Abd Al Rahim Abdul Rassak Janko

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Abd Al Rahim Abdul Rassak Janko is a citizen of Syria, from the Kurdish ethnic group, held in extrajudicial detention in the United States Guantanamo Bay detainment camps.^[1] Janko's Guantanamo detainee ID number is 489. The Department of Defense reports that Janko was born on June 24, 1978 in Al Qamashil, Syria.

[edit] Denounced Arkan Mohammad Ghafil Al Karim

During his testimony at his own Combatant Status Review Tribunal Arkan Mohammad Ghafil Al Karim said that both he and Janko had been prisoners of the Taliban since early 2000.^[2] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a fifteen page summarized transcript from his Combatant Status Review Tribunal.^[3] Al Karim, a refugee from Iraq, said he was imprisoned on February 15, 2000 because Janko, who had recently been arrested himself, had denounced him to the Taliban, claiming he was an American spy.

Al Karim said that when the Northern Alliance had captured the prison, both men were transferred to American custody, and ended up in Guantanamo.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.^[4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[5]

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] Summary of Evidence memo

A Summary of Evidence memo was prepared for Adb Al Rahim Abdul Rassak Janko's Combatant Status Review Tribunal, on 27 October 2004.^[6] The memo listed the following allegations against him:

a. The Detainee is a member of al Qaida. The Detainee claims Syrian citizenship. The Detainee lived in the United Arab Emirates and traveled to Afghanistan. The Detainee traveled to Afghanistan in January 2000. The Detainee traveled to Afghanistan for the Jihad. The Detainee is a member of al Qaida. The Detainee trained with the al Qaida terrorist organization. The Detainee trained at al Farouq training camp in Afghanistan, January 2000. While at al Farouq, the Detainee received training on small arms, mountain tactics, topography, and jungle/guerilla type warfare. The Detainee volunteered to be a suicide martyr. The Detainee is associated with an al Qaida weapons specialist, who possessed his own poisons and explosives training camp.

[edit] Transcript

Janko chose to participate in his Combatant Status Review Tribunal.^[7] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a fourteen page summarized transcript from his Combatant Status Review Tribunal.^[3]

[edit] Response to the allegations

• Janko acknowledged Syrian citizenship.
• Janko acknowledged living in the UAE.
• Janko acknowledged traveling to Afghanistan in January 2000.
• Janko acknowledged 18 days of small arms training at al Farouq training camp, in January 2000.

He denied all the other allegations.

[edit] Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".^[8]

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.^[9] 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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Abd Al Rahim Abdul Rassak Janko's first annual Administrative Review Board, on 24 October 2005.^[10] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment The detainee claims that he stayed with an Imam for two to three days. During this time, the Imam gave the detainee money and suggested that the detainee should direct his life toward Jihad. The two discussed Jihad in Chechnya. In a video that was obtained from a senior member of al Qaida’s residence, the detainee claims that he was recruited to join the Jihad in Chechnya. The detainee claims that he stayed at an al Qaida guesthouse in Kabul. b. Training The detainee stated that he attended the al Farouq training camp in Kabul, Afghanistan between January and February 2000. While at the camp, the detainee claims that he received training in small arms, assault weapons (ie., AK-47 G3 and M-16) and various other Russian and Saudi made weapons. The detainee also received training in mountain fighting tactics. As associate of the detainee stated the detainee admitted to receiving military training outside of Afghanistan. c. Connections/Associations An associate of the detainee claims that the detainee was possibly an agent for a foreign government. d. Other Relevant Data The detainee claims that after a dispute with his father over a loan the detainee received from a friend, the detainee attempted to leave the United Arab Emirates. The detainee claims that he sought asylum with numerous countries. The detainee claims that he requested to leave the training camp after eighteen days. As a result, the detainee claims that he was suspected of spying. The detainee claims that while at the guesthouse, he worked on repairing and servicing heavy weapons. The detainee claims that he did not have any experience in this field and he learned on the job.

[edit] The following primary factors favor release or transfer:

a.	An associate of the detainee claims that the Taliban tortured the detainee to the extent that he had little use of his right arm. As a result, the detainee spoke poorly of the Taliban.
b.	The detainee claims that al Qaida tortured him until he admitted he was a spy.

[edit] Transcript

Janko chose to participate in his Administrative Review Board hearing.^[11] In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcript from his Administrative Review Board.^[3]

[edit] Response to the factors

[edit] Response to Board questions

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abd AL Rahim Abdul Raza Janko's second annual Administrative Review Board, on 26 June 2006.^[12] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment The detainee claimed that he stayed with an Imam for two to three days. During this time, the Imam gave the detainee money and suggested that he should direct his life toward jihad. The two discussed the jihad in Chechnya. The detainee stated that he was deported from the United Arab Emirates to Afghanistan. The detainee flew from [sic] United Arab Emirates to Pakistan at the expense of the United Arab Emirates government. While en route to Afghanistan, the detainee was convinced to go to the Taliban and tell them that their embassy in the United Arab Emirates had sent him. The detainee then traveled to the Kallu Urdu Camp. The detainee claimed that in February 2000 he departed the Kallu Urdu Camp and was taken to the Ghulam Batsha Guest House. The detainee was given the name Duhana al Kurdi for security reasons. The detainee stated that while at the guest house, he worked with the weapons supply officer. The detainee duties included repairing and servicing heavy weapons. The detainee stated that after one week, the detainee departed Ghulam Batsha and was taken to the al Farouq Training Camp. The detainee claimed that after eighteen days of training he requested he to leave the al Farouq Training Camp. After submitting this request, the detainee claimed that he was suspected of spying for the United States or Israel. The detainee stated that he was helf for approximately two weeks at a guest house known as College of Islamic and Arabic Studies where he was interrogated and tortured. The detainee stated that he was then transferred to a second al Qaida guest house with several other Arabs where he was interrogated again. The detainee stated that he was later transferred to a military camp where he was kept for approximately twenty days. The detainee claimed that he was then turned over to the Taliban and was transferred to the Taliban's intelligence headquarters for approximately five days. The detainee stated that he was then transferred to Sarapooza, where he was held from May 2000 until being turned over to United States custody. The detainee said he was never interrogated while in Taliban custody. Sarpuza [sic] was a political prison in Afghanistan. In a video that was obtained from a senior member of al Qaida's residence, the detainee claims that he was recruited to join the jihad in Chechnya. A source claimed that the detainee was possibly an agent for the United Arab Emirates. Another source claimed that the detainee was recruited to be a spy while studying in United Arab Emirates and met with a western intelligence officer at a hotel. b. Training The detainee stated that he attended the al Faroq Training Camp in Kabul, Afghanistan around January or February 2000. The detainee stated that while at al Farouq, he was given training on the Kalashnikov rifle, G-3]], M-16 and various other Russian/Saudi made weapons. The detainee stated that he also received training in mountain tactics, topography and jungle/guerilla-type warfare. A source stated that the detainee claimed to have received military training in the United Arab Emirates. c. Connections/Associations Usama bin Laden and a Taliban leader would hide at the prison complex. d. Other Relevant Data The detainee claimed that after a dispute with father over a loan the detainee received from a friend, the detainee attempted to leave the United Arab Emirates. The detainee stated he is concerned for his brothers since he owes a large amount of money for drugs in Syria. A source claimed that the detainee was a frequent user of heroin and hashish and while in prison almost died of an overdose. A source claimed that the primary problem with the detainee was his sexual indiscretions with other young men, resulting in a guest house leader talking to the detainee. During this discussion, the detainee admitted his espionage activities.

[edit] The following primary factors favor release or transfer:

a.	A source stated that the Taliban tortured the detainee to the extent that he had little use of his right arm. As a result, the detainee spoke poorly of the Taliban.
b.	The detainee claims that al Qaida tortured him until he admitted he was a spy.
c.	The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledg of any rumors or plans of future attacks on the United States or United States interests.
d.	--- missing from the memo ---
e.	The detainee said the [sic] he would like to go back to Syria but is afraid of what the Syrian government might do to him.

[edit] Abd Al Rahim and other former Taliban prisoners

Abd Al Rahim was one of nine former Taliban prisoners the Associated Press pointed out had gone from Taliban custody to American custody.^[13]

Further information: American prisoners who were previously Taliban prisoners

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ OARDEC (date redacted). Summarized Statement pages 1-15. United States Department of Defense. Retrieved on 2008-05-05.
3. ^ ^{a b c} "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
5. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
6. ^ OARDEC (27 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Janko, Adb Al Rahim Abdul Rassak pages 14-15. United States Department of Defense. Retrieved on 2008-05-05.
7. ^ OARDEC (date redacted). Summarized Statement pages 148-161. United States Department of Defense. Retrieved on 2008-05-05.
8. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
9. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
10. ^ OARDEC (24 October 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Janko, Abd Al Rahim Abdul Rassak pages 49-50. United States Department of Defense. Retrieved on 2008-05-05.
11. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN 489 pages 92-107. United States Department of Defense. Retrieved on 2008-05-05.
12. ^ OARDEC (26 June 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Janko, Abd AL Rahim Abdul Raza pages 73-75. United States Department of Defense. Retrieved on 2008-05-05.
13. ^ Paul Haven. "From Taliban jail to Gitmo – hard-luck prisoners tell of unending ordeal", San Diego Union Tribune, June 30, 2007. Retrieved on 2007-07-01.