Fazaldad
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Fazaldad is a citizen of Pakistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 142. Intelligence analysts estimated that Fazaldad was born in 1982, in Atian, Pakistan.
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[edit] Identity
Captive 142 was identified inconsistently on various [[[United States Department of Defense|Department of Defense]] documents:
- Captive 142 was named FNU Fazaldad on the Summary of Evidence memo was prepared for his Combatant Status Review Tribunal, and on the official list of captives relased on May 15, 2006.[2][3]
- Captive 142 was named Fazaldad on three other official lists.[1][4][5]
[edit] Combatant Status Review Tribunal
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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 FNU Fazaldad's Combatant Status Review Tribunal.[3] The memo listed the following allegations against him:
- a. Detainee is associated with the Taliban.
- Detainee admits that he participated in the Jihad in Afghanistan.
- Detaiene admits attending the Mansehra Jihad military training camp where he received rifle and general military training.
- Detainee indicates he went to the training camp to prepare for Jihad and to defend his family.
- Detainee admits attending training at [sic] Tabligi Jamaat training camp [sic] in Raiwand, AF.[9]
- Detainee admits he was aware that fighting was occurring in Konduz when he began his travel to that area.
- b. Detainee engaged in hostilities against the US or its coalition partners.
- While returning to Pakistan, the detainee was captured by Northern Alliance forces after fleeing from helicopter gunfire.
[edit] Transcript
Fazaldad chose to participate in his Combatant Status Review Tribunal.[10]
Most captive's transcripts included the allegations against them, and included specific answers to specific questions. Fazaldad's transcript was only a page long, and did not include any specific allegations, any specific questions or any specific answer.[10]
In the summary of answers to the questions posed by his Personal Representative:
- Fazaldad denied being a member of the Taliban, and denied participating in jihad.
- Fazaldad acknowledged attending a training camp, and learing how to shoot a Kalashnikov. He said he wanted to some military training in order to defend his family in the local feuds back in Pakistan - not to participate in attacks against the USA.
- Fazaldad acknowledged religious training at another camp, one devoted to peace.
- Fazaldad denied owning a rifle.
- Fazaldad acknowledged fleeing an aerial attack.
- Fazaldad said he was captured by some "English people", and at no time did he fire a weapon.
In the summary of answers to the questions posed by his Recorder:
- Fazaldad repeated he did not go to Afghanistan with hostile intent.
- Fazaldad said he went to Afghanistan to preach.
[edit] Release
Fazaldad was one of the 38 captives the Bush Presidency determined had not been enemy combatants after all.[11] It is not known when he released.
[edit] References
- ^ a b list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ a b OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Fazaldad, FNU page 45. United States Department of Defense. Retrieved on 2007-12-04.
- ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (September 4, 2007). Index for testimony. United States Department of Defense. Retrieved on 2007-09-29.
- ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ^ 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.
- ^ Raiwand is the headquarters of the Tablighi Jamaat movement, which provides religious training.
- ^ a b Summarized transcripts (.pdf), from Fazaldad's Combatant Status Review Tribunal - pages 61
- ^ "Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo", United States Department of Defense, November 19, 2007. Retrieved on 2008-04-15.
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