Moheb Ullah Borekzai

For other uses, see Mohibullah (disambiguation).

Moheb Ullah Borekzai
Born	1982 (age 28–29)
Detained at	Guantanamo
Alternate name	Moheb Ullah Borekzai
ISN	546
Charge(s)	No charge (held in extrajudicial detention)

Muhibullah or Moheb Ullah Borekzai is a citizen of Afghanistan who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.^[1] His Guantanamo Internment Serial Number was 546. American 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.^[2]

Identity

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

Combatant Status Review Tribunal

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.^[3][4] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[5]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.^[6] This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

Muhibullah chose to participate in his Combatant Status Review Tribunal.^[7]

Allegations

The allegations Muhibullah faced, during his Tribunal, were:^[7]

a. The detainee is a member of the Taliban.

1. Detainee was recruited by Syed Sha Agha in late 1998/early 1999 to serve in the Taliban Security Force. The detainee worked in Kabul and carried a Kalashnikov rifle and ammunition for approximately one and a half years.
2. Detainee worked for Syed Shah Agha or Abdul Bari, an official in the 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.
3. Detainee attended a dinner hosted by Commandant Kamal [sic] at his home in Towraghondi, AF [sic]. Kamal was warlord for Ismail Khan.
4. The Detainee acquired a rifle from a Mujahideen fighter, Abdul Ghafar.
5. Detainee surrendered to Northern Alliance forces in November of2001.

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 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 did not 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

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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.^[8]

The following primary factors favor continued detention

a. Connections/Associations

1. The detainee worked for the Taliban Governor of 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 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 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

a. Other Relevant Data

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

Transcript

Muhibullah chose to participate in his Administrative Review Board hearing.^[9]

Repatriation

On November 26, 2008 the Department of Defense published a list of when captives left Guantanamo.^[10] According to that list Mohibullah was repatriated on July 19, 2005.

Reporters interviewed Borekzai, and Habir Russol, another Afghani who was released at the same time, on July 20, 2005, the day they arrived home.^[11] In this interview they revealed that Camp Delta was in the midst of a widespread 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.^[11][12][13] Initially DoD spokesman Flex Plexico denied any knowledge of a hunger strike.^[14] 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.

Pentagon claim he had "returned to the fight"

On May 20, 2009, the 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."^[15][16] On May 27, 2009, the Defense Intelligence Agency published a "fact sheet" listing Guantanamo captives who had "re-engaged in terrorism".^[17] It stated that Mohibullah was suspected of "association with the Taliban".

Main article: Lists of released Guantanamo prisoners who allegedly returned to battle

References

1. ^ ^{a b} "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
2. ^ "Muhibullah - The Guantánamo Docket". The New York Times. http://projects.nytimes.com/guantanamo/detainees/546-muhibullah. 
3. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
4. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
5. ^ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
6. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.  mirror
7. ^ ^{a b} Summarized transcripts (.pdf), from Muhibullah's Combatant Status Review Tribunal - pages 64-76
8. ^ Factors for and against the continued detention (.pdf) of Muhibullah Administrative Review Board - page 82
9. ^ Summarized transcript (.pdf), from Muhibullah's Administrative Review Board hearing - page 8
10. ^ 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. 
11. ^ ^{a b} "Hunger strike confirmed at Guantanamo Bay". CBC,. July 22, 2005. http://www.cbc.ca/world/story/2005/07/22/Guantanamo-Bay-protest-050722.html. Retrieved 2007-01-22. 
12. ^ ^{a b} "U.S. military says 52 detainees at Guantanamo are on hunger strike". Baltimore Sun. July 22, 2005. Archived from the original on 2006-10-11. http://web.archive.org/web/20061011084113/http://www.baltimoresun.com/news/custom/attack/bal-te.gitmo22jul22,0,7997960.story?coll=bal-attack-headlines. Retrieved 2007-01-22. 
13. ^ "Two men claim hunger strike at Guantanamo". China Daily. July 21, 2005. http://www.chinadaily.com.cn/english/doc/2005-07/21/content_462095.htm. Retrieved 2007-01-22. 
14. ^ "Afghans tell of hunger strike at Guantanamo". Taipei Times. July 22, 2005. http://www.taipeitimes.com/News/world/archives/2005/07/22/2003264520. Retrieved 2007-01-22. 
15. ^ Elizabeth Bumiller (2009-05-20). "Later Terror Link Cited for 1 in 7 Freed Detainees". 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. 
16. ^ "Recidivism". 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. 
17. ^ "Fact sheet: Former Guantanamo detainee terrorism trends". 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. 

Persondata
Name	Muhibullah
Alternative names
Short description
Date of birth	1982
Place of birth
Date of death
Place of death