Muhebullah (Guantanamo detainee 974)

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Muhebullah (also transliterated as Mohi Bullar) is an Afghani held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Muhebullah's Guantanamo detainee ID number is 974. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1981, in Urezgon [sic] , Afghanistan.

Contents

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

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohi Bullar's Combatant Status Review Tribunal, on 18 October 2004.[5][6] The memo listed the following allegations against him:

a. The detainee participated in military operations against the coalition:
  1. On 22 February 2003, detainee, an Afghan citizen[7] was involved in a firefight with United States Special Forces.
  2. Detainee admitted to firing his weapon in the firefight.
  3. Detainee knew that he was fighting soldiers during the firefight.
  4. During search of compound for weapons cache, detainee fired with intent to kill or harm U.S. Forces.
  5. Detainee received wounds consistent with grenade injuries.
  6. Detainee knew that the compound to be searched belonged to a member of the Taliban.

[edit] Testimony

Muhebullah chose to participate in his Combatant Status Review Tribunal.[8]

Muhebullah was accused of firing his weapon during a firefight on 22 February 2003, with United States Special Forces. Muhebullah said he was woken by firing, at night, and thought it was thieves. He acknowledged firing three rounds, into the air, to frighten them off. It was only then that the Americans fired flares. American aircraft then bombed his home.

Muhebullah was alleged to have fired on the Americans while they searched his compound for weapons. Muhebullah said that when the Americans arrived he was already wounded and his father had brought the Americans to his home in hopes they would help control his bleeding. He said that when his home was bombed his wounds were so serious he couldn’t move, or see. But he could still hear what was said to him.

Muhebullah had letters from his father, that confirmed that when the Americans took him away they had told his family he was being taken to a hospital so his serious wound might heal, he wasn't arrested as a suspect.

Muhebullah was alleged to have received wounds consistent with wounding by a hand grenade during the firefight, he explained again that he had been wounded when his home was bombed.

Muhebullah was accused of knowing that the compound where he was captured belonged to a member of the Taliban. On the contrary there were no Taliban in his area, and the compound was his family's home, where he had lived all his life.

Muhebullah told his Tribunal that he has not been questioned during the entire year and a half he had been detained in Guantanamo, and that he had looked forward to his Tribunal because he was innocent and hoped the Tribunal would send him home.

When asked to draw a map he explained to his Tribunal that he was illiterate, and couldn’t even write his own name. When he was asked how old his younger brothers were he admitted he didn’t even know his own age. Later, during his testimony Muhebullah acknowledged that he had been given some Pashtun lessons, while in detention.

[edit] letter from his father

June 19, 2003
Greetings from Yar Mohamad Kaka to my dear son Muhebullah. I present to you my greetings full of love to you. I hope you accept it. After greetings, Dear we are thankfully well and fine. And wishing for your health from Allah.
Your letter arrived my happiness was without boundaries. But I couldn’t understand where you are. Next time when you write please write your complete address. We are also will try to work for your release. The Americans have promised us that they know that you haven’t committed a crime and as soon as your injuries are healed you will be released.

[edit] Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[9]

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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohi Bullar's Administrative Review Board, on 26 August 2005.[10] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee was captured on 22 Feb 2003 when he fired on United States Security Forces, while they were conducting a search of a location containing land mines at Atburdah Village, Tirin Kowt District, Oruzgan [sic] Province.
  2. The detainee was part of the firefight. He was prepositioned and hid out of sight. He fired with intent to kill or harm United States forces and friendly Afghanis.
  3. The detainee initially maintained he did not have a gun with him and did not hear gunfire or any noises. Then he stated that he thought someone was firing on his his house, so he fired three gunshots into the air to scare them away. Later he admitted that the fired the bullets in the same direction that his neighbot Haji Gul Mohammed shot his bullets. He shot toward the people were firing at Haji Gul Mohammed.
  4. The United States Security Forces witnessed the detainee firing.
b. Connections/Associations
  1. The detainee was identified as working for Mullah Shokoor in Konduz. Mullah Shokoor was part of the main security escort for Usama Bin Ladin during the time when Kabul, Afghanistan fell into U.S. hands.
  2. The detainee knows of Mullah Ghafur, the man whose compound was the target of the United States Security Forces search that evening. The detainee described Ghafur as being "with the Taliban" during the movement's rule, however, he doesn't know about his activities now. Ghafur was arrested in Kabul at some point.
c. Other Relevant Data
The detainee is an admitted opium farmer and dealer.

[edit] The following primary factors favor release or transfer:

a. He said he told lies in Kabul and in Bagram, and realized that lies were not going to get him home to take care of his wife and one-month-old son. He said he would no longer lie.
b. The detainee reiterated that he has no animosity toward the Americans.

[edit] Transcript

Captive 974 chose to participate in his Administrative Review Board hearing.[11] In early 2006 the DoD released a fifteen page summarized transcript of his hearing.

[edit] Enemy Combatant election form

Captive 974's Assisting Military Officer read from the Enemy Combatant election form filled out during a pre-hearing interview on 9 September 2005, that lasted 72 minutes. The Assisting Military Officer said captive 974 "remained polite and attentive throughout the interview".

[edit] Response to the factors

  • Captive 974 denied knowing Americans were in the area on the night he was captured.
  • Captive 974 denied hiding in anticipation of the approach of US forces.
  • Captive 974 denied knowingly firing on US forces.

I heard firing. I was so scared, because of the thieves and robbers around our village. Since I was so scared I fired three to the air. Five minutes later there was a big light. I was surprised. I had never seen those in my life.

  • Captive 974 testified he had never heard of Mullah Shokoor, or Mullah Ghafur.
  • Captive 974 confirmed he grew opium:

The opium was in the whole are. This was everybody's business. It [was] not like me and somebody else. The whole village was planting opium. Everybody's business was making pretty good money. I was a driver and I was busy driving, but in my garden I was planting a little bit.

  • Captive 974 confirmed he had lied in Kabul and Bagram.
  • Captive 974 said he looked forward to the development help the Americans would bring to Afghanistan, particularly road improvements and electricifacation.

[edit] Response to Board questions

  • The Board officers asked him to repeat his story of being woken by weapons fire in the middle of the night and going to the center of his compound's courtyard and firing warning shots into the air to scare the thieves away. He added that he had been carjacked in the past. Local thieves had killed other travellers.
  • Captive 974 repeated his denial that he had fired in any particular direction. He repeated his denial that he fired where he thought his neighbor was firing. He repeated that he fired into the air.
  • Captive 974 repeated that he did not know Americans were in his area. They had never been to his area before the attack.
  • Captive 974 denied that there had been any members of the Taliban in his village.
  • Captive 974 said that while he didn't know anything about Mullah Ghafar, when he had been a taxi driver he had had the vehicle of a Mullah Ghafur pointed out to him. He repeated he didn't know him personally. They had never met, but he was aware that Mullah Ghafur was in the Taliban.
  • Captive 974 clarified that he had been telling the truth when he said there were no Taliban in his village. Mullah Ghafur was from another village, named Balut.
  • The Presiding Officer of captive 974 hearing insisted that, at some point captive 974 had said Mullah Ghafur was from his village.
  • Captive 974 agreed he had heard of land mines, but did not know the presence of any.
  • The Presiding Officer insisted that US forces said he was hiding, and that he fired on them. Captive 974 repeated that he had not.
  • When he was asked why he lied in Bagram captive 974 pointed out they had bombed his house, he was severaly injured, and he expected that he would be killed anyway.
  • Captive 974's Presiding Officer assured him that the Board did believe him.

[edit] White uniform

Captive 974's Presiding Officer congratulated him on being allowed to wear the white uniform issued to compliant captives.

Further information: Guantanamo captive's uniforms

[edit] Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[12][13]

The Board met on 14 September 2005. Its conclusion was unanimous. The memos containing its recommendations were highly redacted. The Board's recommendation was redacted.

The Board cited intelligence assessments from the Deputy Assistant Secretary of Defense for Detainee Affairs, the FBI, the CIA and the United States Department of State.

In its summary of Mohi Bullar's testimony they "...specifically noted that the EC remained deceptive...":

The EC made a brief statement regarding his innocence, herein identified in enclosure (6), then responded to each statement of information in the Unclassified Summary after it was presented, consisting of a line-by-line explanation, confirmation or denial of the bullets in paragraphs 3 and 4 of the unclassified summary. The EC answered a series of questions from the ARB as documented in enclosure (6), regarding his personal knowledge of known Taliban members or leaders with whom he is reported to have associated; his participation against United States Special Forces during a raid on his compound in his home country, Afghanistan and other personal information. The board also queried the EC about his lies to interrogators in Kabul and Bagram. The board specifically noted that the EC remained deceptive even during the ARB proceeding.

The section of his basis for recommendation memo devoted to his behavior stated: "The EC's behavior has been very compliant, stable and non-hostile."

[edit] Current location

As of March 18, 2008 the Washington Post lists Mohi Bullar as still in detention in Guantanamo.[14]

[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. ^ OARDEC (18 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005) page 168. United States Department of Defense. Retrieved on 2008-01-31.
  6. ^ OARDEC (18 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Bullar, Mohi (published September 2007) page 2. United States Department of Defense. Retrieved on 2008-01-31.
  7. ^ The phrase "an Afghan citizen" was redacted when the memo was originally published in March 2005.
  8. ^ Summarized transcripts (.pdf) from Mohi Bullar's Combatant Status Review Tribunal - pages 27-40
  9. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  10. ^ OARDEC (26 August 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Bullar, Mohi pages 9-10. United States Department of Defense. Retrieved on 2007-11-16.
  11. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings for ISN 974 pages 123-137. United States Department of Defense. Retrieved on 2008-01-31.
  12. ^ OARDEC (December 19, 2005). Administrative Review Board assessment and recommendation ICO ISN 974 page 65. United States Department of Defense. Retrieved on 2007-11-16.
  13. ^ OARDEC (14 September 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 974 pages 66-71. United States Department of Defense. Retrieved on 2007-11-16.
  14. ^ "Names of the Detained in Guantanamo Bay, Cuba", Washington Post. Retrieved on 2008-03-18.