Shardar Khan is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Shardar Khan's Guantanamo Internment Serial Number was 914. American intelligence analysts estimate that Shardar Khan was born in 1982, in Gardez, Afghanistan.
Shardar Khan was transferred to Afghanistan on October 11, 2006.[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.
Shardar Khan chose to participate in his Combatant Status Review Tribunal.[3]
The allegations Shardar Khan faced during his Tribunal were:
- a. The detainee is associated with the Taliban and/or al Qaida.
- The detainee stated he worked as a bodyguard for Samoud.
- The detainee trained, including training with the Kalashnikov, to be part of the infantry supporting Samoud.
- The detainee was assigned two weapons.
- The detainee was captured by U.S. Forces at Samoud's compound with a Kalashnikov,
- The detainee fired about 50 to 60 rounds from a machine gun as a soldier in support of one of Samoud's operations.
- The detainee stated Samoud was responsible for rocket attacks against U.S. forces at the Gardez Fire Base while the detainee worked for him.
- Samoud is an Anti-Coalition Movement (ACM) operative.
- Samoud is reported to be an al Qaida cell leader.
- Samoud has been implicated in attacks against U.S. forces.
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