Nasibullah | |
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Born | 1967 (age 44–45) Jalazai, Afghanistan |
Detained at | Guantanamo |
Charge(s) | no charge, held in extrajudicial detention |
Status | Determined not to have been an enemy combatant after all |
Nasibullah (also transliterated as Naibullah Darwaish) is a citizen of Afghanistan who was held in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 1019. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1967, in Jalazai, Afghanistan.
Nasibullah was transferred to Afghanistan on April 18, 2005.[2]
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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 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.
Nasibullah chose to participate in his Combatant Status Review Tribunal.[5]
- a. The detainee is associated with forces allied with al Qaida and the Taliban.
- Until the time of his detention, the detainee was serving as the security command for the Shinkai district, Zabol Province, Afghanistan.
- The governor of the Zabol district appointed the detainee to the security commander position.
- The detainee and the governor fought together for years with the Mujahdeen against the Russians.
- The governor is Taliban and has ties to Hezb-e-Islami Gulbuddin (HIG).
- The HIG is a terrorist organization with ties to Usama Bin Laden.
- The detainee had under his control, a stockpile of weapons that included assault weapons, RPG’s with ammunition, mortars, and landmines.
- The detainee possesses detailed knowledge of Taliban and HIG plans and organization.
The Washington Post reports that Nasibullah was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.[6] They report that Nasibullah has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.
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