Hafizullah

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Hafizullah is held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ID number is 965. The Department of Defense estimates that Hafizullah was born in 1974.

[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

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

[edit] allegations

The allegations against Hafizullah were:^[2]

a The detainee participated in military operations against the United States of coalition partners.

1. The detainee when captured, was wearing an olive drab green jacket. He was stopped at a checkpoing because he was with a group observed caching weapons which had recently been used against U.S. forces.
2. The detainee suffered hearing loss when captured, which was caused by firing weapons.
3. The detainee was raised and employed by Mohammed Shah Agha.
4. Mullah Mohammed Shah is a low-level commander of the Taliban.
5. Mullah Mohammed Shah has been reported to be the leader of Taliban troops planning terrorist-style attacks in Afghanistan.

[edit] Confusion

Hafizullah was confused as to why he couldn't see the classified evidence against him.

[edit] Witness requests

Hafizullah's Tribunal's President acknowledged that Hafizullah had "requested numerous witnesses", but they had ruled them all "not reasonably available" because Hafizullah had not been able to provide their addresses.

Hafizullah said anyone in his village, the village of Galdon. He offered to give his Personal Representative many names, but his Personal Representative only recorded two names.

Hafizullah's Tribunal's President asked Hafizullah's Personal Representative to give their version of recording information about his witnesses. Hafizullah's Personal Representative said he only recorded two names because Hafizullah wouldn't or couldn't understand his requests for addresses and description.

Hafizullah's response was: "From my village Galdon did everybody move? There is no one living Galdon anymore?

[edit] Opening statement

"I do not know about any of these things. I do not know about what weapons they are talking about. I was a farmer in my village and I was working. If you think any of these allegations are true you bring your witnesses so they will testify that I have done that."

[edit] Response to the allegations

• Hafizullah acknowledged that he was in a taxi that was stopped at an American checkpoint. He acknowledged that he was wearing a jacket, but he could not record what color it was. He denied that any of the occupants of the taxi were carrying weapons, or had been involved in any attacks. He said he didn't even know what a weapon was.
• Hafizullah denied the allegation that he was captured because of hearing loss. He said he had always had excellent hearing, prior to his arrival in Guantanamo. In Guantanamo he thought the water was infected, and it had damaged his hearing.
• Hafizullah denied he was raised by Mohammed Shah Agha. He testified he had never heard of Mohammed Shah Agha. Hafizullah said: "Your translators always make such mistakes." There was a surface similarity between the name of the Taliban leader Mohammed Shah Agha, and the name of his uncle, Uncle Haji Mohammed al Shah.

[edit] Response to Tribunal questions

• Hafizullah confirmed he had been a farmer all his life.
• Hafizullah testified he grew wheat, corn, onions and potatoes.
• Hafizullah confirmed he had lived in Galdon his entire life.
• When Hafizullah was asked if his uncle had any ties to the Taliban he replied: "We are people of the mountains. We do not know about the Taliban, You probably know more about the Taliban then we do."
• Hafizullah said he had never seen any Taliban. The Taliban had never come to Galdon. They were city people and didn't come to the mountains.
• Hafizullah confirmed that he had never been approached by the Taliban, but he had heard about the Americans coming to Afghanistan.
• Hafizullah was asked to go over the circumstances of his capture: "It was the ever of the Eid, the holidays after Ramadan. I was going to the bazaar. I took a Taxi, a wagon Taxi. On the way I saw your military men and they got us down from their car and handcuffed us.
• Hafizullah was asked how many people were captured at the same time he was. He couldn't say, because of where they place him after they handcuffed him. But he said that the handcuffs were put on so tight that his finger was still hurting two years later.
• Hafizullah said there were six people in his Taxi, including the driver.
• Hafizullah was asked if any of the occupants of the car were carrying weapons. He repeated he didn't know what a weapon was.
• Hafizullah was asked what happened to him after his arrest. He replied: "First, they took us to a house. 1 spent one or two nights there and then we were taken to a metal structure for a few days and who knows how long after that."^[3]
• Hafizullah confirmed that he was questioned in Afghanistan, and that he gave the same answers then as he was giving to the Tribunal.
• Hafizullah was asked what the nearest big city was. He said he didn't know of any big cities near his village. He said he didn't know what a big city was.
• When asked, Hafizullah said he had never heard of Khost or Kabul. He said he heard about Kabul since he arrive in Guantanamo. But he knew nothing about Kabul until then.
• Hafizullah testified he was not aware of any nearby military camps.
• Hafizullah was told that other captives said: "...it was necessary to have guns, weapons, and pistols in the house for protection." He was then asked if he had seen any of that.

[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.

Hafizullah chose to participate in his Administrative Review Board hearing.^[4]

[edit] The following primary factors favor continued detention:

a. Commitment

1. The Bagran ^[sic] valley region has provided a continuous safe-haven to hostile Taliban forces. In time of attack all males pick up arms in defense of the valley against “invaders” (U.S. or coalition forces).
2. In the early morning hours of 10 February 2003, a United States Special Forces (USSF) convoy approached the village of Lejay in the Bagran ^[sic] valley. Shortly thereafter, the USSF were ambushed with small arms fire to include AK, PKM, and RPGs.
3. At conclusion of the conflict, USSF seized and conducted cordon and search of the area. Eleven personnel were apprehended returning from the ambush sites or in fighting positions in/around Lejay. Those returning from the ambush sites were deaf and had powder burns, with blood on their clothes.
4. The detainee was one of the eleven personnel detained after the ambush of Lejay.
5. The detainee was arrested at a checkpoint established north of the town. USSF observed several individuals descending the mountain. They cached their weapons and tried to leave by taxi, but were detained at the checkpoint.
6. All of the men who were stopped and arrested at the checkpoint were wearing green jackets and suffered from hearing loss. The hearing loss was assess to be the result of their firing activity.

b. Connections and associations

1. Two of the individuals arrested at the checkpoint along with the detainee included Rahmatullah and Bari Dad ^[sic]. Both were wearing green jackets and were suffering from hearing loss.
2. Mullah Rahmatullah ^[sic] attended a meeting in May 2002, led by an Iranian and senior Taliban officials in Helmand Province, to discuss military operations against the Afghan Interim Administration and plans to derail the Loya Jirga Process.
3. Mullah Baridad ^[sic] was one of the operators of the intelligence colleciton network in Deh Rawud for the former Taliban Chief of Intelligence in Qalat, Afghanistan.
4. A meeting of Taliban leaders was held on 18 October 2002 to discuss the upcoming jihad against the Coalition and the Afghan Transitional Authority. A second meeting of the Taliban leaders, to include Bari Dad Khan, was planned for 23 October 2002.

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

• The detainee has continually professed that he is only a farmer and wants only to go home and back to farming and caring for his family.
• The detainee denied any knowledge of using or possessing firearms.
• The detainee has continually denied any involvement in shooting at Americans.
• The detainee has continually denied any Taliban associations.

[edit] Response to the factors

[edit] Response to Board questions

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ ^{a b} Summarized transcripts (.pdf) from Hafizullah's Combatant Status Review Tribunal pages 1-9
3. ^ Local men captured in Lejay the same day Hafizullah was captured testified that the prisoners were taken to Abdul Wahed's fortified compound, which had been the original target of the American forces.
4. ^ Summarized transcript (.pdf), from Hafizullah's Administrative Review Board hearing - pages 58-66, August 10, 2005