Abdul Qudus
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| Abdul Qudus | |
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| Born: | 1988 (age 19–20) Nadali, Afghanistan |
| Detained at: | Guantanamo |
| ID number: | 929 |
| Conviction(s): | no charge, held in extrajudicial detention |
| Status | Determined not to have been an enemy combatant after all. |
Abdul Qudus is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 929.
American intelligence officials estimate that he was born in 1988, in Nadali, Afghanistan.[1]
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[edit] Combatant Status Review Tribunal
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 Abdul Qudus Combatant Status Review Tribunal, on 14 October 2004.[4] The memo listed the following allegations against him:
- The detainee attempted to engage in hostilities against the United States.
- The detainee asked Afghan soldiers for weapons to fight Americans.
- The detainee is associated with individuals willing to participate in attacks against Americans.
- The detainee was captured in January 2003, by Afghan military forces in Gershk, Afghanistan after attempting to obtain weapons to kill Americans.
[edit] Transcript
Qudus 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] Testimony
Qudus said he was an orphan, who was traveling from a stay at the home of one uncle to go stay at the home of another uncle. He described seeking out a campfire, during his travel, when he was cold and hungry. The campfire belonged to men he told the tribunal were soldiers. When asked how he knew they were soldiers, he said because they were all carrying guns. But, when asked if they were wearing uniforms he said they were wearing civilian clothes.
He said that while they sat around the campfire the men told him they wanted him to take a weapon, so he could fight against the Americans, but he refused. He said they told him again he should join them in fighting the Americans, and he declined again. Then, when he woke the next day, and was going to say farewell, the men told him he was not free to leave. They "wrote a paper", and took him to "another place", where he met another prisoner, who said his name was Abujahn. Both he and Abujahn were then handed over to the Americans.
He acknowledged that he was handed over to the Americans in Ghereshk.
Qudus's Personal Representative asked him one final question -- did he know anyone named Agga Khan. Qudus answered "no".
[edit] Determined not to have been an Enemy Combatant
Abdul Qudus was one of the 38 captives the Bush Presidency determined had not been enemy combatants after all.[7] The Department of Defense refers to these men as No Longer Enemy Combatants.
[edit] References
- ^ a b list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ^ 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.
- ^ OARDEC (14 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Qudus, Abdul. United States Department of Defense. Retrieved on 2008-04-16.
- ^ OARDEC (date redacted). Summarized Statement pages 22-27. United States Department of Defense. Retrieved on 2008-04-16.
- ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15.
- ^ "Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo", United States Department of Defense, November 19, 2007. Retrieved on 2008-04-15.
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