Nazargul Chaman

Nazargul Chaman is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] His detainee ID number is 1037. American intelligence analysts estimate the Chaman was born in 1980, in Manikhel, Afghanistan.

Identity

Captive 1037 was identified inconsistently on the two official lists:L
*He was listed as Nazargul Chaman on the list released on April 20 2006. [http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006]
* He was listed as Nasser Gul Ghaman on the list released twenty-five days later, on May 15 2006. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]

In captive 1037's Combatant Status Review Tribunal testimony he describes traveling from his home in Tajikistan across Afghanistan to visit his son, at school, in Pakistan. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_4_0320-0464.pdf#30 Summarized transcripts (.pdf)] , from Nazargul Chaman's"Combatant Status Review Tribunal" - pages 30-34] The official lists of names says Chaman was a citizen of Afghanistan, not Tajikistan, and says that he was born in 1980 -- too young to have a son at school in Pakistan. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]

Captive 1037 described, during his Combatant Status Review Tribunal; being captured by bounty hunters in Kunoz before Ramadan, in 2001. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_4_0320-0464.pdf#30 Summarized transcripts (.pdf)] , from Nazargul Chaman's"Combatant Status Review Tribunal" - pages 30-34] Captive 1037 described, during his Combatant Status Review Tribunal; his experience of the riot at Mazari Sharif in detail. The riot occued in late 2001.

However the allegations captive 1037 faced during his Administrative Review Board state that he was captured on May 5 2003 — a year and a half later. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010.pdf#51 Summarized transcript (.pdf)] , from Nazargul Chaman's "Administrative Review Board hearing" - page 51]

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 date=December 2007

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a 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

ummary of Evidence memo

A Summary of Evidence memo was prepared for Chaman Nazargul's Combatant Status Review Tribunal, on 13 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#34
title=Summary of Evidence for Combatant Status Review Tribunal -- Nazargul, Chaman
date=13 October 2004
pages=pages 34-35
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-25] The memo listed the following allegations against him:

:"'a. The detainee is a member of an organization that associated with and supported al Qaida::#The detainee originally lived in Afghanistan, but left with his family during the conflict with Russia sic.:#The detainee returned to Afghanistan in April 2003 and at that that time, he became a security guard under the leadership of a local General.:#In his role as a guard, the detainee was issued a Kalashnikov sic rifle and he was assigned to guard a warehouse used for storing fuel.:#The detaiene was captured at the home of a suspected Hezb-e-Islami Gulbuddin (HIG) commander.:#HIG is a known terrorist organization that has long established ties to al Qaeda.:#The detainee is a member of the Itihad Islami, a known HIG front organization, and when captured had an identification card.

:"'b. The detainee participated in military operations against the United States and its coalition partners::#The detainee, as HIG commander sic, and his brother sic have been linked to several attacks sic against U.S. forces in the vicinity of Jalalabad, Afghanistan.

Transcript

Chaman chose to participate in his Combatant Status Review Tribunal.But the transcript released with his ISN was actually that of Mehrabanb Fazrollah.

Administrative Review Board hearings

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 hearing

Captive 1037 chose to participate in his first annual Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010.pdf#51 Summarized transcript (.pdf)] , from Nazargul Chaman's "Administrative Review Board hearing" - page 51-63 - September 2005]

Factors for and against continued detention

*"The detainee was captured with an identified long-time Hezb-e Islami Gulbuddin sic (HG) sic member.
*"Gulbuddin Hekmatyar found Hezb-e Islami Gulbuddin sic (HIG) as a faction of the Hezb-e Islami Gulbuddin party sic in 1977. It was one of the major mujahedin groups fighting the Soviets. Hezb-e Islami Gulbuddin has long-established ties with Bin Laden. In the early 1990s, Hekmatyar ran several terrorist training camps in Afghanistan. He pioneered sending mercenary fighters to other Islamic conflicts.
*"In April 2003, the detainee moved from Pakistan to Gardez, Afghanistan, to work as a security guard at a fuel depot. The guards also manned vehicle checkpoints on the road from Khost, Afghanistan, to Gardez, Afghanistan.
*"The detainee was captured 5 May 2003 in a suspected Hezb-e Islami Gulbuddin safe house.
*"The detainee denied any association with Taliban, Hezb-e Islami Gulbuddin, or any other terrorist groups. He also denied being contacted for recruitment to any type of organization.
*"The detainee stated his only reason for coming to Afghanistan was to work for the Karzai government.

Assisting Military Officer's report on his initial interview

Nazargul Ghaman's Assisting Military Officer told theBoard he met his Nazargul on September 22 2005, for 58 minutes.Nazargul participated in the interview with the aid of a Pashto translator.According to his Assisting Military Officer Nazargul chose to respond to each allegation in turn, as they were read aloud, during his hearing.

The Assisting Military Officer described Nazargul as "polite and cooperative" during his interview.

The Assisting Military Officer repeated a comment Nazargul; had made during his hearing:quotation|"Yes, I will attend. These allegations against me are lies. These are allegations and Istrongly deny them. I was only in Afghanistan 18 days. In 18 days I came to Afghanistan and I becamea big shot? I will talk there and answer each question."

Response to the factors

*He denied that he was captured with a long-time Hezb-e Islami Gulbuddin member.
*He acknowledged having heard of Hekmatyar Gulbuddin, a former President of Afghanistan, prior to the Taliban's seizure of power. But he knew nothing about his activities, or how many Afghan training camps he may run.
*He acknowledged traveling to Gardez Afghanistan, from Pakistan, in April 2003, to work for Hamid Karzai's government.
*He denied he was captured in a Hezb-e Islami Gulbuddin safehouse.
*He confirmed that he has denied any association with the Taliban, Hezb-e Islami Gulbuddin, or any other terrorist groups. He confirmed that anyone had attempted to recruit him into any terrorist groups.
*He confirmed that the only reason he traveled to Afghanistan was to work for the Karzai government.

Opening statement

quotation|I just came to Afghanistan to work for the government of Karzai and in the 18 days I was there they captured me.I don't have any enemies. The United States is not my enemy and I am not their enemy, and I hope I should not betheir enemy, too.

I came to Afghanistan with my father's advice to go there to work for the government of Karzai.I don't have any enemies and I came there and I don't know why.

For two and half "(sic)" years I have been here in Cuba and nothing has happened. One day they tell me one thingand the next day they tell me things are not fair and it should not be like that.

They brought me here and I don't know my fate. I worked for the government of Karzai and you guys arrested me.In this government people should be free and they should do whatever they want.

In eighteen days how [could] I be a big guy. "(sic)" I am not a commander of Gulbuddin Hekmatyar and I can give you my brother's number in Pakistan and you can call him and you can find out from him.

Is there any evidence? I don't lie and if I lie I don't benefit "(sic)". If there is any proof and evidence, ifI fired one single shot in Afghanistan, then you guys can hold me here.

If a soldier comes here to this camp in18 days and doesn't know anything he will ask how to operate things and how to do things.He doesn't even know how to get to these camps.

My situation was the same in 18 days, I didn't know anything. Even if I was two months there you would "(sic)" say "(sic)" Iwas Gulbuddin's commander and I wasn't working with al Qaeda or the Taliban.

The allegation is that my brother and I I "(sic)" are working against the United States forces in Jalalabd.How can you judge this on my 18 days?

I am not able to read and write. How am I a commander?

If there is a witness, then bring that witness to this court.

If he is a witness and I am "(sic)" criminal he should not be afraid of being here in front of me to say that I did thisand here is the proof and here is the evidence.

Then you can punish me and you can do anything to me that you want.

When I came to Afghanistan, I got a job with the government. They start [ed] my salary.Now I am here, I have family and I don't have any income. I have to get my money backfor the time I have been here.

If I am guilty and I am a bad guy then you guys can do anything you want, but I am innocent.

In the same camp "(sic)" I told them I work for the government of Karzai, I don't have anyenemies and you are not my enemy. Why don't you ask in my village of twenty people if I amcommander then you can get much more information."

econd annual Administrative Review Board hearing

The following primary factors favor continued detention:

The following primary factors favor release or transfer:

:

Press reports

Canadian journalist, and former special assistant to US President George W. Bush, David Frum, published an article based on his own reading of the transcripts from the Combatant Status Review Tribunals, on November 11 2006.cite news
url=http://frum.nationalreview.com/post/?q=OTQxMWVkMjJlNWZiMmE3ZmRlYTM5MDU4ZWFlOTQxOGY=
title=Gitmo Annotated
date=November 11 2006
publisher=National Review
author=David Frum
accessdate=2007-04-23] It was Frum who coined the term "Axis of evil" for use in a speech he wrote for Bush. Chaman's transcript was one of the nine Frum briefly summarized.His comment on Chaman was:

Frum came to the conclusion that all nine of the men whose transcript he summarized had obviously lied. He did not, however, state how he came to the conclusion they lied.His article concluded with the comment:

References