Arkin Mahmud

Infobox WoT detainees
subject_name = Arkin Mahmud

---

image_size =
image_caption =
date_of_birth = Birth date|1964|07|01
place_of_birth = Ghulja, China
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 103
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Arkin Mahmud is a citizen of China held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.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
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] His Guantanamo Internee Security Number is 103.
Joint Task Force Guantanamo counter-terrorism analysts reports Mahmud was born on July 1 1964, in Ghulja, China.

He is one of approximately twenty-two captives from the Uighur ethnic group.cite news
url=http://www.atimes.com/atimes/China/FK04Ad02.html
title=China's Uighurs trapped at Guantanamo
publisher=Asia Times
author=
date=November 4 2004
accessdate=2008-03-28
quote=]

Identity

Captive 103 was identified inconsistently on official Department of Defense documents:
*Captive 103 was identified as Arkina Mahmud on an unsigned internal memo entitled "Uighur Detainee Population at JTF-GTMO", drafted 30 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1731-1808.pdf#28
title=Information paper: Uighur Detainee Population at JTF-GTMO
date=30 October 2004
pages=pages 28-34
publisher=United States Department of Defense
accessdate=2007-12-19]
*Captive 103 was identified as Arkin Mahmud on the Summary of Evidence memo prepared for Arkin Mahmud's Combatant Status Review Tribunal, on 9 November 2004, on the Summary of Evidence memo prepared for Arkin Mahmud's Administrative Review Board, on 30 November 2005, and on 8 official lists of captives' names.cite web
url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
title=List of detainee who went through complete CSRT process
author=OARDEC
publisher=United States Department of Defense
date=April 20 2006
accessdate=2007-09-29] 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
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
title=Index for testimony
author=OARDEC
publisher=United States Department of Defense
date=September 4 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf
title=Index of Transcripts and Certain Documents from ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf
title=Index to Transfer and Release Decision for Guantanamo Detainees
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pub/foi/detainees/csrt_Mar05.pdf#49
title=Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005)
date=9 November 2004
pages=page 49
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#19
title=Summary of Evidence for Combatant Status Review Tribunal -- Mahmud, Arkin (published September 2007)
date=9 November 2004
pages=page 19
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#35
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Mahmud, Arkin
date=30 November 2005
pages=pages 35-36
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-16]
*Captive 103 was identified as Arkina Amahmud on the declaration prefacing documents released in response to his writ of habeas corpus on 20 September 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_698-814.pdf#31
title=Arkina Amahmud v. George W. Bush
date=20 September 2005
pages=pages 31-52
publisher=United States Department of Defense
accessdate=2007-12-16]

:

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 Arkin Mahmud'sCombatant Status Review Tribunal, on 9 November 2004.cite web
url=http://www.dod.mil/pub/foi/detainees/csrt_Mar05.pdf#49
title=Summary of Evidence for Combatant Status Review Tribunal -- name redacted (released March 2005)
date=9 November 2004
pages=page 49
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#19
title=Summary of Evidence for Combatant Status Review Tribunal -- Mahmud, Arkin (released September 2005)
date=9 November 2004
pages=page 19
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] The memo listed the following allegations against him:

:"'a. The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners::#The detainee traveled from China in August 2001 and arrived in Afghanistan in September 2001.:#The detainee stayed at a guesthouse in Kabul, Afghanistan for approximately six weeks.:#The detainee was in Afghanistan when the U.S. bombing campaign began.:#The detainee traveled with an individual who may be involved with the East Turkistan Islamic Party (ETIP) aka East Turkistan Islamic Movement (ETIM).:#The East Turkistan Islamic Movement is listed in the U.S. Department of Homeland Security, Terrorist Organization Reference Guide, as being one sic the most militant groups and has ties to al Qaida.:#The detainee fled from Kabul to Konduz, Afghanistan when the U.S. bombing campaign started.:#The detainee was captured by the Northern Alliance in Mazar-E-Sharif sic.:#The detainee was present during the Mazar-E-Sharif sic prison uprising.

Testimony

Mahmud chose to participate in his Combatant Status Review Tribunal. cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_19_1561-1605.pdf#22
title=Summarized Statement
date=date redacted
pages=pages 22-24
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-03-28] On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a three page summarized transcripts from his Combatant Status Review Tribunal.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=] Mahmud acknowledged traveling to Afghanistan, staying at a guesthouse, and being present during the American bombing campaign.

Mahmud acknowledged that he may have traveled with someone who may have been involved with an East Turkistan Party, without his knowledge.

He denied any knowledge of the East Turkistan Party.

He acknowledged fleeing the US bombing. He didn't know who captured him. He acknowledged being present during the uprising at Mazari Sharif.

Arkina Amahmud v. George W. Bush

A writ of habeas corpus, Arkina Amahmud v. George W. Bush, was submitted on Arkina Amahmud's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_698-814.pdf#31
title=Arkina Amahmud v. George W. Bush
date=20 September 2005
pages=pages 31-52
publisher=United States Department of Defense
accessdate=2007-12-16] In response, on 20 September 2005the Department of Defense released 22pages of unclassified documents related to his Combatant Status Review Tribunal.

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Arkin Mahmud'sAdministrative Review Board, on 30 November 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#35
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Mahmud, Arkin
date=30 November 2005
pages=pages 35-35
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-16] The memo listed factors for and against his continued detention.

The following factors favor continued detention:

:"'a. Connections/Associations:#The detainee claimed he was extremely surprised to find out his brother had gone to a training camp.

:"'b Detainee Actions and Statements:#The detainee departed from his village in China on 21 August 2001, after his brother had called home telling his family that the brother was traveling to Pakistan.:#The detainee traveled from China to Karachi, Pakistan. From Karachi, the detainee made his way to Kabul, Afghanistan.:#The detainee stayed one and a half months in guesthouse in Kabul.:#The detainee was told he had to leave the Kabul guesthouse. The detainee traveled to a house in Konduz.:#Shortly after the bombing started, the detainee was informed he needed to travel to Kandahar.:#The detainee boarded a truck he though (sic) was going to Kandahar with about 30 other occupants. However, instead of going to Kandahar, the truck drove to Mazar-e-Sharif sic, and all the occupants were imprisoned.

:"'c Other Relevant Data:#The detainee witnessed the Qual Jangi uprising sic.

The following primary factors favor release or transfer:

:

Transcript

Mahmud chose to participate in his Administrative Review Board hearing.cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_5_20000-20254.pdf#123
title=Summary of Administrative Review Board Proceedings of ISN 103
date=date redacted
author=OARDEC
pages=pages 123-133
publisher=United States Department of Defense
accessdate=2007-12-18]

Opening statement

Usually captives are invited to respond to each factor, one at a time, as they are read aloud.Arkin was invited to respond to the factors, once they had been all read out.Arkin responded that he had told his story so many time. What he really wanted was to learn why he had been thrown in with all these terrorists.

His Board's Presiding Officer said that that was not the purpose of the Board.

Response to Board questions

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#81
title=Administrative Review Board assessment and recommendation ICO ISN 103
date=January 9 2006
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18
pages=page 81] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000001-000095.pdf#82
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 103
date=15 December 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18
pages=pages 82-88] The Board's recommendation was unanimousThe Board's recommendation was redacted.The Board concluded that captive 103 continued to be a threat to the USA.England authorized his transfer on January 11 2006.

References