Abdul Razak (Guantanamo detainee 219)
From Wikipedia, the free encyclopedia
| Abdul Razak | |
|---|---|
 |
|
| Detained at: | Guantanamo |
| Alias(s): | Abdal Razak Qadir |
| ID number: | 219 |
| Conviction(s): | no charge, held in extrajudicial detention |
| Status | cleared for release or transfer |
Abdul Razak is a citizen of China, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 219. Joint Task Force Guantanamo counter-terrorism analysts report Razak was born in Atush, China. Joint Task Force Guantanamo counter-terrorism analysts provided birthdates, or the estimated year of birth for all but 12 detainees. Razak was one of those 12.
Contents |
[edit] Identity
Captive 219 was identified inconsistently on official Department of Defense documents:
- Captive 219 was identified as Abdul Razak on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 5 October 2004, in the Information paper: Uighur Detainee Population at JTF-GTMO, drafted on October 30, 2004, and on seven official lists of captives' names.[2][3]
- Captive 219 was identified as Abdul Razak Qadir in the Information paper: Uighur Detainee Population at JTF-GTMO, drafted on October 30, 2004.[3]
- Captive 219 was identified as Abdal Razak Qadir on the Summary of Evidence memo prepared for Abdal Razak Qadir's Administrative Review Board, on 24 October 2005. andon the legal advisor's certificate prefacing a documents released in response to his writ of habeas corpus on 4 July 2007.[4][5]
[edit] Combatant Status Review
Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the War on Terror, while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners. Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".
From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Abdul Razak (Guantanamo detainee 219) among the two-thirds of prisoners who chose to participate in their tribunals.[6]
A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. Abdul Razak (Guantanamo detainee 219)'s memo accused him of the following: [2]
- a. The detainee is an Enemy Combatant:
- The detainee admits belonging to the East Turkestan Islamic Movement (ETIM).
- ETIM has ties to Al-Qaida and the Taliban.
- b. The detainee participated in military operations against the coaltion.
- The detainee received training in an Al-Qaida sponsored camp two hours North or Northwest of Jalabat [sic] , Afghanistan in 2001.
- The detainee traveled to the mountain training camp in Tora Bora and fled when U.S. forces began bombing that location.
- The detainee carried a weapon while guarding an Al-Qaida safe house in Jalalabad.
On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a summarized transcript fifteen pages long from his Combatant Status Review Tribunal.[7]
The memo describing the basis for his Tribunal's basis for its decision to classify captive 219 as an enemy combatant asserted he did not ask any questions about his rights. Prior to making his opening statement he asked:
"They accuse me of being an enemy combatant. I want you to explain this. Nothing I have said or my actions in the past do not [sic] make me an enemy combatant."
After a discussion of the definition of enemy combatant the Tribunal was using:[8]
| Captive 219: |
Do you have witnesses that say I supported Al-Qaida or the Taliban or say that I fought with the Al-Qaida against the U.S. or coalition forces? |
| Tribunal President: |
First piece of evidence. You were part of the East Turkestan Islamic Movement and that group was part of or tied to Al-Qaida. |
| Captive 219: |
You say the Islamic Movement, which one are you talking about? I have no knowledge about those Islamic Movements. You are telling me they are tied to Al-Qaida. |
| Tribunal President: |
The government information says that you admitted to belonging to [sic] East Turkestan Islamic Movement. |
| Captive 219: |
This is the first time I have ever heard of them. I was never asked during interrogations. I never told them I was a member. |
[edit] Response to the allegations
- In response to the allegations that he has ties to ETIM captive 219 responded that he was a businessman, who incurred debts when he worked selling fabrics and animal skins in Uzbekistan. He acknowledged he might have had business dealings with ETIM members without being aware of it.
- In response to the allegations that ETIM has ties to Al-Qaida and the Taliban captive 219 responded:
I met with some Uighur people in Afghanistan in Kabul. I was looking for some money to start a carpet of possibly an animal skin business. They told me I would have to work for them to earn a monthly salary. I went to the market to buy food products for the people and also clothing. I did not stay there long, I did not live with those people, I would get money from them, go get what they wanted and leave. I did not know what these people did. I didn't know if they were ETIM or associated with the Al-Qaida or Taliban. I only knew about the Taliban government from being in Afghanistan. But never heard of the Al-Qaid until I got here to Cuba.
- In response to the allegations that he received training in an al Qaida sponsored camp captive 219 responded:
-
- "I was worrying about how to conduct business, making a living. I reemmber once or twice bringing food to Uighur people to a place outside of Jalalabad. I never stayed there long and never saw any military training."
- I didn't know this place. I just brought the food for them once or twice. I never trained there. If I wanted the [sic] training I would get it to fight against the Chinese Government. America has never hurt my family or my nationality, why would I train to go against the U.S. Government? I had no plan for my family or my nation to fight against Chinese Government. The only thing on my mind was the business. I had not plan to train. Throughout history the American Government never hurt my country. We had heard about America but just the name. I never knew what they looked like. The first time I saw an American was n Kandahar in prison. They never did anything bad to me. How could I take training to go against those people?
- Captive 219 acknowledged that when the American bombing campaign began he wanted to be with fellow Uyghurs. He went to a mountain camp, that was not a training camp, to stay with fellow Uyghurs. He traveled with these Uyghurs through the mountains into Pakistan. He said they were treated nice by the Pakistanis, who told them they would take him to the city. However they instead delivered him to the gates of a prison. He acknowledged that, during his interrogation, he lied about his nationality, claiming ht was an Afghan -- because he feared if he told the truth he would be sent back to Turkistan [sic] } where he owed money.
- Captive 219 denied he had ever carried a weapon or guarded a house in Jalalabad.
After responding to the allegations against him captive 219 and his Tribunal's President had the following exchange:
| Captive 219: |
About the first accusation were [sic] they accused me of being an enemy combatant. What kind of evidence do you have? |
| Tribunal President: |
I would like you to review your notes to see if we have answered all your questions so far. |
| Captive 219: |
When you accuse me as an enemy combatant. Do you have any evidence? And I have a question for you? |
| Tribunal President: |
We have provided you all the evidence that we can at this time. We are here to look at all the evidence and determine that. You have all the information you may see now. We will see more information later but you are not permitted to see it. Do you understand? |
| Captive 219: |
Why can't I be at that session? |
| Tribunal President: |
Because of our national security and our authority does not permit us to provide that to you. |
| Captive 219: |
If this is a court, I should be able to defend myself. I am innocent. |
| Tribunal President: |
This is not a criminal court. This is an administrative government review. We are independent, we are checking to ensure the information supports the government's decision that you are an enemy combatant. That is our job. Have you concluded or finished providing us the information you wanted on the unclassified summary? |
[edit] Witness requests
Captive 219 requested two witnesses, two fellow Uyghurs, Yusuf Abbas and Dawut Abdurehim. He thought they could testify that they knew him only as a caterer.
Yusuf Abbas testified that he first met captive 219 when he was ill and spent a month in a hospital in Kabul. They were introduced by the hospital authorities who wanted captive 219 to cater his food. When he was better he traveled to the Uyghur camp. He testified that captive 219 join his fellow Uyghurs to flee the American aerial bombardment of Afghanistan. He testified he never saw captive 219 train on or carry a weapon.
Dawut Abdurehim testified that captive 219 had made two catering deliveries to the camp, that he was not a fighter, that he never saw him carry a weapon, and that he had come back to the camp to flee the American aerial bombardment.
He is one of approximately two dozen Uyghur detainees accused of membership in the Eastern Turkistan Islamic Movement.[9]
Documents released in response to the writ of habeas corpus Hassan Anvar v. George W. Bush contained a December 30 2004 memo which provided one-paragraph biographies of 22 Uyghur captives, and asserted they were all caught at an "ETIM training camp".[3]
The brief biography of Abdul Razak (Guantanamo detainee 219) stated:
-
- Abdul Razak is a 29-year-old Chinese citizen who is an ethnic Uighur from the Xinjiang province of China. Razak was last interviewed at the end of 2002. He had a disciplinary action on 4 March 2003 for participating in a block riot in which he threw a torn up plate in the walkway and threatened guards. Razak has had no discipline during this calendar year. He is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.
Captive 219 was also identifed as "Abdal Razak Qadir" in the Information paper.
[edit] Abdal Razak Qadir v. George W. Bush
A writ of habeas corpus, Abdal Razak Qadir v. George W. Bush, was submitted on Abdul Razak Qadir's behalf.[5] In response, on 4 July 2007 the Department of Defense released 35 pages of unclassified documents related to his Combatant Status Review Tribunal.
His enemy combatant status was confirmed by Tribunal panel 15. His Tribunal convened on 23 October 2004.
[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.[11] 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] Summary of Evidence memo
A Summary of Evidence memo was prepared for Abdal Razak Qadir's Administrative Review Board, on 24 October 2005.[4] The memo listed factors for and against his continued detention.
[edit] The following primary factors favor continued detention:
- a. Connections/Associations
- The detainee was told that many Uzbeks [sic] migrated to Afghanistan where business opportunities might be available in Mazar-e-Sharif [sic] . The detainee traveled to Jalalabad, Kabul and Mazar-e-Sharif [sic] , Afghanistan seeking business opportunities.
- The detainee met an unidentified Uzbek/Afghan who informed him that Uighur [sic] named Hassan Makhsum [sic] was running a political organization to protect Uighurs' [sic] rights. The detainee was told that Makhsum [sic] and/or members of his organization could be found in Kartisi, a neighbourhood of Kabul, Afghanistan.
- The detainee sought out and joined the East Turkistan Organization [sic] .
- The detainee was taken to the East Turkistan Organization camp [sic] in the Tora Bora Mountains.
- The detainee bought supplies in Jalabat [sic] , Afghanistan for the East Turkistan Organization training camp in the Tora Bora Mountains.
- The detainee was given a machine gun to defend himself and the East Turkistan Organization safe house in Jalabat [sic] , Afghanistan.
- When the bombing of the East Turkistan Organization camp began, the detainee traveled with other Uighurs [sic] toward Pakistan and arrived at the border with a group of about twenty to thirty refugees.
[edit] The following primary factors favor release or transfer:
-
a. The detainee never heard of al Qaida until after his capture in 2001. The detainee does not believe that East Turkistan Organization has any connection to al Qaida.
b. The detainee has requested political asylum in the United States. If United States asylum is not possible, he will seek asylum in any country that will not force him to return to China.
c. Repayment of his $30,000 debt is the detainee's primary goal after his release.
d. The detainee stated he does not belong to any extremist group or party and has never harbored any ill feelings towards the united States.
e. Chinese oppression and systematic violation of the civil rights of the UIghur people motivated the detainee to become involved in the East Turkistan Organization.
f. The detainee was unaware of the East Turkistan Organization being referred to as the Eastern Turkistan Islamic Movement.
g. The detainee stated he was unaware of the Eastern Turkistan Islamic Movement.
[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.[12][13] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 27 December 2005.
[edit] References
- ^ 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.
- ^ a b OARDEC (5 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Razak, Abdul page 37. United States Department of Defense. Retrieved on 2007-12-18.
- ^ a b c Information paper: Uighur Detainee Population at JTF-GTMO pages 28-34. United States Department of Defense (30 October 2004). Retrieved on 2007-12-19.
- ^ a b OARDEC (24 October 2005). Unclassified Summary of Evidence for Administrative Review Board in the case ofAbdal Razak Qadir pages 62-63. United States Department of Defense. Retrieved on 2007-12-18.
- ^ a b Abdal Razak Qadir v. George W. Bush pages 63-98. United States Department of Defense (4 July 2007). Retrieved on 2007-12-18.
- ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
- ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15.
- ^ OARDEC (23 October 2004). Summarized Sworn Detainee Statement (ISN 219) pages 20-35. United States Department of Defense. Retrieved on 2007-12-18.
- ^ "China's Uighurs trapped at Guantanamo", Asia Times, November 4, 2004. Retrieved on 2008-03-28.
- ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.
- ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26.
- ^ OARDEC (16 December 2005). Administrative Review Board assessment and recommendation ICO ISN 219 pages 1-2. United States Department of Defense. Retrieved on 2007-12-18.
- ^ OARDEC (17 November 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 219 pages 3-10. United States Department of Defense. Retrieved on 2007-12-16.
|
||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
