Arkin Mahmud

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Arkin Mahmud is a citizen of China, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1]

His detainee ID number is 103. The Department of Defense states Mahmud was born on July 1, 1964, in Ghulja, China.

Mahmud is one of approximately two dozen detainees from the Uighur ethnic group.^[2]

Main article: Uighur detainees in Guantanamo

[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.

[edit] Allegations

A memorandum summarizing the evidence against Mahmud prepared for his Combatan Status Reiew Tribunal, was among those released in March of 2005.^[3] The allegations Mahmud faced were:

a. The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners:

1. The detainee traveled from China in August 2001 and arrived in Afghanistan in September 2001.
2. The detainee stayed at a guesthouse in Kabul, Afghanistan for approximately six weeks.
3. The detainee was in Afghanistan when the U.S. bombing campaign began.
4. The detainee traveled with an individual who may be involved with the East Turkistan Islamic Party (ETIP) aka East Turkistan Islamic Movement (ETIM).
5. The East Turkistan Islamic Movement is listed in the U.S. Department of Homeland Security, Terrorist Organization Reference Guide, as being one ^[sic] the most militant groups and has ties to al Qaida.
6. The detainee fled from Kabul to Konduz, Afghanistan when the U.S. bombing campaign started.
7. The detainee was captured by the Northern Alliance in Mazar-E-Sharif ^[sic].
8. The detainee was present during the Mazar-E-Sharif ^[sic] prison uprising.

[edit] testimony

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

Mahmud acknowledged traveling to Afghanistan, staying at a guesthouse, and being present during the American bombing campaign.

Mahmud acknowledged that he may have traveled with someone who may have been involved with an East Turkistan Party, without his knowledge.

He denied any knowledge of the East Turkistan Party.

He acknowledged fleeing the US bombing. He didn't know who captured him. He acknowledged being present during the uprising at Mazari Sharif.

[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.

Mahmud chose to participate in his Administrative Review Board hearing.^[5]

[edit] The following factors favor continued detention:

a. Connections/Associations

1. The detainee claimed he was extremely surprised to find out his brother had gone to a training camp.

b Detainee Actions and Statements

1. The detainee departed from his village in China on 21 August 2001, after his brother had called home telling his family that the brother was traveling to Pakistan.
2. The detainee traveled from China to Karachi, Pakistan. From Karachi, the detainee made his way to Kabul, Afghanistan.
3. The detainee stayed one and a half months in guesthouse in Kabul.
4. The detainee was told he had to leave the Kabul guesthouse. The detainee traveled to a house in Konduz.
5. Shortly after the bombing started, the detainee was informed he needed to travel to Kandahar.
6. The detainee boarded a truck he though (sic) was going to Kandahar with about 30 other occupants. However, instead of going to Kandahar, the truck drove to Mazar-e-Sharif ^[sic], and all the occupants were imprisoned.

c Other Relevant Data

1. The detainee witnessed the Qual Jangi uprising ^[sic].

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

• The detainee stated he does not have a bad opinion of the United States. The detainee understands why he is here and thinks the United States is justified in conducting the investigation. The detainee understands the process of an investigation takes time and believes he will be found innocent.
• The detainee thinks he made a mistake by traveling to Afghanistan to find his brother. If he had the opportunity to change anything, he would have not traveled to Afghanistan.
• When asked if he had plans to attack the United States, the detainee laughed and stated, “No, of course not.” The detainee explained that he hoped to have the support of the United States if and when Turkistan separated from China.
• The detainee laments the deaths of so many innocent people in the terrorist attacks of 11 September 2001. The detainee hates Usama bin Laden and blames him for his imprisonment in Cuba. The detainee understands why the United States invaded Aghanistan. The detainee believes the United States has been just and fair.

[edit] Opening statement

Usually captives are invited to respond to each factor, one at a time, as they are read aloud. Arkin was invited to respond to the factors, once they had been all read out. Arkin responded that he had told his story so many time. What he really wanted was to learn why he had been thrown in with all these terrorists.

His Board's Presiding Officer said that that was not the purpose of the Board.

[edit] Response to Board questions

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ China's Uighurs trapped at Guantanamo, Asia Times, November 4, 2004
3. ^ Summary of Evidence memo (.pdf) prepared for Arkin Mahmud's Combatant Status Review Tribunal - November 9, 2004 - page 49
4. ^ Summarized transcripts (.pdf), from Arkin Mahmud's' Combatant Status Review Tribunal - pages 22-24
5. ^ Summarized transcript (.pdf), from Arkin Mahmud's Administrative Review Board hearing - page 123