Sharbat (Guantanamo detainee 1051)

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Sharbat is an Afghani held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ID number is 1051. Intelligence analysts estimated he was born in 1973

1 Combatant Status Review Tribunal
- 1.1 allegations
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 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.

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

[edit] allegations

The allegations against Sharbat were:^[2]

a The detainee committed a belligerent act or supported hostilities against the United States and its coalition partners.

The detainee was captured in the Khowst Province, Afghanistan.
The detainee was arrested within 500 meters of the site of and (sic) Improvised Explosive Device (IED) attack on a patrol.
The detainee is a known Anti-Coalition Militant who took pictures of AMF soldiers and U.S. persons and turned them over to the al Qida office in Wana, Pakistan.
The detainee was involved in the shooting of a former AMF soldier.
The detainee is a member of Hezb-E Islami, Gulbuddin (HIG).
The HIG is listed in the U.S. Department of Homeland Security Terrorist Organization Reference Guide as having long-established ties with Usama Bin Laden.
The detainee held a meeting of Senior HIG officials at his residence on 10 December [[2003[[, to discuss a planned rocket attack on the Loya Jirga.
The detainee was actively seeking new recruits and former HIG members to join the organization in the Kabul, Afghanistan are in September 2003.

[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.

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