Muhebullah (Guantanamo detainee 974)

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Muhebullah (also transliterated as Mohi Bullar) is an Afghani held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Muhebullah's Guantanamo detainee ID number is 974.

1 Combatant Status Review Tribunal
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 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 Tribunal. 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.

To comply with a Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Mohi Bullar was one of those 169 detainees.^[2]

[edit] Allegations

a. The detainee participated in military operations against the coalition:

On 22 February 2003, Detainee, XXXXXXXXXXXXXXXX was involved in a firefight with United States Special Forces.
Detainee admitted to firing his weapon in the firefight.
Detainee knew that he was fighting soldiers during the firefight.
During search of compound for weapons cache, detainee fired with intent to kill or harm U.S. Forces.
Detainee received wounds consistent with grenade injuries.
Detainee knew that the compound to be searched belonged to a member of the Taliban.

[edit] Testimony

Muhebullah chose to participate in his Combatant Status Review Tribunal.^[3]

Muhebullah was accused of firing his weapon during a firefight on 22 February 2003, with United States Special Forces. Muhebullah said he was woken by firing, at night, and thought it was thieves. He acknowledged firing three rounds, into the air, to frighten them off. It was only then that the Americans fired flares. American aircraft then bombed his home.

Muhebullah was alleged to have fired on the Americans while they searched his compound for weapons. Muhebullah said that when the Americans arrived he was already wounded and his father had brought the Americans to his home in hopes they would help control his bleeding. He said that when his home was bombed his wounds were so serious he couldn’t move, or see. But he could still hear what was said to him.

Muhebullah had letters from his father, that confirmed that when the Americans took him away they had told his family he was being taken to a hospital so his serious wound might heal, he wasn't arrested as a suspect.

Muhebullah was alleged to have received wounds consistent with wounding by a hand grenade during the firefight, he explained again that he had been wounded when his home was bombed.

Muhebullah was accused of knowing that the compound where he was captured belonged to a member of the Taliban. On the contrary there were no Taliban in his area, and the compound was his family's home, where he had lived all his life.

Muhebullah told his Tribunal that he has not been questioned during the entire year and a half he had been detained in Guantanamo, and that he had looked forward to his Tribunal because he was innocent and hoped the Tribunal would send him home.

When asked to draw a map he explained to his Tribunal that he was illiterate, and couldn’t even write his own name. When he was asked how old his younger brothers were he admitted he didn’t even know his own age. Later, during his testimony Muhebullah acknowledged that he had been given some Pashtun lessons, while in detention.

[edit] letter from his father

June 19, 2003

Greetings from Yar Mohamad Kaka to my dear son Muhebullah. I present to you my greetings full of love to you. I hope you accept it. After greetings, Dear we are thankfully well and fine. And wishing for your health from Allah.

Your letter arrived my happiness was without boundaries. But I couldn’t understand where you are. Next time when you write please write your complete address. We are also will try to work for your release. The Americans have promised us that they know that you haven’t committed a crime and as soon as your injuries are healed you will be released.

[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.

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