Mohammed Sharif

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Mohammed Sharif is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Mohammed Sharif's Guantanamo detainee ID number is 532. American intelligence analysts estimate Mohammed Sharif was born in 1976, in Kalina Afghanistan.

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 Factors for and against Sharif's continued detention
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 tribunal 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.

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

[edit] Witness

The Sharif told the Tribunal that he wanted to request an off-Island witness. He was told he would not be allowed to request this witness, because he had not told his Personal Representative in advance. Sharif responded by stating his Personal Representative had told him he could only request witnesses from among his fellow detainees.

Sharif's Tribunal's President decided to go ahead without regard to Sharif's assertion that he hadn't had a chance to request his off-Island witness.

[edit] Allegations

The allegations against the detainees were always read out during the initial portion of the Tribunal. During most Tribunals the detainees were offered an opportunity to hear the allegations read out, a second time, so they could respond to each one in turn. Usually the allegations were repeated in the transcripts.

There is no record in the transcript of Sharif's Tribunal that this offer was made to him. The allegations against him were not recorded in his transcript.

[edit] Sharif’s opening statement

Sharif denied that he was captured in Konduz. He said he was captured in the Pol I Khomri District Sharif told his Tribunal that he was seized, at random, off the street by a local Warlord. He was offered a choice by his captors. He could pay a ransom, or they would turn him over to the Americans and claim he was a member of the Taliban. He thought he would be better off in American custody because he thought they would make a fair attempt to determine if there was legitimate reason to lay a charge against him, and when they realized there wasn’t, he would be released. Sharif denied possessing any weapons. He asserted he was working with the current Hamid Karzai government.

[edit] Testimony in Response to questions from the Tribunal’s officers

Sharif’s Personal Representative asked him if he had any identification papers, and if he had them with him when he was captured. Sharif answered: “At my house I do. I have my families ^[sic]. I don’t know if it is exactly at home, we put all of our family names in there. I have a very old one, about 15 years old. The ID just states where you are from and who your mother and father are.

Tribunal’s Recorder have the responsibility to research, collate and distribute the allegations against the detainees. Sharif’s Recorder asked him if he had been interrogated while at Guantanamo, and, if so, whether he had stated he worked for the Taliban. Sharif confirmed he had two interrogations during the three years he had been held in Guantanamo, but that he had not stated he had worked for the Taliban. He said he had once been forcibly taken, as part of a work levee. Every group had their turn being forced to supply men, for approximately a month at a time.

Sharif said he was born in Sherberghan, Afghanistan. But his tribe are nomadic herders, and traders, so he had lived many places.

When Sharif was asked if he had ever accepted payment from the Taliban he replied that when the Taliban forcibly conscripted people they fed them, and provided a tobacco ration, but they didn’t give them any pay.

Sharif confirmed he knew how to fire a gun, because his family traveled with one, to protect their goods and women. But the Taliban had never issued him one.

Sharif was questioned about several of the allegation against him:

Sharif was asked if he had performed guard duty for the Taliban. Sharif replied: “When I was forcefully taken, because I didn’t know how to fight or use a weapon, they allowed me to be security. They threw us in a room and whatever food or drink there was, we would just have that. Everybody in the North, the people from Kandahar were forcefully taken. They would take us for months, or 20 days. Sometimes a month and a half. Every village had their turn.” Later, during his testimony, Sharif said: “I wasn’t a security guard. I was thrown in a place and given food. I would usually help out in the food process. The people from our village would be thrown in a two or three room space and told to stay in there. We had seven to eight people and sometimes up to fifteen.
Sharif was asked if Mohammed Sharif was his full name, and if he had ever used any other name. He confirmed it was his full name and he had never used any other name.
Sharif was asked about was that he had served as an informer on other members of his village. Sharif denied this. He said members of other villages had complained to the Taliban that his village wasn’t supplying its fair share of men.
Sharif was asked about was that he served as a Taliban Chief of Intelligence, which he denied.
Sharif was asked if served as a guide when the Taliban tracked down deserters, which he denied.

Sharif said he had been asked about al Qaida during his interrogation, but he didn’t know what al Qaida was. He expressed confusion as to why he was being held.

Sharif said he was happy with the Hamid Karzai government, because they had brought peace.

Sharif was asked a final question - to speculate as to why he was detained. He repeated his was mystified.

[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.

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

[edit] Factors for and against Sharif's continued detention

The factor for and against detainees continued detention were always broken down into the factor in favor of continued detention, and the factors favoring release or transfer. The factors in favor of continued detention were always further broken down into categories like Training, Commitment, Hostile activities. However some transcripts didn't record the categories the factors were breaken down into. Sharif's transcripts didn't record the categories the factors were broken down into.

The detainee stated Nasser Khan conscripted him into the Taliban.
The detainee identified Abdul Nasser Khan as an intelligence officer for the Taliban with offices located in Mazar-e-Sharif ^[^sic].
The detainee stated that he was a Taliban security guard, cleaner, recruiter and soldier. He was last based in Konduz but also worked in Mazar-e-Sharif ^[^sic], Sheberghan, Sar-e-Pol and Imam Saheb.
The detainee stated that he had provided the Taliban with information regarding other village members.
The detainee has been identified as Sharif Uddin Sharif, the Taliban Intelligence Officer.
The detainee has been identified as the intelligence chief at Mazar-e-Sharif ^[^sic].
The intelligence chief at the Taliban Office of Intelligence in Mazar-e-Sharif reported to the secretary of intelligence in Kabul and was in charge of subordinate Intel services in seven cities. He was also in charge of at least 10 to 12 intelligence directorates, including the interrogation and espionage directorates.
The detainee claimed that he was simply an intelligence officer, not the chief.
As a soldier, the detainee was issued a Kalashnikov rifle and received training on the weapon.
The detainee claimed that he did not understand the meaning of jihad and added that his Imam never explained the meaning of jihad.
The detainee denied having any knowledge of the attacks in the U.S. prior to their execution on September 11th, and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.
The detainee claimed no allegiance to the Taliban.
The detainee claimed to have no knowledge regarding Usama Bin Laden or al Qaeda.
The detainee claimed that he was not “issued” ^[^sic] a Kalashnikov, per se, but was shown where two to three were kept in case they were needed.
The detainee stated that he was never provided training/instruction for the weapons, nor was he provided with the opportunity to fire the weapons.
The detainee denied all previous information that involved his duties as someone who gathered intelligence in Konduz, Sheberghan, and/or Mazar-e-Sharif ^[^sic].
The detainee stated that he had no intention of returning home to fight against the U.S. and that his only concerns were for his family.