Qalandar Shah

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Qalandar Shah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Shah's Guantanamo detainee ID number is 812. American intelligence analysts estimate Shah was born in 1873, in Kandahar, Afghanistan.

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 testimony
2 Determined not to have been an Enemy Combatant
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.

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

[edit] allegations

The allegations Shah faced in his Tribunal were;

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --

During the raid of his home, the detainee, his uncle, and his cousin were captured in possession of BM-1 rockets, an RPG launcher, AK-47's, hand grenades, a pistol, an RPG machine gun ^[^sic], a Dragunov rifle and another large-caliber rifle.
The detainee fraudulently obtained a Pakistani identification card and passport to hide his true identity when crossing the Pakistan/Afghanistan border and traveling to other countries.
The detainee arranged a meeting for Shah Mohammed Jan, the local Taliban leader.
Shortly after graduating from High School, the Detainee was taken to prison with two of his friends who were members of the HIG.
The detainee worked for Yar Khan.
Yar Khan is a known HIG member.
The HIG is listed in the U.S. Department of Homeland Security's Terrorist Organization Reference Guide as a non-governmental organization with long-established ties to Usama Bin Ladin and al Qaida.
Yar Khan supported the Taliban Islamic Movement (the Taliban).

[edit] testimony

Shah acknowledged that the compound where his extended family had their households was heavily armed. He said they needed to be because he lived in a border area where his village had routinely been the target of rocket attacks, due to warfare between neighboring tribes.

Shah described how he got his Pakistani ID card and passport. According to Shah the Pakistani government would issue Pakistani ID to any Afghani who had a father or uncle who had been a Pakistani citizen. He acknowledged that when he got his uncle to vouch for him, when he got his ID, he had his uncle say that he was his son, not his nephew. Shah explained that he did this to prevent problems with the Taliban. Shah said he didn't need the ID to travel to Pakistan. But he had considered traveling to an Arab country on a work visa like many of his compatriots.

Shah denied arranging a meeting for Shah Mohammad Jan. When the Americans swept the Taliban from power they chose a tribal leader whose name the translator translated as "King Kan" as their liaison. Shah's family had hosted a supper where King Kan would have an opportunity to meet the local tribal leaders. According to Shah, King Kan had brought Shah Mohammed Jan with him as his guest. Shah's family hadn't expected Jan to be present. They had never met him before. And they never met him again.

Shah acknowledged that he and two friends were imprisoned. It was during the administration of President Najibullah, the last leader of the communist puppet government. He knew nothing about any association his friends had with any organizations. And he believed that his friends were falsely accused.

Shah said he never worked for Yar Khan, but he had asked for work when Yar Khan was a local government official. Shah said Yar Khan's political affiliation had nothing to do with him.

[edit] Determined not to have been an Enemy Combatant

The Washington Post reports that Shah was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.^[3] They report that Shah has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.