Nasibullah

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Nasibullah
Born:	1967 (age 40–41) Jalazai, Afghanistan
Detained at:	Guantanamo
Conviction(s):	no charge, held in extrajudicial detention
Status	Determined not to have been an enemy combatant after all

Nasibullah (also transliterated as Naibullah Darwaish) is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 1019. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1967, in Jalazai, Afghanistan.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.^[2] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[3]

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.

Nasibullah chose to participate in his Combatant Status Review Tribunal.^[4]

[edit] allegations

a. The detainee is associated with forces allied with al Qaida and the Taliban.

1. Until the time of his detention, the detainee was serving as the security command for the Shinkai district, Zabol Province, Afghanistan.
2. The governor of the Zabol district appointed the detainee to the security commander position.
3. The detainee and the governor fought together for years with the Mujahdeen against the Russians.
4. The governor is Taliban and has ties to Hezb-e-Islami Gulbuddin (HIG).
5. The HIG is a terrorist organization with ties to Usama Bin Laden.
6. The detainee had under his control, a stockpile of weapons that included assault weapons, RPG’s with ammunition, mortars, and landmines.
7. The detainee possesses detailed knowledge of Taliban and HIG plans and organization.

[edit] testimony

Nasibullah denied any ties to either al Qaida or the Taliban. He acknowledged fighting against the Russians. When the Taliban took power he left Afghanistan and lived in Pakistan, where he operated a small shop that sold blankets.

He was the police chief of Shinkai district. But he only returned to Afghanistan following the overthrow of the Taliban. He said that the governor had appointed him after a group of tribal leaders nominated him.

He acknowledged that he had known the governor, Hamedullah Tukhi, when they both fought the Soviet occupation of Afghanistan, although they did not serve together. He acknowledged that the governor had been enrolled in the HIG, for a few years, before he too left for Pakistan.

Nasibullah said that guarding the local government armory was part of his responsibilities. And that he had kept a strict accounting of every weapon's serial number, and he knew none had gone missing.

[edit] Determined not to have been an Enemy Combatant

The Washington Post reports that Nasibullah was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.^[5] They report that Nasibullah has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.

[edit] References

1. ^ OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
2. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
3. ^ 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.
4. ^ Summarized transcripts (.pdf), from Nasibullah's Combatant Status Review Tribunal - mirror - pages 27-34
5. ^ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post

v • d • e Captives held at Guantanamo Bay before being exonerated and found to not be "enemy combatants" Afghanistan Abdul Rahman, Mohammad Gul, Gul Zaman, Abdul Rahim Muslimdost, Qalandar Shah, Shahwali Zair Mohammed Shaheen Naqeebyllah, Rasool Shahwali Zair Mohammed Mohammed, Abdul Qudus, Shahzada, Hammdidullah, Mohammad Nasim, Kako Kandahari, Feda Ahmed, Nasibullah, Habib Noor, Jalil, Hukumra Khan Algeria Ahmed Adil, Akhdar Qasem Basit, Mohammed Ayub, Abu Bakr Qasim, Adel Abdulhehim, Sadik Ahmad Turkistani Egypt Sami Abdul Aziz Salim Allaithy, Allah Muhammed Saleem France Mustaq Ali Patel Jordan Khalid Mahomoud Abdul Wahab Al Asmr Maldives Ibrahim Fauzee Pakistan Fazaldad, Shed Abdur Rahman Saudi Arabia Saleh Abdall Al Oshan Sudan Hammad Ali Amno Gadallah Tajikistan Maroof Saleemovich Salehove Turkey Salih Uyar Uzbekistan Zakirjan Asam Yemen Karam Khamis Sayd Khamsan