Abdul Nasir (Guantanamo detainee 874)

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Abdul Nasir
Born: 1981 (age 26–27)
Kabul, Afghanistan
Detained at: Guantanamo
ID number: 874
Conviction(s): no charge, held in extrajudicial detention
Status Cleared for repatriation in 2005.

Abdul Nasir is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 874. American intelligence analysts estimate that Nasir was born in 1981, in Kabul, Afghanistan.

Contents

[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. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.
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.[2] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[3]

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 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 Abdul Nasir's Combatant Status Review Tribunal, on 6 October 2004.[4] The memo listed the following allegations against him:

a. The detainee is associated with the Taliban:
  1. The detainee is associated with the Taliban.
b. The detainee engaged in hostilities against the United States or its coalition partners:
  1. The detainee was part of a group that attacked the Shkin firebase with AK-47 rifles, PK machine guns, grenades, and rocket-propelled grenade launchers.
  2. The detainee was armed for this attack with grenades and an AK-47 rifle.
  3. The detainee was captured fleeing from the Shkin firebase attack and in possession of seven grenades and ammunition for an AK-47 rifle.

[edit] Transcript

Nasir chose to participate in his Combatant Status Review Tribunal.[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a six page summarized transcript from his Combatant Status Review Tribunal.[6]

[edit] Witness request

The Tribunal's President wanted to confirm that the witness Nasir requested was "Qari Enahmullah". He said that Nasir had described his age, height, and other characteristics, and said that he was a Pakistani, and that the last time he saw him he was at Bagram, apparently in U.S. custody.

Nasir corrected the President, telling him the last time he saw him was half an hour before he was captured.

The President then informed Nasir that he had ruled the witness "relevant", and that the United States Government had contacted the Afghanistan government for their help in getting a witness statement from him. Since the Afghanistan government had not responded he had ruled the witness "not reasonably available".

The Guantanamo Bay detainment camp did contain an Afghan detainee named "Qari Esmhatulla".[7][8][9] Although the official lists of detainee names state Qari Esmhatulla was an Afghan, the second list, that states the detainees place of birth, says Qari Esmhatulla, was born in Ramsha, Pakistan.[10][1]

Main article: Witnesses requested by Guantanamo detainees

[edit] Statement

Abdul Nasir confirmed that he had been nearby when associates of his had fired a missile. He disputed that he knew his traveling companions planned an attack, and claimed he was tricked into coming with them.

He also testified to having his hands suspended above his head for ten days, when he arrived at the Bagram Theater Internment Facility. When he was asked whether he had told anyone in Guantanamo about his treatment in Bagram he said he had, but his interrogators had threatened to punish him for lying.

His Tribunal brought in extra translators to make sure his report of extended interrogation was being properly translated. The translators agreed that the tape recording recorded him saying either that his hands were suspended from the roof, or that his hands had been suspended above his head.

[edit] Abdul Nasir v. George W. Bush

A writ of habeas corpus, Abdul Nasir v. George W. Bush, was submitted on Abdul Nasir's behalf.[11] In response, on February 15, 2007, the Department of Defense published twenty pages of unclassified documents related to his Combatant Status Review Tribunal.

On December 17, 2004 Tribunal panel 26 confirmed that Abdul Nasir was an "enemy combatant".

[edit] Administrative Review Board hearing

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".
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".[12]

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.[13] 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] Enemy Combatant Election Form

Abdul Nasir and his Assisting Military Officer met on September 6, 2005 for thirty minutes.

When his Assisting Military Officer read out his notes from the Enemy Combatant Election Form Abdul Nasir corrected him. He said he had chosen to respond to each allegation as it was read out, in turn, not respond to them all at once.

They met a second time so Abdul Nasir could submit a letter from his family.

His Assisting Military Officer described Abdul Nasir as being cooperative and polite throughout their interviews

Abdul Nasir declined to keep a copy of the Summary of Evidence memo that had been translated in Pashto.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee was identified as a student at jihad madrassas preparing for the front lines.
  2. The detainee reportedly disclosed that he had been involved in a grenade attack against a U.S. military truck in Kabul City, Afghanistan, and then fled to a mosque.
b. Training
  1. The detainee was reportedly seen in a military training camp in Peshawar province of Pakistan before he was captured. The detainee was training in the use of rockets, heavy machine guns, AK-47s, and hand grenades.
c. Connections/Associations
  1. The detainee stated that while attending the Taleemolquran Madrassa, Qari Inamullah asked him numerous times to join the Taliban.
  2. The detainee stated Qari Inamullah was a good character, but he knew he was involved in the Taliban.
  3. Detainee stated Qari Inamullah claimed to be a driver for a high level Taliban official. Inamullah told the detainee he often traveled to Afghanistan to meet this official. Inamullah claimed to be on Taliban business when going to Lahore, Pakistan.
  4. Qari Inamullah invited the detainee to another madrassa located in Wana, Pakistan.
  5. Qari Inamullah paid for all of the detainee's expenses during the six weeks he stayed in Wana, Pakistan.
  6. Wana, Pakistan is an area known as an ingress and egress route for al Qaida and the Taliban to flee into Pakistan.
d. Other Relevant Data
  1. While at Wana, Pakistan, the detainee and 30 individuals attacked an American Base.
  2. Upon arriving at the location Qari Inamullah handed the detainee an AK-47, which the detainee accepted. The detainee witnessed Qari Inamullah firing an RPG at the American base. The detainee stated Inamullah was the leader of the attack.
  3. The detainee stated the attack only lasted a moment before they fled. The detainee stated he could not remember the direction he was supposed to go to regroup. He was then met by American and Afghan soldiers. He surrendered and was detained.
  4. The detainee was captured with seven hand grenades and a magazine for the AK-47.

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

a. The detainee stated Inamullah admitted to tricking him into going along with the attack on the American base.
b. The detainee stated he never fired his weapon in the attack on the American base.

[edit] Transcript

Nasir chose to participate in his Administrative Review Board hearing.[14] In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Administrative Review Board.[6]

[edit] Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[15][16] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 23 December 2005

[edit] References

  1. ^ a b OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
  2. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  3. ^ 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.
  4. ^ OARDEC (6 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Nasir, Abdul page 41. United States Department of Defense. Retrieved on 2008-06-01.
  5. ^ OARDEC (December 17, 2004). Summarized Statement pages 5-10. United States Department of Defense. Retrieved on 2008-06-03.
  6. ^ a b "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  7. ^ Summarized transcripts (.pdf), from Qari Esmhatulla's Combatant Status Review Tribunal - pages 165-173
  8. ^ Summarized transcripts (.pdf) from Qari Esmhatulla's Administrative Review Board hearing - pages 1-7
  9. ^ Factors for and against the continued detention (.pdf) of Qari Esmhatulla Administrative Review Board - page 77
  10. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  11. ^ Abdul Nasir v. George W. Bush pages 21-40. United States Department of Defense (February 15, 2007). Retrieved on 2008-06-03.
  12. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  13. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  14. ^ OARDEC. Summary of Administrative Review Board Proceedings of ISN 874 pages 68-77. United States Department of Defense. Retrieved on 2008-06-03.
  15. ^ OARDEC (19 October 2005). Administrative Review Board assessment and recommendation ICO ISN 874. United States Department of Defense. Retrieved on 2008-06-03.
  16. ^ OARDEC (8 September 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 874 pages 84-90. United States Department of Defense. Retrieved on 2008-06-03.