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Difference between revisions of "Moheb Ullah Borekzai"

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{{pov}}
'''Muhibullah''' or '''Moheb Ullah Borekzai''' is a citizen of [[Wikipedia:Afghanistan]] who was held in [[Wikipedia:extrajudicial detention]] in the [[Wikipedia:United  
+
'''Muhibullah''' or '''Moheb Ullah Borekzai''' is a citizen of [[Wikipedia:Afghanistan]] who was held in [[Wikipedia:extrajudicial detention]] in the [[Wikipedia:United States]]'s [[Wikipedia:Guantanamo Bay detention camp]]s, in [[Wikipedia:Cuba]].<ref name=DoDList2>
 
+
States]]'s [[Wikipedia:Guantanamo Bay detention camp]]s, in [[Wikipedia:Cuba]].<ref name=DoDList2>
+
 
{{cite web
 
{{cite web
 
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf  
 
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf  
Line 39: Line 37:
 
| quote=
 
| quote=
 
}}
 
}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through  
+
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
 +
</ref>
 +
 
 +
He was allegedly a mediator of civil disputes for the Taliban civil administration.<ref>DoD documents shown in references</ref>
  
May 15, 2006}}
 
</ref>
 
His Guantanamo [[Wikipedia:Internment Serial Number]] was 546.
 
 
American [[Wikipedia:intelligence analysts]] estimate that Muhibullah was born in 1982, in [[Wikipedia:Shah Wali Koot, Afghanistan|Shah Wali Koot]], Afghanistan.
 
American [[Wikipedia:intelligence analysts]] estimate that Muhibullah was born in 1982, in [[Wikipedia:Shah Wali Koot, Afghanistan|Shah Wali Koot]], Afghanistan.
  
Line 117: Line 115:
 
| accessdate  = 2012-07-24
 
| accessdate  = 2012-07-24
 
| archivedate = 2012-07-24
 
| archivedate = 2012-07-24
| archiveurl  =  
+
| archiveurl  = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2005-07-21-gitmo-hungerstrike_x.htm%3FPOE%3DNEWISVA&date=2012-07-24
 
+
http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2005-07-21-gitmo-hungers
+
 
+
trike_x.htm%3FPOE%3DNEWISVA&date=2012-07-24
+
 
| dead = no
 
| dead = no
| quote      = Habir Russol and Moheb Ullah Borekzai, who said they left the prison camp Monday and were flown to Afghanistan  
+
| quote      = Habir Russol and Moheb Ullah Borekzai, who said they left the prison camp Monday and were flown to Afghanistan before being freed, said they did not participate in the hunger strike. They did not say how they knew others were refusing to eat.
 
+
before being freed, said they did not participate in the hunger strike. They did not say how they knew others were refusing to eat.
+
 
}}   
 
}}   
 
</ref><ref name=ChinaDaily2005-07-21>
 
</ref><ref name=ChinaDaily2005-07-21>
Line 134: Line 126:
 
| date        = 2005-07-21
 
| date        = 2005-07-21
 
| archivedate = 2012-07-25
 
| archivedate = 2012-07-25
| archiveurl  =  
+
| archiveurl  = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.chinadaily.com.cn%2Fenglish%2Fdoc%2F2005-07%2F21%2Fcontent_462095.htm&date=2012-07-25
 
+
http://www.webcitation.org/query?url=http%3A%2F%2Fwww.chinadaily.com.cn%2Fenglish%2Fdoc%2F2005-07%2F21%2Fcontent_
+
 
+
462095.htm&date=2012-07-25
+
 
| dead = no
 
| dead = no
| quote      = Former Afghan Guatanamo prisoners Moheb Ullah Borekzai, left, and Habir Russol, right, get out of the car that took them  
+
| quote      = Former Afghan Guatanamo prisoners Moheb Ullah Borekzai, left, and Habir Russol, right, get out of the car that took them to their release ceremony in Kabul, Afghanistan, Wednesday, July 20, 2005. The two Afghans released Wednesday after being detained at Guantanamo Bay in Cuba claimed that about 180 other Afghans held at the U.S. detention facility were on a hunger strike to protest alleged mistreatment and to push for their release}} </ref>
 
+
to their release ceremony in Kabul, Afghanistan, Wednesday, July 20, 2005. The two Afghans released Wednesday after being detained  
+
 
+
at Guantanamo Bay in Cuba claimed that about 180 other Afghans held at the U.S. detention facility were on a hunger strike to protest  
+
 
+
alleged mistreatment and to push for their release.
+
}}
+
</ref>
+
 
Borekzai also offered accounts of [[Wikipedia:Quran abuse]].<ref name=CbsNews2005-07-22>
 
Borekzai also offered accounts of [[Wikipedia:Quran abuse]].<ref name=CbsNews2005-07-22>
 
{{cite news
 
{{cite news
Line 157: Line 137:
 
| accessdate  = 2012-07-24
 
| accessdate  = 2012-07-24
 
| archivedate = 2012-07-24
 
| archivedate = 2012-07-24
| archiveurl  =  
+
| archiveurl  = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2005%2F07%2F22%2Fterror%2Fmain711080.shtml&date=2012-07-24
 
+
http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2005%2F07%2F22%2Fterror%2Fmain7110
+
 
+
80.shtml&date=2012-07-24
+
 
| dead = no
 
| dead = no
| quote      = An Afghan man released from Guantanamo Bay said he had seen guards throwing the Quran, but that all such abuse  
+
| quote      = An Afghan man released from Guantanamo Bay said he had seen guards throwing the Quran, but that all such abuse stopped late last year after a loudspeaker announcement that U.S. soldiers have no right to touch Islam's holy book.}}  </ref><ref name=BaltimoreSun>{{cite news
 
+
stopped late last year after a loudspeaker announcement that U.S. soldiers have no right to touch Islam's holy book.
+
}}   
+
</ref>
+
 
+
<ref name=BaltimoreSun>{{cite news
+
 
| url=http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines
 
| url=http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines
 
| title=U.S. military says 52 detainees at Guantanamo are on hunger strike
 
| title=U.S. military says 52 detainees at Guantanamo are on hunger strike
Line 178: Line 148:
 
}}</ref>
 
}}</ref>
 
Borekzai was released from Guantanamo on [[Wikipedia:July 18]] [[Wikipedia:2005]].<ref name=ChinaDaily050721>{{cite news
 
Borekzai was released from Guantanamo on [[Wikipedia:July 18]] [[Wikipedia:2005]].<ref name=ChinaDaily050721>{{cite news
| url=http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm  
+
| url=http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm | title=Two men claim hunger strike at Guantanamo| publisher=[[Wikipedia:China Daily]]| date=[[Wikipedia:July 21]] [[Wikipedia:2005]]| accessdate=January 22| accessyear=2007}}</ref>
| title=Two men claim hunger strike at Guantanamo
+
 
| publisher=[[Wikipedia:China Daily]]
+
His Guantanamo [[Wikipedia:Internment Serial Number]] was 546.
| date=[[Wikipedia:July 21]] [[Wikipedia:2005]]
+
| accessdate=January 22
+
| accessyear=2007
+
}}</ref>
+
  
 
== Hunger strike ==
 
== Hunger strike ==
Line 197: Line 163:
 
In this interview they revealed that Camp Delta was in the midst of a widespread [[Wikipedia:hunger strike]].
 
In this interview they revealed that Camp Delta was in the midst of a widespread [[Wikipedia:hunger strike]].
  
Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two  
+
Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two weeks.<ref name=BaltimoreSun>{{cite news
 
+
weeks.<ref name=BaltimoreSun>{{cite news
+
 
| url=http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines
 
| url=http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines
 
| title=U.S. military says 52 detainees at Guantanamo are on hunger strike
 
| title=U.S. military says 52 detainees at Guantanamo are on hunger strike
Line 220: Line 184:
 
| accessdate=2007-01-22
 
| accessdate=2007-01-22
 
}}</ref>
 
}}</ref>
On July 21, 2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that  
+
On July 21, 2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days. The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as June 23, 2005, but had not been able to say anything because of a DoD gag place on them.
  
they had only been doing so for three days.
+
Borekzai told the Associated Press the detainees were protesting because ''"some of these people say they were mistreated during interrogation. Some say they are innocent."''<ref name=BaltimoreSun/>
 
+
The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger
+
 
+
strike as early as June 23, 2005, but had not been able to say anything because of a DoD gag place on them.
+
 
+
Borekzai told the Associated Press the detainees were protesting because ''"some of these people say they were mistreated during  
+
 
+
interrogation. Some say they are innocent."''<ref name=BaltimoreSun/>
+
 
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.
 
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.
  
Line 236: Line 192:
  
 
Guantanamo contained at least two captives with very similar names.<ref name=DoDList2/>   
 
Guantanamo contained at least two captives with very similar names.<ref name=DoDList2/>   
[[Wikipedia:Guantanamo captive 974]] was listed as '''[[Wikipedia:Muhebullah (Guantanamo detainee 974)|Mohe Bullar]]''' on the official lists released on  
+
[[Wikipedia:Guantanamo captive 974]] was listed as '''[[Wikipedia:Muhebullah (Guantanamo detainee 974)|Mohe Bullar]]''' on the official lists released on April 20, 2006 and May 15, 2006.
  
April 20, 2006 and May 15, 2006.
+
* He was listed as '''Mohib Ullah''' on his [[Wikipedia:Joint Task Force Guantanamo]] [[Wikipedia:Joint Task Force Guantanamo assessment|assessment]], date November 15, 2003.<ref name=JtfGtmoAssessmentIsn546>
 
+
* He was listed as '''Mohib Ullah''' on his [[Wikipedia:Joint Task Force Guantanamo]] [[Wikipedia:Joint Task Force Guantanamo assessment|assessment]],  
+
 
+
date November 15, 2003.<ref name=JtfGtmoAssessmentIsn546>
+
 
{{cite news
 
{{cite news
 
| url        = http://wikileaks.ch/gitmo/pdf/af/us9af-000546dp.pdf
 
| url        = http://wikileaks.ch/gitmo/pdf/af/us9af-000546dp.pdf
Line 254: Line 206:
 
{{commons-inline|File:ISN 00546, Muhib Ullah's Guantanamo detainee assessment.pdf}}
 
{{commons-inline|File:ISN 00546, Muhib Ullah's Guantanamo detainee assessment.pdf}}
 
</ref>
 
</ref>
* He was listed as '''[[Wikipedia:FNU]] Muhibullah''' on the [[Wikipedia:Summary of Evidence (CSRT)|Summary of Evidence memos]] drafted for his 2004 and  
+
* He was listed as '''[[Wikipedia:FNU]] Muhibullah''' on the [[Wikipedia:Summary of Evidence (CSRT)|Summary of Evidence memos]] drafted for his 2004 and 2005 [[Wikipedia:OARDEC]] status reviews, and on the official lists of captives first published in 2006.<ref name=NYTimesGuantanamoDocketIsn546/><ref name=DoDList2/>
 
+
However, in the Associated Press interview he gave upon his repatriation his name was listed as '''Moheb Ullah Borezkai'''.<ref name=NYTimes2005-07-22/><ref name=UsaToday2005-07-21/><ref name=ChinaDaily2005-07-21/><ref name=CbsNews2005-07-22/>
2005 [[Wikipedia:OARDEC]] status reviews, and on the official lists of captives first published in 2006.<ref  
+
 
+
name=NYTimesGuantanamoDocketIsn546/><ref name=DoDList2/>
+
However, in the Associated Press interview he gave upon his repatriation his name was listed as '''Moheb Ullah Borezkai'''.<ref  
+
 
+
name=NYTimes2005-07-22/><ref name=UsaToday2005-07-21/><ref name=ChinaDaily2005-07-21/><ref  
+
 
+
name=CbsNews2005-07-22/>
+
  
 
His Guantanamo [[Wikipedia:Internment Serial Number]] was 546.
 
His Guantanamo [[Wikipedia:Internment Serial Number]] was 546.
American [[Wikipedia:intelligence analysts]] estimate that Muhibullah was born in 1982, in [[Wikipedia:Shah Wali Koot, Afghanistan|Shah Wali Koot]],
 
  
Afghanistan.
+
American [[Wikipedia:intelligence analysts]] estimate that Muhibullah was born in 1982, in [[Wikipedia:Shah Wali Koot, Afghanistan|Shah Wali Koot]], Afghanistan.
 
+
He was captured in Afghanistan in Novembere 2001 and was transferred to Afghanistan on July 19,  
+
  
2005.<ref>http://projects.nytimes.com/guantanamo/detainees/546-muhibullah</ref>  
+
He was captured in Afghanistan in Novembere 2001 and was transferred to Afghanistan on July 19, 2005.<ref>http://projects.nytimes.com/guantanamo/detainees/546-muhibullah</ref>  
  
 
'''Moheb Ullah Borekzai''' is a citizen of [[Wikipedia:Afghanistan]] who was held in [[Wikipedia:extrajudicial]] detention in the [[Wikipedia:United States]] [[Wikipedia:Guantanamo  
 
'''Moheb Ullah Borekzai''' is a citizen of [[Wikipedia:Afghanistan]] who was held in [[Wikipedia:extrajudicial]] detention in the [[Wikipedia:United States]] [[Wikipedia:Guantanamo  
Line 302: Line 243:
  
 
Defense]]'', [[Wikipedia:May 15]] [[Wikipedia:2006]]</ref>
 
Defense]]'', [[Wikipedia:May 15]] [[Wikipedia:2006]]</ref>
{{main|Guantanamo captives missing from the official list}}
+
{{main|Wikipedia:Guantanamo captives missing from the official list}}
  
 
==Press reports==
 
==Press reports==
Line 328: Line 269:
 
| accessyear=2007
 
| accessyear=2007
 
}}</ref>
 
}}</ref>
On [[Wikipedia:July 21]] [[Wikipedia:2005]], three days after their departure, Plexico claimed that only a small number of detainees had been refusing food,  
+
On [[Wikipedia:July 21]] [[Wikipedia:2005]], three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days.
  
and that they had only been doing so for three days.
+
The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as [[Wikipedia:June 23]] [[Wikipedia:2005]], but had not been able to say anything because of a DoD gag place on them.
  
The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger
+
Borekzai told the Associated Press the detaineesa are protesting because ''"some of these people say they were mistreated during interrogation. Some say they are innocent."''<ref name=BaltimoreSun/>
 
+
strike as early as [[Wikipedia:June 23]] [[Wikipedia:2005]], but had not been able to say anything because of a DoD gag place on them.
+
 
+
Borekzai told the Associated Press the detaineesa are protesting because ''"some of these people say they were mistreated during  
+
 
+
interrogation. Some say they are innocent."''<ref name=BaltimoreSun/>
+
 
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.  
 
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.  
 
  
  
Line 387: Line 321:
 
}}  
 
}}  
  
[http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24  
+
[http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror]
 
+
mirror]
+
 
</ref>
 
</ref>
This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct [[Wikipedia:competent  
+
This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct [[Wikipedia:competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[Wikipedia:prisoner of war]] status.
 
+
tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[Wikipedia:prisoner of war]] status.
+
 
+
Subsequently the [[Wikipedia:United States Department of Defense|Department of Defense]] instituted the [[Wikipedia:Combatant Status Review Tribunal]]s. 
+
 
+
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]].
+
  
Muhibullah chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtMuhibullah546> [{{DoD detainees
+
Subsequently the [[Wikipedia:United States Department of Defense|Department of Defense]] instituted the [[Wikipedia:Combatant Status Review Tribunal]]s. 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]].
  
ARB|Set_31_2145-2265.pdf#64}} Summarized transcripts (.pdf)], from [[Wikipedia:Muhibullah (Guantanamo detainee 546)|Muhibullah]]'s  
+
Muhibullah chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtMuhibullah546> [{{DoD detainees ARB|Set_31_2145-2265.pdf#64}} Summarized transcripts (.pdf)], from [[Wikipedia:Muhibullah (Guantanamo detainee 546)|Muhibullah]]'s  
  
 
''[[Wikipedia:Combatant Status Review Tribunal]]'' - pages 64-76</ref>
 
''[[Wikipedia:Combatant Status Review Tribunal]]'' - pages 64-76</ref>
Line 415: Line 337:
  
 
Kabul and carried a Kalashnikov rifle and ammunition for approximately one and a half years.
 
Kabul and carried a Kalashnikov rifle and ammunition for approximately one and a half years.
:#''Detainee worked for Syed Shah Agha or [[Wikipedia:Abdul Bari]], an official in the [[Wikipedia:Shebreghan]] region, in Shebreghan, AF {{Sic}},from  
+
:#''Detainee worked for Syed Shah Agha or [[Wikipedia:Abdul Bari]], an official in the [[Wikipedia:Shebreghan]] region, in Shebreghan, AF {{Sic}},from November 2000 to February of 2001 and again from September 2001 to November 2001. The detainee was responsible for civil dispute mediation.
 
+
:#''Detainee attended a dinner hosted by [[Wikipedia:Commandant Kamal]] {{Sic}} at his home in [[Wikipedia:Towraghondi]], AF {{Sic}}. Kamal was warlord for [[Wikipedia:Ismail Khan]].
November 2000 to February of 2001 and again from September 2001 to November 2001. The detainee was responsible for civil dispute  
+
 
+
mediation.
+
:#''Detainee attended a dinner hosted by [[Wikipedia:Commandant Kamal]] {{Sic}} at his home in [[Wikipedia:Towraghondi]], AF {{Sic}}. Kamal was warlord  
+
 
+
for [[Wikipedia:Ismail Khan]].
+
 
:#''The Detainee acquired a rifle from a [[Wikipedia:Mujahideen]] fighter, [[Wikipedia:Abdul Ghafar (Afghan mujahideen fighter)|Abdul Ghafar]].
 
:#''The Detainee acquired a rifle from a [[Wikipedia:Mujahideen]] fighter, [[Wikipedia:Abdul Ghafar (Afghan mujahideen fighter)|Abdul Ghafar]].
 
:#''Detainee surrendered to [[Wikipedia:Afghan Northern Alliance|Northern Alliance]] forces in November of2001.
 
:#''Detainee surrendered to [[Wikipedia:Afghan Northern Alliance|Northern Alliance]] forces in November of2001.
  
 
===Response to the allegations===
 
===Response to the allegations===
*Muhibullah confirmed that he worked as a guard to Syed Sha Agha, but he disputed that he did so for a year and a half.  Rather he was  
+
*Muhibullah confirmed that he worked as a guard to Syed Sha Agha, but he disputed that he did so for a year and a half.  Rather he was forcibly conscripted twice.  Both times for periods of two or three months.   
 
+
forcibly conscripted twice.  Both times for periods of two or three months.   
+
 
*Muhibullah repeatedly stated that he did not understand the European date system.
 
*Muhibullah repeatedly stated that he did not understand the European date system.
 
*Muhibullah stated that, in addition to guard duty his responsibilities including kitchen and other household chores.
 
*Muhibullah stated that, in addition to guard duty his responsibilities including kitchen and other household chores.
*Muhibullah confirmed his presence at a dinner where Commandant Kamal was present.  But he didn't know Kamal.  He wasn't invited  
+
*Muhibullah confirmed his presence at a dinner where Commandant Kamal was present.  But he didn't know Kamal.  He wasn't invited by Kamal.  He was present merely to perform guard duty.
 
+
by Kamal.  He was present merely to perform guard duty.
+
 
*Muhibullah denied knowing anyone named Abdul Ghafar.
 
*Muhibullah denied knowing anyone named Abdul Ghafar.
  
 
==Administrative Review Board hearing==
 
==Administrative Review Board hearing==
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed  
+
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[Wikipedia:Administrative Review Board]] hearings.  The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
  
at annual [[Wikipedia:Administrative Review Board]] hearings.  The Administrative Review Boards weren't authorized to review whether a  
+
They were authorized to consider 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.
  
detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy
+
The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3, 2006.<ref name=FactorsMuhibullah546> [{{DoD detainees ARB|ARB_Factors_Set_1_944-1045.pdf#82}} Factors for and against the continued detention (.pdf)] of [[Wikipedia:Muhibullah (Guantanamo detainee 546)|Muhibullah]] ''[[Wikipedia:Administrative Review Board]]'' - page 82</ref>
 
+
combatant".
+
 
+
They were authorized to consider 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.
+
 
+
The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3,  
+
 
+
2006.<ref name=FactorsMuhibullah546> [{{DoD detainees ARB|ARB_Factors_Set_1_944-1045.pdf#82}} Factors for and against the  
+
 
+
continued detention (.pdf)] of [[Wikipedia:Muhibullah (Guantanamo detainee 546)|Muhibullah]] ''[[Wikipedia:Administrative Review Board]]'' - page  
+
 
+
82</ref>
+
  
 
===''The following primary factors favor continued detention===
 
===''The following primary factors favor continued detention===
 
:'''''a. Connections/Associations
 
:'''''a. Connections/Associations
:#''The detainee worked for the Taliban Governor of [[Wikipedia:Shebreghan]] and claims to have been the Acting Governor for a period of time.   
+
:#''The detainee worked for the Taliban Governor of [[Wikipedia:Shebreghan]] and claims to have been the Acting Governor for a period of time.  When the Taliban fell, he heeded instructions heard over the radio to surrender.  The detainee turned himself in to forces under [[Wikipedia:Ismail Khan]].  At the time of his surrender he was in possession of six [[Wikipedia:AK-47|Kalashnikov rifles]].
 
+
:#''The detainee had a relationship with the Taliban, in that he served for them as a night watchman in [[Wikipedia:Kabul]] over a two year period, and as a dispute mediator in Shebreghan.
When the Taliban fell, he heeded instructions heard over the radio to surrender.  The detainee turned himself in to forces under [[Wikipedia:Ismail  
+
 
+
Khan]].  At the time of his surrender he was in possession of six [[Wikipedia:AK-47|Kalashnikov rifles]].
+
:#''The detainee had a relationship with the Taliban, in that he served for them as a night watchman in [[Wikipedia:Kabul]] over a two year period,  
+
 
+
and as a dispute mediator in Shebreghan.
+
  
 
:'''''b. Training
 
:'''''b. Training
Line 490: Line 382:
 
{{Main|Wikipedia:Lists of released Guantanamo prisoners who allegedly returned to battle}}
 
{{Main|Wikipedia:Lists of released Guantanamo prisoners who allegedly returned to battle}}
  
On May 20, 2009, the ''[[Wikipedia:New York Times]]'', citing an unreleased [[Wikipedia:The Pentagon|Pentagon]] document, reported that [[Wikipedia:United States  
+
On May 20, 2009, the ''[[Wikipedia:New York Times]]'', citing an unreleased [[Wikipedia:The Pentagon|Pentagon]] document, reported that [[Wikipedia:United States Department of Defense|Department of Defense]] officials claimed  
 
+
Department of Defense|Department of Defense]] officials claimed  
+
 
Mohibullah
 
Mohibullah
was one of 74 former Guantanatmo captives who ''"are engaged in terrorism or militant activity."''<ref  
+
was one of 74 former Guantanatmo captives who ''"are engaged in terrorism or militant activity."''<ref name=NewYorkTimes2009-05-21a>
 
+
name=NewYorkTimes2009-05-21a>
+
 
{{Cite news
 
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On May 27, 2009, the [[Wikipedia:Defense Intelligence Agency]] published a "fact sheet" listing Guantanamo captives who had ''"re-engaged in  
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On May 27, 2009, the [[Wikipedia:Defense Intelligence Agency]] published a "fact sheet" listing Guantanamo captives who had ''"re-engaged in terrorism".''<ref name=Dia2009-04-07>
 
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terrorism".''<ref name=Dia2009-04-07>
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{{Cite news
 
{{Cite news
 
| url=http://media.miamiherald.com/smedia/2009/05/27/20/recidivists.source.prod_affiliate.56.pdf
 
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It stated that Mohibullah was suspected of ''"association with the Taliban".''
 
It stated that Mohibullah was suspected of ''"association with the Taliban".''
  
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*[http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm Two men claim hunger strike at Guantanamo], [[Wikipedia:China Daily]], [[Wikipedia:July 21]] [[Wikipedia:2005]]
 
*[http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm Two men claim hunger strike at Guantanamo], [[Wikipedia:China Daily]], [[Wikipedia:July 21]] [[Wikipedia:2005]]
 
*[http://www.cbc.ca/story/world/national/2005/07/22/Guantanamo-Bay-protest-050722.html Hunger strike confirmed at Guantanamo Bay], [[Wikipedia:Canadian Broadcasting Corporation|CBC]], [[Wikipedia:July 22]] [[Wikipedia:2005]]
 
*[http://www.cbc.ca/story/world/national/2005/07/22/Guantanamo-Bay-protest-050722.html Hunger strike confirmed at Guantanamo Bay], [[Wikipedia:Canadian Broadcasting Corporation|CBC]], [[Wikipedia:July 22]] [[Wikipedia:2005]]
 
 
  
 
[[Category:Afghan extrajudicial prisoners of the United States)]][[Category:Living people]][[Category:Year of birth uncertain]][[Category:Guantanamo detainees known to have been released]][[Category:Living people]][[Category:Afghan people]][[Category:1982 births]]
 
[[Category:Afghan extrajudicial prisoners of the United States)]][[Category:Living people]][[Category:Year of birth uncertain]][[Category:Guantanamo detainees known to have been released]][[Category:Living people]][[Category:Afghan people]][[Category:1982 births]]
 
[[Category:Guantanamo Bay detainees]][[Category:Afghanistani extrajudicial prisoners of the United States]]
 
[[Category:Guantanamo Bay detainees]][[Category:Afghanistani extrajudicial prisoners of the United States]]

Latest revision as of 00:28, 29 July 2012

Template:Infobox War on Terror detainee

Anarchy-symbol.svg This article is contains text from sources which may express a point of view or may contain an unbalanced critical assessment. Do not edit the article to adjust it to Wikipedia's neutral point of view policy; one's perception of the humanity in Anarchopedia's philosophy is enhanced by knowledge of the direction and degree of steps taken away from humanity Unbalanced scales.svg

Muhibullah or Moheb Ullah Borekzai is a citizen of Wikipedia:Afghanistan who was held in Wikipedia:extrajudicial detention in the Wikipedia:United States's Wikipedia:Guantanamo Bay detention camps, in Wikipedia:Cuba.[1]

He was allegedly a mediator of civil disputes for the Taliban civil administration.[2]

American Wikipedia:intelligence analysts estimate that Muhibullah was born in 1982, in Shah Wali Koot, Afghanistan.

He was captured in Afghanistan in November 2001, transferred to Guantanamo on May 5, 2002, and was transferred to Afghanistan on July 19, 2005.[3][4] US Intelligence analysts have asserted that Muhibullah was a recidivist, who, after his transfer, “engaged in terrorism or militant activity” and had “re-engaged in terrorism”.[5][6][7]

This article contains content from Wikipedia
An article on this subject has been nominated for deletion on Wikipedia:
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Salim Suliman Al Harbi

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When Borekzai and fellow Afghan captive Wikipedia:Habir Russol were repatriated in July 2005, they provided the first account of a widespread hunger strike.[8][9][10] Borekzai also offered accounts of Wikipedia:Quran abuse.[11][12] Borekzai was released from Guantanamo on Wikipedia:July 18 Wikipedia:2005.[13]

His Guantanamo Wikipedia:Internment Serial Number was 546.

Hunger strike[edit]

Reporters interviewed Borekzai, and Wikipedia:Habir Russol, another Afghani who was released at the same time, on July 20, 2005, the day they arrived home.[14] In this interview they revealed that Camp Delta was in the midst of a widespread Wikipedia:hunger strike.

Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two weeks.[12][13][14]

Initially DoD spokesman Wikipedia:Flex Plexico denied any knowledge of a hunger strike.[15] On July 21, 2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days. The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as June 23, 2005, but had not been able to say anything because of a DoD gag place on them.

Borekzai told the Associated Press the detainees were protesting because "some of these people say they were mistreated during interrogation. Some say they are innocent."[12] The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.

Conflicting accounts of his real name[edit]

Guantanamo contained at least two captives with very similar names.[1] Wikipedia:Guantanamo captive 974 was listed as Mohe Bullar on the official lists released on April 20, 2006 and May 15, 2006.

However, in the Associated Press interview he gave upon his repatriation his name was listed as Moheb Ullah Borezkai.[8][9][10][11]

His Guantanamo Wikipedia:Internment Serial Number was 546.

American Wikipedia:intelligence analysts estimate that Muhibullah was born in 1982, in Shah Wali Koot, Afghanistan.

He was captured in Afghanistan in Novembere 2001 and was transferred to Afghanistan on July 19, 2005.[17]

Moheb Ullah Borekzai is a citizen of Wikipedia:Afghanistan who was held in Wikipedia:extrajudicial detention in the Wikipedia:United States [[Wikipedia:Guantanamo

Bay detainment camp]]s, in Wikipedia:Cuba.[12] Borekzai was released from Guantanamo on Wikipedia:July 18 Wikipedia:2005.[13]

Identity[edit]

Borezkai's release from Guantanamo was widely covered by the Press. However he was not named on the full official list of all the men

who had been held, in military custody, in Guantanamo.[1]


Press reports[edit]

Reporters interviewed Borekzai, and Wikipedia:Habir Russol, another Afghani who was released at the same time, on Wikipedia:July 20 Wikipedia:2005, the day they arrived home.[14] In this interview they revealed that Camp Delta was in the midst of a widespread Wikipedia:hunger strike.

Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two

weeks.[12][13][14]

Initially DoD spokesman Wikipedia:Flex Plexico denied any knowledge of a hunger strike.[15] On Wikipedia:July 21 Wikipedia:2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days.

The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as Wikipedia:June 23 Wikipedia:2005, but had not been able to say anything because of a DoD gag place on them.

Borekzai told the Associated Press the detaineesa are protesting because "some of these people say they were mistreated during interrogation. Some say they are innocent."[12] The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.


Identity[edit]

Borezkai's release from Guantanamo was widely covered by the Press. However he was not named on the full official list of all the men who had been held, in military custody, in Guantanamo.[1]

Guantanamo contained at least two captives with very similar names. Guantanamo captive 974 was listed as [[Wikipedia:Muhebullah

(Guantanamo detainee 974)|Mohe Bullar]] on the official lists released on April 20, 2006 and May 15, 2006.[1]


Combatant Status Review Tribunal[edit]

[[Wikipedia:Image:Trailer where CSR Tribunals were held.jpg|thumb|Wikipedia:Combatant Status Review Tribunals were held in a 3 x 5 meter trailer.

The captive sat with his hands and feet shackled to a bolt in the floor.[18][19] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[20]]]

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.[21] 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. 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.

Muhibullah chose to participate in his Combatant Status Review Tribunal.[22]

Allegations[edit]

The allegations Muhibullah faced, during his Tribunal, were:[22]

a. The detainee is a member of the Wikipedia:Taliban.
  1. Detainee was recruited by Wikipedia:Syed Sha Agha in late 1998/early 1999 to serve in the Wikipedia:Taliban Security Force. The detainee worked in

Kabul and carried a Kalashnikov rifle and ammunition for approximately one and a half years.

  1. Detainee worked for Syed Shah Agha or Wikipedia:Abdul Bari, an official in the Wikipedia:Shebreghan region, in Shebreghan, AF Template:Sic,from November 2000 to February of 2001 and again from September 2001 to November 2001. The detainee was responsible for civil dispute mediation.
  2. Detainee attended a dinner hosted by Wikipedia:Commandant Kamal Template:Sic at his home in Wikipedia:Towraghondi, AF Template:Sic. Kamal was warlord for Wikipedia:Ismail Khan.
  3. The Detainee acquired a rifle from a Wikipedia:Mujahideen fighter, Abdul Ghafar.
  4. Detainee surrendered to Northern Alliance forces in November of2001.

Response to the allegations[edit]

  • Muhibullah confirmed that he worked as a guard to Syed Sha Agha, but he disputed that he did so for a year and a half. Rather he was forcibly conscripted twice. Both times for periods of two or three months.
  • Muhibullah repeatedly stated that he did not understand the European date system.
  • Muhibullah stated that, in addition to guard duty his responsibilities including kitchen and other household chores.
  • Muhibullah confirmed his presence at a dinner where Commandant Kamal was present. But he didn't know Kamal. He wasn't invited by Kamal. He was present merely to perform guard duty.
  • Muhibullah denied knowing anyone named Abdul Ghafar.

Administrative Review Board hearing[edit]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Wikipedia:Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider 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.

The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3, 2006.[23]

The following primary factors favor continued detention[edit]

a. Connections/Associations
  1. The detainee worked for the Taliban Governor of Wikipedia:Shebreghan and claims to have been the Acting Governor for a period of time. When the Taliban fell, he heeded instructions heard over the radio to surrender. The detainee turned himself in to forces under Wikipedia:Ismail Khan. At the time of his surrender he was in possession of six Kalashnikov rifles.
  2. The detainee had a relationship with the Taliban, in that he served for them as a night watchman in Wikipedia:Kabul over a two year period, and as a dispute mediator in Shebreghan.
b. Training
  1. The detainee admitted to receiving instruction in the use of AK-47 and RPG from his uncle.
c. Intent
  1. The detainee admitted to carrying an AK-47 in conjunction with his duties as a guard for the Taliban.

The following primary factors favor release or transfer[edit]

a. Other Relevant Data
  1. The detainee claimed he was forced into service with the Taliban and had no choice in the matter.

Transcript[edit]

Muhibullah chose to participate in his Administrative Review Board hearing.[24]


Pentagon claim he had "returned to the fight"[edit]


On May 20, 2009, the Wikipedia:New York Times, citing an unreleased Pentagon document, reported that Department of Defense officials claimed Mohibullah was one of 74 former Guantanatmo captives who "are engaged in terrorism or militant activity."[5][6] On May 27, 2009, the Wikipedia:Defense Intelligence Agency published a "fact sheet" listing Guantanamo captives who had "re-engaged in terrorism".[7] It stated that Mohibullah was suspected of "association with the Taliban".

Repatriation[edit]

On Novermber 26, 2008 the Department of Defense published a list of when captives left Guantanamo.[25] According to that list Mohibullah was repatriated on July 19, 2005.

See also[edit]

Citations[edit]

Template:references

External links[edit]

  • 1.0 1.1 1.2 1.3 1.4 1.5 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 2006-05-15. Template:wikisource-inline
  • DoD documents shown in references
  • 3.0 3.1 {{cite news url=http://projects.nytimes.com/guantanamo/detainees/546-muhibullah | title=Guantanamo Docket: Muhibullah | publisher=Wikipedia:New York Times | author=Wikipedia:Margot Williams | date=2008-11-03 | accessdate=2012-07-24 | quote= }}
  • Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version). Wikipedia:Center for the Study of Human Rights in the Americas, from DoD data. Archived from source 2009-12-21.
  • 5.0 5.1 Elizabeth Bumiller (2009-05-20). "Later Terror Link Cited for 1 in 7 Freed Detainees". Wikipedia:New York Times. Archived from the original on 2009-05-21. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2009%2F05%2F21%2Fus%2Fpolitics%2F21gitmo.html%3Fref%3Damericas&date=2009-05-21. </li>
  • 6.0 6.1 "Recidivism". Wikipedia:New York Times. 2009-05-20. Archived from the original on 2009-05-21. http://www.webcitation.org/query?url=http%3A%2F%2Fprojects.nytimes.com%2Fguantanamo%2Fdetainees%2Frecidivism&date=2009-05-21. </li>
  • 7.0 7.1 "Fact sheet: Former Guantanamo detainee terrorism trends". Wikipedia:Defense Intelligence Agency. 2009-04-07. Archived from the original on 2009-05-29. http://www.webcitation.org/query?url=http%3A%2F%2Fmedia.miamiherald.com%2Fsmedia%2F2009%2F05%2F27%2F20%2Frecidivists.source.prod_affiliate.56.pdf&date=2009-05-29. </li>
  • 8.0 8.1 "Some Guantánamo Prisoners Have Gone on Hunger Strike". Wikipedia:New York Times. 2005-07-22. Archived from the original on 2012-07-24. http://www.webcitation.org/query?url=https%3A%2F%2Fwww.nytimes.com%2F2005%2F07%2F22%2Fpolitics%2F22gitmo.html&date=2012-07-24. Retrieved 2012-07-24. "The Pentagon's account of the protest contrasted somewhat with that of two Afghans released on Monday from Guantánamo. The two, Habir Russol and Moheb Ullah Borekzai, said on Wednesday that more than 180 Afghans were on a hunger strike to protest mistreatment. Mr. Borekzai later said of the hunger strikers: "Some of these people say they were mistreated during interrogation. Some say they are innocent." "They are protesting that they have been in jail nearly four years, and they want to be released," he said." </li>
  • 9.0 9.1 "Pentagon confirms Guantanamo Bay hunger strike". Wikipedia:USA Today. 2005-07-21. Archived from the original on 2012-07-24. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2005-07-21-gitmo-hungerstrike_x.htm%3FPOE%3DNEWISVA&date=2012-07-24. Retrieved 2012-07-24. "Habir Russol and Moheb Ullah Borekzai, who said they left the prison camp Monday and were flown to Afghanistan before being freed, said they did not participate in the hunger strike. They did not say how they knew others were refusing to eat." </li>
  • 10.0 10.1 "Two men claim hunger strike at Guantanamo". Wikipedia:China Daily. 2005-07-21. Archived from the original on 2012-07-25. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.chinadaily.com.cn%2Fenglish%2Fdoc%2F2005-07%2F21%2Fcontent_462095.htm&date=2012-07-25. "Former Afghan Guatanamo prisoners Moheb Ullah Borekzai, left, and Habir Russol, right, get out of the car that took them to their release ceremony in Kabul, Afghanistan, Wednesday, July 20, 2005. The two Afghans released Wednesday after being detained at Guantanamo Bay in Cuba claimed that about 180 other Afghans held at the U.S. detention facility were on a hunger strike to protest alleged mistreatment and to push for their release" </li>
  • 11.0 11.1 "Gitmo Inmate: Quran Abuse Over". Wikipedia:CBS News. 2005-07-22. Archived from the original on 2012-07-24. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2005%2F07%2F22%2Fterror%2Fmain711080.shtml&date=2012-07-24. Retrieved 2012-07-24. "An Afghan man released from Guantanamo Bay said he had seen guards throwing the Quran, but that all such abuse stopped late last year after a loudspeaker announcement that U.S. soldiers have no right to touch Islam's holy book." </li>
  • 12.0 12.1 12.2 12.3 12.4 12.5 "U.S. military says 52 detainees at Guantanamo are on hunger strike". Wikipedia:Baltimore Sun. Wikipedia:July 22 Wikipedia:2005. http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines. Retrieved January 22. </li>
  • 13.0 13.1 13.2 13.3 "Two men claim hunger strike at Guantanamo". Wikipedia:China Daily. Wikipedia:July 21 Wikipedia:2005. http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm. Retrieved January 22. </li>
  • 14.0 14.1 14.2 14.3 "Hunger strike confirmed at Guantanamo Bay". CBC,. July 22, 2005. http://www.cbc.ca/story/world/national/2005/07/22/Guantanamo-Bay-protest-050722.html. Retrieved 2007-01-22. </li>
  • 15.0 15.1 "Afghans tell of hunger strike at Guantanamo". Wikipedia:Taipei Times. July 22, 2005. http://www.taipeitimes.com/News/world/archives/2005/07/22/2003264520. Retrieved 2007-01-22. </li>
  • Wikipedia:Geoffrey D. Miller (2003-11-15). "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9AG000546DP". Wikipedia:Joint Task Force Guantanamo. http://wikileaks.ch/gitmo/pdf/af/us9af-000546dp.pdf. Retrieved 2012-07-24. Template:commons-inline </li>
  • http://projects.nytimes.com/guantanamo/detainees/546-muhibullah
  • Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:New York Times, November 11, 2004 - mirror
  • [http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], Wikipedia:Financial Times, December 11, 2004
  • 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.
  • "Q&A: What next for Guantanamo prisoners?". Wikipedia:BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror </li>
  • 22.0 22.1 [[[:Template:DoD detainees ARB]] Summarized transcripts (.pdf)], from Muhibullah's Wikipedia:Combatant Status Review Tribunal - pages 64-76
  • [[[:Template:DoD detainees ARB]] Factors for and against the continued detention (.pdf)] of Muhibullah Wikipedia:Administrative Review Board - page 82
  • [{{DoD detainees ARB|ARB_Transcript_Set_1_395-584.pdf#8}} Summarized transcript (.pdf)], from [[Wikipedia:Muhibullah (Guantanamo detainee 546)|Muhibullah]]'s Wikipedia:Administrative Review Board hearing - page 8
  • Wikipedia:OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. </li> </ol>