| Mohabet Khan | |
|---|---|
| Born | 1972 or 1986 (age 25–26) ? |
| Arrested | 2002-12 Afghanistan American forces |
| Released | 2006-10-11 Afghanistan |
| Citizenship | Afghanistan |
| Detained at | Guantanamo |
| ISN | 909 |
| Alleged to be a member of | Samoud Khan group |
| Charge(s) | no charge (held in extrajudicial detention) |
| Status | his release was not due to an OARDEC recommendation |
| Occupation | construction worker |
Mohabet Khan is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internment Serial Number was 909. American intelligence analysts estimates he was born in 1972.
According to Deparmtent of Defense records Mohabet Khan was transferred to Guantanamo on March 7, 2003, and repatriated to Afghanistan on October 11, 2006.[2][3][4] Mohabet Khan was captured on December 11, 2002.[5][6]
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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.
A two-page Summary of Evidence memo was prepared for his CSR Tribunal on October 27, 2004 [10] The allegations Khan faced during his Tribunal were:
- The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners:
- The detainee was born in Mansira District of Peshawar, Pakistan.
- The detainee stayed in the Brigade Center in Charkala, Pakistan.
- The Mousauwal (Samoud KhanSamoud's) Compound was run by the Detainee's uncle.
- The detainee, armed with an AK-47 rifle, stood guard at Samoud's compound, which is a military style compound with suspected anti-American fighters.
- Everyone at Samoud's compound carried an AK-47.
- The Detainee was instructed by the commander to fight the US forces when they came to the headquarters.
- On 11 December 2002, the Detainee and other men were instructed by the commander to lock the compound, move to the roof, and fight the American forces to the death.
- On the morning of 11 December 2002, the commander directed the men in the camp to shoot the U.S. forces before they enter the compound.
- Men from the Mousauwal Compound fired rockets at the Gardez Fire Base from firing positions on Laywan Mountain.
- Men from the Mousauwal Compound attempted to fire rockets at the Gardez Fire Base from the old Soviet airfield north of Gardez, but the Americans discovered the site before the rockets could be fired.
- The Detainee was arrested by U.S. forces, during a raid of Samoud's compound in Afghanistan.
- At the time of his arrest, the Detainee had in his possession a Kalashnikov rifle with three magazines.
Khan 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 an eleven page summarized transcript from his Combatant Status Review Tribunal.[11]
Detainees who were determined by their CSR Tribunals 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.
There is no record that Mohabet Khan had a Summary of Evidence memo drafted to prepare for annual reviews in 2005 or 2006.[12][13] There is no record that his repatriation was the result of a recommendation from the Office for the Administrative Review of Detained Enemy Combatants.
Mohabet Khan had a habeas corpus petition filed on his behalf, Civil Action 05-cv-1010.[14]
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