Mohamed Rahim
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Mohamed Rahim is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Rahim's Guantanamo detainee ID number is 1104. The Department of Defense reports he was born in Ghazni. Guantanamo counter-terrorism analysts provided a date of birth, or an estimated year of birth for almost all the captives. Mohamed Rahim is one of the few for whom there is no indication of his age.
[edit] Mohamed Rahim v. George W. Bush
The unclassified dossier from Mohamed Rahim's Combatant Status Review Tribunal was released when his lawyers tried to submit a writ of habeas corpus on his behalf.[2] The dossier was 17 pages long.
[edit] Legal Sufficiency Review
Mohamed Rahim's Legal Sufficiency Review memo was part of the unclassified dossier.[3] His Legal Sufficiency Review was drafted by Commander Karen N. Gibbs, an Assistant Legal Advisor to the Tribunals. Her memo recorded that Mohamed Rahim was going to attend his Tribunal, but changed his mind one hour before the Tribunal convened. Her memo dismissed marginal notations the intelligence analysts had left on the classified documents they sent to the Tribunal.
Most of her memo addressed the propriety of deeming three of the witness Mohamed Rahim requested as "not relevant", and dismissing the testimony of his boss, Mohammed Ibrahim, as not reasonably available. About Ibrahim she wrote:
"The Tribunal deemed relevant the proffered testimony of Mohammed Ibrahim, whom the detainee stated worked at the same company that bought and transported goods, which would support the detainee's case. The CSRT determined that the witness was relevant, and forwarded a request to produce the witness to Afghanistan through the U.S. Department of State. However, the Afghani government failed to respond to the initial request of 9 Nov 04, and to the follow-up requests of 22 and 30 November 04, to produce the requested witness."
[edit] Combatant Status Review Tribunal Decision Report Cover Sheet
Mohamed Rahim's Combatant Status Review Tribunal Decision Report Cover Sheet records that his Tribunal was Tribunal panel 19, and that it convened on December 2, 2004.[4]
[edit] Unclassified Summary of basis for Tribunal decision
The Unclassified Summary of basis for Tribunal decision stated he changed his mind "just prior" and "moments prior" to the Tribunal convening, because he was ill.[5] The Tribunal's President ruled that Mohamed Rahim had "knowingly declined" to attend his Tribunal. During a recess Mohamed Rahim's Personal Representative contacted the camp's Senior Medical Officer, who stated he had a medical examination on November 10, 2004, and he had no chronic medical conditions which would have precluded him attending his Tribunal.
The four witnesses he requested were:
Witness | President's Decision | Testified? |
Pir Mohammed | not relevant | no |
Dawlat Khan | not relevant | no |
Mohammad Wali[6] | not relevant | no |
Mohammed Ibrahim | not reasonably available | no |
The Tribunal based its decision on classified documents.
[edit] Combatant Status Review Tribunal
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.
Rahim's Personal Representative told his Tribunal that, after explaining the Tribunal process to him, Rahim told him that he did not understand the Tribunal process.[10] But he agreed to answer some questions.
The recorder requested the Tribunal enter a closed session, to present some classified evidence. Following the closed session the Tribunal's President "was convinced Detainee was aware of his rights and had an understanding of the Tribunal Process."
The Tribunal proceeded without the presence of Rahim.
[edit] Summary of Evidence memo
The Summary of Evidence memo prepared for Mohammed Rahim's Combatant Status Review Tribunal listed the following allegations against him[11]:
- The Detainee was a member of the Taliban:
- The detainee was the chief of logistics for a company providing support directly to the Taliban government.
- The detainee worked for the Taliban Intelligence Office.
- The detainee controlled a large weapons cache including 122MM rockets, 11MM Artillery rounds and 140MM rockets.
[edit] Testimony
During his interviews with his Personal Representative[10]:
- Rahim denied the first allegation. He said, “I did work for a company that transported goods like groceries, toothbrushes and daily use items. I would buy them at a bizarre (sic) at a low price and take them back to a store.” His work was part time. He balanced occasional work for the store with working on his farm.
- He said he had been conscripted by the Taliban, several years prior to attacks of September 11, 2001. But he didn’t end up going with the other draftees with whom he had traveled to Kabul, because he had fallen ill, and was left behind, and put to work for the supply company.
- He denied working for the Taliban Intelligence Office. He said when he was conscripted he was afraid to fight. He said if he hadn’t agreed to work for the supply company he would have had to fight.
- He was confused by the accusation that he controlled a large weapons cache. He was captured in his home and knew nothing of any weapons cache.
[edit] Witness requests
Mohammed Yacoub's Tribunal's President ruled that the first three witnesses he requested were not relevant, because they were only his neighbors, from his village, and so, presumably, they were only character witnesses. However other Tribunals had ruled that the testimony of friends, relatives and neighbors was relevant.
Mohammed Yacoub then requested the testimony of Mohammed Ibrahim, whose testimony was ruled relevant. But attempts to request the State Department to request the assistance of a Washington embassy "his country's" civil service for permission to contact Ibrahim did not receive a response. So his testimony was ruled "not reasonably available". He was told: "Should that testimony become available at a later date, as a tribunal we will decide if we should reopen his case or not." — This promise was not made to every captive whose witnesses were deemed "not reasonably available". However, no Tribunals are known to have recovened because witnesses became available.
[edit] Tribunal President's identity
The identity of the officers who served on the Tribunals was supposed to be kept secret. But the redaction of secret material in Mohamed Rahim's transcript left the name of his Tribunal's President, Colonel Sharon D. Allen, of the United States Army in the clear.
[edit] Administrative Review Board hearings
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.
Rahim chose to participate in his Administrative Review Board hearing.[13]
[edit] First annual Administrative Review Board hearing
A Summary of Evidence memo was prepared for his first annual Administrative Review Board, on 8 August 2005.[14] It listed the following factors for and against his continued detention:
[edit] The following primary factors favor continued detention:
- a. Commitment
- The detainee claims he has four years of military service and was a Mujahedin foot soldier operating out of his home village.
- The detainee was Chief of Logistics for a Cooperative Logistics Company located in Kabul, Afghanistan. The Taliban government owned the company and it was closely affiliated with Taliban intelligence. The company provided logistical support directly to the Taliban government.
- The detainee was responsible for purchasing items as directed by Mohammad Ibrahim.
- Mohammad Ibrahim worked for Taliban Central Intelligence.[15]
- After the detainee purchased the items he would resell them to company employees at a higher rate. The profits would then be deposited into Taliban controlled accounts.
- The detainee was captured at his home with an AK-47 and Taliban related documents. These documents have been reported as financial records indicating large money transactions with a group called the "Afghan Islamic Movement".
- The detainee was controlling a large cache, located in a nearby school, which contained 68 x 122 mm rockets; 1218 x 76 mm AT and HE rounds; 54 x 122 mm artillery rounds; 82 x 76 MNTN gun rounds; 44 x 100 mm tank rounds; 8 x SPG-9 rounds; 17 x 60 mm mortar rounds; and 35 x 140 mm rockets.
- The detainee kept the records for documentation of where money and supplies went in case of inquiry by the new government. He said he worked there for about 30 months until the day the Taliban fell from power.
- b. Connections/Associations
- Mullah Abrahim [sic] was appointed by an al Qaida [sic] Intelligence member, Mullah Wasiq, as the Deputy Minister of Intelligence.
- Mullah Wasiq reported to Mullah Qari Ahmedullah [sic] , who ultimately reported to Mullah Omar.
- Ammadullah [sic] was the Chief of Intelligence and he reported to the Deputy Chief of Security Services [sic] Mullah Omar [sic] in Kabul, Afghanistan.
- The detainee is identifiable as a former companion of Bin Ladin during the jihad against the Russians. He was among a group protecting Bin Ladin at his last meeting at Tora Bora.
- The detainee was entrusted by Bin Ladin to exfiltrate his guard forces from Afghanistan back to their countries of origin. Bin Ladin and his companions spent the night in a house belonging to an Afghan acquaintance of the detainee.
- The detainee attended a meeting of Taliban members in Zabul Province, Afghanistan. Reports indicate that additional Taliban groups were formed and given commanders.
- The detainee commanded one of the newly formed Taliban groups, which was comprised of approximately 13 Taliban soldiers. His group is assessed to have possessed numerous weapons.
- The detainee attempted to align himself with other Taliban to continue the anti-United States/Coalition Campaign.
- c. Other Relevant Data
- The detainee attempted to export gems from Afghanistan to Germany in order to raise revenue to finance al Qaida [sic] .
- The detainee stated that the Taliban leaders from Pakistan gave him several satellite phones with long-range capability.
- Reporting indicates that Taliban leaders planned to hold another meeting in March 2003 to form more groups and assign commanders to those groups. The additional groups were to be assigned tasks and given their agenda.
- Taliban members were armed with mines when they traveled to the meetings.
- According to a Foreign Government Service, members of the Afghan Islamic Movement were trained at Usama Bin Ladin's Khaldan Training Camp during [sic] period [sic] 1996-2001.
- The Khaldan Camp was used to train Mujahedin and consisted of tunnels to house soldiers and supplies. The students at the camp were Arabs undergoing small arms training.
[edit] The following primary factors favor release or transfer:
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The detainee stated he did not even know the weapons were there. He then related the weapons belonged to the district and the district commissioner. He continued to deny that he owned even one bullet from the weapons cache. |
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The detainee denied any knowledge of the weapons in the schoolhouse in his town and blamed unknown enemies for saying they were his. |
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The detainee again denied that he was continuing to serve as a logistics officer for the Taliban and assisting them in obtaining weapons and supplies. |
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The detainee denied the allegation that he was continuing to run the cooperative for the Taliban by brokering deals for supplies and money into Afghanistan. |
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The detainee denied being part of the Taliban and said he did not like them and was forced to work for them. He denied any association with the "Afghan Islamic Movement" and that he was unaware of any such organization. |
[edit] Enemy Combatant Election Form
Mohamed Rahim's Assisting Military Officer notes from the Enemy Combatant Election Form, recorded that they first met on August 29, 2005, for fifteen minutes. The language database said he spoke Persian and Pashto at the "basic understanding level". But he did not understand the translation of his Summary of Evidence memo. They had a second meeting on August 29, 2005, once a Pashto translator had been secured, which lasted for thirty minutes. They met a third time on August 30, 2005 for nineteen minutes.
His Assisting Military Officer said that Mohamed Rahim declined to answer whether he would address the allegations against him. He told his Assisting Military Officer that he was a sick man.
His Assisting Military Officer recorded that Mohamed Rahim had been civil during their interviews.
[edit] Response to the factors
- Mohamed Rahim testified he was forcibly conscripted.
- Mohamed Rahim denied serving as a Chief of Logistics.
- Mohamed Rahim stated he only knew one Mohamed Ibrahim, not the one who worked for Taliban Central Intelligence.
- Mohamed Rahim denied that when he was captured, in his home, he was in possession of financial records. He said: "Dealing with money was not my job."
- Mohamed Rahim denied controlling a weapons cache.
- Mohamed Rahim denied any knowledge of Mullah Qair Ahmedullah and Mullah Qasiq, the Taliban's Chief of Intelligence and the Taliban's Deputy Minister of Intelligence.
- Mohamed Rahim denied being a former companion of Osama Bin Laden.
- Mohamed Rahim denied participating in high level Taliban meetings.
- Mohamed Rahim denied commanding a group of Taliban soldiers.
- Mohamed Rahim denied attempting to export gems to Germany.
- Mohamed Rahim denied ever stating Taliban leaders gave him a satellite phone.
- Mohamed Rahim attributed the false allegation that he was associated with a weapons cache in his town to "unknown enemies".
- Mohamed Rahim testified he didn't like the Taliban and had been forced to work for them.
[edit] Opening statement
Mohamed Rahim's Presiding Officer repeatedly interrupted his opening statement:
Mohamed Rahim: | I am a sick poor farmer with enemies. I have spent my life working, but my family and I do not have enough to eat. |
Presiding Officer: | Sir, these are all statements that you have covered in your previous answers. Do you have any new information? |
Mohamed Rahim: | Sir, I am getting to the point. |
Presiding Officer: | Please, if you would be so kind. |
Mohamed Rahim: |
I apologize. I am from Afghanistan, and we had no choice. We were there at the time you were doing operations. For several days, I would bring wheat flour to the houses to make bread. I would pull it out and take the bread to them. I was trying to feed my family, so I did it. I did not do it for the Taliban. |
Presiding Officer: | You admit to working for the Taliban, but you did it under protest. Is that correct? |
Mohamed Rahim: | That was at the time of the Mujahedin. |
Presiding Officer: | Mudjahedin [sic] , not the Taliban? Did you do the same function for the Taliban? |
Mohamed Rahim: | I had no choice but to do it. |
Presiding Officer: | So, you did do it, but once again, under protest? |
Mohamed Rahim: |
The Taliban took everybody by force. They forced me from my home. However, because I have a stomach problem, I was not qualified to fight. My job was ot bring food and other supplies from the bazaar, and them sell them cheaper to the very old and poor people. Their salaries were being cut. In summary, I handled food and other supplies, for one month, because I was afraid. I did it for my family. |
Presiding Officer: | That concludeds your statement, sir? |
Mohamed Rahim: | Yes, sir. |
Presiding Officer: | Thank you. |
[edit] Response to questions from his Designated Military Officer
Designated Military Officer | Sir, have you ever met Usama Bin Ladin? |
Mohamed Rahim: | I have not seen him. I'm a poor farmer. |
Designated Military Officer | Sir, you say that you are a sick poor farmer, and, yet, you have so many enemies. Can you tell us why you have so many enemies? |
Mohamed Rahim: |
During the time of Russian [sic] occupation, the people became enemies, because of land. The Russians caused this hostility. With your permission, I will provide examples of the hostility, and animosity. |
Designated Military Officer | Please. |
Mohamed Rahim: |
First, there is this mountain not far from my farm. There is an abundance of grass and a spring located by my land. There is desolate land between my village and two other villages. These villages fight over the right to have their animals feed on the grass, and use the spring. This has caused animosity. We took turns fighting each other. Second, during the Russian occupation, we turned each other in. Last, in the time of revolution [sic] , people were killed; that caused hostility. |
Presiding Officer: | Mr DMO, would you like to re-direct? |
Designated Military Officer | Yes, Are you saying that you are Hazra? |
Mohamed Rahim: | Some people cal it Hazragon, some people call Hazra [sic] . |
Designated Military Officer |
You still say you are a poor sick farmer. Why do you think the United States would have an interest in bringing you over here -- halfway around the worlds -- feeding you and housing you, if that is all that you are? |
Mohamed Rahim: | I am nothing more than a poor farmer. |
Presiding Officer: | Mr DMO, would you like to re-direct? |
Designated Military Officer | Yes, I thank you for your answers. |
Mohamed Rahim: | I would like to say one more thing, if I may? |
Presiding Officer: | Of course. |
Mohamed Rahim: | I am not the enemy of America. I am not dangerous to nobody, because I am a very miserable poor man. |
[edit] Responses to Board officer's questions
- Mohamed Rahim repeated his denial of participating in combat operations as a foot soldier.
- In response to a question as to how far his home was from the school that held the munitions Mohamed Rahim responded: "My house is far away with two houses in between."
- Mohamed Rahim repeated that he was unaware that munitions were stored in the school.
- In response to a question about the financial documents found in his home Mohamed Rahim repeated that he didn't deal with finances. He confirmed that the company he was forced to work for was called the "Cooperative Logistics Company".
- Mohamed Rahim repeated that the Muhammid Abraham he knew was the company's chief buyer at the bazaar.
- When asked if he supported the current Afghanistan government under President Karzai Mohamed Rahim replied: "I am happy to have a quiet, peaceful business, without worry.
Board Member: | Thank you very much. Did you consider your country, in Afghanistan, a dangerous place, leading up to the time of your capture and your being forced to come to our country? |
Mohamed Rahim: | No, it is not dangerous for me. |
Board Member: | So, how can someone force you to do something, if you didn't think it was dangerous? That is, how were you forced to be part of the Taliban, if you were not afraid, or if it was not even dangerous? |
Mohamed Rahim: | The government took everybody by force. They would dishonor me, or kill me. |
Board Member: | So, it would be dangerous for you to not be a part of the military? |
Mohamed Rahim: | They would not leave me alone. |
Board Member: | Your enemies are not dangerous? |
Mohamed Rahim: | We have a problem over the land. |
Board Member: | So, it's dangerous? |
Mohamed Rahim: | We submitted a petition, for our land, to the government. |
Board Member: | So, the only training you had was to be a logistics person, no military; no weapons training. You have no training with weapons, at all? |
Linguist requested to translate question again | |
Mohamed Rahim: | During Mudjahedin [sic] , I carried bread. |
Board Member: | So, with the war going on with enemies -- a lot of dangerous things happening -- you never had a weapon? You never worried about protecting your family? |
Mohamed Rahim: | We would beat them with sticks and shovels. |
Board Member: | You never saw a weapon? |
Mohamed Rahim: | I have seen other people have them. |
Board Member: | Where? |
Mohamed Rahim: | During Mudjahedin [sic] , some people came home carrying guns. |
Board Member: | There were weapons in your village? |
Mohamed Rahim: | During Mudjahedin [sic] , pepole would come from other places. |
Board Member: | What were the names of the superiors you worked for in the Logistics Company? |
Mohamed Rahim: | It was the Chief of the company brother. |
Board Member: | You said there were two superiors you reported to. What were their names? |
Mohamed Rahim: | Two representatives controlled the prices. |
Board Member: | I want to know the names of the people you reported to. You reported to someone. What is their name? |
Mohamed Rahim: | We were responsible for these two members [sic] . |
Board Member: | My question is simple. Does he know the names of the people he reported to? |
Mohamed Rahim: | I forgot their names. |
[edit] Second annual Administrative Review Board hearing
A Summary of Evidence memo was prepared for his second annual Administrative Review Board, on 11 August 2006.[16] It listed the following allegations for and against his continued detention.
[edit] The following primary factors favor continued detention:
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Commitment | ||||||||||||||
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Connections/Associations | ||||||||||||||
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Other Relevant Data | ||||||||||||||
The detainee stated that leaders from Quetta, Pakistan gave him several satellite phones with long-range capabilities. |
[edit] The following primary factors favor release or transfer:
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The detainee stated that he has lived his whole life in the same house. Other than one trip to Pakistan during the jihad against Russia [sic] , the year of travel unknown, the detainee stated that he has not traveled outside of his village.[17] |
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The detainee stated that he has never purchased any weapons for himself or anyone else. |
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The detainee denies having any weapons other than the one Kalishnakov [sic] that was seized from his house. The detainee claimed that the Kalishnakov [sic] was the property of the government and legally in the possession of his brother from whom it was seized. Hsi brother had the weapon because of his service as a soldier for the city. The Karzai government had said they would give 200 United States Dollars to those in Afghanistan who turned in their weapons to the government and the detainee's brother had planned to turn the Kalashnikov in and collet the 200 United States Dollars. |
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The detainee denied knowing any locations of weapons caches and/or Taliban or al Qaida personalities. |
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The detainee stated that his office did not have access to telephone lines and that he was not equipped with radios. The detainee stated that the Taliban used radios, but that his office did not have communications equipment. |
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The detainee gave a detailed account of extortion Taliban officials used against their employees and Taliban Intelligence officials that worked in the logistics office. |
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The detainee stated that he does not know anything about al Qaida. |
[edit] Transcript
There is no record that Mohamed Rahim chose to participate in his second Administrative Review Board hearing.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ OARDEC. "Mohamed Rahim v. George W. Bush", United States Department of Justice, August 10, 2006, pp. 114-130. Retrieved on 2007-10-19.
- ^ Karen N. Gibbs. "Legal Sufficiency Review of Combatant Status Tribunal for detainee ISN 1004", OARDEC, January 22, 2005, pp. 116-117. Retrieved on 2007-10-19.
- ^ redacted. "Combatant Status Review Tribunal Decision Report Cover Sheet", OARDEC, December 2, 2004, p. 120. Retrieved on 2007-10-19.
- ^ redacted. "Unclassified Summary of basis for Tribunal decision", OARDEC, December 2, 2004, p. 121. Retrieved on 2007-10-19.
- ^ Although the Tribunal documents indicate that Wali Mohammad was an "off-Island" witness. Guantanamo contains an Afghan named Wali Mohammed.
- ^ 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.
- ^ a b Summarized transcripts (.pdf), from Mohamed Rahim'sCombatant Status Review Tribunal - pages 1-3
- ^ OARDEC (October 12, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Rahim, Mohammed page 129. United States Department of Defense. Retrieved on 2007-10-19.
- ^ Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12.
- ^ Summarized transcript (.pdf), from Mohamed Rahim's Administrative Review Board hearing - pages 231-242
- ^ OARDEC (8 August 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Rahim, Mohamed 82-84. United States Department of Defense. Retrieved on 2007-10-19.
- ^ The factors as read out in his trascript did not say "Taliban Central Intelligence", merely "Taliban Central".
- ^ OARDEC (11 August 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Rahim, Mohamed 56-58. United States Department of Defense. Retrieved on 2007-10-19.
- ^ The Soviet invasion of Afghanistan lasted from 1979 to 1989.