Nasrat Khan

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Nasrat Khan
Born:	1926 (age 81–82)
Detained at:	Guantanamo
ID number:	1009
Conviction(s):	no charge, held in extrajudicial detention
Status	Cleared for release and repatriated

Haji Nasrat Khan is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internee Security Number is 1009.

Khan has been crippled since 1986. In April 2006 Khan was 80 years old.^[2] He was the oldest prisoner remaining at Guantanamo by the time he was released (August, 2006 ^[3]). Khan’s son, Hiztullah Nasrat Yar, is still a detainee at Guantanamo.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.^[4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[5]

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.

[edit] Summary of Evidence memo

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

a. The detainee was a member of a Terrorist Organization tied to al Qaida:

1. The detainee was a local commander in the HIG.
2. The detainee was a primary coordinator for the HIG in Sarobi, Afghanistan.
3. HIG leadership reportedly had a plot to kidnap one or more coalition force members to use as hostages in exchange for arrested HIG leader Haji Nasrat Khan (detainee) and his son Izat
4. The HIG is an active terrorist organization in Afghanistan with long established ties to Usama Bin Laden.

b. The detainee was engaged in hostile activities against the United States or its coalition partners:

1. Large caches of weapons were recovered from the compound where detainee lived, including 107MM rocket launchers, PKMs, AK-47s and uniforms.
2. At the time of detainee's captured ^[sic] , the HIG was conducting surveillance and planning rocket attacks against US forces in the area.

[edit] Transcript

Khan chose to participate in his Combatant Status Review Tribunal.^[7]

[edit] Witnesses

Khan requested his son as a witness. His son was also detained in Guantanamo, but in a different compound. In December 2004 camp authorities instituted a new policy, forbidding detainees in one compound from testifying in person at the Tribunals of detainees from another compound. However, a one page statement from Yar was entered into evidence.

Khan had requested someone identified as "Engineer Wasil", whom he believed was his accuser. The Tribunal had proven unable to locate Wasil, so he was ruled "not reasonably available". Khan had also requested someone named "Hamdulla", also ruled "not reasonably available". Finally he had requested an affidavit from Rahim Wardak, described in the Tribunal documents as "an Afghan government official". The Afghan government had not provided the Tribunal with a response, so his testimony was also ruled not reasonably available. Wardak was then the Deputy Minister of Defense. Wardak was promoted to Minister of Defense in December 2004, a position he still holds.

In his statement Yar said that his father had engaged in hostilities, during the Soviet invasion of Afghanistan. And at that time he had been associated with the HIG. But that had been prior to his crippling stroke, that left him unable to walk. His stroke had ended his involvement in any struggles.

Yar said that after the American invasion elements of Karzai's government had rounded up the weapons in his area. A government official, Rahim Wardak had hired him, Yar, to guard these weapons. He said that he had 50 other guards under him, all paid and equipped by the Karzai government.

Yar said that internal politics had led to him being denounced, to the Americans, by political enemies of his mentor Wardak.

Khan, his father, had traveled to the capital, to try to secure his release. He had subsequently gone to Yar’s home, where he was arrested 25 days after his own arrest.

Yar said his mentor, Wardak, had tried to secure their release. Yar said that he and his father are from the Pashtun ethnic group, and that those from the Tajik ethnic group are in power in Kabul, and that their arrests had been due to ethnic animosity. He and his father had no problems with Americans.

[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.

Khan chose to participate in his Administrative Review Board hearing.^[8]

[edit] The following primary factors favor continued detention:

a. Commitment

1. Detainee's son admitted that he and his father fought with the Taliban.
2. Detainee was captured by United States Forces with 700 weapons, including small arms and rockets.
3. Detainee was captured with letters addressed to him and from him although he claims to be uneducated and illiterate.

b. Training

1. Detainee claims he served in the Afghan Army in the late 1950's ^[sic] or 1960's ^[sic] . Detainee claims he only served as an infantryman for approximately two years and only received small arms training.

c. Connections/Associations

1. Detainee was a Hizb-I Islami Gulbuddin ^[sic] commander.
2. Hizb-I Islami Gulbuddin (HIG) was one of the major mujahedin groups in the war against the Soviets. HIG has long established ties with Usama bin Laden. Gulbuddin Hikmatyar founded HIG. Hikmatyar ran several terrorist training camps in Afghanistan and was a pioneer in sending mercenary fightters to other Islamic fighting conflicts. Hikmatyar offered to shelter Usama bin Laden after he later fled Sudan in 1996.
3. Detainee was a village leader in an area controlled by the Hizb-I Islami Gulbuddin (HIG).
4. Detainee claims he only met Gulbuddin Hikmatyar once.
5. Reporting states Hizb-I Islami Gulbuddin members were planning to kidnap United States Personnel on the Kabul to Jalalabad road between the Sorobi, Kabul province, Afghanistan and Jalalabad, Nangrahar province, Afghanistan to exchange for a captured Hizb-I Islami Gulbuddin commander.
6. Further reporting states Hizb-I Islami Gulbuddin wanted to kidnap United States military personnel from Bagram Airfield.
7. Detainee claims that Engineer Wasil was his son's commander.
8. Reporting states Wasil is a known member of Hizb-I Islami Gulbuddin.
9. Reporting further states Wasil is not supportive of the United States, and believes the United States should not be in Afghanistan.
10. Detainee's son is a commander of the Hizb-I Islami Gulbuddin.
11. Detainee's son admitted to having a weapons cache in his residence in the region of Sorobi.
12. Reporting states the Detainee's son has links to al Qaida, Taliban and Hizb-I Islami Gulbuddin which led to his son's arrest.

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

1. Detainee claims he retired as the Hizb-I Islami Gulbuddin fifteen years ago when his health began to fail.
2. Detainee stated he did know anything about the weapons found in the residence he was captured in.

[edit] Nasrat's response to the factors favoring detention

• Nasrat denied that he had fought with the Taliban. His mobility had already been impaired before the Taliban came to power.
• Nasrat denied that he was captured at an arms cache. He was captured at his home, 30 kilometers from his son's residence.
• Nasrat repeated that he was illiterate, and denied that he was captured with letters he had written.

• Nasrat confirmed he served a two year term in the Afghan Army. He received a Tarkhis -- a kind of honorable discharge. Afghanistan had compulsory military service during his youth.

• Nasrat denied any association with the Hizb-I Islami Gulbuddin. When he fought against his country's Soviet invaders he was a Harzat Sahib commander.^[9]
• Nasrat asked what Hikmatyar's actions had to do with him, since he never served with his group.
• Nasrat confirmed that he was a village leader, before he had the stroke that incapacitated him. Nasrat confirmed that Gulbuddin's group had controlled his region, for a time -- but it was after he had his incapacitating stroke.
• Nasrat clarified that he had not met Hikmatyar. He had attended an Islamic leaders conference, and someone pointed Hikmatyar out to him. But he was not introduced to him, and they never spoke, never met.
• Nasrat repeated that any plans Hikmatyar had to kidnap Americans had nothing to do with him, because he never served with his group.
• Nasrat clarified the relationship between Engineer Wasil and his son. He said that when his son was captured two Americans visited him, and told him they were inviting him to visit Kabul University. The Americans said they would return him that night. When his son did not return Nasrat made his way to his son's home, and asked associates of his son who he had been working for. He was told that his son worked for a Northern Alliance commander named Engineer Wasil. He was told that Engineer Wasil was the Eastern Zone Commander, who lived in Policharkhi, Panjshir Province. Nasrat sought out Wasil in Polcharkhi. Wasil told Nasrat that the Americans were only going to ask his sone a few questions, for a few days. It was the only time he met Wasil.
• Nasrat expressed skepticism about the allegation that Wasil was a member of Hizb-I Islami Gulbuddin. He pointed out that Wasil was a member of the Northern Alliance, He pointed out that Wasil's base in Panjshir did not overlap with Hikmatyar's base.
• Nasrat expressed confusion as to how Wasil's possible disenchantment with America had anything to do with him.
• Nasrat suggested the ARB ask his son the remaining questions, that those factors had nothing to do with him.

[edit] Nasrat's statement

Nasrat spoke about the civil war that followed the ouster of his country's Soviet invaders. He said, after the Soviet's defeat the mujahideen he had fought with expected American help in setting up a democracy. They were disappointed, and the Taliban took over, and committed atrocities.

The Taliban invited like-minded people from all over the world. Afghans like himself hated the Taliban's foreign allies. He said:

"The terrorist ... came to Afghanistan and destroyed our honor and out ^[sic] dignity. Bin Laden, we hate him more than you guys and you people do not realize who is am enemy and who is a friend.

"When you came to Afghanistan everybody was waiting for America to help us build our country. We were looking for you guys and we were very happy that you would come to our country. The people who hated you were very few, but you just grabbed guys like me. Look at me. Our very happiness, you changed it to [bitterness]. I am still not mad at you guys, but in the future try to know the difference between your enemy and your friend..."

[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.^[10][11] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on November 4, 2005.

[edit] Witness at other Tribunals

Khan was interviewed, and provided a statement for Hamidullah's Tribunal.^[12] He confirmed that Hamidullah had only been a teenager when he had been in the HiG, and that he had been a deserter.

[edit] Habeas Corpus

Philadelphia lawyer Peter Ryan is representing Khan in his habeas corpus motion.^[2]

[edit] Khan's age

United Kingdom newspaper, The Guardian, republished an Associated Press article, devoted to Khan, which speculated about his age. ^[13] The article says the USA estimates Khan's age as 71. It says that Khan doesn't know his age for sure, but believes he is about 78. The article states that Khan requires a walker.

[edit] Return to Afghanistan

Khan was reported to have been one of five Afghans returned to Afghanistan on August 28, 2006.^[14][15]

Peter Ryan, one of Khan's lawyers, learned of his return by e-mail from the DoD, on the following weekend,^[15] and never did learn the reason for Khan's detention.^[16]

Ryan initially expressed concerns whether Khan could expect the Afghan authorities to free him, upon his return, or whether they would put him in the Afghan prison system.^[17], but Khan did not ultimately face arrest upon his return to Afghanistan.

[edit] References