people, well known in the area. So he didn't believe it was possible that any of them could have been Taliban or al Qaeda. Plus, the amounts being transferred were only a few thousand Afghans at a time (something like $100 USD).

[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.

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

[edit] The following primary factors favor continued detention:

a. Detainee Actions and Statements

The detainee's family owned hawallas (Money Exchange/Forwarding Business) in Bermal, Afghanistan; Miram Shah, Pakistan; an Al Amin, United Arab Emirates. The detainee worked in the Afghanistan and Pakistan locations.
The detainee traveled between Afghanistan and Pakistan along routes where he was never asked for any identification or passport by either the Pakistanis or Afghanis.
The detainee traveled to Miram Shah, Pakistan to purchase a Kalashnikov weapon.

b. Other Relevant Data: The detainee was arrested in his shop by Afghan and United States soldiers.

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

The detainee stated he is an honest businessman and has never received money on behalf of the Taliban or al Qaida or any other groups. He stated that the money received was from families from outside that country trying to get money on behalf of the Taliban or al Qaida or any other groups. He stated that the money received was from families from outside that country trying to get money to support their families in Afghanistan.
The detainee has no knowledge of money transfers outside the three hawallas owned by his family in the United Arab Emirates, Miram Shah, Pakistan, and Bermal, Afghanistan.
The detainee claims all he and his brothers were trying to accomplish was to make an honest living and provide for their families.

[edit] testimony

Salaam acknowledged that all the factors were correct.

In answer to questions from his Board's officers:

Salaam said that he and all his clients were of the Waziri tribe. Waziristan spans the Afghan/Pakistan border.
Salaam hadn't heard from his brother and cousin following their release, before his Tribunal. But he had heard from them by the time his ARB hearing convened. They were safely back in his village.
Salaam said that he was happy about Hamid Karzai's government and the help it received from America.
Salaam said that, if he were released, he would return to working in his family's hawallas.