Nazargul Chaman

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Nazargul Chaman is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ID number is 1037. American intelligence analysts estimate the Chaman was born in 1980, in Manikhel, Afghanistan.

[edit] Identity

The US Department of Defense was forced, by court order, to release the names of the captives taken in the "war on terror" who were held in Guantanamo. On April 20, 2006 they released a list of 558 names, nationalities and ID numbers, of all the captives whose status as "enemy combatants" had been reviewed by a Combatant Status Review Tribunal.^[2] Twenty-five days later they released a list of 759 names, nationalities, ID numbers, dates of birth, and places of birth, of all captives who had been held in military custody in Guantanamo.^[1]

Captive 1037 was identified inconsistently on the two official lists:L

• He was listed as Nazargul Chaman on the list released on April 20, 2006.^[2]
• He was listed as Nasser Gul Ghaman on the list released twenty-five days later, on May 15, 2006.^[1]

In captive 1037's Combatant Status Review Tribunal testimony he describes traveling from his home in Tajikistan across Afghanistan to visit his son, at school, in Pakistan.^[3] The official lists of names says Chaman was a citizen of Afghanistan, not Tajikistan, and says that he was born in 1980 -- too young to have a son at school in Pakistan.^[1]

Captive 1037 described, during his Combatant Status Review Tribunal; being captured by bounty hunters in Kunoz before Ramadan, in 2001.^[3] Captive 1037 described, during his Combatant Status Review Tribunal; his experience of the riot at Mazari Sharif in detail. The riot occued in late 2001.

However the allegations captive 1037 faced during his Administrative Review Board state that he was captured on May 5, 2003 — a year and a half later.^[4]

[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.^[5][6] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[7]

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

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Chaman Nazargul's Combatant Status Review Tribunal, on 13 October 2004.^[8] The memo listed the following allegations against him:

a. The detainee is a member of an organization that associated with and supported al Qaida:

1. The detainee originally lived in Afghanistan, but left with his family during the conflict with Russia ^[sic] .
2. The detainee returned to Afghanistan in April 2003 and at that that time, he became a security guard under the leadership of a local General.
3. In his role as a guard, the detainee was issued a Kalashnikov ^[sic] rifle and he was assigned to guard a warehouse used for storing fuel.
4. The detaiene was captured at the home of a suspected Hezb-e-Islami Gulbuddin (HIG) commander.
5. HIG is a known terrorist organization that has long established ties to al Qaeda.
6. The detainee is a member of the Itihad Islami, a known HIG front organization, and when captured had an identification card.

b. The detainee participated in military operations against the United States and its coalition partners:

1. The detainee, as HIG commander ^[sic] , and his brother ^[sic] have been linked to several attacks ^[sic] against U.S. forces in the vicinity of Jalalabad, Afghanistan.

[edit] Transcript

Chaman chose to participate in his Combatant Status Review Tribunal. But the transcript released with his ISN was actually that of Mehrabanb Fazrollah.

[edit] Administrative Review Board hearings

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] First annual Administrative Review Board hearing

Captive 1037 chose to participate in his first annual Administrative Review Board hearing.^[9]

[edit] Factors for and against continued detention

• The detainee was captured with an identified long-time Hezb-e Islami Gulbuddin ^[sic] (HG) ^[sic] member.
• Gulbuddin Hekmatyar found Hezb-e Islami Gulbuddin ^[sic] (HIG) as a faction of the Hezb-e Islami Gulbuddin party ^[sic] in 1977. It was one of the major mujahedin groups fighting the Soviets. Hezb-e Islami Gulbuddin has long-established ties with Bin Laden. In the early 1990s, Hekmatyar ran several terrorist training camps in Afghanistan. He pioneered sending mercenary fighters to other Islamic conflicts.
• In April 2003, the detainee moved from Pakistan to Gardez, Afghanistan, to work as a security guard at a fuel depot. The guards also manned vehicle checkpoints on the road from Khost, Afghanistan, to Gardez, Afghanistan.
• The detainee was captured 5 May 2003 in a suspected Hezb-e Islami Gulbuddin safe house.
• The detainee denied any association with Taliban, Hezb-e Islami Gulbuddin, or any other terrorist groups. He also denied being contacted for recruitment to any type of organization.
• The detainee stated his only reason for coming to Afghanistan was to work for the Karzai government.

[edit] Assisting Military Officer's report on his initial interview

Nazargul Ghaman's Assisting Military Officer told the Board he met his Nazargul on September 22, 2005, for 58 minutes. Nazargul participated in the interview with the aid of a Pashto translator. According to his Assisting Military Officer Nazargul chose to respond to each allegation in turn, as they were read aloud, during his hearing.

The Assisting Military Officer described Nazargul as "polite and cooperative" during his interview.

The Assisting Military Officer repeated a comment Nazargul; had made during his hearing:

"Yes, I will attend. These allegations against me are lies. These are allegations and I strongly deny them. I was only in Afghanistan 18 days. In 18 days I came to Afghanistan and I became a big shot? I will talk there and answer each question."

[edit] Response to the factors

• He denied that he was captured with a long-time Hezb-e Islami Gulbuddin member.
• He acknowledged having heard of Hekmatyar Gulbuddin, a former President of Afghanistan, prior to the Taliban's seizure of power. But he knew nothing about his activities, or how many Afghan training camps he may run.
• He acknowledged traveling to Gardez Afghanistan, from Pakistan, in April 2003, to work for Hamid Karzai's government.
• He denied he was captured in a Hezb-e Islami Gulbuddin safehouse.
• He confirmed that he has denied any association with the Taliban, Hezb-e Islami Gulbuddin, or any other terrorist groups. He confirmed that anyone had attempted to recruit him into any terrorist groups.
• He confirmed that the only reason he traveled to Afghanistan was to work for the Karzai government.

[edit] Opening statement

I just came to Afghanistan to work for the government of Karzai and in the 18 days I was there they captured me. I don't have any enemies. The United States is not my enemy and I am not their enemy, and I hope I should not be their enemy, too.

I came to Afghanistan with my father's advice to go there to work for the government of Karzai. I don't have any enemies and I came there and I don't know why. For two and half (sic) years I have been here in Cuba and nothing has happened. One day they tell me one thing and the next day they tell me things are not fair and it should not be like that. They brought me here and I don't know my fate. I worked for the government of Karzai and you guys arrested me. In this government people should be free and they should do whatever they want. In eighteen days how [could] I be a big guy. (sic) I am not a commander of Gulbuddin Hekmatyar and I can give you my brother's number in Pakistan and you can call him and you can find out from him. Is there any evidence? I don't lie and if I lie I don't benefit (sic). If there is any proof and evidence, if I fired one single shot in Afghanistan, then you guys can hold me here. If a soldier comes here to this camp in 18 days and doesn't know anything he will ask how to operate things and how to do things. He doesn't even know how to get to these camps. My situation was the same in 18 days, I didn't know anything. Even if I was two months there you would (sic) say (sic) I was Gulbuddin's commander and I wasn't working with al Qaeda or the Taliban. The allegation is that my brother and I I (sic) are working against the United States forces in Jalalabd. How can you judge this on my 18 days? I am not able to read and write. How am I a commander? If there is a witness, then bring that witness to this court. If he is a witness and I am (sic) criminal he should not be afraid of being here in front of me to say that I did this and here is the proof and here is the evidence. Then you can punish me and you can do anything to me that you want. When I came to Afghanistan, I got a job with the government. They start[ed] my salary. Now I am here, I have family and I don't have any income. I have to get my money back for the time I have been here. If I am guilty and I am a bad guy then you guys can do anything you want, but I am innocent. In the same camp (sic) I told them I work for the government of Karzai, I don't have any enemies and you are not my enemy. Why don't you ask in my village of twenty people if I am commander then you can get much more information."

[edit] Second annual Administrative Review Board hearing

[edit] The following primary factors favor continued detention:

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

a.	The detainee said he came to Afghanistan because he wanted a better life for himself and his family.
b.	The detainee denied any association with the Taliban, Hezb-e-Islami Gulbuddin, or any other terror groups. He also denied ever being contacted for recruitment to any type organization.

[edit] Enemy Combatant election form

Captive 1037's Assisting Military Officer told his Board they met for a pre-hearing interview on June 12, 2006. His Assisting Military Officer described him as "very cooperative, attentive, and cordial throughout the interview."

[edit] Responses to the factors

• Captive 1037 denied that a traveling companion had pointed out the house of the suspect Governor of Paktia.
• Captive 1037 disputed that a suspicious person provided the security guards weapons. He said that there were only five or six guards at his outpost -- all of whom possessed only their officially issued Kalashnikovs.
• Captive 1037 disputed that he was captured in the home of a suspected Hezb-e-Islami Gulbuddin commander. He said that Ekhtiar Haji, who was captured at the same time he was, rented the house. He insisted that Ekhtiar Haji was not a commander and was not associated with Islami Gulbuddin.
• When asked why the house was raided Captive 1037 speculated that dissident elements had leveled false denunciations because they didn't like that he and Ekhtiar Haji worked for the Hamid Karzai government.
• Captive 1037 said the raid was at two oclock in the morning. Akhtiar Haji was the only other person present in the house when he was captured.
• Captive 1037 insisted he had never carried a gun before the ten days he worked as a security guard for the Hamid Karzai government.
• Captive 1037 disputed that there was a bolt-action rifle in the house where he was captured. He insisted there were no rifles in the house, whatsoever. He acknowledged there were bullets -- but of the ordinary kind, in an ammunition belt.
• When the factors that tied him to Hezb-e-Islami Gulbuddin captive 1037 insisted he had nothing to do with that group, and had never even heard of it, prior to his capture. He asked whether his Board were sure his dossier hadn't been mixed up with that of someone else.
• Captive 1037 replied to a direct question that that he supported the Karzai government, and did not support efforts to turn Afghanistan into a fundamentalist state.
• Captive 1037 disputed that the house he was captured in was a "Hezb-e-Islami Gulbuddin safe house". He asserted that the house was in a populated area, surrounded by government offices.
• Captive 1037 confirmed that he had come to Afghanistan to work as a security guard at a fuel depot, and man a roadblock, for the Hamid Karzai government. He confirmed that his force worked in alliance with the Americans.
• Captive 1037 answered that Bakht Haji recruited him to work for the Karzai government.
• Captive 1037 confirmed that he had traveled to Afghanistan legally, on a public bus.
• Captive 1037 was confused about the allegation that there was a heavy machine gun and a rocket launcher at his outpost. He repeated his suspicion that allegations from someone else's dossier had ended up in his dossier.
• In response to the allegation that he "had knowledge of" a rocket attack in Kabul captive 1037 asked how he could have that knowledge. He had only just arrived in Afghanistan, and had never been to Kabul. He reminded his Board that he was illiterate.

[edit] Response to Board questions

• Captive 1037 testified that he had run a vegetable stall in Pakistan. His older brother, a baker, convinced him to sell his stall.
• When captive 1037 was asked "Did you go to Afghanistan because of Haji Bakht or your parents? -- he replied:

On the advice of my parents. There were three of us, who spoke and decided to go work there. Bakht Haji was in Gardez, he lived there and he knew [sic] around so we went with him. Bakht Haji knew Ekhtiar Haji, he is his tribe member or his cousin or something. He rented another house, but the owner of the other house wanted the house, so he rented another house, which Ekhtiar Haji rented. I did not know Ekhtiar Haji, but I knew Bakht Haji. Because of him we were introduced to Ekhtiar Haji.

[edit] Captive 1037's oral statement

Before I waste any more time too much talking is not good. The case, the folder that you have, take it away it is not my case. What I am talking about right now, write it down and keep it with you, this is my case. If I say anything wrong or misinformed you, you can put me in jail for the rest of my life. Don't go through the trouble and send that to Washington, this is not my case. My case is what I am going to explain, this will be my case. If you don't want that, then write whatever you want, be happy and do whatever you want I have no problem. The mighty God brought me here and he will release me. What kind of case is that? You show me this case, what is my crime? If I walk around in America and stay with you for a night, you then get captured and tell them that I was yuor guest, that I was not aware of anything and I have no information. How would you answer? Why are you spending time here on me? Why did you bring me here? I am not a big guy to be here for three years. You released the big Taliban guys from here to go home, I haven't even been i Afghanistan long. You sent the big and rich guys home, but kept the poor guys here. Is that what you are doing here? I saw it with my own eye, I saw the Americans interrogating them, they were released and you keep the poor guy here. I came from Pakistan and didn't even spend one month in my own country when you brought me here. Is that sympathy for you? You put me here for three years? You keep doing al these trials and telling me that it will be over, why? Take me to the place that you captured me; if anybody knows me then you can do whatever you want. They will say that I was in Pakistan, I was selling vegetable and I had a vegetable shop. I don't see it very right, I see it very wrong that you will bring a very poor guy here and keep putting him to trial. It is not right.

[edit] Press reports

Canadian journalist, and former special assistant to US President George W. Bush, David Frum, published an article based on his own reading of the transcripts from the Combatant Status Review Tribunals, on November 11, 2006.^[10] It was Frum who coined the term "Axis of evil" for use in a speech he wrote for Bush. Chaman's transcript was one of the nine Frum briefly summarized. His comment on Chaman was:

"One detainee was apprehended in possession of a military identity card that named him as a member of an especially vicious Taliban militia. He explained that it was not his own card. It belonged to a friend who had asked him to hold it for him."

Frum came to the conclusion that all nine of the men whose transcript he summarized had obviously lied.^[10] He did not, however, state how he came to the conclusion they lied. His article concluded with the comment:

"But what’s the excuse of those in the West who succumb so easily to the deceptions of terrorists who cannot invent even half-way plausible lies?"

[edit] References

1. ^ ^{a b c d} list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ ^{a b} list of prisoners (.pdf), US Department of Defense, April 20, 2006
3. ^ ^{a b} Summarized transcripts (.pdf), from Nazargul Chaman'sCombatant Status Review Tribunal - pages 30-34
4. ^ Summarized transcript (.pdf), from Nazargul Chaman's Administrative Review Board hearing - page 51
5. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
6. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
7. ^ 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.
8. ^ OARDEC (13 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Nazargul, Chaman pages 34-35. United States Department of Defense. Retrieved on 2008-03-25.
9. ^ Summarized transcript (.pdf), from Nazargul Chaman's Administrative Review Board hearing - page 51-63 - September 2005
10. ^ ^{a b} David Frum. "Gitmo Annotated", National Review, November 11, 2006. Retrieved on April 23.