Akhtar Mohammed (Guantanamo detainee 845)

Akhtar Mohammed is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Mohammed's detainee ID number as 845. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] American intelligence analysts estimated that Mohammed was born in 1970, in Barogai, 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.

Mohammed chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_14_1292-1317H.pdf#1 Summarized transcripts (.pdf)] , from Akhtar Mohammed's"Combatant Status Review Tribunal" - pages 1-10]

allegations

The allegations that Mohammed faced during his Tribunal were::a. ""' -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --:#"The detainee was associated with a rocket attack on U.S. forces in Asadabad, Konar Province on 21 September 2002, and was identified as a sub-commander of the operation.:#"The detainee was a policeman under the Taliban and provided information on the police force.:#"The detainee identified an HIG compound and its functions.:#"When the detainee was captured, American and AMF forces knocked on his door early in the morning and searched his home and found a Kalashnikov and eight or nine old, rusty rocket/artillery shells.:#"The detainee was a heavy machine gun operator for the Taliban.

testimony

Mohammed said he had never been a police officer, that he had worked for himself all his adult life. He was a lumberman.

Mohammed said he knew nothing about any rocket attack. He no longer lived in Konar, and that he was arrested on his first night back for a family visit. He saw a personal enemy when he arrived back for his visit. This guy was an officer in the local Afghan forces. He suspected this man invented the allegations against him.

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.

Mohammed chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf#46 Summarized transcript (.pdf)] , from Akhtar Mohammed's "Administrative Review Board hearing" - pages 46-53]

Enemy Combatant Election Form

The reading of the Enemy Combatant Election Form was not recorded in the transcript.

"The following primary factors favor continued detention:"

:""'a. Commections/Associations:#"The detainee worked for Nasim, the leader of the Behsood Security Post, and Gul Karim, the head of the security forces in Jalalabad.:#"The detainee identified a Hizb-I Islami Gulbuddin (HIG) compound.:#"The Hizb-I Islami Gulbuddin "sic" (HIG) is a faction of the Hizb-I Islami party and was one of the major mujahedin groups in the war against the Soviets. HIG has long established ties with Bin Laden. In "sic" early 1990s, the HIG ran several terrorist training camps in Afghanistan and was pioneer in sending mercenary fighters to other Islamic conflicts. The HIG offered to shelter Bin Laden after he hfled Sudan in 1996.

:""'b. Intent:#"Akta "sic" Mohammad, or Marah Wazah, was the operations sub commander for the 21 September 2002 rocket attack on the United States forces in Asasabad.:#"The detainee was identified as a heavy machine gun operator for the Taliban and from the Konar Province.:#"The detainee worked near Jalalabad at the Beshood Bridge security post. His job was to protect the bridge and be visible to protect the roads.

:""'c. Other relevant data:::"The detainee stated that it was probably his tribal enemies who gave false information to the Americans accusing him of being a Taliban commander.

"The following primary factors favor release or transfer:"

:

Responses to the factors

*In response to the allegation that he worked under Gul Karim and his brother-in-law Nasim, Akhtar Mohammed acknowledged working for them, explaining: quotation|Nasim is the brother-in-law of Gul Karim and Gul Karim is the security force in Jalalbad. Right now he is the security officer in Jalalabad. He was a good friend of mine and he is working in the current government and I don't think that is a crime or a sin.
*Akhtar Mohammed explained that it was not remarkable that he could identify the Hezb-I Islami Gulbuddin compound because he hed lived in a small community and everyone knew all the notable building. He added that he hadn't lived in that area for thirteen years.
*Akhtar Mohammed asked what the general allegations against the Hizb-I Islami Gulbuddin had to do with him, since he had no ties to this group.
*In response to the allegation that someone with a name like his was believed to be the commander for the September 21 2002 rocket attack on US forces in Asasabad Akhtar Mohammed pointed out that Asasabad was in Konar Province a different province that Jalalabad, where he lived. He believe a simple inquiry would establish that he was not in Konar on the date of the attack.
*In response to the allegation that he was a heavy machine gun operator for the Taliban he denied any association with the Taliban; he denied ever participaring in hostilities.
*Akhtar Mohammed acknowledged he was employed as a guard on the Beshood bridge -- under the Hamid Karzai government.

References