Mohammad Fazil

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Mullah Mohammad Fazil is an Afghan held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Fazil's Guantanamo detainee number was 007. American intelligence analysts estimate that Fazil was born in 1967, in Charchno, Afghanistan

Contents

[edit] Identity

Fazil served as the Taliban's former deputy defense minister.[2]

The Department of Defense spells his name as Mohammed Fazi.

[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. 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.
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 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.

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

[edit] Allegations

The allegations against Fazi were:

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --
  1. The detainee was a member of the Taliban.
  2. The detainee assisted Mullah Omar in establishing a temporary government following the Taliban conquest of Kabul.
  3. The detainee was the Taliban Deputy Minister of Defense during the last days of the Taliban.
  4. In November 2001 the detainee spoke with Mullah Omar about supplies for his troops.
  5. The detainee was aware the Taliban was providing the Islamic Movement of Uzbekistan with financial, weapons and logistic support in exchange for the IMU providing the Taliban with soldiers.
  6. The detainee is listed on a United Nations Security Council Resolution requiring member states to freeze his assets due to his association with the Taliban.
  7. The detainee was at the Al Farouq training camp.
b. -- The general summary of the allegations of hostile activity were missing from the transcript. --
  1. The detainee was a Taliban commander of approximately 3,000 front-line troops in the Takhar province in October 2001.
  2. The detainee was directly commanded by the Taliban Defense Minister.
  3. The detainee communicated directly with the Taliban Defense Minister on military objectives.
  4. The detainee was preparing to engage opposition forces on 30 November 2001, when the Taliban Defense Minister commanded him to surrender to the Northern Alliance.
  5. The detainee was captured on the front lines in Mazari Sharif.

[edit] Testimony

Fazil acknowledged serving with the Taliban, but before they captured Kabul in 1995. He denied ever having a senior position, or ever being in Kabul.

He denied knowing or communicating with Mullah Omar, or any other senior Taliban member.

He denied all knowledge of the Islamic Movement of Uzbekistan.

He denied ever visiting the Al Farouq camp. He stated he had never heard of the camp until he arrived in Guantanamo. He stated that he had no military training other than on the job training.

He acknowledged leading a group of local militia that varied in size between 30 and 120 men.

He denied beina a Mullah.

The Northern Alliance had told them that everyone who surrendered their weapons and vehicles would be allowed to go home.

[edit] Witnesses

Fazil's first witness was Norullah Noori. The Personal Representative had taken a statement from him, which was read into evidence. Fazil did not have an opportunity question Noori himself.

Noori said that they had surrendered at Yarghanic in Konduz, not at Mazari Sharif.

Noori confirmed the Northern Alliance promise that those who surrendered their weapons would be allowed to go home.

The second witness was Abdul Haq Wasiq. He testified that Fazil had commanded some troops, but had not been the Deputy Minister of Defense, that position was held by Abdul Razaq.

He confirmed that Fazil surrendered peacefully in Konduz.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ If Able, Pakistan to Hand U.S. Bin Laden: Musharraf Makes Pledge as Troops Scour Border, but Says Fugitive May Be Dead, Washington Post, December 24, 2001
  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 Mohammad Fazil's Combatant Status Review Tribunal - pages 1-6