Akhtiar Mohammad (Guantanamo detainee 1036)

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Akhtiar Mohammad is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] His detainee ID number is 1036. Intelligence analysts estimate that Mohammad was born in 1953, in Kundarkhiel, Afghanistan.

[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]

The neutrality of this section is disputed. Please see the discussion on the talk page.(December 2007) Please do not remove this message until the dispute is resolved.

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.

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

[edit] allegations

The allegations Akhtiar Mohammad faced during his Tribunal were:

a The detainee is associated with Al Qaeda.

1. The detainee traveled from Gardez to Kabul, Afghanistan in May 2003.
2. The detainee is a member of Itihad Islami.
3. The HiG is listed in the Terrorist Organization Reference Guide as having long-established ties with Usama Bin Laden.
4. The detainee had a HIG identification card on his person when he was captured.
5. The detainee received training on AK-47s, Rockets, RPGs and also driver/operator training on APCs during his military service.

b The detainee participated in hostilities against the United States or it’s coalition partners.

1. The detainee was the HIG commander in charge of the Seyyed Karam district.
2. The detainee participated in planning and attack of the governor in Seyyed Karam, Afghanistan.
3. The detainee participated in February 2003 rocket attack against U.S. forces in Gardeiz ^[sic] .
4. The detainee was arrested in May 2003 in Gardeiz, Afghanistan.
5. The detainee found to have ammunition to a U.S. sniper rifle.

[edit] Witness requests

Akhtiar’s transcript states

“The detainee originally asked for three witnesses and several thousand more from his country. The Tribunal President stated a recess is needed so that the detainee could talk to the Personal Representative about the witnesses.”

The President ordered a recess, for Akhtiar’s Personal Representative to talk to him about his witness requests. Following the recess Akhtiar was allowed a single witness request. The transcript records: “Since the other witnesses were only going to be character witnesses and character evidence is not relevant to the determination of enemy combatant status, the other witness requests were denied. Only one witness would be allowed in this tribunal.”

[edit] Evidence request

[edit] Response to the allegations

[edit] Response to Tribunal questions

[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. 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.

Mohammad chose to participate in his Administrative Review Board hearing.^[6]

[edit] Factors for and against continued detention

The memo summarizing the factors for and against captive's continued detention were always separated into two sections: those factors favoring detention; and those factors favoring release or transfer. The factors favoring continued detention were always further broken down into subcategories, like "training", "association", and "intent". The factors within those subcategories were always numbered. The numbering and subcategories were usually repeated in the transcripts. But they were not preserved in Akhtiar's transcript.

• The detainee is a professed member of Ittihad-E-Islami ^[sic] (a.k.a. Islamic Union for the Liberation of Afghanistan).^[7]
• The detainee is a former Lieutenant Colonel or Colonel of the Mujahidin campaign against the Soviets and later against the Taliban.
• The detainee admitted to attending a meeting with known Hezb-E-Islami Gulbuddin members in the past.
• The detainee stated he worked with Hikmatyar ^[sic] during the time of the Soviets, when all of the Afghani warlords worked together to get rid of the Russians ^[sic] .
• The detainee was conscripted into the military service for one year.
• The detainee fought in the jihad against the Russians ^[sic] .
• The detainee obtained a job with the Rabbani government as a border patrol ^[sic] under the Ministry of Interior. The Ministry of Interior had various missions to include ^[sic] intelligence, policing, traffic control and border patrol.
• Under the Ministry of Interior, the detainee was again given a leadership position. The detainee held the rank of colonel ^[sic] and was in control of a company ^[sic] of approximately 80-100 infantrymen.
• The detainee worked for the Ministry of Interior for approximately 18 months. Shortly after he left, the Taliban took control of his company and arrested many of his men.
• In ^[sic] or about 1997, the detainee left Pakistan to fight with the Alliance in Panjshir. The detainee fought for approximately three years in many battles in which the alliance was defeated.
• The detainee and his cousin rented a place for six months in Gardez, until they ran out of money and moved into a tribal house.
• The detainee states he had only been in that tribal house for approximately two days prior to his arrest. The detainee was taken into custody by United States Forces.
• The detainee was one of three local nationals detained on 4 May 2003 and identified as Hezbi-E-Islami Gulbuddin operatives trained in the Logar district for attacks against United States Forces.
• The detainee stated he was recruiting personnel for the Afghani Armed Forces at the time of his capture.
• The detainee advised that in approximately a month he would have been reportedly ^[sic] promoted to Toran ^[sic] General. President Hamid Karzai reportedly ^[sic] approved of this promotion.
• The detainee stated he was not a Hezbi-E-Islami Gulbuddin Commandeer and he didn’t have a Hezbi-E-Islami Gulbuddin identification card on his person when he was arrested.
• The detainee denied knowing about documents on Taliban and Hezbi-E-Islami letterhead, which were retrieved from the housing compound in which he was captured.
• The detainee told interviewers where he would ^[sic] get information for the United States, how he would convey it to the Americans and how the Americans could task him with assignments.
• The detainee states he has not fought against or assisted anyone else who fought against any United States Forces.
• The detainee states he is glad the United States is helping the Afghanis, and believes that if the United States occupation ends then the Taliban and al Qaida will return.
• When asked his feelings about 9/11, the detainee stated it is against Islamic belief to kill innocent people and to commit suicide.
• If released, the detainee wants to work for his country in any job with the government, such as working as a police officer. He would like to return to Kabul, Afghanistan because security is good and there are good educational opportunities for his children.
• The detainee denied working with a foreign government agency, stating it would shame him and his country.

[edit] Response to the factors

• Akhtiar Mohammad acknowledged being a member of the Ittihad-E-Islami -- during the struggle to free Afghanistan from its Soviet occupiers:

  “Yes, sir, I am going to tell you a little bit about my history leading me to being a member of this party. About 15 to 20 years ago when we fought against the Russians ^[sic] there were some parties, I was a member of this party mentioned here Ittihad-E-Islami. It was a better relatiohshp ^[sic] and organized everybody ^[sic] knows ^[sic] everybody. Almost 25 years ago when I became a refugee and came to Pakistan, I joined the party for different reasons. One of the reasons was because, as a refugee in Pakistan, the Pakistani Police Authorities would not let you stay or walk around without a membership card. This was an ID for me as an Afghan."

  • One of the Board members had was surprised that an Afghan refugee needed to register with a rebel group in order to acquire an ID card that would prove an acceptable proof of his identity for officials in the countries he sought refuge in. Akhtiar confirmed that this was the case.
  • Akhtiar was asked the doctrine behind the party, its goal, what it stood for. He replied:

  “My idea was to just get rid of the Russians ^[sic] whatever ideological agenda they had was none of my business.”

  • Akhtiar was asked if ridding Afghanistan of the Soviets was the party’s only goal. He replied:

  “Once the Russians ^[sic] withdrew from Afghanistan or were defeated, the party was no longer active and I did not have any more relations with them. Once the Taliban came into power we then had another problem.”

  • Akhtiar was asked if he was aware of any Islamic extremist organizations. He replied that he did not have any relationships with the Taliban or any other fundamentalist parties.
• In response to the allegation that Akhtiar was appointed to a field grade rank while fighting the Soviets he replied that those fighting the Soviets did not use traditional ranks.
  • Akhtiar confirmed he was rewarded with the rank of Colonel by the Rabbani coalition government that followed the ouster of the Communists, and preceded the Taliban regime.
• Akhtiar denied the accusation that he admitted meeting with known Hezbi-E-Islami Gulbuddin members. Akhtiar denied meetting with HIG members. He did not agree with their ideas.
• In response to the allegation that he worked with (Gulbiddin) Hekmatyar, former Prime Minister, former leader of the the Hezbi-E-Islami party, and current leader of the Gulbuddin faction of the Hezbi-I-Islami party, Akhtiar confirmed that during the struggle to free Afghanistan of the Soviet occupiers all the militia groups made National unity their top priority, and worked with other militia groups to which they were ideologically opposed.
• In response to the accusation that he had been conscripted into military service for one year Akhtiar replied:

  “Yes, sir. At the time of President Dahoud ^[sic] , prior to the communist taking over in Afghanistan about 30 years ago, Afghanistan had an Army and everyone had an obligation to serve two years. At that time, if you graduated high school you only had to serve in the Army for one year and I graduated high school.

• In response to the allegation that he fought in the jihad against the Russians ^[sic] Akhtiar and the Board had the following dialogue:

• Akhtiar confirmed that the Rabbani government gave him a job in the border patrol.
  • When asked what his duties were Akhtiar said he commanded an infantry unit of 80-100 people in Gardez. They weren’t actually patrolling a border. They were eventually to patrol a protected forest, to prevent illicit logging. But that responsibility hadn’t been assigned during his time. Akhtiar described the real purpose of the unit to keep the men busy, and provide them with a salary.
  • Akhtiar agreed that in US terminology he would be described as a Company commander.
• In response to the allegation that he was again given a leadership position, with the rank of Colonel, commanding a company of 80-100 infantrymen, Akhtiar replied:

  “Yes. When the Taliban were defeated and the superior ^[sic] in al Qaida was defeated I came to work. When I got to my region in Gardez province to work with the Karzai government, al Qaida captured me. One of Mulawi ^[sic] Khaqani ^[sic] commanders ^[sic] Mulah ^[sic] Gilani ^[sic] arrested me in Said Karam ^[sic] district. Mulah ^[sic] Gilani ^[sic] had control in Said Karam ^[sic] district and was one of Mulawi ^[sic] Khaqani ^[sic] commanders and Jaladin Haqani ^[sic] was working with al Qaida. When they arrested me the tribal leader ^[sic] came and requested that they release me. They released me under one condition ^[sic] and that condition was that I not work with the Karzai government for nine months.”

  • When one of the Board members asked if he knew Jaladin Haqani ^[sic] before his capture, Akhtiar replied Jaladin was famous, and he knew of him, but didn’t know him.
• In response to the allegation that after Akhtiar left his post the Taliban took control of his company and arrested many of his men Akhtiar replied:

  “Yes, sir ^[sic] I did work there for 18 months. They paid me for ten months ^[sic] I worked for 18 months ^[sic] and they still owe me for eight months. The Taliban came to the area and Commander Jaladin Haqani ^[sic] was in the ^[sic] control of the area that the Taliban took over. They looted my home and everything I worked for my whole life they took away. I was forced to go back to Pakistan. In Pakistan they gave me a very hard time so I moved to Panjshir.

• In response to the allegation that, in 1997, he fought with the Northern Alliance, for three years, from a base in Panjshir, Akhtiar confirmed that he went to Panjshir. But he denied he fought. He said he “did not have the power to fight.”
• In response to the allegation that he rented a house in Gardez when he returned to Afghanistan Akhtiar explained that renting a house was necessary because his home was in a portion of Afghanistan that was still occupied by the Taliban.
• In response to the allegation that he was one of three individuals arrested on May 4, 2003, Akhtiar replied:
  • he was captured with one other individual, a Karzai government soldier named Nazar Gul Nazargul;
  • in his whole life Akhtiar testified, he never had any association with fundamentalist groups like the HIG.
  • the Gardez area was heavily occupied by US forces, so it was impossible for anyone to even think about training against the USA.
• In response to the allegation that he was recruiting soldiers for the Karzai government when he was captured, Akhtiar confirmed that he was recruiting soldiers, and, in addition, the engineers, doctors, and the other kinds of workers the Karzai government needed.
  • Akhtiar confirmed that he sent army recruits to an official Army depot.
  • Akhtiar confirmed he was performing this duty as a Karzai government official.
  • When Akhtiar was asked if any Hezbi-E-Islami members were ever recruited into the Army, he named one individual he knew of who joined the Karzai government. But that individual, Marmor Fazal, had joined the government by running for office, and being elected to the Loya Jirga, and he had done so after repudiating Gulbuddin Hekmatyar. Akhtiar indicated that Fazal was not the only Hezbi-E-Islami renegade who had defected to the Karzai government.
• Akhtiar confirmed that he was scheduled for a promotion to General, and his promotion would have come approximately one month after the date of his capture.
• Akhtiar responded further to the claim that Hezbi-E-Islami documents had been found in the housing compound where he was captured.

  “There were no such documents of Islami in my possession, in my home, or in my room. I repeatedly requested these documents that they have in their possession. Please provide me with some evidence. When they captured me all I had in ^[sic] possession were two magazines. One was Newbahar ^[sic] , the other was Kelid ^[sic] , a blank notebook which was IRC ^[sic] , a passport, a medical book and my ID card.”

• Akhtiar confirmed that he was willing and able to help the United States.
• Akhtiar expanded on the factor that he had stated he had never fought against or assisted anyone else fight against United States Forces:

  “Yes. The United States helped us twice in a very bad situation. One is that we defeated the Russians ^[sic] together, which they helped us with a lot. And the second one is that they helped free us from the al Qaida and the Taliban. It would be a big betrayal to damage that relationship and to forget about their help.”

[edit] Akhtiar's statement

Akhtiar's Assisting Military Officer prefaced Akhtiar's statement with advice to Akhtiar. His advice was that Akhtiar should forget about the inability of the Guantanamo camp authorities to produce documents they claimed to possess, like his alleged Hezbi-I-Islami ID card, and focus on matters that would convince the Board that he did not represent a threat to the USA.

Akhtiar told his Board about the two men who denounced him to the Americans. Akhtiar told his Board that one of his denouncers was a former member of the Afghan KGB, during the communist puppet regime, named Aazar Gul ^[sic] . His other denouncer was Mohammed Rafi ^[sic] , the brother-in-law of Mulawi Gilani ^[sic] , Jaladin Haqani's commander in the Gardez area. Akhtiar told his Board that Rafi and Gul had secured the confidence of the local American forces, in spite of their ties to the America's enemies.

[edit] Response to Board's questions

• When he was asked whether he had attempted to contact anyone in the Karzai government, to vouch for him, Akhtiar told his Board that the Guantanamo camp authorities were interfering with his ability to get his mail through.
• Akhtiar was asked whether any of his relative had been killed or injured during Afghanistan's decades of strife. He told the Board that the Taliban had beaten his brother so severely he wasn't expected to live, and that he was left paralyzed.
• When asked if he owned an AK-47 Akhtiar said he did not. When asked if he had ever owned one, if he had owned one during the struggle against the Soviets, Akhtiar said during the struggle against the Soviets he had armed himself with an American made 11 ^[sic] gauge shotgun.
• When Akhtiar was asked how his hand was injured, he replied that the captive's in camp four were allowed to play football with one another. He had been injured playing football.

[edit] Release

Akhtiar testified that he had opposed the Taliban, and worked in partnership with the Karzai-government, encouraging the United States to contact several of the newly-installed Afghan ministers to vouch for his story.^[8]

Acktier's lawyer, Dicky Grigg, announced on December 28, 2006, that he had heard from Acktier, and learned he had been recently released.^[9]

Grigg received an email from the US Department of Justice on November 15, 2006. Grigg was advised that Acktier would be repatriated to Afghan custody in approximately 30 days. After making some inquiries Grigg learned that every Afghan who had been repatriated had been released.

Grigg spoke to Acktier by telephone on December 13, 2006.

[edit] Notes

There was another detainee named Akhtar Mohammed, with the detainee ISN 845.

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
4. ^ 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.
5. ^ Summarized transcripts (.pdf), from Akhtiar Mohammad'sCombatant Status Review Tribunal - pages 43-52
6. ^ Summarized transcript (.pdf), from Akhtiar Mohammad's Administrative Review Board hearing - December 17, 2005 - pages 38-50
7. ^ According to the BBC (Who are the Northern Alliance?) the Islamic Union for the Liberation of Afghanistan is one of the parties that made up the Northern Alliance.
8. ^ http://news.yahoo.com/s/ap/20071003/ap_on_re_la_am_ca/guantanamo_the_way_out
9. ^ Austin lawyer's Afghani client released: Once called an enemy combatant, man freed from Guantánamo after 3 1/2 years, The Statesman, December 28, 2006