Khan Zaman

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Khan Zaman is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His detainee ID number is 460. American intelligence analysts estimate that he was born in 1962, in Zamikhel, Afghanistan.

Khan, his son Gul Zaman, his brother Abib Sarajuddin,and his neighbor Mohammad Gul, were all captured on the night of January 21, 2002, early during the administration of Hamid Karzai.[2] Gul Zaman, and Mohammad Gul were released. Abib Sarajuddin and Khan Zaman were confirmed to have been correctly classified as "enemy combatants.

Contents

[edit] witness

Zaman testified on behalf of a neighbor, Mohammad Gul.

[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. 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 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]

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.

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

[edit] Allegations

a. The detainee is associated with forces that have engaged in hostilities against the United States and its coalition partners.
  1. The detainee's family and village members stated an important Taliban member used the detainee's brother's guesthouse.
  2. The detainee's brother is Haji Sarajudeen.
  3. The detainee's brother worked as a recruiter for Pacha Khan.
  4. Pacha Khan, a renegade Pashtun Commander, has been conducting military operations against the Afghan Transitional Administration (ATA) and coalition forces.
  5. The detainee was captured with communications equipment.
  6. The detainee's nephew (who was captured along with the detainee) admits seeing this type of equipment in the possession of Taliban members.
  7. The detainee's home was bombed by U.S. Forces on or about 16 November 2001, because a high-ranking Taliban was believed to be at the home.
  8. Coalition forces were fired upon during the capture of the detainee and three associates.

[edit] Response to the allegations

[edit] Response to Tribunal questions

[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.

Zaman chose to participate in his Administrative Review Board hearing.[7]

[edit] Factors for and against Khan Zaman's continued detention

The memos written to detainee's Administrative Review Board's alway broke down the factors into sections. Most detainee's transcripts preserve the factors classifications. Zaman's transcript does not preserve the classifications.

  • The detainee stated he knew of Pacha Khan Zadran and that Zadran was a good man and the detainee's tribal leader.
  • Pacha Khan Zadran, a field commander, initiated field operations against the coalition military forces in the Afghan provinces of Konar, Laghman, Nangarhar, Paktia, and Paktika.
  • The detainee reported that the United States bombed his home after receiving some incorrect information about him.
  • A modified very high frequency transceiver was seized at the time the detainee and three others were captured.
  • The radio was identified as the same type utilized by Taliban members.
  • Coalition forces were fired upon during the detainee's capture.
  • The detainee said the United States should imprison him for not doing anything wrong.
  • The detainee stated he never heard of Jamaat Tablighi and that he was not a member of that organization.
  • The detainee claimed no knowledge of any very high frequency hand held radio.
  • The detainee denied that his fingerprints would be found the radio that was seized at the time of his capture.
  • The detainee denied having any knowledge of the attacks in the United States prior to their execution on September 11, 2001 and also denied knowledge of any rumors of plans of future attacks on the United States or the United States interests.

[edit] testimony

Zaman's Assisting Military Officer told the Board that Zaman:

"... was informed that if someone wrote about him and his innocence, it would help his case. The detainee stated he has only one letter to rpesent to the ARB from his nephew, aht the letter mentions another letter that was sent to three-to-four times; however, they have still yet to be received. The detainee opined these letters were confiscated and not made available to him."

Zaman said that, at the time of his capture Pacha Khan was a friend of the Americans. But that he didn't know him personally, as he was a simple farmer, while Pacha Khan was a governor.

Zaman acknowledged that the United States bombed his home, and that he believed the bombing was based on false intelligence. He told his board he still believed this.

Zaman continued to deny that anyone in his village possessed a transceiver.

Zaman continued to deny that there was any firing or any other resistance during their capture. He said they didn't expect their household to be bombed, and that when the Americans arrived two months later, he thought they were finally showing up to make amends for their mistake.

Zaman acknowledged that he had no knowledge of Jamaat Tablighi.

Zaman professed confusion as to why his nephew, who was captured from his bed, at the same time he was, was deemed to have not been an enemy combatant after all, and was given a letter saying so, while he and his brother remained in Guantanamo.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Villagers Add to Reports of Raids Gone Astray, New York Times, February 2, 2002
  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. ^ Summarized transcripts (.pdf), from Khan Zaman's Combatant Status Review Tribunal - pages 20-35
  7. ^ Summarized transcript (.pdf), from Khan Zaman's Administrative Review Board hearing - page 207