Abdulrahim Kerimbakiyev

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Abdulrahim Kerimbakiyev is a citizen of Kazakhstan held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Kerimbakiev detainee ID number was 521. The Department of Defense reports that Kerimbakiev was born on January 4, 1983 in Semei, Kazakhstan.

Main article: minors detained in the global war on terror

1 Combatant Status Review Tribunal
- 1.1 Summary of Evidence memo
- 1.2 Testimony
2 Administrative Review Board hearings
- 2.1 First annual Administrative Review Board
- 2.2 Second annual Administrative Review Board
  - 2.2.1 The following primary factors favor continued detention:
  - 2.2.2 The following primary factors favor release or transfer:
3 Release
4 See also
5 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.^[2]^[3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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.

Kerimbakiev chose to participate in his Combatant Status Review Tribunal.^[5]

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdul Rahim Kerimbakiev's Combatant Status Review Tribunal, on 22 September 2004.^[6] The memo listed the following allegations against him:

a. The detainee is associated with Taliban and al Qaida:

The Detainee traveled to Kabul, Afghanistan from Kazakhstan in September, 2000.
Detainee’s travel route took him through Karachi, Islamabad and Peshawar, Pakistan and through Kandahar, Afghanistan.
The Detainee has family ties to known terrorists in Pakistan.
One of Detainee’s “family ties” is a member of a terrorist group responsible for attacks in Uzbekistan.
The Detainee resided in Taliban provided housing and worked as a cook in a Taliban camp.
The Detainee was captured in December 2001 at his house in Kabul.

[edit] Testimony

Kerimbakiev acknowledged traveling to Kabul in September 2000. He traveled with ten family members, his grandmother and siblings.^[5]

He denied having any relatives in Pakistan.

He denied that any of his family were tied to any terrorist group in Uzbekistan.

He confirmed being capured in 2001, in the middle of Ramadan.

He said he and his family were driven to travel to Afghanistan through poverty. He acknowledged that the Taliban had provided them with a house, where he tried to grow vegetables.

Kerimbakiev seemed confused by many of the Tribunal's questions, and didn't answer many of them. His Tribunal asked, several times, what he did in return for the Taliban's generosity. It is one of the questions he didn't answer.

[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".^[7]

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. 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 Abdulrahim Kerimbakiev's first annual Administrative Review Board, on May 2, 2005.^[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee traveled to Kabul, Afghanistan from Kazakhstan in September 2000.
Detainee's travel route took him through Karachi, Islamabad and Peshawar, Pakistan and through Kandahar, Afghanistan.
The detainee was recruited by the Taliban in Kazakhstan.
The detainee was captured in December 2001 at his house in Kabul, Afghanistan.

b. Connections/Associations

The detainee has family ties to known terrorists in Pakistan.
One of the detainee's "family ties" is a member of a terrorist group responsible for attacks in Uzbekistan.
The detainee is a member of the Eastern Turkestan Islamic Party/Movement (ETIP/ETIM).
The detainee and his family were financially supported by the Taliban and resided in Taliban provided housing. In October 2001, the detainee departed Kabul, Afghanistan to work as a cook at a Taliban Military Camp.
The detainee and the individuals he traveled with, chose a cover story for their recruitment in Kazakhstan.

c. Other Relevant Data

Anti-Taliban Forces in Kabul, Afghanistan captured the detainee and seven other al Qaida members; there were also 3 anti-aircraft missiles confiscated at the time.

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

The detainee denied having any terrorist affiliation or information about terrorist activities directed or planned against the United States. He further denied knowing about anyone possibly having such information.

[edit] Missing Transcript

Kerimbakiev had agreed to cooperate in an interview with his Assisting Military Officer, but he chose not to attend his Administrative Review Board hearing.^[9] His Assisting Military Officer submitted a summary of his interview with Kerimbakiev to the Board. The Department of Defense did not include that summary together with the transcript that mentions it.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdulrahim Kerimbakiev's second annual Administrative Review Board, on 8 April 2006.^[8] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee and his family departed Kazakhstan for Afghanistan in September 2000. They traveled from Kazakhstan to Kabul, Afghanistan via Karachni, Islamabad, and Peshawar, Pakistan and then through Kandahar, Afghanistan.
The detainee and his family lived in Kabul, Afghanistan in a house assigned to them by Taliban officials.
In Kabul, Afghanistan the Taliban supported the detainee's entire family financially for thirteen months while the detainee and his three brothers studied the Koran full-time at a nearby mosque.
In Kabul, Afghanistan the detainee and a friend worked as assistant cooks wiht the Taliban for 10 Afghani Rupees twice per month.

b Connections/Associations

The detianee's uncle worked for the Taliban as a simple soldier.
The detainee and his friend were offered jobs as Taliban cooks by an associate fo the detainee's uncle.
According to a foreign government service, the detainee was a first-generation ^[sic] member of extremists ^[sic] associated with a criminal/jihadist group in Almaty, Kazakhstan who left Kazakhstan for Afghanistan circa 2001.
According to a foreign government service, the detainee traveled to Afghanistan to join the Eastern Turkestan Islamic Party/Movement leader to become a terrorist.
The Department of Homeland Security lists the Eastern Turkistan ^[sic] Islamic Movement as a foreign terrorist organization. It is described as a small Islamic extremist group based in China's western Xinjiang Province and it is one of the most militatn of the ethnic Uighur separatist groups. This group is suspected of having received training and financial Assistance from al Qaida.

c. Intent

The detainee renounced his Kazak citizenship, stating that he abandoned it when he moved to Afghanistan. The detainee stated that if he was released he would attempt to move to Mecca, Saudi Arabia.

d. Other Relevant Data

The detainee was captured by United Islamic Front for the Salvation of Afghanistan troops on 2 December 2001, during Ramadan, in Sharakambar, Kabul district ^[sic] , Afghanistan.
The detainee was captured in a group of eight people assessed to be al Qaida members.
When asked what his thoughts were regarding the attacks on America, the detainee laughed and smiled.
The detainee has a history of being non-cooperative and has stated to previous interrogators that he is proud of himself for resisting during questioning.

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

a.	The detainee stated that he chose to travel to Afghanistan from Kazakhstan because he was promised money and food. While in Afghanistan the detainee made money growing and selling marijuana.
b.	The detainee denied having any knowledge of the attacks in the United States prior to their execution on 11 September 2001 and also denied knowledge of any rumors or plans of future attacks on the United States or United States interests.
c.	The detainee claimed he is not a member of the Islamic Movement of Uzbekistan or the Islamic Movement of Tajikistan.
d.	The detainee denied having any terrorist affiliation or information about terrorist activities directed or planned against the United States. The detainee further denied knowing about anyone possibily having such information.
e.	The detainee stated that he did not take part in any military activities in Afghanistan.

[edit] Release

The Miami Herald reported that three of the four Kazakh detainees in Guantanamo were repatriated and set free on December 21, 2006.^[10] According to the Herald, Abdullah Tohtasinovich Magrupov, Ihlkham Battayev and Yakub Abahanov were the three released men, and Abdulrahim Kerimbakiev remains in detention..