Sobit Valikhonovich

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Sobit Valikhonovich is a citizen of Tajikistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His Guantanamo detainee ID number is 090. The US Department of Defense reports that he was born on November 13, 1969, in Itsfaratz, Tajikistan.

1 Combatant Status Review Tribunal
2 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.

[edit] Allegations

During the winter and spring of 2005 the Department of Defense complied with a Freedom of Information Act request, and released five files that contained 507 memoranda which each summarized the allegations against a single detainee. These memos, entitled "Summary of Evidence" were prepared for the detainee's Combatant Status Review Tribunals. The detainee's names and ID numbers were redacted from all but one of these memos, when they were first released in 2005. But some of them contain notations in pen. 169 of the memos bear a hand-written notation specifying the detainee's ID number. One of the memos had a notation specifying Sobit Valikhonovich's detainee ID.^[2] The allegations Al Saleh would have faced, during his Tribunal, were:

a. The detainee is a supporter of the Taliban and/or ^[sic] al-Qaida:

The detainee was recruited by the Islamic Movement of Uzbekistan (IMU) to work in Tolidara, Tajikistan.
The State Department list the IMU as a foreign terrorist organization.
The detainee was then transported by helicopter from Tajikistan to Afghanistan in January 2001.
The detainee spent time at three (3) offices of the IMU while in Afghanistan.
While in Afghanistan, the detainee received training on the Kalashnikov, and learned how to assemble and disassemble the rifle.
The detainee admitted carrying a Kalashnikov rifle and standing guard duty in Afghanistan.

b. The detainee participated in military operations against the coalition.

The detainee claims to be an IMU fighter who was expelled from Tajikistan, with other IMU members, by the Tajik government.
After spending about nine (9) months in Afghanistan, the detainee was captured by General Dostum's Northern Alliance forces in November 01.

[edit] Transcript

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

[edit] Response to the allegations

Valikonovich denied supporting the Taliban and al Qaeda.
Valikonovich acknowledged being recruited in Tolidara, Tajikistan, but testified that he thought he was being recruited to join the Tajik army.
Valikonovich testified that he and two other men were duped by a recruiter named Rostam.
Valikonovich testified he and his two companions were handed over to a recruiter named Zakir, who confiscated their passports and took them to Afghanistan by force.
Valikonovich testified he was unaware of any Uzbeks in Tajikistan.
Valikonovich testified he had never heard of the Islamic Movement of Uzbekistan until he arrived in Afghanistan.
Valikonovich acknowledged visiting three IMU offices; first in Konduz; then two days later in Kabul, where he first learned of the existence of the Islamic Movement of Uzbekistan. The reason for his visit was to try and get his passport returned.
Valikonovich testified that after five months he found an opportunity to escape, and ran away to a madrassa. One of the teachers at the madrassa advised him to travel to Mazari Sharif first, if he wanted to get back to Tajikistan.
Valikonovich testified that he left the madrassa with another man who knew the way to Mazari Sharif, and spent three months traveling there, and trying to figure out a way to cross into Tajikistan.
Valikonovich testified that he was captured, by the Northern Alliance, in Mazari Sharif.
Valikonovich testified that he didn't learn how to assemble and disassemble the Kalashnikov in Afghanistan. He testified that it was compulsory for all tenth grade students in Tajikistan to attend a week of military training, and he was how to fire and maintain a Kalashnikov at that camp.
Valikonovich acknowledged that he carried a Kalashnikov while standing guard duty. But this guard duty was not performed for the Islamic Movement of Uzbekistan who kidnapped him. Rather he performed guard duty for his hosts at the madrassa who took him in and helped him when he was escaping from the Islamic Movement of Uzbekistan.
Valikonovich testified that the Kalashnikov was the madrassa's weapon, not his. Further, "It was only for the security of the madrasa. They told us there were a lot of thieves around the madrasa, so it was just for safety and we never even held the Kalashnikov in our hands. It was hanging by the door."
Valikonovich denied that he had ever said he fought for the IMU, that he had ever fought against the USA, or that he was a part of the IMU.

[edit] Response to Tribunal questions

When he was asked about the men he was captured with Valikonovich testified that he was staying with three other men in Mazari Sharif. One was a doctor, he didn't know the other two. He was awoken by a knock, early in the morning. When he answered the door he was asked who he was. When he replied he was a Tajik he was taken into custody. He was whisked away so he didn't know if the other men were also captured.
Valikonovich testified that there were no fighters at the madrassa, all the students were young boys.
Valikonovich testified that he had never fought against the Northern Alliance prior to his capture. Prior to his capture he had never heard of the Northern Alliance.
Valikonovich testified that he had never been a member, or associated with, any political groups. He had never heard of al Qaida prior to his interrogations.

[edit] Testimony of Rukniddin Sharipov

Rukniddin Sharipov was another Tajik duped by a recruiter for the Islamic Movement of Uzbekistan.

Rukniddin testified he had known Valikonovich since he was a child.
Rukniddin arrived in Afghanistan a day after Valikonovich. It was in Afghanistan he realized he had not been recruited by the Tajik army.
Rukniddin testified that he and Valikonovich spent about two weeks in Lajar, Tajikistan, receiving some cursory training, prior to being sent to Afghanistan. The base in Lajar was the last time he saw Valikonovich prior to seeing him again after his capture by the Northern Alliance.
Rukniddin testified that he and Valikonovich were imprisoned together in Afghanistan.
Rukniddin testified that most of his time in the camp in Lajar was spent collecting firewood.