Mohammed Quasam

Mohammed Quasam (born c. 197?) 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 detainee ID number is 955.

U.S. intelligence analysts estimate he was born in 1977, in Bamian [sic], Afghanistan.

Contents

Combatant Status Review Tribunal

ged 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.

Allegations

A memorandum summarizing the evidence against Quasam prepared for his Combatan Status Reiew Tribunal, was among those released in March 2005.[6] The allegations Quasam faced during his Tribunal were:

a. The detainee is associated with an organization engaged in hostilities against the United States and its coalition partners:
  1. The detainee was identified as ############ Hisb-I Islami Gulbuddin (HIG) operations in Jalalabad, Nangarhar Province, Afghanistan.
  2. HIG has been designated as a terrorist organizaiton by the United States Department of Homeland Security.
  3. The detainee attended a meeting in Pakistan with other leaders of HIG and the Taliban to discuss operations against the United States Forces in December 2002.
  4. ############# was the ################## ################## for the Taliban in Zormat Afghanistan.

Transcript

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

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 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.

Quasam participated in his Administrative Review Board hearing.[8]

Transfer to U.S. supervised imprisonment in Afghanistan

On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.[9] According to that list he 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]

References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ a b "International Travel". Center for Constitutional Rights. 2008. http://ccrjustice.org/files/CCR_Annual_Report_2008.pdf. Retrieved 2009-03-13. "CCR attorney Pardiss Kebriaei traveled to Kabul to follow the situation of Guantánamo prisoners being returned to Afghanistan. Since April 2007, all such prisoners have been sent to a U.S.-built detention facility within the Soviet era Pule-charkhi prison located outside Kabul."  mirror
  3. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  5. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  6. ^ Summary of Evidence memo (.pdf) prepared for Mohammed Quasam's Combatant Status Review Tribunal - October 4, 2004 - page 123
  7. ^ Summarized transcripts (.pdf), from Mohammed Quasam's Combatant Status Review Tribunal - pages 78-83
  8. ^ Summarized transcript (.pdf), from Mohammed Quasam's Administrative Review Board hearing - pages 23-29
  9. ^ OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. 

External links