Bismullah (Guantanamo detainee 968)

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To distinguish between the different individuals named Bismullah see the disambiguation page.

Haji Bismullah is a citizen of Afghanistan detained in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Bismullah's Guantanamo detainee ID number is 968. American intelligence analysts estimate Bismullah was born in 1979 and was from Musa Qala, 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 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 Bismullah's Combatant Status Review Tribunal, on 26 October 2004. ^[5] The memo listed the following allegations against him:

a. The detainee is a member of the Taliban:

1. The detainee and his wife have been identified as members of the Taliban.
2. The detainee acted on behalf of leaders of Fidayan Islam.
3. Fidayan Islam is a terrorist organization in Afghanistan targeting United States and Coalition forces.
4. The detainee was directed to identify' and kill local Afghanis who were assisting U.S. forces.
5. The detainee was detained by American forces in Gereshk Village, Baghram District, which is located in Helmand Province, Afghanistan.

b. The detainee directly supported hostilities in aid of enemy armed forces.

1. The Detainee provided information concerning movements of U.S. forces in Helmand Province of Afghanistan to insurgent operatives opposed to U.S. forces.

[edit] Transcript

Bismullah chose to participate in his Combatant Status Review Tribunal.^[6]

[edit] Witness request

Bismallah requested the testimony of his brother. The President of his Tribunal ruled that his brother’s testimony would be relevant. But the request from the Department of Defense to the Department of State to request the Afghanistan embassy to request the Afghan civil service to help locate Bismallah’s brother didn’t produce any replies. So his Tribunal’s President ruled his brother’s testimony “not reasonably available”.

[edit] Response to the allegations

• Bismullah's response to the allegation that he and his wife were member of the Taliban was that they were against the Taliban, and had run away from them, since they assumed power.
• Bismullah's response to the allegation that he acted on behalf of leaders of Fidayan Islam was that he had never heard of this group before his Tribunal was convened.
• Bismullah's response to the allegation that Fidayan Islam was a terrorist organization was that he didn't have any involvement with this group, so he couldn't say what they did. He worked for Hamid Karzai's government.
• Bismullah denied the allegation that he had been directed to kill Afghans who cooperated with the Americans. He asked the Tribunal who was alleged to have directed him to do this. He repeated that he was a loyal member of Hamid Karzai's government.
• Bismullah disputed the description that he was captured by American forces. They hadn't come after him. Rather, he had voluntarily gone to talk to them, only to find himself sent to Guantanamo.
• Bismullah disputed that he ever supplied any information to forces opposed to the Hamid Karzai government or opposed to the Americans.

[edit] Opening statement

Bismullah said that when the Taliban came to power he took his family to Pakistan, where they lived as refugees. He did not return to Afghanistan until their fall from power.

The new governor of Helmand Province offered him a job, as his manager of transportation. The Governor introduced him to an American contact, and told the American that Bismullah was the official he should consult over transportation issues. They exchanged telephone numbers

Bismullah said not long after his appointment he had a car accident, and came down with a fever. While he was ill he learned that Americans had apprehended a friend of his, and wanted Bismullah to come and speak with them. He went, even though he was ill, because he had some American contacts.

Bismullah told the Americans that they man they had apprehended was the Governor's brother. The Americans said they knew, and they should all get in their car, and sort things out.

When he arrived at the American base, he was surprised when they bound his hands. He pointed that he worked for Hamid Karzai's government, had American contacts, and had come, at their request, to sort out the release of the Governor's brother, the District Officer for Masa Kala.

The Americans released the Governor's brother, but they kept him, sent him to Bagram, and then to Guantanamo.

Bismullah repeated that none of the allegations he faced had anything to do with him

[edit] Response to Tribunal officer's questions

• Bismullah told a Tribunal member that he and his family moved back to Afghanistan shortly after the Taliban fell from power.
• Bismullah said he was detained about eleven months after his return.
• Bismullah told his Tribunal he had never had any military training. He had been a shopkeeper prior to the Taliban's time in power.
• Bismullah testified he had never owned any personal weapons. But, when he took the government job he was issued two AK-47s, a telephone, and a vehicle.
• Bismullah testified that he knew documentation that would confirm his story was in Guantanamo, because his interrogators had shown him the documents, and asked him about them, during his interrogations.
• Bismullah denied ever being a member of, or affiliated with, any political groups.
• Bismullah confirmed that he had no background in transportation prior to his appointment. His brother was close to the Sher Mohammed, the Governor. He confirmed that his appointment was mainly due to his brother's ties to the Governor. His brother was currently the Governor's driver.
• Bismullah was at a loss when asked to speculate over who might have falsely denounced him.
• Bismullah said he had known Sher Mohammed, the Governor most of his life, as long as he could remember.
• Bismullah said his duties, as the Provincial Minister of Transportation, mainly concerned overseeing the issuing of liscences and the collection of liscensing fees. The rifles were issued because his duties involved the transportation of large amounts of money.

[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".^[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 Bismullah's first annual Administrative Review Board, on 12 October 2005.^[8] The memo listed eighteen factors favoring continued detention. The memo listed three factors favoring release or transfer.

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee has been a Taliban member for six years.

b. Connections/Associations

1. The detainee was a Deputy Commander ^[sic] for Rozei Khan ^[sic] , a Taliban Commander ^[sic] , during his time of command in combat.^[9]
2. The detainee worked for Abdul Wahed ^[sic] on the terrorist team.
3. The 40-man unit is part of the Taliban and supported by al Qaida. The supreme commander of the unit is Haji Raes Abdul Wahed.
4. The detainee provided some tactical information for the 40-man unit and used a short-range radio and long-range satellite telephone to communicate.
5. In response to United States’ requests for information against Fidayan Islam, Fidayan Islam leaders directed the detainee to find and kill the local Afghans that are helping the Americans.
6. Fidayan Islam is the combined effort of Hezb-e-Islami and ^[sic] active Taliban.
7. The detainee traveled the streets of Gereshk at night asking questions about the Americans and those who spoke to them. The detainee was hoping that a show of force would scare people into providing information that would lead to those helping United States Forces.
8. The detainee was an associate of Dost Mohammed. Dost Mohammed had planned a rocket attack against the United States military base in Deh Rawhud, Afghanistan in mid-August 2002.

c. Other Relevant Data

1. As Chief of Transportation, the detainee was issued a permit allowing him to carry a driver’s license, use a mobile phone and ^[sic] weapon. The detainee was also given a vehicle and two weapons.
2. During August 2002, the detainee and two other former Taliban officials traveled to Pakistan with the objective of acquiring a sedan type vehicle for use in a car bomb attack against the United States military base in Deh Rawhud, Afghanistan.
3. Activity by United States Special Force teams in Gereshk, Afghanistan was monitored by Afghan military on duty at checkpoints throughout the city. United States Special Force activity, no matter how trivial, was immediately reported to the detainee. The detainee then called his insurgent counterparts via radio notifying them that the Americans were coming and warning them that they should hide.
4. The detainee passed reports of United States Special Forces activity to Sher Mohammed. Mohammed followed similar reporting pattern to that of the detainee, alerting his insurgent counterparts by satellite phone.
5. The detainee was captured on 12 February 2003 at the Forward Operating Base in Gereshk, Afghanistan near the Afghanistan Department of Transportation Office.
6. On the morning of the detainee’s capture guards woke him up and told him that someone came by to tell him that the Americans were holding some of the governor’s brother’s people outside for carrying weapons without permits.
7. The detainee approached the United States soldiers and told them that he knew these people as Dost Mohammed’s soldiers and they were authorized to carry weapons even though they didn’t have their permits with them.
8. The United States soldiers asked the detainee to come back to base to answer more questions about the alleged Dost Mohammed soldiers.
9. The American forces took the detainee’s satellite phone and moved him to the detention facility in Kandahar the next morning.

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

a.	The detainee did not participate in jihad against the Russians.
b.	The detainee has no knowledge of Taliban in his region.
c.	The detainee considers himself a friend of the United States and would not do anything to damage this relationship.

[edit] Transcript

Bismullah chose to participate in his Administrative Review Board hearing.^[10] Bismullah’s Board convened on November 3, 2005.

[edit] Documentary evidence

Bismallah requested permission to submit 23 documents to his Board on November 1, 2005.

[edit] Testimony

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Bismullah's second annual Administrative Review Board, on 11 October 2006.^[8] The memo listed six factors favoring continued detention. The memo listed six factors favoring release or transfer.

[edit] The following primary factors favor continued detention:

a. Commitment

1. A source stated that the 40-man unit is a part of the Taliban and receives money and weapons from al Qaida.
2. A source stated that the detainee had been a member of the Taliban for six years.
3. A source stated that the detainee provided some tactical information for the 40-man team and used a short-range radio and a long-range satellite telephone to communicate.
4. Leaders of a terrorist organization directed the detainee to find the local Afghan that were helping the Americans and kill them. The detainee was augmented with 25 armed personnel and three trucks from a known Taliban supporter. The detainee traveled the streets of a city in Afghanistan at night, asking questions about the Americans and those who spoke to them.

b. Connections/Associations

1. A source stated that the detainee worked for the Commander of the 40-man assassination group on the terrorist team.
2. A known Taliban supporter tried to get the detainee released because he had a lot of information on the former Taliban.

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

a.	The detainee claims he has never had any association with the Taliban.
b.	The detainee denied having any affiliation with the 40-man team and denied knowing the commander of the 40-man team. The detainee stated that the Commander of the 40-man team was his enemy and so was the Taliban.
c.	The detianee claimed that he had no knowledge of the Taliban in his region.
d.	The detainee claims he has never used his employment to provide any services to the Taliban.
e.	The detainee stated that he had no reason to watch Americans or tell anyone what Americans do because he considers the Americans his friends.
f.	The detainee claims he has never provided armed guards for any Taliban tasking.

[edit] Transcript

Bismullah chose to participate in his Administrative Review Board hearing.^[10] Bismullah’s Board convened on November 3, 2005.

[edit] Affidavit from Haji Mohammed Wali

Attached to his transcript was a covering letter and an affidavit from Haji Mohammed Wali.^[10]

[edit] Bismullah v. Gates

Bismullah had a writ of habeas corpus submitted on his behalf -- Bismullah v. Gates.^[11]

On July 20, 2007 a DC Court of Appeals ruled that Bismullah's lawyers, and by extension, all the captive's lawyers, were entitled to access all the classified evidence in their captive's dossiers.^[12][13]

[edit] References