Difference between revisions of "Mohamed Anwar Kurd"

Latest revision as of 22:16, 22 August 2012

Mohamed Anwar Kurd is a citizen of Wikipedia:Iran held in Wikipedia:extrajudicial detention in the United States Guantanamo Bay detainment camps (WP), in Cuba (WP) ^[1] Kurd's Guantanamo detainee ID number 676. The Department of Defense reports that Kurd was born on March 4 (WP) Wikipedia:1979, in Wikipedia:Zahedan, Iran.

Combatant Status Review Tribunal[edit]

Combatant Status Review Tribunals were held in small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair.^[2][3] A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press; three chairs were reserved for members of the press.^[4] In practice, most Tribunals went unobserved; the Tribunal only intermittently told the press that Tribunals were being held, and when they did they kept the detainee's identities secret. Only 37 of the 574 Tribunals were observed^[4][2][3][4] Navy photo by Photographer’s Mate 1st Class Christopher Mobley

Main article: Combatant Status Review Tribunal

Originally the Bush (WP) Presidency asserted that captives apprehended in the wars for capitalism and oil, known as the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.^[5] They were not offered the protections afforded by criminal law either, leaving them in a legal limbo through years of detention. Critics argued that the USA could not evade its obligations, and to keep the Geneva Conventions at arms' length, the concept of competent tribunals was invented, tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

The Department of Defense instituted the Combatant Status Review Tribunals (WP). The Tribunals, however, were not authorized to determine whether the captives were lawful combatants, again to avoid the Geneva Conventions standards -- 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, further attempting to institutionalize a standard that stood against the consensus of international law.

Critics mounted legal challenges to this policy. Justice James Robertson ruled that the United States was obliged under article 5 of the Wikipedia:third Geneva Conventionthird Geneva Convention to treat all prisoners as lawful combatants, who would be entitled to prisoner of war status, unless a "competent tribunal" had determined that they were not lawful combatants.

The policies of the tribunals themselves were also challenged by the Judicial branch. In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

The released prisoners are arrogantly, even absurdly called "No longer enemy combatants" (WP); an attempt to make numerous issues, including illegal arrest and holding without trial, disappear in plain sight.

Summary of Evidence memo[edit]

A Summary of Evidence memo was prepared for Mohamed Anwar Kurd's Combatant Status Review Tribunal.^[6] The memo listed the following allegations against him:

a. The detainee is a Taliban fighter: The detainee trained at the Qulio Urdo Taliban training camp in Wikipedia:Kandahar, AF. The detainee was trained to use an Wikipedia:AK-47 assault rifle at the Qulio Urdo Taliban training camp. b. The detainee participated in military operations against the coalition. The detainee spent over two weeks at the front lines in Wikipedia:Khanabad. The detainee was arrested by Wikipedia:Northern Alliance forces in Afghanistan (WP).

There is no record that Kurd chose to participate in his Combatant Status Review Tribunal.

Administrative Review Board hearing[edit]

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".^[7]

Following the Supreme Court's ruling that prisoners the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.^[5] Gul attended his Combatant Status Review Tribunal.^[8]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board (WP) hearings.^[9] The US government, careful to avoid the standards of international law, made a point of declaring that Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, as this would have invoked the Geneva Convention standards. They further distanced the ARB boards from international consideration by distancing the ARB boards from the CSRT and the government's own definition of "enemy combatant", by not authorizing the ARB boards to review whether a detainee should have been classified as an "enemy combatant".

They were set on a purely opportunistic venture to assess the government's self interest, in the manner of the villain holding a gun to a hostage's head and saying, "don't make me do this". "If we do the right thing and release these prisoners, the board asked, "will we be inconveniencing ourselves?" And so they considered 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.^[10]

Summary of Evidence memo[edit]

A Summary of Evidence memo was prepared for Mohamed Anwar Kurd's Administrative Review Board, on Wikipedia:11 February Wikipedia:2005.^[11] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:[edit]

a. Training In October 2001, the detainee traveled into Afghanistan and received Wikipedia:AK-47 training at the Wikipedia:Taliban's Wikipedia:Qulio Urdo training camp in Wikipedia:Kandahar, Wikipedia:Afghanistan. b. Connections/Association During the few months the detainee was in Afghanistan, he stayed in at least three Taliban guesthouses in Wikipedia:Kabul, Taloqan Wikipedia:Taloqan, and Wikipedia:Konduz. c. Intent The detainee is a Wikipedia:Sunni Muslim who planned to assassinate two key Wikipedia:Shia leaders in Wikipedia:Zahaden, Wikipedia:Iran. The detainee traveled from Iran to Afghanistan approximately one week before hostilities began. The detainee went to Afghanistan to buy a pistol in order to kill the three individuals responsible for destroying his mosque. d. Other Relevant Data The detainee is familiar with smuggling routes between Iran and Afghanistan, though he claims this is because he has family in the area and has seen smugglers go through the area. The detainee was arrested by Northern Alliance forces in Afghanistan.

The following primary factors favor release or transfer:[edit]

a.	The detainee stated that he traveled into Afghanistan to purchase electronic equipment for his brother because it is cheaper in Afghanistan than in Iran and can be resold for a profit.
b.	The detainee was conscripted by the Taliban after he was caught in Afghanistan. When he was stopped, he did not want to tell them that he was from Iran as he had heard that they had killed Iranian diplomats. The Taliban seized the money that he had with him to purchase electronics.
c.	The detainee denied having any knowledge of the attacks in the U.S. prior to their execution on September 11th, and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.

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.^[12][13] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized transfer on Wikipedia:April 22 2005 (WP.

Repatriation[edit]

Three men Wikipedia:Maroof Saleemovich Salehove, Wikipedia:Karam Khamis Sayd Khamsan and Wikipedia:Mohamed Anwar Kurd were sent home on 19 August 2005.^[14] The other two men had been determined never to have been enemy combatants in the first place.

References[edit]

1. ↑ list of prisoners (.pdf), Wikipedia:US Department of Defense, Wikipedia:May 15 Wikipedia:2006
2. ↑ ^{2.0 2.1} Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:Wikipedia:New York Times, Wikipedia:Wikipedia:November 11 Wikipedia:Wikipedia:2004 - mirror
3. ↑ ^{3.0 3.1} Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Wikipedia:Financial Times, Wikipedia:Wikipedia:December 11 Wikipedia:Wikipedia:2004
4. ↑ ^{4.0 4.1 4.2} Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.
5. ↑ ^{5.0 5.1} "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." </li>
6. ↑ Wikipedia:OARDEC. Summary of Evidence for Combatant Status Review Tribunal -- Kurd, Mohamed Anwar. Wikipedia:United States Department of Defense. URL accessed on 2008-05-26.
7. ↑ Spc Timothy Book (Friday March 10 2006). "Review process unprecedented". JTF-GTMO Public Affairs Office. pp. pg 1. http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1. Retrieved 2007-10-10. </li>
8. ↑ Margot Williams (2008-11-03). "Guantanamo Docket: Mohammad Gul". New York Times. http://projects.nytimes.com/guantanamo/detainees/457-mohammad-gul. Retrieved 2012-08-19. </li>
9. ↑ Army Sgt. Sarah Stannard (October 29 2007). "OARDEC provides recommendations to Deputy Secretary of Defense". JTF Guantanamo Public Affairs. http://www.jtfgtmo.southcom.mil/storyarchive/2007/07octstories/102907-2-oardec.html. Retrieved 2008-03-26. </li>
10. ↑ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. URL accessed on November 12, 2010.
11. ↑ Wikipedia:OARDEC. Unclassified Summary of Evidence for Administrative Review Board in the case of Kurd, Mohamed Anwar. Wikipedia:United States Department of Defense. URL accessed on 2008-05-26.
12. ↑ Wikipedia:OARDEC. Administrative Review Board assessment and recommendation ICO ISN 676. Wikipedia:United States Department of Defense. URL accessed on 2008-05-25.
13. ↑ Wikipedia:OARDEC. Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 676. Wikipedia:United States Department of Defense. URL accessed on 2008-05-23.
14. ↑ Wikipedia:OARDEC (2008-10-09). "Consolidate chronological listing of GTMO detainees released, transferred or deceased". Wikipedia:Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. </li> </ol>

Kurd. Mohamed Anwar Kurd. Mohamed Anwar