Ilkham Turdbyavich Batayev

Ilkham Turdbyavich Batayev (born on 7 November 1973) was held in extrajudicial detention for over four years in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Batayev's Guantanamo detainee ID number is 084.

He was born in Abaye, Kazakhstan.

Identity

The DoD identified Batayev as a citizen of Uzbekistan when it released its full official list of detainee names and nationalities on May 15 2006. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] But when he was released the "Miami Herald" reported that he was really a citizen of Kazakhstan.cite news
author=
url=http://www.miami.com/mld/miamiherald/16291392.htm?template=contentModules/printstory.jsp
title=Three ex-Guantánamo detainees free in Kazakhstan
publisher=Miami Herald
date=December 21 2006
accessedate=December 21 2006] He was released to Kazakhstan, not Uzbekistan.The "Miami Herald" transliterated his name as Ihlkham Battayev.

CSRT-Yes [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_10_1089-1144.pdf#47 Summarized transcripts (.pdf)] , from Ilkham Turdbyavich Batayev's"Combatant Status Review Tribunal" - pages 47-53]

:"'a. Detainee is associated with the Taliban.:#In early 2001, detainee claims he was conscripted into serving with the Taliban by armed men in Tajikistan, who were likely affiliated with the Islamic Movement of Uzbekistan (IMU), a central Asian militant organization that directly supported the Taliban in operations against coalition forces.:#The detainee is suspected to be a member of the IMU.

:"'b. Detainee engaged in hostilities against the US or its coalition partners.:#Detainee fought at Konduz, Afghanistan.:#Detainee admitted that he prepared food for Taliban fighters while he was in Konduz, Afghanistan.:#Detainee surrendered to Northern Alliance forces at Mazar-E-Sharif sic.:#Detainee sustained injuries during a prison uprising in Mazar-E-Sharif sic whil in the custody of Northern Alliance forces.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#4
title=Summary of Evidence for Combatant Status Review Tribunal -- Batayev, Ilkham Turdbyavich
date=21 September 2004
author=OARDEC
pages=page 4
publisher=United States Department of Defense
accessdate=2007-11-23]

Testimony

Batayev was confused with whether the Tribunal was a court of law, and why he wasn’t being provided with a lawyer.

Batayev told the Tribunal he was not from Uzbekistan, he was from Kazakhstan.

Batayev explained that he had come to Tajikstan to sell apples, and in Tajikistan he was seized by men who sold him to the Taliban. The Taliban didn’t try to employ him as a fighter. They put him to work assisting in a kitchen. He was employed in this fashion for five to six months. When the Americans attacked everyone ran away and he was able to escape.

Batayev was captured the next day by Northern Alliance forces. He was sent to Mazari Sharif, and he described his experience of the uprising there. The group of men he was incarcerated with were being kept in a basement. When they were ordered out he heard shooting. He was injured by a grenade that killed most of the other men he had been with. He and other survivors were trapped for five or six days in the basement. Eventually the Northern Alliance tried burning them out, and then tried flooding them out. When he was well enough to be moved he was sent to Guantanamo.

When his testimony was over the Tribunal President thanked him for his co-operation, and commented on his white uniform.

Batayev chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_5_20000-20254.pdf#116 Summarized transcript (.pdf)] , from Ilkham Turdbyavich Batayev's "Administrative Review Board hearing" - page 116]

Guests

His Presiding Officer explained to Batayev that the civilians he asked about were the Presiding Officer's "guests" sic.He explained: "Some are military and the others are from the press."

His hearing was held in the same room as his Combatant Status Review Tribunal.

Interview with his Assisting Military Officer

His Assisting Military Officer told his board that he met with Ilkham Turbadeyvich Batayev on October 10 2005, for 45 minutes.The documents were translated for Batayev into Russian, not Farsi.The Assisting Military Officer described Batayev as "cooperative and very polite during the interview."

"The following primary factors favor continued detention:

:""'a. Commitment:#"Men from an Islamic group wanted the detainee to join the group for jihad. The detainee spent eight to ten days with three Islamic groups before being flown to Konduz, Afghanistan.:#"After staying in Konduz, Afghanistan for seven to eight months, the detainee was taken to Mazar-e-Sharif "sic" to be surrendered to Dostum's troops.:#"The detainee was caught smuggling $600,000 in United States currency.

:""'b. Training:#"The detainee received training on the Kalashnikov "sic" and gas mask during the ninth and tenth grade.:#"In June 2000, the detainee was part of a group of new recruits that was sent to Tajikistan for training.:#"A Foreign Government Service reported this group was transporting counterfeit United States dollars to an unidentified camp run by the Taliban when arrested in Tajikistan.

:""'c. Connections and Associations:#"The detainee is a suspected member of the Islamic Movement of Uzbekistan (IMU) because some of the information that he provided was nearly identical to information provided by a known member of the IMU.:#"A Foreign Government Service reported the detainee as a member of the IMU.:#"IMU is a coalition of Islamic militants from Uzbekistan and other Central Asian states opposed to Uzbekistani President Islom Karimov's secular "sic" regime. Although the IMU's primary goal remains to overthrow Karimov and establish an Islamic state in Uzbekistan, it appears to have widened its targets to include all those perceived as fighting Islam.:#"The detainee was an associate of Adbuhalim Pakhrutdinov "sic", a major supporter of Islamic extremist activities in Central Asia and a major financier of the IMU. The detainee worked for Pakhrutdinov at his business Al Baraka "sic".:#"The detainee's position with AL Barakat "sic" was that of "cashier" and he worked on site at the company building. As a "cashier", the detainee was one of several people who received the cash money from those who sell Pakhrutdinov's products elsewhere. He then files the money away in a safe-like room.:#"The detainee was identified as a person observed at Konduz, Afghanistan fighting: "sic" Al Janke, Shabraghan prison; "sic" and Kandahar, Afghanistan.

:""'d. Other Relevant Data:::"The detainee was at Maser-e-Sharif "sic" during the uprising. The detainee was lined up in the courtyard with approximately 15-20 people when the shooting started. The detainee recalled running towards the stairwell and hearing gunfire coming from it. A grenade exploded and he suffered leg and back injuries.

"The following primary factors favor release of transfer:

:*"While he was with the group of men in Tajikistan and during the several months that would follow in Konduz and Mazar-e-Sharif "sic", he was never threatened with bodily harm, but always feared if he attempted to escape, he would be killed by these men.:*"The detainee did not want to join the Islamic group for jihad.:*"The detainee has never had any problems with the police anywhere and has never been arrested. The detainee has no knowledge of any counterfeiting to include "sic", money, passport, and travel documents.:*"The detainee stated all information regarding him being captured with $600,000 United States currency was false.

Response to the factors

Batayev said he had met with his lawyer, since his innterview with his Assisting Military Officer. He said he trusted his lawyer, and his lawyer told him not to answer any questions, and to refer the questioners to him. He had his lawyer's card. And said that his lawyer encouraged the Board to phone him.

Response to Board questions

Batayev's Board insisted on asking him questions, which he politely declined to answer. Of the dozen questions he was asked he declined to answer all but one, the last one,about the grenade wounds he suffered in the prison at Mazar-e-Sharif. Batayev said he had fully recovered.

Concluding statement

:"Before we end, I would like to say a few words. In the past I have never met Americans, never dealt with Americans but I have heard from other people that in America you have a Democracy. Without knowing the language [spoken] in America I heard that America was a fair country that did not kill people and actually goes to help other countries that are unfaair to their people (other countries unfair to their own).I have been there for four years now and I have not seen an ounce of Democracy and I am wondering if all the things I have heard about America was a lie. The American government before was an example for other countries. You would go in and set regime for peopole of other countries who did not have their own rights. I am from Kazakhstan a country where the sun rises and [the United States] is a country where the sun sets. I have never had anything against the U.S. and cannot understand the allegations brought against me. I have never killed anyone, I have never done anything against Americans are angry because from what I have heard is someone flew an airplane into a building and maybe killed a child or someone's father or someone's brother but I didn't do that. I was never against America. I am very sad for what happened but I also have a mother and a father."

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000001-000095.pdf
title=Administrative Review Board assessment and recommendation ICO ISN 084
date=November 29 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-03
pages=pages 58-59
format=PDF] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000001-000095.pdf
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 084
date=12 October 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-03
pages=pages 60-64
format=PDF] The Board's recommendation was unanimous.The Board's allegations were redacted.England authorized the captive's transfer from Guantanamo on November 29 2005.

One of the unredacted statements in his
Classified Record of Proceedings and basis of Administrative Review Board recommendation stated:quotation
ISN 121 was shown a picture of the EC [enemy combatant] and identified him as a person he observed at Konduz, Afghanistan in combat (DMO-15).

Tom Johnson, Batayev's lawyer

On 9 August 2006 Batayev's lawyer, Tom Johnson, of Portland, Oregon, was profiled by the "Willamette Week". [http://www.wweek.com/story.php?story=7873 Distant Justice: How a Portland lawyer is trying to help one Guantánamo detainee return to his life as a fruit trader] , "Willamette Week", August 9 2006] Johnson remarked on how Batayev continued to keep his hopes up that he would eventually be released.

Release

The Portland, Oregon law firm Perkins Cole issued a press release on December 18 2006 announcing Ihlkham Battayav's release.cite news
url=http://www.perkinscoie.com/news/news_detail.aspx?news=178
title=Perkins Coie Pro Bono Client Ihlkham Battayav Released from Guantanamo
publisher=Perkins Cole
date=December 18 2006
accessdate=2008-04-03
quote=] The press release stated:quotation
The Perkins Coie team of Fortino, Tom Johnson and Cody Weston began representing Battayav, pro bono, in late 2004. The team made five trips to Guantanamo, numerous trips to the Kazakh embassy in Washington, D.C., and a trip to Kazakhstan to meet with his family, the Kazakh press and potential witnesses.

The "Miami Herald" reports that three of the four Kazakh detainees in Guantanamo were repatriated and set free on December 21 2006.cite news
author=
url=http://www.miami.com/mld/miamiherald/16291392.htm?template=contentModules/printstory.jsp
title=Three ex-Guantánamo detainees free in Kazakhstan
publisher=Miami Herald
date=December 21 2006
accessedate=December 21 2006] According to the Herald the two other released men were Abdullah Tohtasinovich Magrupov and Yakub Abahanov.

McClatchy News Service interview

On June 15 2008 the McClatchy News Service published a series of article based on interviews with 66 former Guantanamo captives.cite news
url=http://detainees.mcclatchydc.com/detainees/
title=Guantanamo Inmate Database: Sarajuddin
publisher=Miami Herald
author=Tom Lasseter
date=June 15 2008
accessdate=2008-06-16
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fservices.mcclatchyinteractive.com%2Fdetainees%3Fpage%3D1&date=2008-06-16 mirror] ] Ilkham Batayev was one of the men they interviewed.cite news
url=http://detainees.mcclatchydc.com/detainees/11
title=Guantanamo Inmate Database: Ilkham Batayev
publisher=Miami Herald
author=Tom Lasseter
date=June 15 2008
accessdate=2008-06-16
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fservices.mcclatchyinteractive.com%2Fdetainees%2F11&date=2008-06-16 mirror] ] The McClatchy report stated that Ilkham Batayev said he couldn't bring himself to talk about his Guantanamo experiences, or how he came to be in Afghanistan.

But the McClatchy report characterized previous reports Ilkham Batayev had offered earlier -- to a journalist in 2001, to his Tribunal, and to his lawyer -- as inconsistent.

The McClatchy article quoted Ilkham Batayev's lawyer, Thomas R. Johnson Jr., about the credibility of his assertion that fighters in the Uzbekistan Islamic Movement could have kidnapped him, and press-ganged him, into involuntary service in Afghanistan. Johnson thought that the Tribunal officers discounted this part of his story as incredible, because it was outside their experience, and they simply couldn't imagine it was credible, in Kazakhstan, Uzbekistan or Afghanistan:quotation
"He was kept at Guantanamo because U.S. officers at (his tribunal hearing) or the interrogators found this to be an outlandish account. Of course this doesn't happen: People aren't kidnapped and taken to other countries to fight wars."

ee also

*Terrorism in Kazakhstan

References