Abib Sarajuddin

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Abib Sarajuddin
Born: 1942 (age 65–66)
Detained at: Guantanamo
ID number: 458
Conviction(s): no charge, held in extrajudicial detention
Status Cleared for repatriation in December 2005. Still in US custody as of April 2007.

Abib Sarajuddin 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 458. Guantanamo intelligence analysts estimate that he was born in 1942.

Contents

[edit] Summary

Sarajuddin, his brother Khan Zaman, his son Gul Zaman, and his neighbor Mohammad Gul, were all captured on the night of January 21, 2002, early during the administration of Hamid Karzai.[2] Gul Zaman, and Mohammad Gul were released. Abib Sarajuddin and Khan Zaman Tribunals confirmed the original determination that they had been correctly classified as "enemy combatants.

[edit] Identity

Another Guantanamo captive, identified by the Washington Post was identified as Sarajudim.[3] Sarajudim is not a name listed on the official list of captives.[1] The Washington Post reported that Sarajudim was one of eighteen men repatriated to Afghanistan on March 22, 2003, and released with a certificate of innocence by Afghan authorities on March 26, 2003.

[edit] New York Times article

The New York Times published an article about the search for Jalaluddin Haqqani, and how it lead to the aerial bombardment of Sarajuddin's home.[2] The New York Times article was presented as an exhibit to Sarajuddin's Combatant Status Review Tribunal.

The New York Times article said that Sarajuddin hosted Jalaluddin Haqqini overnight out of traditional hospitality; that other villagers had reported Haqqini's stay; and that American forces had bombarded Sarajuddin's household from the air, on November 16, 2002, killing everyone except Sarajuddin and Haqqini. According to the New York Times, Sarajuddin, and the other three were arrested on January 21, 2002. The New York Times quoted various American officers who predicted that Sarajuddin would soon be released.

[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.[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 Abib Sarajuddin's Combatant Status Review Tribunal, on 22 November 2004.[6] The memo listed the following allegations against him: '

a. The detainee is associated with forces that have engaged in hostilities against the United States and its coalition partners:
  1. In September or October of 2001, the detainee worked as a recruiter for Pacha Khan.
  2. Pacha Khan provided the deteinee with 30,000 rupees in order to rebuild his compount when it had been destroyed by a United States air strike.
  3. Pacha Khan, a renegard Pashtun Commander, has been conducting active field operations against the Afghan Transitional Administration (ATA) and coalition military forces.
b. The detainee participated in military operations against the coalition.
  1. The detainee was captured near Khowst, Afghanistan by United States Forces on January 20, 2002.
  2. The detainee and his three associates when captured had in their possession a modified ICOM VHF transceiver.
  3. Coalition forces were fired upon during capture of the detainee.

[edit] Transcript

Sarajuddin 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 summarized transcript from his Combatant Status Review Tribunal.[8]

[edit] Previous promises

Before the Tribunal's President proceeded, he addressed a promise made to Sarajuddin by one of his interrogators. Sarajuddin's interrogator had, apparently, promised him that "if he swore an oath on the Koran, and provided a statement, he'd be set free."

The Tribunal's President explained the Tribunal had nothing to do with previous promises; he hoped that Sarajuddin would choose to swear an oath, but that doing so wouldn't guarantee release.

[edit] Sarajuddin's initial statement

Sarajuddin described agreeing to a request by a tribal elder, Nazim, to speak to people in four neighboring village, asking them to rally in opposition to the Taliban, at the time the USA was about to attack. The tribal elder, named Nasim, made the request on behalf of Pacha Khan. The Taliban fell so quickly there was no local fighting. The new Hamid Karzai government subsequently appointed Khan the local governor of Sarajuddin's district.

Sarajuddin said a few days later Americans bombarded his house, killing his wife, and a number of other family members.

About a month later American forces came and captured himself, his brother, son, and a neighbor. There was no resistance. He didn't see or hear any sign of gunshots. He had no radio.

Sarajuddin said he still doesn't understand why the Americans killed his family and took him captive.

[edit] Sarajuddin's testimony in response to questions

At this point the Tribunal President wanted to give Sarajuddin an opportunity to answer each allegation one at a time. But Sarajuddin's Personal Representative convinced him that Sarajuddin's statement had answered all the allegations but one -- whether Pacha Khan was a renegade. Sarajuddin responded that Khan was working with the Americans at the time of his capture, and that he didn't feel responsible for what he might have done after his capture. According to the February 2, 2002 New York Times article Pacha Khan was one of the two politicians competing for American support over the city of Khost.

Sarajuddin was asked what training he had in electronics. He replied that he had none, and that he didn't even know how to read and write. He said his son and brother also had no training in electronics and that they too were illiterate.

Sarajuddin said he didn't know who might have denounced him.

[edit] Khan Zaman's testimony

Sarajuddin called his brother Khan Zaman as a witness.

The first questions were posed by Sarajuddin's Personal Representative. In answer to those questions Zaman said he was not present when their household was bombed. He was in Gardez. They didn't have any kind of radio. He didn't know why the Americans bombed their house.

Zaman confirmed that Sarajuddin had tried to rally opposition to the Taliban. He confirmed that Pacha Khan had asked Nasim, the tribal elder.

Zaman confirmed that none of them had any training in electronics, and that none of them could read or write.

Zaman confirmed that there was no opposition to the American.

[edit] Surajadin Abib v. George W. Bush

A writ of habeas corpus, Surajadin Abib v. George W. Bush, was submitted on his behalf.[9] In response the Department of Defense published 47 pages of unclassified documents related to his Combatant Status Review Tribunal.

On December 3, 2004 Tribunal panel 27 confirmed his "enemy combatant status]]".

[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".[10]

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 Abib Sarajuddin's Administrative Review Board, on 26 September 2005.[12] The memo listed factors for and against his continued detention.

[edit] The following factors favor continued detention:

a. Commitment
  1. The detainee has traveled out of Afghanistan to Saudi Arabia twice and out of Pakistan once. The detainee last traveled to Saudi Arabia was to complete the Haj around ten or twelve years ago (approximately 1990).
  2. The detainee indicated his involvement with Tabligh Jamaat was a religious group comprised of ten to fifteen people who prayed together. The detainee stated he was in a Jamaat once and he traveled to different villages in his area and preached about Islam and the Koran.
  3. Some al Qaida members have joined the al Dawa al Tabligh religious organization, identifiable with the Jama'at al Tabligh, which was well known for it's (sic) support to Jihadist causes.
b. Connections/Associations
  1. The detainee's relatives say that he and his family gave shelter to Jalaluddin Haqqani, the commander of Taliban forces in the southern provinces of Afghanistan, who was fleeing from Kabul.
  2. The detainee was told about a report indicating that his son stated that Jalaluddin Haqqani and his bodyguards did come to his house and requested to stay.
  3. Jalaluddin Haqqani was creating a Hezb-e Islami Gulbuddin base in Waziristan, Pakistan, near the border of Afghanistan.
c. Other Relevant Data
  1. The detainee explained that in previous interviews he withheld information or provided false information, specifically saying that his house was not bombed.
  2. The detainee also stated that he went to the Governor of Khost, Pacha Khan Zadran, to get money to help rebuild his house, in previous interviews the detainee denied that he received money from anyone to rebuild his house.
  3. The detainee was seized with three other individuals in an open area near a suspect Taliban facility on 20 January 2002. The Coalition Forces were fired upon during the seizure. The detainee's were in possession of an Icom Very High Frequency (VHF) transceiver.

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

a.

The detainee stated that he has never provided shelter (support) to Jalaluddin Haqqani.
b.

The detainee claims that he does not know of any al Qaida members or training camps within his village of Zani Khel.
c.

The detainee stated he was still glad the Americans came to Afghanistan. The detainee felt that for the last 20 years the Afghans only knew war, but now that the Americans were there they had a chance for peace. The detainee did not harbor any resentment towards Americans for bombing his house and killing members of his family.
d.

The detainee stated that he was involved with recruiting people in his village to fight against the Taliban. The detainee's recruiting efforts involved going door to door to request volunteers to fight against the Taliban.

[edit] Transcript

Sarajuddin chose to participate in his Administrative Review Board hearing.[13] 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.[8]

[edit] Testimony

Sarajuddin acknowledged going to Saudi Arabia, once, for Hajj.

Sarajuddin denied any involvement with Tabligh Jamaat. He did once worship at a mosque named Jamaat.

Sarajuddin denied that any of his family members ever said that he gave shelter to Jalaluddin Haqqani. He denied that his son stated that Jalaluddin and his bodyguards came to his house and requested to stay. Rather he had a letter from his son that said the complete opposite. The Presiding Officer acknowledged that this letter had been filed into evidence. Sarajuddin asked him if the petition from everyone in his village had been entered into evidence. It hadn't. No one could explain why.

Sarajuddin said he and his relatives and neighbors were not captured in the open, near a Taliban site. They were all captured in their homes. And there were no Taliban installations anywhere in their area.

Sarajuddin said he had never denied that his house was bombed. He had told the whole world his house was bombed.

Sarajuddin said that the allegation that he was denying his house being bombed seemed to contradict the allegation that he went to the governor to request compensation for his house being bombed. However he did not approach the governor himself. His tribal elder Nazim approached him on his behalf.

Sarajuddin denied that there was any firing when he was captured.

Sarajuddin denied that he possessed a transceiver, or that anyone he knew possesses a transceiver.

His Board's Presiding Officer returned to the question of whether there had been any firing during the capture, and said:

"I want you to be very clear about this allegation. This particular allegation is one of the [sic] only reasons you were made an Enemy Combatant."

[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.[14][15] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized transfer on 10 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. ^ a b Villagers Add to Reports of Raids Gone Astray, New York Times, February 2, 2002
  3. ^ "Returning Afghans Talk of Guantanamo: Out of Legal Limbo, Some Tell of Mistreatment", Washington Post, March 26, 2003. Retrieved on February 27. 
  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 (22 November 2004). Summary of Evidence for Combatant Status Review Tribunal -- Sarajuddin, Abib page 7. United States Department of Defense. Retrieved on 2008-05-23.
  7. ^ OARDEC (date redacted). Summarized Statement pages 36-41. United States Department of Defense. Retrieved on 2008-05-24.
  8. ^ a b "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  9. ^ Surajadin Abib v. George W. Bush -- 05-1000 pages 37-83. United States Department of Defense. Retrieved on 2008-05-24.
  10. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  11. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  12. ^ OARDEC (26 September 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Sarajuddin, Abib pages 45-46. United States Department of Defense. Retrieved on 2008-05-24.
  13. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN 458 pages 193-206. United States Department of Defense. Retrieved on 2008-05-24.
  14. ^ OARDEC (10 December 2005). Administrative Review Board assessment and recommendation ICO ISN 458 page 67. United States Department of Defense. Retrieved on 2008-05-23.
  15. ^ OARDEC (13 October 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 458 pages 68-73. United States Department of Defense. Retrieved on 2008-05-17.