Umar Abdullah Al Kunduzi

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Umar Abdullah Al Kunduzi
Born: 1979 (age 28–29)
Kunduz, Afghanistan
Detained at: Guantanamo
ID number: 222
Conviction(s): no charge, held in extrajudicial detention

Umar Abdullah Al Kunduzi 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 222. Joint Task Force Guantanamo counter-terrorism analysts estimate that Al Kunduzi was born in 1979, in Kunduz, Afghanistan.

Contents

[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. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.
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.[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 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 Umar Abdullah Al Kunduzi's Combatant Status Review Tribunal, on 8 August 2004.[4] The memo listed the following allegations against him:

a. Detainee is associated with the Taliban and al-Qaida.
  1. Detainee admits to staying at the residence of a known Al-Qaida facilitator in Jalalabad, Afghanistan, whom he had previously met in Saudi Arabia.
  2. Detainee admits to travelling with armed Taliban forces to the Tora Bora region to escape US bombings.
b. Detainee engaged in hostilities against the US or its coalition partners.
  1. Detainee admits to traveling to Afghanistan from his home in Saudi Arabia either shortly before the attacks of September 11, 2001 or shortly thereafter.
  2. After Jalalabad fell to Northern Alliance forces, detainee admits to fleeing to the Tora Bora region with another known Al-Qaida figure where he sought refuge in a cave for approximately one month and was armed with a Kalishnikov rifle.
  3. Following his flight from Tora Bora, detainee was captured along with a number of other armed Arab men by Pakistani military forces after crossing the border from Afghanistan.

[edit] Transcript

Al Kunduzi chose to participate in his Combatant Status Review Tribunal.[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a three page summarized transcript from his Combatant Status Review Tribunal.[6]

[edit] Response to the allegations

  1. "With regard to the 1st Charge I did not confess that I met someone in Saudi Arabia. But I did say that I know him in Afghanistan."
  2. "With regard to the 2nd Charge I did not confess that I fought the Americans in Tora Bora or any other place. When I went with these people from Tora Bora I had no knowledge that they were Al-Qaida or Taliban members."
  3. "The Charge that I traveled from Saudi Arabia to Afghanistan should not be considered a charge because Afghanistan is my home country, I don't think this is a charge."
  4. "I did confess that I went from Tora Bora to Pakistan where I turned myself in, with a group of Arabs, Pakistanis, and Afghanistans. I did say I was given a Kalishnikov [sic] and I had it with me in the trench, the cave that we were sleeping in."
  5. "I did not know that they were an armed group till I hear [sic] it on the radio. I heard that there was a war on Tora Bora, on the radio they were talking about Al-Qaida members."

[edit] Response to Tribunal questions

  • Al Kunduzi confirmed that he returned home to Afghanistan after September 11, 2001.
  • Al Kunduzi confirmed that he stayed in a house in Jalalabad.
  • Al Kunduzi confirmed that he retreated with the other residents of that house when Kabul and Jalalabad fell to the Northern Alliance.
  • Al Kunduzi confirmed that other men, armed men, joined his group of refugees, and supplied them with weapons, and they drove to a cave, in the Tora Bora mountains, a two hour drive from Jalalabad.
  • Al Kunduzi confirmed that a month later everyone proceeded to the Pakistan border to surrender.
  • Al Kunduzi confirmed that there were no women or children were at the cave.

[edit] Administrative Review Board hearings

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".[7]

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.[8] 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

A Summary of Evidence memo was prepared for Umar Abdullah's first annual Administrative Review Board, on 24 January 2005.[9] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. After Jalalabad fell to Northern Alliance forces, detainee admits to fleeing to the Tora Bora region with another known al Qaida figure where he sought refuge in a cave for approximately one month and was armed with a Kalishnikov [sic] rifle.
  2. While in Tora Bora, the detainee carried a rocket-propelled grenade and was assigned the responsibility for preparing mortars for use as directed by the cave commander.
  3. The detainee and others were led out of the Tora Bora region by the leader of the Khalden training camp, who has been linked to Usama Bin Laden, Abu Zubaydah and several other major al Qaida leaders.
  4. While some people left their weapons behind as they were fleeing Tora Bora, the detainee chose to continue to carry his, along with three additional magazines.
  5. Following his flight from Tora Bora, detainee was captured along with a number of other armed Arab men by Pakistani military forces after crossing the border from Afghanistan.
b. Training
  1. The detainee attended a terrorist training camp.
  2. The detainee attended urban warfare camp at a training camp in the city of Murad Beek.
c. Connections/Associations
  1. The detainee was identified as a fighter for the Taliban against the Northern Alliance.
  2. The detainee was separately identified as fighting along with the Taliban and other Arab fighters aligned with Usama Bin Laden.
  3. The detainee was seen at various guesthouses in and around Kabul in the summer of 2001.
  4. Detainee admits to traveling with armed Taliban forces to the Tora Bora region to escape U.S. bombings.
  5. The detainee traveled from Saudi Arabia to Afghanistan along a route commonly used by al Qaida recruits: by air from Jeddah, Saudi Arabia to Bahrain to Doha, Qatar to Karachi, Pakistan; and by ground from Karachi, Pakistan to Peshawar, Pakistan to Jalalabad, Afghanistan.
  6. The detainee admits to staying at the residence of a known al Qaida facilitator in Jalalabad, Afghanistan.
  7. The detainee admitted that some of the people staying at this guesthouse had weapons.
d. Intent
  1. The detainee repeatedly expressed a desire to kill a military guard.
  2. The detainee stated that he really wanted to be let free so he could kill "bad" Americans.
  3. The detainee stated that while he has never had ill feelings for Americans prior to his detention, he has now developed particular contempt and disgust for America as a result of his detention and treatment while in custody.
e. CSRT
  1. The detainee admitted he had a Kalishnikov [sic] while staying in the cave in Tora Bora.
f. Other Relevant Data
  1. The detainee threw water on a guard protesting the treatment of another detainee.
  2. The detainee struck a guard while being unshackled.

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

a. CSRT
  1. The detainee stated he did not know the people he fled to Tora Bora with were members of al Qaida or Taliban.
b. Excuplatory
  1. The detainee stated that he went to Afghanistan to visit his familiy, not to fight.
  2. The detainee stated that he did not fight with al Qaida or the Taliban.
  3. The detainee stated that he was never recruited into the Taliban or al Qaida by anyone.
  4. The detainee denied that the names and phone numbers found on him when he was captured were those of al Qaida members; instead, they were of his brothers and friends.
c. Other Relevant Data
  1. The detainee stated he has an uncle who is a friend of General Dostum and is a supporter of the Northern Alliance.
  2. The detainee stated that if he were released he would simply return home and would not harm anyone unless they were the aggressor.

[edit] Transcript

Al Kunduzi chose to participate in his Administrative Review Board hearing.[10] In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a five page summarized transcript from his Administrative Review Board.[6]

[edit] Assisting Military Officer's notes

Al Kunduzi's Assisting Military Officer read notes he made during his interviews with Al Kunduzi. According ot his notes:

  • Al Kunduzi denied carrying a Rocket Propelled Grenade launcher.
  • Al Kunduzi denied preparing mortars.
  • Al Kunduzi denied being lead out of the cave by the leader of the Khalden Training Camp.
  • Al Kunduzi denied carrying a weapon and additional magazines when he fled Tora Bora.
  • Al Kunduzi denied that he was captured. He voluntarily surrendered.
  • Al Kunduzi pointed out that he was legally entitled to travel to Pakistan, that he had legitimate travel documents that entitled him to return to Pakistan.
  • Al Kunduzi denied ever expressing a desire to kill Guantanamo guards.
  • Al Kunduzi denied striking a guard while he was being unshackled. Al Kunduzi said the incident occurred a year and a half earlier, that he was the one who was struck, and that he had merely defended himself. He said that his finger was fractured during the incident.
  • Al Kunduzi stated that: "...if he were released he would never retaliate against Americans or anyone else even if they stuck him first."

[edit] Al Kunduzi's opening statement

Al Kunduzi made the following statement, under oath:

"First of all, all these allegations that are pointed at me, most of it [sic] , are not true. How it started [sic] , I left my country, which is Saudi Arabia [sic] to Afghanistan to visit some of my family. I came in [sic] a very legal route. I had my legal papers. I went to Jalalabad for three days only. I never went to Kabul. I did admit that I went from Jalalabad to Tora Bora with the intent that I wanted to go back to Pakistan. I did not really know or was aware mat I was going to Tora Bora though [sic] all these mountains. I did not know where I was going and that the country I went to was Tora Bora. After the fact I learned that through these mountains this is the route for Tora Bora. I did not know the route or the way through these mountains, but the people I was with they told me or informed me to stay here for now till we find another way to get out All this information that is stated that I had been though training and to fight, all this information are not true. I have no connection whatsoever with the Taliban or Al-Qaida. I never wanted to be in trouble. I never wanted to make any problems with anybody or with any country. Most of the people mat were captured at this time were mistaken, they were captured by mistake, and I believe I am one of them. I was captured by mistake. That is all I have to say."

[edit] Response to Board questions

  • Al Kunduzi testified that although he was officially a citizen of Afghanistan, because his parents were guest workers in Saudi Arabia, he had only traveled to Afghanistan once.
  • Al Kunduzi testified that he did not consider himself an extremist.
  • Al Kunduzi testified that if he was released he wanted to go back to Afghanistan, get a job, and live a simple, normal life, and live in peace.
  • When asked if he had a trade Al Kunduzi said he had worked in his father's restaurant in Saudi Arabia.
  • Al Kunduzi said he didn't know any of the people he traveled with when they went through Tora Bora.
  • When asked how he could travel with people he didn't know Al Kunduzi explained:
"When I Left from Pakistan to Afghanistan, I met one guy, one Arabic guy. He took me to his guesthouse or his house. It was really coincidence meeting with him. This Arabic guy or man, he knew Farsi and when he learned Farsi is my language and I speak it. So, we started talking to each other on the bus, this is how I met him."
  • Al Kunduzi explained that he fled because he heard the Northern Alliance was killing innocent people.
  • When Al Kunduzi was asked if he had any final reasons the Board should not consider him a threat to the USA he replied:
"Because, I am innocent I never ever thought to have any relation with Al Qaida or Taliban. I never had any intentions to kill Americans. I never had any problems with Americans."

Al Kunduzi had a final question for the Board's Presiding Officer.

Detainee:' Sir, I still have one more question, I need to ask.
Presiding Officer: Go ahead.
Detainee: The Designated Military Officer said he had closed session; he will have a closed session with you. This closed session I won't be here and I wouldn't know about it How could I defend myself against these closed sessions?
Presiding Officer: This closed session, classified material is presented and I cannot let you see that classified material.
Detainee: This is pertaining to me, to my case.
Presiding Officer: I cannot let you see classified material that has been classified by the United States Government I cannot allow you to see this.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Umar Abdullah Al Kunduzi's second annual Administrative Review Board, on 6 February 2006.[11] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. After Jalalabad fell to the Northern Alliance Forces, the detainee admitted ot fleeing to the Tora Bora region with another known al Qaida member. The detainee sought refuge in a cave for approximately one month and was armed with a Kalishnikov rifle.
  2. While in Tora Bora, the detainee carried a rocket-propelled grenade and was assigned the responsibility for preparing mortars for use as directed by the cave commander.
  3. The detainee and others were led out of the Tora Bora region by the leader of the Khalden Traing Camp, who has been linked to Usama Bin Laden and other major al Qaida leaders.
  4. While some people left their weapons behind as they were fleeing Tora Bora, the detainee chose to continue to carry his, along with three additional magazines.
b. Training
  1. The detainee attended the Khalden Training Camp where he received military training in the late 1990's [sic] .
  2. The detainee attended urban warfare training at a training camp in the city of Murad Beek.
c. Connections/Associations
  1. The detainee is familiar with al Qaida, two major al Qaida facilitators, and the leader of the Khalden Training Camp.
  2. The detainee was identified as a fighter for the Taliban against the Northern Alliance.
  3. The detainee was separately identified as fighting along wiht the Taliban and other Arab fighters aligned with Usama Bin Laden.
  4. The detainee was seen at various guesthouses in and around Kabul in the summer of 2001.
  5. The detainee admitted ot traveling with armed Taliban forces to the Tora Bora region to escape U.S. bombings.
  6. The detainee traveled from Saudi Arabia to Afghanistan along a route commonly used by al Qaida recruits: by air from Jeddah, Saudi Arabia to Bahrain to Doha, Qatar to Karachi, Pakistan; by ground from Karachi, Pakistan to Peshawar, Pakistan to Jalalabad, Afghanistan.
  7. The detainee admitted to staying at the residence of a known al Qaida facilitator in Jalalabad, Afghanistan. The detainee admitted that some of the people staying at the guesthouse had weapons.
  8. The detainee had the names and phone numbers of al Qaida members with him when he was captured.
d. Intent
  1. The detainee repeatedly expressed a desire to kill a military guard.
  2. The detainee stated that he really wanted to be let free so he cuold kill "bad" Americans.
  3. The detainee stated that while he has never had ill feelings for Americans prior to his detention, he has now developed particular contempt and disgust for America as a result of his detention and treatment while in custody.
e. Other Relevant Data
  1. The detainee admitted that he had a Kalishnikov while staying in the cave in Tora Bora.
  2. The detainee three water on a guard in protesting the treatment of another detainee.

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

a.

The detainee stated he did not know the people he fled to Tora Bora with were members of al Qaida or the Taliban.
b.

The detainee stated that he went to Afghanistan to visit his familiy, not to fight.
c.

The detainee stated that he did not fight with al Qaida or the Taliban.
d.

The detainee stated that he was never recruited into the Taliban or al Qaida by anyone.
e.

The detainee stated he has an uncle who is a friend of General Dostum and is a supporter of the Northern Alliance.
f.

The detainee stated that if he were released he would simply return home and would not harm anyone unless they were the aggressor.

[edit] Current location

As of March 18, 2008 the Washington Post lists Umar Abdullah Al Kunduzi as still in detention in Guantanamo.[12]

[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. ^ OARDEC (8 August 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Kunduzi, Umar Abdullah page 40. United States Department of Defense. Retrieved on 2008-05-05.
  5. ^ OARDEC (date redacted). Summarized Statement pages 75-77. United States Department of Defense. Retrieved on 2008-05-05.
  6. ^ a b "US releases Guantanamo files", The Age, April 4, 2006. Retrieved on 2008-03-15. 
  7. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
  8. ^ Army Sgt. Sarah Stannard. "OARDEC provides recommendations to Deputy Secretary of Defense", JTF Guantanamo Public Affairs, October 29, 2007. Retrieved on 2008-03-26. 
  9. ^ OARDEC (24 January 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Abdullah, Umar pages 60-62. United States Department of Defense. Retrieved on 2008-05-05.
  10. ^ OARDEC (date redacted). Summary of Administrative Review Board Proceedings of ISN pages 55-59. United States Department of Defense. Retrieved on 2008-05-05.
  11. ^ OARDEC (6 February 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Kunduzi, Umar Abdullah pages 40-42. United States Department of Defense. Retrieved on 2008-05-05.
  12. ^ "Names of the Detained in Guantanamo Bay, Cuba", Washington Post. Retrieved on 2008-03-18.