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| | Kept at Wikipedia. And just coincidentally, it is very good propaganda against Islamic fundamentalists | | Kept at Wikipedia. And just coincidentally, it is very good propaganda against Islamic fundamentalists |
| | [[Wikipedia:Wikipedia:Articles for deletion/Ghulam Nabi]] | | [[Wikipedia:Wikipedia:Articles for deletion/Ghulam Nabi]] |
| − |
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| − | =Abdul Bagi=
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| − | {{Infobox WoT detainees
| |
| − | | subject_name = Abdul Bagi
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| − | | image_name =
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| − | | image_size =
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| − | | image_caption =
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| − | | date_of_birth = {{Birth year and age|1972}}
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| − | | place_of_birth =
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| − | | date_of_arrest =
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| − | | place_of_arrest=
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| − | | arresting_authority=
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| − | | date_of_release =
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| − | | place_of_release=
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| − | | date_of_death =
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| − | | place_of_death =
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| − | | citizenship =
| |
| − | | detained_at = [[Guantanamo Bay detention camp|Guantanamo]]
| |
| − | | id_number = 963
| |
| − | | group =
| |
| − | | alias =
| |
| − | | charge = No charge (held in [[extrajudicial detention]])
| |
| − | | penalty =
| |
| − | | status = Repatriated
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| − | | csrt_summary =
| |
| − | | csrt_transcript=
| |
| − | | occupation = farmer
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| − | | spouse =
| |
| − | | parents =
| |
| − | | children =
| |
| − | }}
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| − |
| |
| − | '''Abdul Bagi''' is a citizen of [[Afghanistan]] who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s, in [[Cuba]].<ref name=DoDList2>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| |
| − | | title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2006-05-15
| |
| − | | quote=
| |
| − | }}</ref>
| |
| − | His Guantanamo [[Internment Serial Number]] was 963.
| |
| − | American [[intelligence analysts]] estimate he was born in 1972, in [[Kandahar]], Afghanistan.
| |
| − |
| |
| − | Abdul Bagi was captured in Afghanistan in February 2003 and transferred to Afghanistan on February 8, 2006.<ref>http://projects.nytimes.com/guantanamo/detainees/963-abdul-bagi</ref>
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| − |
| |
| − | == Combatant Status Review ==
| |
| − | {{main|Combatant Status Review Tribunal}}
| |
| − |
| |
| − | Bagi was among the 60% of prisoners who chose to participate in tribunal hearings.<ref>[[OARDEC]], [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005], September 4, 2007</ref> A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for the tribunal of each detainee.
| |
| − |
| |
| − | Bagi's memo accused him of the following:<ref name=CsrtMemoAbdulBagi>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#91
| |
| − | | page=page 91
| |
| − | | title=Summary of Evidence for Combatant Status Review Tribunal -- Bagi, Abdul
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | author=[[OARDEC]]
| |
| − | | date=4 November 2004
| |
| − | | accessdate=2008-07-29
| |
| − | | quote=
| |
| − | }}
| |
| − | </ref>
| |
| − |
| |
| − | {{Quotation|
| |
| − | :a. The detainee is a member of the Taliban and participated in military operations against the United States and its coalition partners:
| |
| − | :#The detainee is a member of the [[Taliban]].
| |
| − | :#The detainee admitted that he was supposed to participate in an ambush against U.S. forces.
| |
| − | :#The detainee admitted that he threw his weapon down a well and hid in a hole.
| |
| − | :#The detainee was captured on the afternoon of 10 February 2003 along with his uncle, by U.S. personnel.
| |
| − | }}
| |
| − |
| |
| − | === Administrative Review Board ===
| |
| − |
| |
| − | Detainees whose [[Combatant Status Review Tribunal]] labeled them "enemy combatants" were scheduled for annual [[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.<ref>
| |
| − | {{cite web
| |
| − | | url = http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902
| |
| − | | title = Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
| |
| − | | date = March 6, 2007
| |
| − | | accessdate = November 12, 2010
| |
| − | }}</ref>
| |
| − |
| |
| − | A [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for Abdul Bagi first annual Administrative Review Board on
| |
| − | August 6, 2004.<ref name=Arb1MemoAbdulBagi>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#90
| |
| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bagi, Abdul
| |
| − | | pages=pages 90–91
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | author=[[OARDEC]]
| |
| − | | date=2004-08-06
| |
| − | | accessdate=2008-07-29
| |
| − | | quote=
| |
| − | }}
| |
| − | </ref>
| |
| − |
| |
| − | Bagi chose to participate in his Administrative Review Board hearing.<ref name=ArbAbdulBagi>[{{DoD detainees ARB|ARB_Transcript_Set_10_21352-21661.pdf#42}} Summarized transcript (.pdf)], from Abdul Bagi's ''[[Administrative Review Board]] hearing'' - page 42-48</ref>
| |
| − |
| |
| − | ''The following primary factors favor continued detention''
| |
| − | {{Quotation|
| |
| − | :a. Commitment
| |
| − | :#The detainee admitted to being part of the attacks (ambush) on United States Forces in the vicinity of Lejay, Afghanistan.
| |
| − |
| |
| − | :b. Connections/Associations
| |
| − | :#A known Taliban member identified the detainee as Taliban.
| |
| − | :#As U.S. elements approached the village of Lejay (Abdul Rais Wahid stronghold) on the morning of 10 February 2003, they were viciously ambushed from the high ground on both sides of the road. The enemy fired from well-prepared ambush positions, and employed a high volume of RPK, PKM, AK, and RPG fire in an effort to kill as many U.S. personnel as possible.
| |
| − | :#Hajji Raes Abdul Wahed, is the Supreme Commander of a forty-man guerilla unit. He was identified as teaching hand grenade techniques, plastic explosives with detonator cord, and how to blow up cars.
| |
| − | :#Detainee was captured on 10 February 2003 in a dugout hole 100 meters from the compound.
| |
| − | :#The detainee was apprehended wearing an Olive Drab (OD) green jacket consistent with the eyewitness accounts of the individual responsible for the attacks.
| |
| − | :#OD jackets were worn by several men captured, on the same day as the detainee, at a checkpoint on the north side of town in a taxi and on motorcycles. The men all suffered from hearing loss assessed to be from firing activity.
| |
| − | :#During the Combatant Status Review Tribunal, the detainee called two witnesses other than his uncle, Alif Mohammed and Baridad, that testified for him.
| |
| − | :#Alik Mohammed is assessed as a security/military commander of Lejay/Wahid compound and it is believed he orchestrated the attack on American Forces.
| |
| − | :#Baridad was captured on the same day as the detainee. He suffered from hearing loss assessed due to firing activity.
| |
| − | }}
| |
| − |
| |
| − | ''The following factors favor release or transfer''
| |
| − | {{Quotation|
| |
| − | :a. The detainee does not know any Taliban members.
| |
| − |
| |
| − | :b. Detainee believes the Americans have come to bring peace and stability to the people. He feels it is good, the Americans help rebuild roads and water systems and help establish education for the people, he is happy with that.
| |
| − |
| |
| − | :c. Detainee denied any knowledge/involvement in the attacks on United States Forces.
| |
| − |
| |
| − | :d. Detainee claims to never having owned or fired any kind of weapon.
| |
| − |
| |
| − | :e. The detainee admitted growing poppies, however, agreed it was a good thing the American forces and Afghanistan government was stopping farmers from growing poppies.
| |
| − | }}
| |
| − |
| |
| − | ==Guantanamo Medical records==
| |
| − | On 16 March 2007 the [[United States Department of Defense|Department of Defense]] published medical records for the captives.<ref name=OfficialGuantanamoWeights>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/measurements/
| |
| − | | title=Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba
| |
| − | | publisher=[[United States Department of Defense|Department of Defense]]
| |
| − | | author=[[JTF-GTMO]]
| |
| − | | date=2007-03-16
| |
| − | | accessdate=2008-12-22
| |
| − | | quote=
| |
| − | }} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.dod.mil%2Fpubs%2Ffoi%2Fdetainees%2Fmeasurements&date=2008-12-22 mirror]
| |
| − | </ref>
| |
| − | Abdul Bagi's records indicate he was weighed every month, from January 2004 through December 2005. But unlike every other captive's records, his weights are missing. Three other fields recorded for almost every other captive—his "inprocess date", his height, and his "inprocess weight" -- are also missing.
| |
| − |
| |
| − | ==Repatriation==
| |
| − | On November 25, 2009, the Department of Defense published a list of the dates captives were transferred from Guantanamo.<ref name=ConsolidatedReleaseList>
| |
| − | {{Cite news
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf
| |
| − | | title=Consolidated chronological listing of GTMO detainees released, transferred or deceased
| |
| − | | publisher=[[United States Department of Defense|Department of Defense]]
| |
| − | | author=[[OARDEC]]
| |
| − | | date=2008-10-09
| |
| − | | accessdate=2008-12-28
| |
| − | | quote=
| |
| − | }}
| |
| − | </ref>
| |
| − | According to that list Abdul Bagi was transferred on February 8, 2006.
| |
| − |
| |
| − | ==See also==
| |
| − | *[[Rahmatullah]]
| |
| − | *[[Alif Mohammed]]
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| − | *[[Baridad]]
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| − |
| |
| − | ==References==
| |
| − | {{Reflist|2}}
| |
| − |
| |
| − | ==External links==
| |
| − | * [http://www.huffingtonpost.com/andy-worthington/two-afghans-released-from_b_124651.html Two Afghans Released from Guantanamo: a Farmer and a Teenager] Andy Worthington
| |
| − |
| |
| − | {{Afghanistan War}}
| |
| − | {{WoTPrisoners}}
| |
| − |
| |
| − | {{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->
| |
| − | | NAME = Bagi, Abdul
| |
| − | | ALTERNATIVE NAMES =
| |
| − | | SHORT DESCRIPTION =
| |
| − | | DATE OF BIRTH = 1972
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| − | | PLACE OF BIRTH =
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| − | | DATE OF DEATH =
| |
| − | | PLACE OF DEATH =
| |
| − | }}
| |
| − | {{DEFAULTSORT:Bagi, Abdul}}
| |
| − | [[Category:Afghan extrajudicial prisoners of the United States]]
| |
| − | [[Category:1972 births]]
| |
| − | [[Category:Living people]]
| |
| − | [[Category:Year of birth uncertain]]
| |
| − | [[Category:Guantanamo detainees known to have been released]]
| |
| − | [[Category:Bagram Theater Internment Facility detainees]]
| |
| − | [[Category:Place of birth missing (living people)]]
| |
| − |
| |
| − | =Bismullah=
| |
| − | {{Infobox WoT detainees
| |
| − | | subject_name = Haji Bismullah
| |
| − | | image_name =
| |
| − | | image_size =
| |
| − | | image_caption =
| |
| − | | date_of_birth = {{Birth year and age|1968}}
| |
| − | | place_of_birth = [[Musa Qala, Afghanistan]]
| |
| − | | date_of_arrest = 2003-02-12
| |
| − | | place_of_arrest= Helmand
| |
| − | | arresting_authority= American Forces
| |
| − | | date_of_release = 2009-01-17
| |
| − | | place_of_release= Afghanistan
| |
| − | | date_of_death =
| |
| − | | place_of_death =
| |
| − | | citizenship = [[Afghanistan]]
| |
| − | | detained_at = [[Guantanamo Bay detention camp|Guantanamo]]
| |
| − | | id_number = 968
| |
| − | | group =
| |
| − | | alias =
| |
| − | | charge = No charge [[NLEC]]
| |
| − | | penalty =
| |
| − | | status = Repatriated
| |
| − | | csrt_summary =
| |
| − | | csrt_transcript=
| |
| − | | occupation =
| |
| − | | spouse =
| |
| − | | parents =
| |
| − | | children =
| |
| − | }}
| |
| − | '''Haji Bismullah''' is a citizen of [[Afghanistan]] who was held in [[extrajudicial detention]] in the [[United States]]'s [[Guantanamo Bay detention camp]]s, in [[Cuba]].<ref name=DoDList2>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| |
| − | | title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2006-05-15
| |
| − | | quote=
| |
| − | }}</ref>
| |
| − | His Guantanamo [[Internment Serial Number]] was 968.
| |
| − | American intelligence analysts estimate Bismullah was born in 1979 and was from [[Musa Qala, Afghanistan]].
| |
| − |
| |
| − | ==Combatant Status Review Tribunal==
| |
| − | Initially the Bush administration asserted that they could withhold all the protections of the [[Geneva Conventions]] to captives from [[the war on terror]].<ref name=Bbc2002-01-21>
| |
| − | {{Cite news
| |
| − | | url=http://news.bbc.co.uk/2/hi/americas/1773140.stm
| |
| − | | title=Q&A: What next for Guantanamo prisoners?
| |
| − | | publisher=[[BBC News]]
| |
| − | | date=2002-01-21
| |
| − | | accessdate=2008-11-24
| |
| − | | quote=
| |
| − | }} [http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror]
| |
| − | </ref>
| |
| − | This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct [[competent tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status.
| |
| − |
| |
| − | Subsequently the [[United States Department of Defense|Department of Defense]] instituted the [[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 [[enemy combatant]].
| |
| − |
| |
| − | ===Summary of Evidence memo===
| |
| − | A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for
| |
| − | Bismullah's
| |
| − | Combatant Status Review Tribunal,
| |
| − | on 26 October 2004.
| |
| − | <ref name=CsrtSummaryOfEvidenceBismullah968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#98
| |
| − | | title=Summary of Evidence for Combatant Status Review Tribunal -- Bismullah, Haji
| |
| − | | date=26 October 2004
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| − | | author=[[OARDEC]]
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| − | | pages=pages 98=99
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| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − | The memo listed the following allegations against him:
| |
| − |
| |
| − | {{quotation|
| |
| − | :a. The detainee is a member of the Taliban:
| |
| − | :#The detainee and his wife have been identified as members of the Taliban.
| |
| − | :#The detainee acted on behalf of leaders of Fidayan Islam.
| |
| − | :#Fidayan Islam is a terrorist organization in Afghanistan targeting United States and Coalition forces.
| |
| − | :#The detainee was directed to identify' and kill local Afghanis who were assisting U.S. forces.
| |
| − | :#The detainee was detained by American forces in Gereshk Village, Baghram District, which is located in Helmand Province, Afghanistan.
| |
| − |
| |
| − | :b. The detainee directly supported hostilities in aid of enemy armed forces.
| |
| − | :#The Detainee provided information concerning movements of U.S. forces in Helmand Province of Afghanistan to insurgent operatives opposed to U.S. forces.
| |
| − | }}
| |
| − |
| |
| − | ===Transcript===
| |
| − | Bismullah chose to participate in his Combatant Status Review Tribunal.<ref name=CsrtBismullah968>
| |
| − | {{cite web
| |
| − | | url={{DoD detainees ARB|Set_41_2665-2727.pdf#54-60}}
| |
| − | | title=Summarized Detainee Transcript
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | date=date redacted
| |
| − | | author=[[OARDEC]]
| |
| − | | accessdate=2010-04-20
| |
| − | | pages=54–60
| |
| − | }}</ref>
| |
| − | On March 3, 2006, in response to a [[court order]] from [[Jed Rakoff]] the [[United States Department of Defense|Department of Defense]] published a seven page summarized transcript from his Combatant Status Review Tribunal.<ref name=TheAge20060404>
| |
| − | {{cite news
| |
| − | | url=http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html
| |
| − | | title=US releases Guantanamo files
| |
| − | | publisher=[[The Age]]
| |
| − | | date=April 4, 2006
| |
| − | | accessdate=2008-03-15
| |
| − | | quote=
| |
| − | }}</ref>
| |
| − |
| |
| − | ==Administrative Review Board hearing==
| |
| − | [[File:ARB trailer.jpg|thumb|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".<ref name=TheWire20060310> ({{Cite news | url=http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1 | title=Review process unprecedented | publisher=[[JTF-GTMO Public Affairs Office]] | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006|accessdate=2007-10-10 }}</ref>]]
| |
| − |
| |
| − | Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[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.
| |
| − |
| |
| − | ===First annual Administrative Review Board===
| |
| − | A [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for Bismullah's first annual Administrative Review Board, on 12 October 2005.<ref name=ArbSummaryOfEvidenceBismullah968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#1
| |
| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bismullah, Haji
| |
| − | | date=12 October 2005
| |
| − | | author=[[OARDEC]]
| |
| − | | pages=pages 1–3
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − | The memo listed eighteen factors favoring continued detention.
| |
| − | The memo listed three factors favoring release or transfer.
| |
| − |
| |
| − | ''The following primary factors favor continued detention''
| |
| − | {{quotation|
| |
| − | :a. Commitment
| |
| − | ::The detainee has been a Taliban member for six years.
| |
| − |
| |
| − | :b. Connections/Associations
| |
| − | :#The detainee was a Deputy Commander for Rozei Khan, a Taliban Commander, during his time of command in combat.
| |
| − | :#The detainee worked for Abdul Wahed on the terrorist team.
| |
| − | :#The 40-man unit is part of the Taliban and supported by al Qaida. The supreme commander of the unit is Haji Raes Abdul Wahed.
| |
| − | :#The detainee provided some tactical information for the 40-man unit and used a short-range radio and long-range satellite telephone to communicate.
| |
| − | :#In response to United States’ requests for information against Fidayan Islam, Fidayan Islam leaders directed the detainee to find and kill the local Afghans that are helping the Americans.
| |
| − | :#Fidayan Islam is the combined effort of Hezb-e-Islami and active Taliban.
| |
| − | :#The detainee traveled the streets of Gereshk at night asking questions about the Americans and those who spoke to them. The detainee was hoping that a show of force would scare people into providing information that would lead to those helping United States Forces.
| |
| − | :#The detainee was an associate of Dost Mohammed. Dost Mohammed had planned a rocket attack against the United States military base in Deh Rawhud, Afghanistan in mid-August 2002.
| |
| − |
| |
| − | :c. Other Relevant Data
| |
| − | :#As Chief of Transportation, the detainee was issued a permit allowing him to carry a driver’s license, use a mobile phone and weapon. The detainee was also given a vehicle and two weapons.
| |
| − | :#During August 2002, the detainee and two other former Taliban officials traveled to Pakistan with the objective of acquiring a sedan type vehicle for use in a car bomb attack against the United States military base in Deh Rawhud, Afghanistan.
| |
| − | :#Activity by United States Special Force teams in Gereshk, Afghanistan was monitored by Afghan military on duty at checkpoints throughout the city. United States Special Force activity, no matter how trivial, was immediately reported to the detainee. The detainee then called his insurgent counterparts via radio notifying them that the Americans were coming and warning them that they should hide.
| |
| − | :#The detainee passed reports of United States Special Forces activity to Sher Mohammed. Mohammed followed similar reporting pattern to that of the detainee, alerting his insurgent counterparts by satellite phone.
| |
| − | :#The detainee was captured on 12 February 2003 at the Forward Operating Base in Gereshk, Afghanistan near the Afghanistan Department of Transportation Office.
| |
| − | :#On the morning of the detainee’s capture guards woke him up and told him that someone came by to tell him that the Americans were holding some of the governor’s brother’s people outside for carrying weapons without permits.
| |
| − | :#The detainee approached the United States soldiers and told them that he knew these people as Dost Mohammed’s soldiers and they were authorized to carry weapons even though they didn’t have their permits with them.
| |
| − | :#The United States soldiers asked the detainee to come back to base to answer more questions about the alleged Dost Mohammed soldiers.
| |
| − | :#The American forces took the detainee’s satellite phone and moved him to the detention facility in Kandahar the next morning.
| |
| − | }}
| |
| − |
| |
| − | ''The following primary factors favor release or transfer''
| |
| − | {{quotation|
| |
| − | :a. The detainee did not participate in jihad against the Russians.
| |
| − |
| |
| − | :b. The detainee has no knowledge of Taliban in his region.
| |
| − |
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| − | :c. The detainee considers himself a friend of the United States and would not do anything to damage this relationship.
| |
| − | }}
| |
| − |
| |
| − | ====Transcript====
| |
| − | Bismullah chose to participate in his Administrative Review Board hearing.<ref name=ArbBismullah968>
| |
| − | {{Cite news
| |
| − | | url=http://www.defenselink.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_10_21352-21661.pdf#83
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| − | | pages=pages 83–94
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| − | | title=Summary of Administrative Review Board Proceedings for ISN 968
| |
| − | | date=November 3, 2005
| |
| − | | author=[[OARDEC]]
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| − | | publisher=[[United States Department of Defense]]
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| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − | Bismullah’s Board convened on November 3, 2005.
| |
| − |
| |
| − | ===Second annual Administrative Review Board===
| |
| − |
| |
| − | A [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for
| |
| − | Bismullah's
| |
| − | second annual
| |
| − | Administrative Review Board,
| |
| − | on 11 October 2006.<ref name=ArbSummaryOfEvidenceBismullah968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_900-1009.pdf#4
| |
| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bismullah, Haji
| |
| − | | date=11 October 2006
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| − | | author=[[OARDEC]]
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| − | | pages=pages 4–5
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| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − | The memo listed six factors favoring continued detention.
| |
| − | The memo listed six factors favoring release or transfer.
| |
| − |
| |
| − | ''The following primary factors favor continued detention''
| |
| − | {{quotation|
| |
| − | :a. Commitment
| |
| − | :#A source stated that the 40-man unit is a part of the Taliban and receives money and weapons from al Qaida.
| |
| − | :#A source stated that the detainee had been a member of the Taliban for six years.
| |
| − | :#A source stated that the detainee provided some tactical information for the 40-man team and used a short-range radio and a long-range satellite telephone to communicate.
| |
| − | :#Leaders of a terrorist organization directed the detainee to find the local Afghan that were helping the Americans and kill them. The detainee was augmented with 25 armed personnel and three trucks from a known Taliban supporter. The detainee traveled the streets of a city in Afghanistan at night, asking questions about the Americans and those who spoke to them.
| |
| − |
| |
| − | :b. Connections/Associations
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| − | :#A source stated that the detainee worked for the Commander of the 40-man assassination group on the terrorist team.
| |
| − | :#A known Taliban supporter tried to get the detainee released because he had a lot of information on the former Taliban.
| |
| − | }}
| |
| − |
| |
| − | ''The following primary factors favor release or transfer''
| |
| − | {{quotation|
| |
| − | :a. The detainee claims he has never had any association with the Taliban.
| |
| − |
| |
| − | :b. The detainee denied having any affiliation with the 40-man team and denied knowing the commander of the 40-man team. The detainee stated that the Commander of the 40-man team was his enemy and so was the Taliban.
| |
| − |
| |
| − | :c. The detianee claimed that he had no knowledge of the Taliban in his region.
| |
| − |
| |
| − | :d. The detainee claims he has never used his employment to provide any services to the Taliban.
| |
| − |
| |
| − | :e. The detainee stated that he had no reason to watch Americans or tell anyone what Americans do because he considers the Americans his friends.
| |
| − |
| |
| − | :f. The detainee claims he has never provided armed guards for any Taliban tasking.
| |
| − | }}
| |
| − |
| |
| − | ====Transcript====
| |
| − | Bismullah chose to participate in his Administrative Review Board hearing.<ref name=Arb2Bismullah968>
| |
| − | {{Cite news
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2599-2697.pdf#78
| |
| − | | pages=pages 78–84
| |
| − | | title=Summary of Administrative Review Board Proceedings for ISN 968
| |
| − | | date=November 3, 2005
| |
| − | | author=[[OARDEC]]
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − | Bismullah’s Board convened on November 3, 2005.
| |
| − |
| |
| − | ====Affidavit from Haji Mohammed Wali====
| |
| − | Attached to his transcript was a covering letter and an affidavit from his brother Haji Mohammed Wali.<ref name=Arb2Bismullah968Affidavit>
| |
| − | {{Cite news
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2599-2697.pdf#78
| |
| − | | pages=pages 85–95
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| − | | title=Declaration of Haji Mohammed Wali
| |
| − | | date=February 10, 2006
| |
| − | | author=[[OARDEC]]
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2007-11-22
| |
| − | }}</ref>
| |
| − |
| |
| − | ===Third annual Administrative Review Board===
| |
| − | A [[Summary of Evidence (ARB)|Summary of Evidence memo]] was prepared for Bismullah's third
| |
| − | annual Administrative Review Board.<ref name=Arb3Isn968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_FactorsDocsBates651-742.pdf#57
| |
| − | | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Unknown, Bismullah
| |
| − | | pages=pages 57–59
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | author=[[OARDEC]]
| |
| − | | date=2007-12-04
| |
| − | | accessdate=2009-01-18
| |
| − | | quote=
| |
| − | }}
| |
| − | </ref>
| |
| − |
| |
| − | ''The following primary factors favor continued detention''
| |
| − | {{quotation|
| |
| − | :a. Commitment
| |
| − | :#The detainee was identified as part of the 40-man team that conducted operations against American forces.
| |
| − | :#The 40-man unit was known to be tasked with carrying out several political assassinations.
| |
| − | :#The 40-man unit was identified as part of the Taliban, and was known to receive money and weapons from al Qaida. The detainee was identified as having been a member of the Taliban for six years.
| |
| − | :#The detainee was identified as having provided some tactical information for the 40-man team and having used a short-range radio and a long-range satellite telephone to communicate.
| |
| − | :#The leaders of a terrorist organization were known to have directed the detainee to find the local Afghans that were helping the Coalition Forces and kill them. The detainee was augmented with 25-armed personnel and three trucks from a known Taliban supporter. The detainee traveled the streets of a city in Afghanistan at night, asking questions about Coalition Forces and those who spoke to them.
| |
| − | :#Afghan Military Forces soldiers on duty at checkpoints throughout the city immediately reported Coalition Forces activity, no matter how trivial, to the detainee. The detainee would then radio his insurgent counterparts to notify them that the Coalition Forces were coming and warn them that they should hide. The detainee would also pass reports of Coalition Forces activity to Sher Mohammed.
| |
| − |
| |
| − | :b. Connections/Associations
| |
| − | :#The detainee stated he was appointed Director of Transportation for Gereshk, Helmand Province through family connections with the Governor of Helmand Province, Sher Mohammed.
| |
| − | :#Sher Mohammed headed a communications network that compromised operations by Coalition Forces in Helmand Province, Afghanistan.
| |
| − | :#Sher Mohammed stated publicly that he was, and always would be, Taliban.
| |
| − | :#The detainee stated he would die for Sher Mohammed if he had to.
| |
| − | :#The detainee was known to have worked for the commander of the 40-man unit.
| |
| − |
| |
| − | :c. Other Relevant Data
| |
| − | :#The detainee stated he affected the release of six people who were captured with four to five AK-47 rifles and no identification. The detainee stated he was expected to negotiate the release of the captured individuals by virtue of his position in the village and his relationship with Helmand's governor, Sher Mohammed. The detainee states that on the day he was detained, he was visiting Sher Mohammed in Lashkar Gah, Afghanistan and had met some of the Americans who later arrested him. The detainee stated he was captured on 12 February 2003. The detainee stated he was detained while helping the six captured individuals because he had a satellite phone.
| |
| − | :#The detainee stated he was last in Pakistan in November 2002 to take his mother to a doctor.
| |
| − | }}
| |
| − |
| |
| − | ''The following primary factors favor release or transfer''
| |
| − | {{quotation|
| |
| − | :a. The detainee stated he had no knowledge of Taliban in his region. The detainee stated his satellite phone was used only to report problems within his department to the governor and to talk to friends.
| |
| − |
| |
| − | :b. The detainee stated he has never heard of Abdul Wahed. The detainee stated he has never conducted night surveillance searching for information relating to Afghanistan citizens assisting United States Armed Forces. The detainee considers himself a friend of the United States and would not do anything to damage this relationship.
| |
| − |
| |
| − | :c. The detainee denied having any affiliation with the 40-man unit headed by Abdul Wahed and denied knowing Wahed. The detainee stated Wahed was his enemy and so was the Taliban.
| |
| − |
| |
| − | :d. The detainee stated he never spoke on his satellite telephone with others suspected to be on the 40-Man terrorist unit.
| |
| − |
| |
| − | :e. The detainee stated he has never had any association with the Taliban. The detainee stated he never used the Department of Transportation to provide any service to the Taliban. The detainee stated he has never provided armed guards for any Taliban tasking.
| |
| − |
| |
| − | :f. The detainee stated he had no reason to watch Americans or tell anyone what Americans do because he considers the Americans his friends.
| |
| − |
| |
| − | :g. The detainee stated that before he was arrested, he did not know of any Taliban, al Qaida, or Fidayan Islam members or sympathizers in the area. The detainees stated everyone was happy in the area and there was no anti-coalition activity taking place.
| |
| − | }}
| |
| − |
| |
| − | ====Board recommendations====
| |
| − | On January 9, 2009, the Department of Defense released two heavily redacted memos, from his Board, to [[Gordon England]], the [[Designated Civilian Official (OARDEC)|Designated Civilian Official]].<ref name=ArbRecommendationIsn968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2954-3508.pdf#538
| |
| − | | title=Administrative Review Board assessment and recommendation ICO ISN 968
| |
| − | | date=2008-01-27
| |
| − | | author=[[OARDEC]]
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2009-01-18
| |
| − | | pages=page 538
| |
| − | }}</ref><ref name=ArbBasisForRecommendationIsn968>
| |
| − | {{Cite web
| |
| − | | url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/08-F-0481_ARB3DecisionMemos2954-3508.pdf#539
| |
| − | | title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 968
| |
| − | | date=2007-12-14
| |
| − | | author=[[OARDEC]]
| |
| − | | publisher=[[United States Department of Defense]]
| |
| − | | accessdate=2009-01-18
| |
| − | | pages=pages 539–546
| |
| − | }}</ref>
| |
| − | The review board convened on December 14, 2007.
| |
| − | The Board's recommendation was unanimous.
| |
| − | The Board's recommendation was redacted.
| |
| − | The Board's recommendation was forwarded to England on January 27, 2008. England authorized continued detention on February 2, 2008.
| |
| − |
| |
| − | ==Bismullah v. Gates==
| |
| − | Bismullah had a [[writ of habeas corpus]] submitted on his behalf -- [[Bismullah v. Gates]].<ref name=Scotusblog20070510>
| |
| − | {{Cite news
| |
| − | | url=http://www.scotusblog.com/movabletype/archives/2007/05/new_development.html
| |
| − | | date= May 10, 2007
| |
| − | | title=New developments on detainees
| |
| − | | author=[[Lyle Denniston]]
| |
| − | | publisher=[[Scotusblog]]
| |
| − | | accessdate=2007-09-18
| |
| − | |archiveurl = http://web.archive.org/web/20070907031146/http://www.scotusblog.com/movabletype/archives/2007/05/new_development.html <!-- Bot retrieved archive --> |archivedate = 2007-09-07}}</ref>
| |
| − |
| |
| − | On July 20, 2007 a DC Court of Appeals ruled that Bismullah's lawyers, and by extension, all the captive's lawyers, were entitled to access all the classified evidence in their captive's dossiers.<ref name=DoJBismullahVGates20070720>
| |
| − | {{Cite web
| |
| − | | url=http://pacer.cadc.uscourts.gov/docs/common/opinions/200707/06-1197a.pdf
| |
| − | |format=PDF| title=Bismullah v. Gates
| |
| − | | date=2008-07-20
| |
| − | | publisher=[[United States Department of Justice]]
| |
| − | | accessdate=2007-09-18
| |
| − | }}</ref><ref name=TexasLawJournal>
| |
| − | {{Cite news
| |
| − | | url=http://tilj.org/journal/entry/43_41_huskey/
| |
| − | | title=Standards and Procedures for Classifying “Enemy Combatantsâ€: Congress, What Have You Done?
| |
| − | | publisher=[[Texas International Law Journal]]
| |
| − | | author=[[Kristine A Huskey]]
| |
| − | | date=Fall 2007
| |
| − | | accessdate=2008-04-29
| |
| − | | quote=
| |
| − | }}</ref>
| |
| − |
| |
| − | ==Determined not to have been an enemy combatant after all==
| |
| − | On January 17, 2009, [[Carol Rosenberg]], writing in the ''[[Miami Herald]]'', quoted Guantanamo spokesman [[Jeffrey D. Gordon|Jeffrey Gordon]], that a panel of officers had recently reviewed Bismullah's "enemy combatant" status, and determined, "based on new evidence", that he was [[not an enemy combatant after all]].<ref name=MiamiHerald2009-01-17>
| |
| − | {{Cite news
| |
| − | | url=http://www.miamiherald.com/news/nation/story/858981.html
| |
| − | | title=Six more detainees freed from Guantánamo
| |
| − | | publisher=[[Miami Herald]]
| |
| − | | author=[[Carol Rosenberg]]
| |
| − | | date=2009-01-17
| |
| − | | accessdate=2009-01-18
| |
| − | | quote=
| |
| − | }} {{Dead link|date=October 2010|bot=H3llBot}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2Fnews%2Fnation%2Fstory%2F858981.html&date=2009-01-18 mirror]
| |
| − | </ref>
| |
| − | Bismullah was released to Afghanistan on January 17. Five other men, an Algerian and four Iraqis, were repatriated to custody of their home countries.
| |
| − |
| |
| − | ==See also==
| |
| − | *[[2003 Lejay firefight]]
| |
| − |
| |
| − | ==References==
| |
| − | <div class="references-small">
| |
| − | {{Reflist|2}}
| |
| − |
| |
| − | ==External links==
| |
| − | *[http://www.nytimes.com/2009/01/19/washington/19gitmo.html?_r=1 Rulings of Improper Detentions as the Bush Era Closes] [[The New York Times]] January 18, 2009
| |
| − | *[http://washingtonindependent.com/26172/24-gitmo-prisoners-ruled-wrongfully-held-in-just-the-last-3-months 24 Gitmo Prisoners Ruled Wrongfully Held in Last Three Months]
| |
| − | *[http://www.andyworthington.co.uk/2009/01/26/refuting-cheneys-lies-the-stories-of-six-prisoners-released-from-guantanamo/ Refuting Cheney’s Lies: The Stories of Six Prisoners Released from Guantánamo] Andy Worthington
| |
| − | *[http://www.andyworthington.co.uk/the-guantanamo-files-website-extras-12-the-last-of-the-afghans-part-two/ The Guantánamo Files: Website Extras (12) – The Last of the Afghans (Part Two)] Andy Worthington
| |
| − |
| |
| − | {{WoTPrisoners}}
| |
| − | {{Afghanistan War}}
| |
| − |
| |
| − | {{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->
| |
| − | | NAME = Haji Bismullah
| |
| − | | ALTERNATIVE NAMES =
| |
| − | | SHORT DESCRIPTION =
| |
| − | | DATE OF BIRTH = 1979
| |
| − | | PLACE OF BIRTH = [[Musa Qala, Afghanistan]]
| |
| − | | DATE OF DEATH =
| |
| − | | PLACE OF DEATH =
| |
| − | }}
| |
| − | {{DEFAULTSORT:Bismullah, Haji}}
| |
| − | [[Category:Living people]]
| |
| − | [[Category:Year of birth uncertain]]
| |
| − | [[Category:Guantanamo detainees known to have been released]]
| |
| − | [[Category:Afghan extrajudicial prisoners of the United States]]
| |
| − | [[Category:1979 births]]
| |
| − | [[Category:Guantanamo captives whose status was reviewed by multiple Tribunals]]
| |
There were two, or possibly three, other Guantanamo detainees named Abdul Ghafour. The US Department of Defense released what they described as a full official list of all the detainees captured during the war on terror, who had been held in Guantanamo, in military custody.[1]
That list has entries for an Abdul Ghaffar, reported to have been born in Kandahar in 1958, and an
Abdul Ghafour, reported to have been born in Pattia Province in 1962.[2][3]
Many militia groups fought to liberate Afghanistan from Soviet occupation. When the Communists were driven out the militia groups entered into alliances, and fought civil wars, with one another.
The Hezb-E-Islami Gulbuddin and the Taliban were rival groups during the civil war.
