Mohammed Nasim (Guantanamo detainee 849)

Mohammed Nasim is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] Mohammed Nasim's Guantanamo Internee Security Number is 849. American intelligence analysts report that Mohammed Nasim was born in 1980, in Megan, Afghanistan.

[edit] Age

When being asked whether he had ever been a Provincial Governor, during his Administrative Review Board hearing, Mohammed Nasim's age came up. He acknowledged being a young man. He explained that Afghans do not record the dates of their birth, so he couldn't say excatly how old he was. But, he pointed out that if the Board members compared the photos taken of him when he arrived with his current appearance they could see he had hardly any beard when he arrived, and he had a full beard in 2005.

[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.^[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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.

Nasim chose to participate in his Combatant Status Review Tribunal.^[5]

[edit] Allegations

The allegations Mohammed Nasim faced, during his Tribunal, were:

a. The detainee is a member of the Taliban.

1. The detainee attended a Taliban training camp.
2. The detainee worked for a Taliban Commander and was part of a special forty-man unit.
3. The detainee trained with light weapons, machine guns and missiles.
4. When arrested by Afghanistan Military Forces, the detainee had in his possession the following items: rockets, a circuit tester, Russian artillery officer's compass, and rocket mortars ^[sic] .

b. -- The general summary of the allegations of hostile activity were missing from the transcript. --

1. Late on 16 October 2002, the detainee was arrested by the Nangarhar Province chief of public security as the detainee, and three of his cohorts, was preparing to launch BM-12 rockets at Jalalabad.
2. The detainee took responsibility for the 28 August 2002, BM-12 attack launched at the Jalalabad Airport, which impacted near U.S. Troops.
3. The detainee assisted in firing two rockets towards the home of an Afghanistan government police official.
4. The detainee fought directly against U.S. forces in Jalalabad, Afghanistan and had been with the Taliban for five to six years.

[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.

Nasim chose to participate in his Administrative Review Board hearing.^[6]

[edit] Enemy Combatant Election Form

Mohammed Nasim's Assisting Military Officer met with him, on August 16, 2005, for 65 minutes. His Assisting Military Officer described him as being polite and cooperative throughout the interview.

[edit] Factors for and against continued detention

The headings, subheadings, and factor numbering was not recorded in Mohammed Nasim's transcript.

• Detainee admitted to being responsible for the 28 August 2002 rocket attack at Jalalabad Airport, which struck close to a team of U.S. Army soldiers.
• Detainee was captured with a Russian artillery officer's compass, a blasting circuit tester and three rocket motors.
• Source reporting states the detainee was pro=Taliban and was the former governor of Zabul province, during the time the Taliban was in power.
• Detainee stated he was trained by Shir Jan to fire rockets.
• Detainee was witnessed at a training south of Kandahar near the Shorandam Mountain. According to the individual who witnessed the detainee at the camp, the detainee was supposed to attend missile training at an Arab training camp.
• Reporting states the detainee was a former Hezb-e Islami Gulbuddin commander.
• Hezb-e Islami Gulbuddin (HIG) has long established ties with Usama Bin Laden. HIG was known to have several terrorist training camps in Afghanistan and was the pioneer in sending mercenary fighter ^[sic] to other Islamic conflicts. The founder of HIG was known to have shelteed Usama Bin Laden after he fled the Sudan. HIG has staged small attacks in its attempt to force U.S. troops to withdraw from Afghanistan.
• Detainee has been connected to Shir Jan.
• Shir Jan is a known anti-American and is responsible for recruitment of operatives in actions against U.S. and coalition forces. Shir Jan was directly involved in the 28 August 2002 rocket attack on Jalalabad, Afghanistan.
• Afghan Officials decided to arrest the detainee when they discovered that he was on the verge of launching another attack.
• Reporting states the detainee fought directly against U.S. forces in Jalalabad, Afghanistan and has been with the Taliban for 5-6 years.
• While at Guantanamo Bay Naval Station, Cuba, the detainee has been witnessed by MP's ^[sic] acting as a lookout.
• Detainee has assaulted Guantanamo Bay MP's ^[sic] .
• Detainee has participated in riots in the camp at Guantanamo Bay.
• Detainee has been witnessed by Guantanamo Bay MP's ^[sic] practicing his martial arts.
• Detainee claims their rockets were not powerful enough to kill a chicken, because they were so weak.

[edit] Response to the factors

[edit] Response to Board questions

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
4. ^ 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.
5. ^ Summarized transcripts (.pdf), from Mohammed Nasim's Combatant Status Review Tribunal - pages 10-18
6. ^ Summarized transcript (.pdf), from Mohammed Nasim's Administrative Review Board hearing - page 54