Hukumra Khan
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Hukumra Khan 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 1157. JTF-GTMO analysts estimate that he was born in 1974, in Chenna Village, Afghanistan.
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[edit] Identity
The US Department of Defense was forced, by court order, to release the names of the captives taken in the "war on terror" who were held in Guantanamo. On April 20, 2006 they released a list of 558 names, nationalities and ID numbers, of all the captives whose status as "enemy combatants" had been reviewed by a Combatant Status Review Tribunal.[2] Twenty-five days later they released a list of 759 names, nationalities, ID numbers, dates of birth, and places of birth, of all captives who had been held in military custody in Guantanamo.[1]
- Captive 1157 was listed as Hukumra Khan on the official list released on April 20, 2006.[2]
- Captive 1157 was listed as Hukumra on the official list released on May 15, 2006.[1]
[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.
Khan chose to participate in his Combatant Status Review Tribunal.[6]
Hukumra Khan requested three witnesses.
[edit] witness requests
The Tribunal President decided since they would all testify to the same facts they would only allow one witness. Three requests were made to the State Department to contact the detainee’s father - without success. So the witness was ruled “not reasonably available”. Khan thought that his witness could testify that his family shared two rifles with his uncle; that the satellite phone was used to call family
[edit] allegation
Khan’s transcript records just a single allegation.
- a The detainee is associated with the Taliban
- The detainee was arrested with a satellite phone, 3 AK-47's, 2 passports, and various satellite phone accessories.
[edit] testimony
Khan said that he had spent much of the fifteen years prior to his capture working in foreign countries, including Saudi Arabia.
He acknowledged having two passports. But they were both in his own name. When he was working in foreign countries during the Taliban regime he had a passport issued by the Taliban government. And when Hamid Karzai formed a new government he had to get a new passport.
In Afghanistan each household is allowed one AK-47. The three AK-47s were found in the tent where he was living, his father’s house and his uncle’s house.
In the transcript he acknowledged owning a phone, which he referred to as both a mobile phone and a satellite phone. He said he paid between 100 Saudi Riyals and 3,000 Saudi Riyals - the price of a cell phone, not a satellite phone.
A corrupt policeman had seized his phone, and had demanded a bribe of 100,000 Khaldars for its return. He paid the corrupt policeman 17,000. But after three days the policeman got impatient, and denounced him to the Americans, saying he was a member of the Taliban, who owned a satellite phone.
When the Americans arrived they demanded he produce the satellite phone. When he said he didn’t have it, that the corrupt policeman had it they searched the homes of all his family members and sent him to Guantanamo.
[edit] Determined not to have been an Enemy Combatant
The Washington Post reports that Khan was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.[7] They report that Khan has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.
[edit] References
- ^ a b c list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ a b list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ 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.
- ^ Summarized transcripts (.pdf), from Hukumra Khan's Combatant Status Review Tribunal - mirror pages 15-22
- ^ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
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