Khadai Dad

Khadai Dad is a citizen of Afghanistan, held in extrajudicial detention 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] Khadai Dad's Guantanamo detainee ID number is 655.American intelligence analysts estimate Dad was born in 1957, in Tarak, 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.

Dad chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_15_1318-1362.pdf#14 Summarized transcripts (.pdf)] , from Khadai Dad's "Combatant Status Review Tribunal" - pages 14-19]

Allegations

#"The detainee was to assume a prominent leadership role in Qandahar, Afghanistan via the negotiations between the Taliban Leadership and Pashtun Commanders.
#"The detainee was identified as a Taliban official.
#"On April 12, 2002, the detainee was captured by American forces at a compound utilized by Mullah Berader.
#"Mullah Berader is a Taliban Commander, who, along with another senior Taliban facilitator plotted to kill the current Afghanistan President Hamid Karzai.

Testimony

Dad denied all the allegations. He claimed he was a simple day laborer. He said he didn't know any members of the Taliban.

Dad asserted that he was captured in his own home, when he was asleep, in his own bed. He had never heard of Berader.

Dad said there were just two houses in the isolated village he lived in, his, and his cousins. He said he had never traveled farther from his home than he could walk, and still get home by nightfall. He said he had never gone to school and didn't know how to read or write. He had never served in the military or fired a rifle, and didn't even know how to use one.

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.

Dad chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_8_20751-21016.pdf#23 Summarized transcript (.pdf)] , from Khadai Dad's "Administrative Review Board hearing" - page 23]

"The following primary factors favor continued detention

:""'a. Connections/Associations=

:#"The detainee, who places himself in his mid-forties, states he has a brother, Zainullah, who is twelve years old.:#"Zainullah is the name of a 35 year-old Taliban facilitator, who is suspected of conducting bombings and utilizing improvised explosive devices against U.S Forces and the International Community of the Red Cross.:#"The detainee said he lived in Taryitmak Village, Deh Rawud District, Oruagan Province, Afghanistan. He said there were three houses in his village. The detainee lived in one house, and his cousin Abdul Khaliq owned the other two.:#"Zainullah's associate in the Deh Rawud District, Oruzgan Province was Abdul Khaliq.:#"Mullah Zainullah is the former Taliban district chief of Deh Rawud Village, Oruzgan Province.

:""'b. Other Relevant Data=

:#"On 12 April 2002, the detainee was captured by American forces at a compound utilized by Mullah Berader.:#"Mullah Berader is a Taliban Commander who, along with another senior Taliban facilitator, plotted to kill the current Afghanistan President Hamid Karzai.

"The following primary factors favor release or transfer:

:#"The detainee denied having any knowledge of the attacks in the U.S. prior to their execution on September 11th. He also denied knowledge of any future attacks on the U.S. or its interest.:#"The detainee has never been a member of any terrorist or mudjahidin organization.:#"The detainee is a migrant farmer with no military experience.:#"According to the detainee, approximately 10 months before he was captured, the Taliban came to his village and attempted to recruit him to fight for the Taliban. When the detainee refused, he was tied up and beaten.

Testimony

Dad acknowledged knowing his 12 year old brother, and his cousin Abdul Khaliq. He denied knowing anything about any of the other people named in the factors.

Dad pointed out that his cousin, Abdul Khaliq, does not live in the house he owns that neighbors his. He doesn't live nearby, and Dad didn't have much contact with him.

References