| Fizaulla Rahman | |
|---|---|
| Born | 1979 (age 32–33) (estimated) Sancharak, Afghanistan |
| Detained at | Guantanamo |
| ISN | 496 |
| Charge(s) | No charge (extrajudicial detention) |
| Status | Repatriated |
Fizaulla Rahman is a citizen of Afghanistan who is still held in extrajudicial detention after being transferred from United States Guantanamo Bay detainment camps, in Cuba — to U.S. supervised imprisonment in Afghanistan.[1][2]
His Guantanamo Internment Serial Number was 496. American intelligence analysts estimate that Rahman was born in 1979, in Sancharak, Afghanistan.
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While American intelligence analysts estimate that Rahman was born in 1979, he told his tribunal he was "very young" when he was kidnapped by the Taliban.
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.[6] 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.
A Summary of Evidence memo was prepared for Combatant Status Review Tribunal on September 8, 2004.[7]
- a. The detainee is a Taliban fighter:
- The detainee admitted he worked for the Taliban government in Afghanistan.
- The detainee was placed in charge of the Taliban Office of Intelligence, Division #2 in Mazar-e-Sharif [sic], Afghanistan.
- The detainee worked, as chief of the Taliban Office of Intelligence for five months.
- The detainee's duties included providing security as a guard for the Taliban Office of Intelligence building in Mazar-e-Sharif [sic].
- The detainee was in charge of his section of the office and had two people working for him.
- b. The detainee participated in military operations against the coalition.
- The detainee sustained shrapnel wounds on his wrist and shoulder from sometime in 2000.
- The detainee was captured by General Dostum's Northern Alliance forces.
Rahman chose to participate in his Combatant Status Review Tribunal.[8] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a summarized transcript from his Combatant Status Review Tribunal.[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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.
A Summary of Evidence memo was prepared for Fizaulla Rahman's first annual Administrative Review Board on July 20, 2006.[10]
Rahman chose to participate in his Administrative Review Board hearing.[11]
On November 25, 2008, the Department of Defense published a list of the captives' departure dates.[12] According to the list Fizaulla Rahman was repatriated on November 2, 2007. Seven other Afghans were repatriated that day, two Jordanian captives and one Libyan captive.
The Center for Constitutional Rights reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison near Kabul.[2]
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