Habib Rasool

Habib Rasool is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Rasool's Guantanamo detainee ID number is 120.American intelligence analysts estimate that Rasool was born in 1955, in Khowst, Afghanistan.

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.

Rasool chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_12_1179-1239.pdf#62 Summarized transcripts (.pdf)] , from Habib Rasool's"Combatant Status Review Tribunal" - pages 62-63]

testimony

Rasool described traveling between Pakistan and Afghanistan to sell wood.

While in Afghanistan he was forcibly conscripted by the Taliban.He described being kept in a compound in Konduz, under armed guards.Other conscripts were sent to combat, by lottery.

He was incarcerated by the Taliban for 20 days, before the Taliban surrendered to the Northern Alliance.

He described being loaded into a shipping container for a trip to a different city. During this trip some of the other prisoners died of heat exhaustion.

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 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 Rasool were among the 121 that the Department of Defense released on March 3 2006. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf#49 Factors for and against the continued detention (.pdf)] of Habib Rasool "Administrative Review Board" - page 49]

"The following primary factors favor continued detention:

:""'a. Commitment:#"The detainee voluntarily traveled from Pakistan to Afghanistan in October 2001.:#"The detainee admitted he was conscripted by the Taliban, then traveled with them from Khost, AF to Konduz, AF, where he lived in a Taliban house with other Taliban conscripts.

:""'b Connection:#"Armed Taliban members guarded the house where the detainee stayed.:#"After living in the Taliban house for several weeks, the detainee surrendered to Northern Alliance forces near Yerghanek, AF.

:""'c. Other:#"The detainee forced an MP into the cell door while the guards were attempting to remove detainee's restraints. This was listed as simple assault and resulted in minor bruising on the top portion of the guards's arm.

"The following primary factors favor release or transfer:

:* "The detainee was conscripted against his will to join the Taliban.:* "The detainee never received any weapons training or carried a weapon.:*"The detainee used alias Habib Rasool, a name that sounds more Afghani, because he was afraid the Uzbek soldiers would kill him if they knew he were Pakistani.:*"The detainee traveled to Khost, Afghanistan to fix up an old house that he inherited from his ancestors. He was there four to five months and then was conscripted by the Taliban.:*"While in Khost, Afghanistan, the detainee was not aware of the problems of the Taliban and the Northern Allicance. He also did not know about the attacks on New York City. He stated he did not have a relationship with the Taliban.:*"The detainee stated that he would advise his sons to stay and work for the family and not participate in any jihad.:*"The detainee claimed to not know what the term al Qaida meant.

Transcript

Rasool chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_3_769-943_FINAL.pdf#114 Summarized transcript (.pdf)] , from Habib Rasool's "Administrative Review Board hearing" - page 114]

References