Abdul Razzaq (Guantanamo detainee 923)

Abdul Razzaq 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] His Guantanamo Internee Security Number is 923.The list of all the detainee names, released on May 15 2006, contains the estimate that Razzaq was born in 1964 in Kadahal, 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 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.

Razzaq chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_13_1240-1291.pdf#7 Summarized transcripts (.pdf)] , from Abdul Razzaq's "Combatant Status Review Tribunal" - pages 7-12]

Allegations

The allegations Abdul Razzaq faced during his Tribunal were::""'a. The detainee is a member of the Taliban.:#"The detainee worked for the Taliban as a cook for five months prior to his capture.:#"The detainee also worked directly for a Taliban member.:#"The detainee received hand-on sic military training when he fought on the front lines against the Soviets during an earlier jihad.:#"Upon his capture the detainee possessed a list of 24 recruits for a Taliban military unit.

Understanding the process

Abdul Razzaq was asked if he understood the process.

Witness requests

Abdul Razzaq requested the testimony of two witnesses from Afghanistan. They aren't named in the transcript. The Tribunal's President ruled that their testimony would be relevant. She also said the Afghanistan embassy was contacted in order to get the Afghanistan's government's cooperation, and no reply had come back from the Afghanistan government, so Abdul Razzaq's witnesses were ruled not "reasonably available".

Testimony

Abdul Razzaq said he was a storekeeper and farmer at the time of Taliban. He said he had a land dispute with a neighbor named Raucide. Raucide got a job with the new Karzai government. Abdul Razzaq said he believes Raucide used his contacts to denounce him as a Taliban to retaliate for losing the land dispute.

Abdul Razzaq confirmed that he had been employed by the Taliban -- as a cook, not a fighter. He said he worked as a cook in order to earn the money he needed to complete the law suit.

Abdul Razzaq pointed out that being a member of the Taliban would have precluded him running a store. Abdul Razzq pointed out that all the Taliban fled the country when they lost power.

Abdul Razzaq confirmed he received some hands-on training during the Soviet invasion, but he pointed out this was twenty-six years ago. He stated he didn't remember his experience there very well. He said he only participated in the anti-Soviet jihad for five or six months.

Abdul Razzaq disputed that he was captured with a list of 24 recruits. He said when he was captured he had a notebook with the names of the people to whom he owed money, or who owed money to him.

In answer to questions from the Tribunal:
*Abdul Razzaq said he was from Kandahar.
*Abdul Razzaq said he did not hear about the attacks of September 11th.
*Abdul Razzaq said none of the people on his list were members of the Taliban or al Qaeda. They were all ordinary people -- his suppliers or his customers.
*Abdul Razzaq said he couldn't remember the exact dates he worked as a cook -- but it was more than six years before the fall of the Taliban.
*Abdul Razzaq confirmed he didn't have any other responsibilities beyond preparing food -- like guard duty.
*Abdul Razzaq said he did not hear about Osama bin Laden during his time fighting the Soviets. He said he was a small child at the time.
*When asked what kinds of weapons he used during the anti-Soviet jihad, Abdul Razzaq replied: "They did not give us any weapons. I was just walking.
*When asked when he was arrested Abdul Razzaq said: "I do not know the exact date, but I built my store one year after the new government came to power."

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 Abdul Razzaq's first annual Administrative Review Board, on 20 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#43-45
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Razzaq, Abdul
date=20 July 2005
pages=pages 43-45
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-31] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#The detainee fought against the Russians in the Jihad.:#The detainee admitted to being a member of the Taliban.:#The detainee was apprehended by Afghan Security Forces at his bakery shop. Although no weapons were found, a letter describing the character of approximately 24 men and recommending they be admitted into the Taliban II Commando Corps was found. The letter signed by former Taliban supreme leader Mullah Omar.:#The detainee and two other men are reported to have been plotting to attack United States personnel in Kandahar, Afghanistan, in late December 2002.:#The group also planned to conduct mortar attacks on the Kandahar, sic airfield at a later undetermined date.:#The intent of the attacks was to gain support from the Sayyef Organization.:#Some Abu Sayyef Group leaders allegedly fought in Afghanistan during the Soviet war and are students and proponents of radical Islamic teachings.:#An unknown individual from Pakistan, sent by, or associated with, Zabir Jalil, a Hezb-e-Islami Gulbuddin (HIG) commander in Quetta, Pakistan, provided radio-controlled detonators. The man also instructed the detainee on the proper use of the devices.:#The Hezb-e-Islami Gulbuddin has staged small attacks to force United States troops to leave Afghanistan, overthrow the Afghan Transitional Administration, and establish a fundamentalist state.:#The Hezb-e-Islami was one of the major mujahedin groups in the war against the Soviets and has long established ties with Bin Laden.:#Zabit Jalil was reportedly involved in planning to lay remote control detonated explosives along the route to a U.S. military installation in Kandahar, Afghanistan.:#HIG Commander Gulbuddin Hekmatyar, Zabit Jalil, and Mullah Ghaffor were providing funding for planned attacks against United States military personnel.:#The detainee reportedly purchased 100 bars of wet gun powder; twelve 82 millimeter mortar rounds; 25 to 30 rocket propelled grenades; two to three Enfield rifles; and four anti-tank mines.

:"'b. Training:#The detainee received some military and hands-on training while fighting against the Russians in the jihad, but denied any training at a formal camp.:#The detainee can fire AK-47s, pistols and shoulder-fired rockets.

:"'c. Other Relevant Data:#The detainee worked for about one year for Mullah Abdul Ali, a member of the Taliban. The detainee would pick up groceries and personal items for his employer.:#The detainee admitted knowing Zabit Jalil, but only during the time of the Russians.:#The detainee admitted involvement with the Sayyef Group during the Russian jihad.

The following primary factors favor release or transfer:

:

Transcript

Razzaq chose to participate in his Administrative Review Board hearing. cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf#184
title=Summary of Administrative Review Board Proceedings of ISN 923
date=date redacted
author=OARDEC
pages=pages 184-195
publisher=United States Department of Defense
accessdate=2007-12-31]

Responses to the factors

Responses to Board questions

References