| Mohammed Rafiq | |
|---|---|
| Born | 1980 (age 31–32) Kabal, Pakistan |
| Detained at | Guantanamo |
| ISN | 495 |
| Charge(s) | No charge (extrajudicial detention) |
| Status | Repatriated |
Mohammed Rafiq is a citizen of Pakistan, who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 495. American intelligence analysts estimate Rafiq was born in 1980, in Kabal, Pakistan.
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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.[5] 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.
To comply with a Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Mahmmoud Omar Mohammed Bin Atef was one of those 169 detainees.[6]
The allegations Rafiq faced, during his Tribunal, were:
- a. Detainee is a member of the Taliban.
- Detainee joined the Taliban to fight against the Northern Alliance and United States.
- Detainee stated that he attended an anti-western rally and then joined the jihad against the Americans.
- Detainee claims to be connected with the Tarik Nafaz SharIati Muhammed Molakand Organization (TNSIMM) or Tarik Nafaz Shariati Muhammedi Molakan Danija (TNSMMD) which brought over five thousand people to Mazer-E-Sharif from Pakistan for Jihad in November of 2001.
- The Tarik Nafaz Shariati Muhammedi Molakan Danija is a Pakistan based Islamic militant group that is based in the Northeast portion of Pakistan that was sent to Mazer-E-Sharif to fight with the Taliban forces.
Rafiq chose to participate in his Combatant Status Review Tribunal.[7]
Mohammed Rafiq was repatriated with 34 other Pakistanis on September 17, 2004.[8] He was one of the first captives to have been repatriated following a CSR Tribunal. Almost all of the other men had not gone through a CSR Tribunal.
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