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Mohammed Nasim (Guantanamo captive 849)

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Mohammed Nasim is a citizen of Afghanistan (WP) who was held prisoner illegally, without due process (WP) and, in a subversion of international law (WP), in what the United States (WP) calls extrajudicial detention (WP) in the United States Guantanamo Bay detainment camps (WP), in Cuba (WP).[1] Mohammed Nasim's Guantanamo Internment Serial Number was 849. American intelligence analysts report that Mohammed Nasim was born in 1980, in Megan, Afghanistan.

Mohammed Nasim was captured in Afghanistan in October 2002 and transferred to Afghanistan on October 11, 2006.[2]

There is reason to doubt the admissions of guilt in Nasim's testimony, due to the torture during custody that he alleges. He testifies that he was coerced by Shir Jan and Ghulam Ali into assisting them in firing two rockets at Lashkar Khan's house, an assassination (WP) attempt. This is equivalent, with numerous qualifying factors in his favor, to the United States use of Reaper 9 (WP) drone strikes against their enemies, which is verging on war crime (WP) heinousness. After all, the instigation of World War I rested on the outrage, both real and fabricated, against an assassination.

Evidence toward the other charges against him is solely composed of testimony by one whom investigative journalist, author, filmmaker and Guantanamo expert Andy Worthington (WP) calls a "fantasist"; one whose testimony has been proven false on numerous occasions.[3]

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Mohammed Nasim (Guantanamo captive 849)

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Even if they were true, by contrast with assassination, the other charges against him seem trifling; by the current international community's standard, no worse than any other soldier in war. The US strategy here seems to be guilt by association, in a long chain of very weak links. Al Quaeda is evil because they attacked the civilian World Trade Center (despite no definitive proof of this, the fact that it is also a capitalist (WP) target, and the Pentagon military target is conveniently forgotten). The Taliban is evil because they associate with Al Qaeda, although there is little to this either. And so anyone who fights with the Taliban must be evil, even though they are doing the same as any other army in war, including those they are fighting against.

Furthermore, even if Nassim's activities were not in fact coerced by Taliban members, he and Taliban fighters in general, who attacked those who invaded their country would be best described as partisans (WP), non-professional soldiers who volunteer to defend their country from direct attack (and in this case, as in the Crusades, an attack of adventurism (WP), as shown by the Seven countries in five years article, and the evidence that US Afghan military bases are placed to defend the oil pipeline from the north[4]) better than as regular army units.

In this case, as in so many others, the Bush administration's definition of "enemy combatants" (WP) as distinct from prisoners of war can be seen as no less than an attempt to subvert international law, inasmuch as their prisoners are no more than prisoners of war.

Even the military tribunal seemed convinced of the paucity of evidence against Hashim, as he was the first to have his status changed, other than prisoners to whom federal judges gave status changes.[5]


Wikipedia:Combatant Status Review Tribunals were held in a 3 x 5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[6][7] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[8]

McClatchy interview[edit]

On June 15, 2008 the McClatchy News Service published articles based on interviews with 66 former Guantanamo captives. McClatchy reporters interviewed [9][10][11][12][13][14][15]

Nassim told his McClatchy interviewer that he had been a brick-maker and day laborer, before he became a policeman for the Wikipedia:Hamid Karzai administration.[15] He said becoming a policeman had triggered the false denunciation that got him sent him first to Bagram and then to Guantanamo.

Nassim described being tortured in custody.[15] He said during his week in Afghan custody he had his toenails torn out. He said he was suspended from his wrists chained to the ceiling in Bagram, with only his toes making contact with the floor.[16]

According to the McClatchy report his former boss in the Police service, and a senior tribal elder who knew him, both confirmed Nassim's account of being framed.[15]


BBC interview[edit]

The Wikipedia:BBC published a story based on an interview with Mohammed on Jun 24 2009.[17] Mohammed described being left a mental and physical wreck by his stay in US captivity. He described being hooked up to "an electric machine", without explanation, and fearing that he was going to be electrocuted.

"I was scared and thought I was going to be electrocuted-Mohammad Nasim

Mohammed's account of his capture differed from the one drafted by Wikipedia:OARDEC.[17] He said he was arrested during a night-time surprise raid on his home.

Mohammed described brutal beating while in US custody.[17] The BBC repeated Mohammed's description of the diet at Guantanamo -- "dry bread, boiled beans, carrots and spinach." This account is at odds with the DoD's description of the captives' menu.

The article described Mohammed's children crying because they were terrified by any mention of Guantanamo or Bagram.[17]

Combatant Status Review Tribunal[edit]

Initially the Bush administration asserted that they could withhold all the protections of the Wikipedia:Geneva Conventions to captives from Wikipedia:the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct Wikipedia:competent tribunals to determine whether captives are, or are not, entitled to the protections of Wikipedia:prisoner of war status.

Subsequently the Department of Defense instituted the Wikipedia:Combatant Status Review Tribunals (WP). 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 Wikipedia:enemy combatant.

Summary of Evidence memo[edit]

A Summary of Evidence memo was prepared for Mohammed Nasam's Combatant Status Review Tribunal on 8 November 2004.[18] The memo listed the following allegations:

a. The detainee is a member of the Taliban:
  1. The detainee attended a Taliban training camp.
  2. The detainee worked for a Taliban Commander and was part of a special forty-man unit.
  3. The detainee trained with light weapons, machine guns and missiles.
  4. When arrested by Afghanistan Military Forces, the detainee had in his possession the following items: rockets, a circuit tester, Russian artillery officer's compass, and rocket mortars.
b. The detainee participated in military operations against the United States and its coalition partners:
  1. Late on 16 October 2002, the detainee was arrested by the Nangarhar Province chief of public security as the detainee, and three of his cohorts, was preparing to launch BM-12 rockets at Jalalabad.
  2. The detainee took responsibility for the 28 August 2002, BM-12 attack launched at the Jalalabad Airport, which impacted near U.S. Troops.
  3. The detainee assisted in firing two rockets towards the home of an Afghanistan government police official.
  4. The detainee fought directly against U.S. forces in Jalalabad, Afghanistan and had been with the Taliban for five to six years.



Transcript[edit]

Nasim chose to participate in his Combatant Status Review Tribunal.[19]

Administrative Review Board[edit]

Detainees whose Wikipedia:Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Wikipedia:Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.[20]

Summary of Evidence memo[edit]

A Summary of Evidence memo was prepared for Mohammed Nasim's annual Administrative Review Board on 5 August 2005.[21]

The following primary factors favor continued detention

a. Commitment
  1. Detainee admitted to being responsible for the 28 August 2002 rocket attack at Jalalabad Airport, which struck close to a team of U.S. Army soldiers.
  2. Detainee was captured with a Russian artillery officer's compass, a blasting circuit tester and three rocket motors.
  3. Source reporting states the detainee was pro Taliban and was the former governor of Zabul province, during the time the Taliban was in power.
b. Training
  1. Detainee stated he was trained by Shir Jan to fire rockets.
  2. Detainee was witnessed at a training camp south of Kandahar near the Shorandam Mountain. According to the individual who witnessed the detainee at the camp, the detainee was supposed to attend missile training at an Arab training camp.
c. Connections/Associations
  1. Reporting states the detainee was a former Hezb-e Islami Gulbuddin commander.
  2. Hezb-e Islami Gulbuddin (HIG) has long established ties with Usama Bin Laden. HIG was known to have several terrorist training camps in Afghanistan and was the pioneer in sending mercenary fighter to other Islamic conflicts. The founder of HIG was known to have sheltered Usama Bin Laden after he fled the Sudan. HIG has staged small attacks in its attempt to force U.S. troops to withdraw from Afghanistan.
  3. Detainee has been connected to Shir Jan.
  4. Shir Jan is a known anti-American and is responsible for recruitment of operatives in actions against U.S. and coalition forces. Shir Jan was directly involved in the 28 August 2002 rocket attack on Jalalabad, Afghanistan.
d. Intent
  1. Afghan Officials decided to arrest the detainee when they discovered that he was on the verge of launching another attack.
  2. Reporting states the detainee fought directly against U.S. forces in Jalalabad, Afghanistan and has been with the Taliban for 5-6 years.
e. Other Relevant Data
  1. While at Guantanamo Bay Naval Station, Cuba, the detainee has been witnessed by MP's acting as a lookout.
  2. Detainee has assaulted Guantanamo Bay MP's.
  3. Detainee has participated in riots in the camp at Guantanamo Bay.
  4. Detainee has been witnessed by Guantanamo Bay MP's practicing his martial arts.


The following primary factors favor release or transfer

Detainee claims their rockets were not powerful enough to kill a chicken, because they were so weak.


Transcript[edit]

Nasim chose to participate in his Administrative Review Board hearing.[22]

Enemy Combatant Election Form[edit]

Mohammed Nasim's Assisting Military Officer met with him, on August 16, 2005, for 65 minutes. His Assisting Military Officer described him as being polite and cooperative throughout the interview.

Board recommendations[edit]

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Wikipedia:Gordon England, the Designated Civilian Official.[23][24] The Board determined he "continues to be a threat". The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 5 November 2005.


See also[edit]

References[edit]

  1. Wikipedia:OARDEC. List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. Wikipedia:United States Department of Defense. URL accessed on 2007-09-29.
  2. The New York Times. http://projects.nytimes.com/guantanamo/detainees/849-mohammed-nasim. </li>
  3. http://www.andyworthington.co.uk/2011/10/25/the-complete-guantanamo-files-wikileaks-and-the-prisoners-released-in-2006-part-nine-of-ten/
  4. Democracy Now!, early 2012
  5. www.cleveland.com/world/index.ssf/2010/01/us_moves_to_prosecute_1_guanta.html "The Hashim case marked the first about-face in a military commissions prosecution that was not mandated by a federal judge".
  6. Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:New York Times, November 11, 2004 - mirror
  7. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Financial Times, December 11, 2004
  8. Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.
  9. Wikipedia:Tom Lasseter (June 15, 2008). "Guantanamo Inmate Database: Page 2". Wikipedia:McClatchy News Service. http://services.mcclatchyinteractive.com/detainees?page=3. Retrieved 2008-06-16. mirror </li>
  10. Wikipedia:Tom Lasseter (Wednesday June 18, 2008). "U.S. hasn't apologized to or compensated ex-detainees". Wikipedia:Myrtle Beach Sun. http://www.myrtlebeachonline.com/611/story/491372.html. Retrieved 2008-06-18. mirror </li>
  11. Wikipedia:Tom Lasseter (June 15, 2008). "Pentagon declined to answer questions about detainees". Wikipedia:McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38771.html. Retrieved 2008-06-20. mirror </li>
  12. Wikipedia:Tom Lasseter (June 16, 2008). "Documents undercut Pentagon's denial of routine abuse". Wikipedia:McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38776.html. Retrieved 2008-06-20. mirror </li>
  13. Wikipedia:Tom Lasseter (June 19, 2008). "Deck stacked against detainees in legal proceedings". Wikipedia:McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38887.html. Retrieved 2008-06-20. mirror </li>
  14. Wikipedia:Tom Lasseter (June 16, 2008). "U.S. abuse of detainees was routine at Afghanistan bases". Wikipedia:McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38775.html. Retrieved 2008-06-20. mirror </li>
  15. 15.0 15.1 15.2 15.3 Wikipedia:Tom Lasseter (2008-06-15). "Guantanamo Inmate Database: Mohammed Nassim". Wikipedia:McClatchy News Service. http://detainees.mcclatchydc.com/detainees/39. Retrieved 2008-06-15. mirror </li>
  16. http://detainees.mcclatchydc.com/mi_services/gitmo/detainees/39
  17. 17.0 17.1 17.2 17.3 "Afghan ex-prisoner speaks of fear". Wikipedia:BBC News. 2009-06-24. http://news.bbc.co.uk/2/hi/south_asia/8116616.stm. Retrieved 2009-05-25. </li>
  18. Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Nasam, Mohammed. Wikipedia:United States Department of Defense. URL accessed on 2008-07-29.
  19. [[[:Template:DoD detainees ARB]] Summarized transcripts (.pdf)], from Mohammed Nasim's Wikipedia:Combatant Status Review Tribunal - pages 10-18
  20. Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. URL accessed on November 12, 2010.
  21. Wikipedia:OARDEC. Unclassified Summary of Evidence for Administrative Review Board in the case of Nasim, Mohammed. Wikipedia:United States Department of Defense. URL accessed on 2008-07-29.
  22. [[[:Template:DoD detainees ARB]] Summarized transcript (.pdf)], from Mohammed Nasim's Wikipedia:Administrative Review Board hearing - page 54
  23. Wikipedia:OARDEC. Administrative Review Board assessment and recommendation ICO ISN 849. Wikipedia:United States Department of Defense. URL accessed on 2008-07-30.
  24. Wikipedia:OARDEC. Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 849. Wikipedia:United States Department of Defense. URL accessed on 2008-07-30.
  25. </ol>

External links[edit]

Template:Afghanistan War

Template:WoTPrisoners