Faizullah

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Faiz Ullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo detainee ID number is 919. American intelligence analysts estimate that Faiz Ullah was born in 1956, in Bamian, Afghanistan.

Faizullah is a member of Afghanistan's Hazara ethnic group ^[2] Bamiyan is the location of the Buddhas of Bamiyan, demolished by the Taliban in mid 2001.

[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.^[3][4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[5]

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] Allegations

A memorandum summarizing the evidence against Faiz Ullah prepared for his Combatan Status Reiew Tribunal, was among those released in March of 2005.^[6] The allegations Faiz Ullah faced during his Tribunal were:

a. The detainee is associated with the Taliban:

1. U.S. forces raided a compound associated with the HIG commander in November 2002.
2. The [[Hizb-I Islami Gulbuddin (HIG) has been identified as an organization which sponsor terrorism.
3. The detainee is associated with a commander in the Hizb-I Islami, Gulbuddin (HIG).
4. The detainee was found carrying messages for a HIG commander and Taliban intelligence agent at the time of his capture.

b. The detainee participated in military operations against the United States or its coalition partners:

1. The detainee laid mines for the Taliban and has laid mine in Madr, Afghanistan ffor the HIG and Taliban force in the Khamard Valley.
2. The detainee was suspected of traveling to Bamian, Afghanistan with the intent to conduct or coordinate mining operations against United States Special Forces.

[edit] Transcript

Faiz Ullah chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] Confusion

When his Tribunal's President finished explaining the Tribunal process, and asked Faizullah if he understood, he responded he didn't understand.

[edit] Opening statement

[edit] Response to the allegations

• Faizullah responded to the first allegation, that US forces raided a HIG commanders compound in November 2002, by asking his translator for help, because he didn't understand. His Personal Representative then took over, and read from the notes from the their initial meeting(s):
  • Faizullah's Personal Representative said Faizullah said he was not a member of the Taliban, that they had killed several hundred Shi'a in his area.
  • Faizullah's Personal Representative said Faizullah said he had heard of Hizb-I Islami Gulbuddin, and that he thought that they killed his mother.
  • Faizullah added "they took our land". He also added that his wife had written him that they had come to their home and had drawn a weapon on her.
• Faizullah's response to the second allegation was:

  Mr. Translator, I do not understand this Hizb-I Islami Gulbuddin (sic) which is partly (sic) of Islamic (inaudible). If the Americans didn't come to Afghanistan they [Taliban] would have killed all of us. You people [Americans] you are the ones who helped us to be alive. Even in here they beat me, spit at me, and throw urine at me. You can ask that these Arabs and the rest, they won't even speak to me. You can ask.

• Faizullah disputed that he was associated with the HIG. He repeated that HIG members in Guantanamo spit on him and beat him up.
• In response to the allegation that he was found carrying messages:
  • Faizullah by acknowledging carrying a letter, but he tried to explain that he was falsely denounced by former members of the Taliban when he tried to cooperative with officials from the new government who were trying to bring them to justice.
  • In addition, one of the former commanders, Shir Alrah, was still angry with him because even though he had imprisoned him for eleven days he had declined to allow him to marry his sister.
  • Faizullah told his Tribunal that he didn't understand how he came to be in American custody until the allegations from the Summary of Evidence memo were read to him.
• In response to the allegation that he planted land mines for the Taliban Faizullah responsed:

  God knows that I don't know how to do all of this. My hands are scarred by sickles, you can see my hands. My hands are a farmer's hands, marked by sickles. I don't know how to do all of that. I wasn't a big person. I didn't have all that power. You think about it yourself. When they beat us and they took our land. If the Americans hadn't come, they would have killed us all. At home we don't have fuel. In this country, look at the food we are given. If we could find fuel, then we couldn't find salt; we find salt, we can't find oil or we couldn't find matches. You can ask about my life, what can I say? You can think about it yourself. Even in here the Taliban doesn't like me. Even in here they throw water on me they throw urine on me and they beat me. If the Americans hadn't come, they would have killed us. They took our land. You cannot find one Hazara who is a supporter of Taliban or Gulbuddin. I said that we have to respect these people [Americans], they have served us. It's up to you.

• Faizullah disputed the allegation that he had traveled to Bamiyan to attack Americans. He pointed out that he had been living next to the American base for a year and a half, and had enjoyed very good relations with them. He said was very grateful to an American aid organization named Solidarity, that gave him 140 units of wheat.

[edit] Response to Tribunal questions

• Faizullah said he had lived in two villages in the Province of Bamiyan, Mader, in the district of Kamald, and the village of Sarasiab, in Bombia.
• His family had owned 15 drad of land in Mader, this was the land whose deed was stolen by the Taliban commanders who denounced him.
• He was apprehended in Sarasiab.
• He was given a letter, by the new government's local commander of security to tell the former Taliban leaders they had to register their weapons.
• It was following the arrival of the Americans who confiscated their weapons that the former Taliban denounced him as a Taliban bomb-maker.
• Faizullah denied any experience with bomb-making or the use of any other kind of weapon.
• Faizullah stated that neighbouring people, in the Khamard region, grew opium, and used up more than their share of the water. This led to tensions that may also have played a role in his false denunciation.
• When asked if he had been religious before he was apprehended Faizullah replied:

  I'm from Khamard and mosque is one hour away from me. The Sunni, they tried to teach us how to pray and everything and tried to teach me something but I didn't learn it. Once a year there is a special place that we pray. Once a year we go to that special place and pray. The Taliban had killed the Mullah. His name was Salabar (ph). We don't have anything.

[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.

Faiz Ullah chose to participate in his Administrative Review Board hearing.^[7]

[edit] Enemy Combatant election form

Faiz Ullah's transcript does not provide a record of his Assisting Military Officer's report from the Enemy Combatant election form. This would have stated when they met for the pre-hearing interviews, whether Faiz Ullah seemed to understand the process, and whether he was cooperative.

[edit] Factors for and against 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. Faizullah's transcript lacked the sequence numbering.

a. Commitment

• The detainee planted land mines for the Taliban during their reign and was the mine specialist for Mullah Naseem, the Hezb-e Islami Gulbuddin ^[sic] (HIG) commander in Madr, Afghanistan.
• The Hezb-e Islami Gulbuddin ^[sic] (HIG) was founded by Hikmatyar ^[sic] in 1977, as a faction of the Hezb-e Islami party, and it was one of the major mujahedin groups in the war against ^[sic] Soviets. HIG has long-established ties with Usama bin Laden.
• HIG commanders Mullah Naseem and Mullah Zoi sent the detainee to Bamian, Afghanistan, to kill Afghan Military Forces General Toufon, who worked closely with United States Forces in Bamian.
• The detainee was responsible for laying land mines found near the fighting positions in Madr, Afghanistan. He has also been known to make improvised explosive devices and is considered an expert.
• Mullah Zoi was the HIG commander in Kahmard ^[sic] , Afghanistan, and a former Taliban commander who provided safe haven to Arabs in the area of Kahmard.
• The detainee traveled to Bamian, Afghanistan, to possibly conduct mining operations against United States Forces.
• The detainee traveled to Bamian with a hand-written message from Mullah Naseem and Mullah Zoi to Audil requesting him to contact Naseem. Audil, the Security Chief for ^[sic] Bamian Province Governor, was attempting to coordinate safe haven for weapons caches that belonged to Naseem in Madr and Kahmard.

b. Training

• The detainee served in the military from 1984-86, as the servant to the Commander, Bamian City Military, Bamian City Airport, Bamian City, Afghanistan.

c. Other Relevant Data

• The detainee was identified as the Minister for Transportation ^[sic] for Bamian during the Taliban reign. He was described as an operative who wuold execute Mullah Naseem's orders that consisted of making the streets unsafe in Bamian.
• The detainee was captured on December 25, 2002 by United States forces in Bamian.

[edit] The following factors favor release or transfer

The detainee stated he is very happy that United States force liberated Afghanistan from Taliban control.

[edit] Response to the factors

• Faiz Ullah denied knowing anything about mines and denied ever traveling to Madr.
• Faiz Ullah stated he knew nothing about the Hezb-e Islami Gulbuddin, Gulbuddin Hikmatyar, or its ties to Osama bin Laden.
• Faiz Ullah denied the allegation that he had been sent to Bamian to kill General Toufon. He asserted that he had not been sent to Bamian -- Bamian was his home, where he was born, got married, and lived his entire life. He questioned why he would want to kill Toufon.
• Faiz Ullah denied knowing anything about laying mines, or the mines laid in Madr.
• Faiz Ullah denied knowing Mullah Zoi, or whether he provided safe haven for Arabs.
• Faiz Ullah responded to the second allegation that he traveled to Bamian to conduct mining operations against US forces, by repeating that he was from Bamian, so he wasn't sent to Bamian. He repeated that he didn't know anything about mines. He went on to state that he was a Shiite, and he welcomed the increased safety for Shiites that the Americans had brought when they ousted the Taliban.
• In response to the allegation that he had served as a courier for Mullah Naseem, Faiz Ullah told his Tribunal that Mullah Naseem had committed atrocities against his family. He told his Tribunal that he knew Audil, an official for the Hamid Karzai government

"Mullah Naseem did a lot of atrocities to me and my family. I knew Audil so I told him about this and he suggested that I take a letter to Naseem to come to Bamian. Then when he came to Bamian we would ask him about all the atrocities and punish him for that. That was the reason for the letter. Ten days after I received the letter the Americans came to Bamian. I went there to find Naseem to bring him back to Bamian so he would face his atrocities or to bring him to trial or something. I went there and there are about ten families living in Bamina (sic) that are Shiite Muslims. He did a lot of cruelties and atrocities to all the Shiite families. I got the letter and because Naseem killed my mother, when I went to get him in Madr...in that letter I was explaining to Naseem that he should provide his pictures and the serial numbers of the weapons that he had. When I sent there the Americans came and I was actually very happy and I invited them to come have some tea. Naseem got paranoid when he saw the Americans in Bamian and during the time of Khalili he had arrested me and Sho-ro-ha (ph) (sic) was one of the people who interrogated me and he also punished me while I was detained. When I showed him the letter he went to talk to the Americans and he made some allegations against me...that I was a mine [expert]. The security agency knows about this and the governor of Bamian knows about this...they all know about this."

• Faiz Ullah responded to the allegation that he had served in the military from 1984-86 by acknowledging that he had served, "during Najeet's time", but he didn't remember the years.^[8]
• Faiz Ullah denied any knowledge of a Taliban Minister in Bamian.

[edit] Response to Board questions

• Faiz Ullah confirmed that the letter was written by Audil, not by Mullah Naseem or Mullah Zoi. He clarified that Audil had offered him leniency if he turned himself in.
• Faiz Ullah confirmed that Mullah Naseem gave him a letter of reply to Audil's letter.
• Faiz Ullah stated that when he delivered Audil's letter to Naseem was the first time they actually met.
• Faiz Ullah said the letter from Naseem was addressed to the village elders and the Governor. His paraphrase of the letter was: "I'm coming but please do no punish me."
• Faiz Ullah stated he knew nothing about Governor Audil's armories.
• Faiz Ullah stated he had never received any weapons, ordnance or other specialized military training.
• Faiz Ullah stated that he did not know anyone who knows how to manufacture improvised explosive devices.
• When asked whether he had any association with the Taliban, had ever held a position within the Taliban, Faiz Ullah responded:

  "No, they killed my father in law...they killed my uncle...they killed my mother too...Gulbuddin's people."^[9]

• When asked whether he had been given a reason why he was captured in December 2002 Faiz Ullah replied:

  "I told them to ask the security agency [because] they know about the purpose of my trip and no...they didn't do any investigations. I told them they could ask Audil since he worked in that agency...nobody asked."

• Faiz Ullah confirmed he had a family in Afghanistan, his wife, six boys and one girl.
• Faiz Ullah stated that, if released, he would return to farming. Faiz Ullah added that he didn't feel safe from the Arabs in Guantanamo, who spit on him, and throw urine on him, and had called him names.
• When asked if his family knew he was in Guantanamo Faiz Ullah stated:

  "I don't know but they send letters to me and they inform me about their well-being."

• When Faiz Ullah was asked whether he had tried to get letters from Afghan officials to verify his account he replied that the Red Cross was trying to help him, but that no replies had come through yet.
• Faiz Ullah said that he had also filed a habeas corpus petition.
• Faiz Ullah had the following exchange about the letters he carried:
• Faiz Ullah was unable to answer the question: "How many people live in Bamian?"
• Faiz Ullah confirmed Bamian was large enough to have a mayor.
• Faiz Ullah explained that he did not know how to read and write.

Board Member:	You have no weapons experience, you say or have you ever owned a weapon?
Faiz Ullah:	No, I have not received any training and I have never owned any weapons. During the time of Khalili, he asked me to come and serve. I went but I did not receive any training or anything of that nature.
Board Member:	So, this message you were asked to take to Mullah Naseem...(isn't he) that man that killed your mother?
Faiz Ullah:	Yes, maybe not himself personally but people who worked under him...who were with this group. They also have the deeds for our property...Naseem has it.
Board Member:	So it's safe for me to say that you don't like this man?
Faiz Ullah:	Of course not. If somebody killed my mother I would consider him an enemy and hou could I like him?
Board Member:	Why do you think they sent you to this man knowing that he has don all these things to you...without a weapon?
Faiz Ullah:	Af the grand assembly when I met Mr. Audil and I told him about my problems...he suggested that I go bring him so he could face justice.
Board Member:	So you were told to go and bring this man back to face justice?
Faiz Ullah:	Yes, this is what I was told from the security agency in Bamian...to go talk to him and maybe he could send us his pictures or the serial numbers for the weapons that are in his possession and if he could come to Bamian...then maybe we could talk to him...cooperate with him...this was the purpose.
Board Member:	So, they thought that you had the expertise to go and talk to this man and bring him back without any weapons to protect yourself from a man whose killed people in your family?
Faiz Ullah:	It was during the time of Ramadan, the fifth day of Ramadan when I went there and since it was kind of peaceful, I didn't realize that I would be in danger because it was about a year and a half after the downfall of the Taliban. I went there without any fear.
Board Member:	Is this a dangerous place you lived [in]?
Faiz Ullah:	No, it's not. It's a safe place. We live in the city of Bamian, which is very close to the airport, and it is a secure area.
Faiz Ullah:
Board Member:	But your family had been killed?
Faiz Ullah:	No, my mother was killed in Madr, which is a different place. My father bought a piece of property there and my mother was killed there not in the city of Bamian. Where I live it is safe and secure because there are lots of agencies there [as well as] the airport. There are always security forces available.
Board Member:	So, you never needed any weapons to protect yourself and your family or anything like that when you were living in Afghanistan?
Faiz Ullah:	No, what is a poor person going to do with a weapon? If I had weapon [sic] then I would have probably been in more trouble than I am right now. My brothers lived in the same area. They are all farmers. None of them have any weapons. If you want you can ask.

[edit] Closing statement

In his closing statement Faiz Ullah described a mass exodus of Shiites from his area, when the Taliban took power. When those who had fled sent some of their women back to find out what had happened to the Shiites who had remained behind they reported that those who stayed behind had been massacred and their homes had been burned.

He said that he and his fellow Shiites had lived out the entire Taliban regime in refugee camps and had only returned to their homes when the Americans ousted the Taliban.

He described the American stationed nearby as being friendly and generous, providing food aid, giving their children rides in their vehicles, and helping to fetch fire-wood.

[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.^[10][11] The Board's recommendation was unanimous The Board's recommendation was redacted. The Board asserted he continues to be a threat. England authorized his transfer on January 25, 2006.

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ ^{a b} Summarized transcripts (.pdf), from Faiz Ullah's Combatant Status Review Tribunal - pages 28-37
3. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
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. ^ Summary of Evidence memo (.pdf) prepared for Faiz Ullah's Combatant Status Review Tribunal - October 15, 2004 - page 89
7. ^ Summarized transcript (.pdf), from Faiz Ullah's Administrative Review Board hearing - page 174
8. ^ During the 1980s the various Afghan tribes and militias were fighting to oust Afghanistan's Soviet occupiers.
9. ^ The Taliban and Gulbuddin's militia were enemies during the Taliban's administration. They only forged an alliance after the American arrival in Afghanistan.
10. ^ OARDEC (January 25, 2006). Administrative Review Board assessment and recommendation ICO ISN 919 page 11. United States Department of Defense. Retrieved on 2008-01-05.
11. ^ OARDEC (26 August 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 919 pages 12-18. United States Department of Defense. Retrieved on 2008-01-05.