Alif Mohammed

From Wikipedia, the free encyclopedia

Alif Mohammed
Born: 1946 (age 61–62)
Helmand Province, Afghanistan
Detained at: Guantanamo
ID number: 972
Conviction(s): no charge, held in extrajudicial detention
Status Cleared for release in 2005

Alif Mohammed 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 972. The official list of names released on May 15, 2006 estimates that Mohammed was born in 1946 in Helmand Province, Afghanistan.

Mohammed was one of approximately one dozen men captured following an ambush of an American convoy on February 10, 2003, near the village of Lejay, Afghanistan.[2] Mohammed is the village's smith. Alif Mohammed testified that practically everyone in his village was a member of the "Hollisi Tribe".


Contents

[edit] Press reports

On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[3] Mohammed was one of the detainees profiled. According to the article his transcript contained the following comment:

I swear to God that I don’t have a telephone. I never had a telephone. I can't even write my name. You can ask my people. I am illiterate. I’m just a tinsmith…. I have great respect for [Americans]. They’re always welcome. We are happy for them that they came to Afghanistan. There is less violence. I will never fight against them. I have never fought in the past. I always support them. If anyone proves that I have worked...with Al Qaeda or the Taliban, you can cut my throat right here. Otherwise, let me go. I have 10 kids at home that are waiting for me. God is watching upon you. I am very happy for this tribunal. This tribunal will bring out the facts. I have never fought and I will never fight you guys…. How can I fight? I am just a tinsmith…. When you release me, I hope you give me some money. Americans are rich. They have more money. I have 10 people.

[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 Alif Mohammed's Combatant Status Review Tribunal, on November 4, 2004.[6][7]

The official documents the Department of Defense has released contain multiple incompatible versions of the allegations against him.

The version of the Summary of Evidence memo published with the other 557 Summary of Evidence memos released in September 2007 had a different set of allegations establishing that he participated in military operations.[6] This version dropped any mention that he used a satellite phone. This version had six allegations, not five. It reads:

a. The detainee is associated with al Qaida and the Taliban.
  1. The detainee was a security and military commander for the Wahid (Abdul Wahid) compound near Lejay, Afghanistan.
  2. Abdul Wahid was the district chief of Baghran, Afghanistan during the Taliban [sic] reign.
b. The detainee participated in military operations against the USA and its coalition partners.
  1. On 22 February [sic] 2003, Detainee, an Afghani citizen, was involved in a firefight with United States Special Forces.
  2. Detainee admitted to firing his weapon in the firefight.
  3. Detainee knew that he was fighting soldiers during the firefight.
  4. During search of compound for weapons cache, detainee fired with intent to kill or harm U.S. Forces.
  5. Detainee received wounds consistent with grenade injuries.
  6. Detainee knew that the compound to be searched belonged to a member of the Taliban [sic] .

The allegations Mohammed faced, as read aloud during his CSR Tribunal, differed from those published in 2007. The two allegations in section "a." were identical. But those under section "b." were completely differen[8]:

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --
  1. The detainee was a security and military commander for the Wahid (Abdul Wahid) compound near Lejay, Afghanistan.
  2. Abdul Wahid was the district chief of Baghran, Afghanistan during the Taliban reign.
b. -- The general the allegations of hostile activity were missing from the transcript. --
  1. U.S. Forces were ambushed by inhabitants of the Wahid compound.
  2. During initial contact during ground operations the U.S. forces reported the detainee had a satellite phone in his possession.
  3. The detainee used his phone to orchestrate an ambush on the U.S. forces.
  4. The detainee was captured with an AK-47, bandoleer, and 3 full AK-47 magazines.
  5. When captured, the detainee had a freshly-fired AK-47 in his possessio, as well as 3 loaded magazines, a vest, and was wearing an OD green jacket.

The allegations, as recorded in the version of the Summary of Evidence memo sent to his lawyers in on August 10, 2006 were essentially identical to those read aloud, during his Tribunal, except they contained the missing headings that were not read aloud[7]:

a. The detainee is associated with al Qaida and the Taliban.
b. The detainee participated in military operations against the USA and its coalition partners.

[edit] Transcript

Mohammed chose to participate in his Combatant Status Review Tribunal.[8] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a sixteen page summarized transcript from his Combatant Status Review Tribunal.[9]

[edit] Alif Mohammed's testimony

Alif Mohammed denied being a member of the Taliban. He denied having any contact with Wahid. He acknowledged that he had fought against the Russians during the communist regime. During that time he fought under a commander named Sahar Juhn.

He said that Wahid had killed his nephew and his pregnant wife.

He said that Wahid was not a local. He said he had been a powerful commander during the Communist regime. He said Wahid forced the local people to build his “castle”. But, when the Taliban were in power he was unimportant. He was afraid of the Taliban and had to hide out from them.

He denied owning a phone. He pointed out that he was illiterate.

He denied owning a rifle, or having any weapons or military material with him when he was captured. When he was captured he had a small pair of scissors, tobacco, matches and some hashish. He said that the American soldiers had found an AK-47 in the desert, and asked him if it were his. But he had denied it.

The local tribal leader Mullah Abdul Lula had agreed that everyone should surrender their weapons, and he had surrendered his then. The Americans who collected the weapons had returned an old flintlock he had.

He acknowledged having a green jacket. He denied it was a military jacket. He said he bought it at the bazaar, that it was made locally, out of cashmere.

Like every other detainee from Lejay Alif Mohammed said that the villagers had welcomed the Americans overthrowing the Taliban, and bringing stability to Afghanistan, and making efforts to rebuild Afghanistan. He said that every other time the Americans had come to their village the villagers had hosted a feast for them because they appreciated their efforts.

He said that he personally liked Americans because they believed in God, unlike the Russians.

[edit] Mohammed's witness, Kushky Yar

Alif Mohammed called one of his neighbors, Kushky Yar, to testify on his behalf.

Yar testified that Alif Mohammed liked the American, did not own a gun, and that he was not a member of Al Qaeda or the Taliban.

[edit] Alif Mohammed's testimony at Abdul Bagi's CSRT

Abdul Bagi requested as witnesses at his CSRT three fellow Lejay villagers who were detained at Guantanamo.[10] One of them was Mohammed. Bagi asked his neighbors to testify that he was not a member of the Taliban; that he didn't own a weapon; that he was just a farmer, who was the sole support for his seven younger orphaned siblings.

After Bagi's questions Mohammed was asked how he came to be captured. Mohammed said he had been working late, in his fields, and got so tired he slept rough, without going home. He said he had woken up, and was washing himself, when an American soldier appeared, and told him to stick his hands up. However according to other accounts, the ambush occurred at around 10am.

During Bagi's ARB hearing it turned out that calling Mohammed as a witness was counted as a factor confirming that Bagi was involved in the ambush, because intelligence had already decided that Mohammed was one of the leaders of the ambush.[11]

After this allegation was read to Bagi he disputed the idea tha anyone would trust Mohammed with a position of trust, because he was a drug addict, who couldn't feed his own children, and had to rely on the charity of his neighbors.

[edit] Alif Mohammed v. George W. Bush

A writ of habeas corpus, Alif Mohammed v. George W. Bush, was filed on behalf of Alif Mohhammed.[12] Thirty pages of documents associated with his habeas corpus were released by the DoD, together with several thousand pages of documents, on September 4, 2007.

Alif Mohammed's enemy combatant status was confirmed by Tribunal panel 12 on 21 November 2004.[13]

[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.

Mohammed chose to participate in his Administrative Review Board hearing.[14]

[edit] Factors for and against Mohammed's continued detention

A Summary of Evidence memo was prepared for every captive for whom an Administrative Review Board hearing was convened, summarizing the "factors" for and against their continued detention. Those factors were always broken down under two headings: "The following primary factors favor continued detention"; and "The following primary factors favor release or transfer". The factors favoring continued detention were further subdivided under sub-headings like: "Training"; "Intent"; "Commitment"; "Associations". And the factors under those sub-headings were sequentionally numbered.

Te Summary of Evidence memo was always read out, in its entirety, at the beginning of the hearing. Most captives were offered an opportunity to hear the factors read out, one at a time, so they would have an opportunity to respond to each in turn.

Some captive's transcript recorded the factors, and the captive's responses, but did not record the headings, sub-headings or sequential numbering.

  • The detainee was inducted in the Militia about 22 years ago. He used an RPG, Kalashnikov, and machine gun, to fight as a Mujahadin for over two months before he escaped.
  • After escaping from the Militia, the detainee met and worked with Mullah Nasim as a mujahadin for about two and a half months. The detainee and the other individuals in his group went from house to house collecting Kalashnikovs and ammunition.
  • Mullah Nasim was the former director of Transportation for the Bamian Province, Afghanistan during the Taliban Regime.
  • Mullah Nasim was employed by the commander (Ramatullah) of the Afghan National Army 865th Brigade. He was also a member of the Taliban and Gulbuddin Hekmatyar’s Hizb-I Islami (HIG).
  • Hizb-I Islami Gulbuddin (HIG) was found by Gulbuddin Hekmatyar as a faction of the Hizb-I Islamic party in 1977, and it was one of the major Mujahideen groups in the war against the Soviets. In the early 1990s, Hikmatyar ran several terrorist training camps in Afghanistan and sent mercenary fighters to other Islamic conflicts. HIG has long established ties with Bin Laden. Hikmatyar offer to shelter Bin Laden after he fled Sudan in 1996.
  • The detainee left Mullah Nasim’s group and returned to Baghran to fight as a Mujahideen for eight years. He had an RPG and four individuals under him.
  • The detainee then spent two years working with Mullah Karim Akhound as a Mujahideen.
  • The detainee was trained by the Militia, for about two and one half months, during which time, he was taught to use a Kalashnikov.
  • The detainee confirmed that he fought against the Russians in jihad for ten years.
  • The detainee was assessed to have been the Military/Security Commander or Chief for the Wahid Compound. The detainee indicated extensive knowledge of the compound and local Taliban leadership.
  • Abdul Wahid was identified as the district chief of Baghran during the Taliban reign.
  • Abdul Rais Wahid is a Mullah who dominates the Baghran Valley region. He is closely linked to the governor of Helmand Province, Shir Mohammed. Abdul Wahid supports, and is supported by the Taliban HIG and foreign Al-Qaeda.
  • Abdul Wahid planned to hold a meeting for Taliban leaders at his compound. The meeting was planned to held under cover of darkness. Attendees were to arrive in inconspicuous vehicles and there were to be at least 100 security personnel operating around the meeting location.
  • Shir Mohammed is a member of the insurgent leadership infrastructure. The intent of the insurgents is to conduct assaults on U.S. and coalition forces.
  • On the morning of 10 February 2003, U.S. elements approached the Wahid stronghold of Lejay Village and were ambushed from the high ground on both sides of the road. The U.S. Forces also received fire from positions in and around Lejay.
  • The detainee was captured on 10 February 2003, on the Wahid Compound in Lejay, AF.
  • The detainee was found hiding in a culvert on the Wahid Compound. The detainee had a freshly fired AK in his possession, three loaded magazines and a vest. He was wearing an OD green jacket like those worn by individuals captured on the north side of Lejay that morning.
  • The detainee had 3,000 rupees in his possession when he was captured.
  • It is believed that the detainee received a telephone call alert and orchestrated the ambush on U.S. Forces.
  • The enemy insurgent’s families had departed the villages around Lejay and moved to the south, prior to the U.S. arrival. Nearly all male fighters remained to delay/disrupt the U.S. Forces advance toward Baghran.
  • Lejay is part of a region which has provided a continuous safe-haven to hostile Taliban Forces which provide Command and Control (C2) nodes, supplies, guerillas, training and staging areas. It is also a financial source through it opium and heroin production.
  • It is believed that the detainee received a telephone call alert and orchestrated the ambush on U.S. Forces.
  • Insurgents in and around Lejay are intent on the preemptive destruction of U.S. Forces in order to resist the reduction of the Taliban-based power structure.
  • According to the detainee, he was captured after bathing in the river/spring near his house. He said he only had some hashish, matches, and a bar of soap with him at the time.
  • The detainee was not captured with a cell phone.
  • The detainee does not know how to use a phone and said that phones did not work in the area due to the terrain.
  • The detainee claims not to know any Al Qaeda or Taliban senior leaders and has not knowledge of terrorist activities in the area since the Russians left.

[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.[15][16] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 19 November 2005.

[edit] See also

[edit] References

  1. ^ 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. ^ Summarized transcript (.pdf), from Abdul Bagi's Administrative Review Board hearing - page 42
  3. ^ "Why Am I in Cuba?", Mother Jones (magazine), July 12, 2006
  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. ^ a b OARDEC (November 4, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Mohammed, Alif (published 2007) page 1. United States Department of Defense. Retrieved on 2007-10-05.
  7. ^ a b OARDEC (November 4, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Mohammed, Alif (published August 10 2006) pages 62. United States Department of Justice. Retrieved on 2007-10-05.
  8. ^ a b OARDEC (November 21, 2004). Summarized Statement pages 55-70. United States Department of Defense. Retrieved on 2008-04-30.
  9. ^ "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  10. ^ Summarized transcripts (.pdf), from Abdul Bagi's Combatant Status Review Tribunal - pages 1-12
  11. ^ Summarized transcript (.pdf), from Abdul Bagi's Administrative Review Board hearing - page 42
  12. ^ Alif Mohammed v. George W. Bush -- Civil Action No. 05-0885 (GK) page 34-63. United States Department of Justice (August 6, 2006).
  13. ^ Combatant Status Review Tribunal Decision Report Cover Sheet page 40. United States Department of Justice (November 21, 2004).
  14. ^ Summarized transcript (.pdf), from Alif Mohammed's Administrative Review Board hearing - pages 113-122
  15. ^ OARDEC (19 November 2005). Administrative Review Board assessment and recommendation ICO ISN 972 page 59. United States Department of Defense. Retrieved on 2008-05-01.
  16. ^ OARDEC (6 September 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 972 page 60-64. United States Department of Defense. Retrieved on 2008-05-01.