Abdul Razakah

Infobox WoT detainees
subject_name = Abdul Razak

---

image_size =
image_caption =
date_of_birth =
place_of_birth = Atush, China
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 219
group =
alias = Abdal Razak Qadir
charge = no charge, held in extrajudicial detention
penalty =
status = cleared for release or transfer
occupation =
spouse =
parents =
children =

Abdul Razak 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 219.
Joint Task Force Guantanamo counter-terrorism analysts report Razak was born in Atush, China.Joint Task Force Guantanamo counter-terrorism analysts provided birthdates, or the estimated year of birth for all but 12 detainees.Razak was one of those 12.

Identity

Captive 219 was identified inconsistently on official Department of Defense documents:
*Captive 219 was identified as Abdul Razak on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 5 October 2004, in the , drafted on October 30 2004, and on seven official lists of captives' names.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#37
title=Summary of Evidence for Combatant Status Review Tribunal -- Razak, Abdul
date=5 October 2004
pages=page 37
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] 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 219 was identified as Abdul Razak Qadir in the , drafted on October 30 2004.
*Captive 219 was identified as Abdal Razak Qadir on the Summary of Evidence memo prepared for Abdal Razak Qadir's Administrative Review Board, on 24 October 2005, and on the Legal Advisor's certificate prefacing a documents released in response to his writ of habeas corpus on 4 July 2007.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#62
title=Unclassified Summary of Evidence for Administrative Review Board in the case ofAbdal Razak Qadir
date=24 October 2005
pages=pages 62-63
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1344-1475.pdf#63
title=Abdal Razak Qadir v. George W. Bush
date=4 July 2007
pages=pages 63-98
publisher=United States Department of Defense
accessdate=2007-12-18]

CSRT-Yescite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#37
title=Summary of Evidence for Combatant Status Review Tribunal -- Razak, Abdul
date=5 October 2004
pages=page 37
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18]

:"'a. The detainee is an Enemy Combatant::#The detainee admits belonging to the East Turkestan Islamic Movement (ETIM).:#ETIM has ties to Al-Qaida and the Taliban.

:"'b. The detainee participated in military operations against the coaltion.:#The detainee received training in an Al-Qaida sponsored camp two hours North or Northwest of Jalabat sic, Afghanistan in 2001.:#The detainee traveled to the mountain training camp in Tora Bora and fled when U.S. forces began bombing that location.:#The detainee carried a weapon while guarding an Al-Qaida safe house in Jalalabad.

On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a summarized transcript fifteen pages long 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=]

The memo describing the basis for his Tribunal's basis for its decision to classify captive 219 as an enemy combatant asserted he didnot ask any questions about his rights.Prior to making his opening statement he asked:

After a discussion of the definition of enemy combatant the Tribunal was using:cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_27_1901-1948.pdf#20
title=Summarized Sworn Detainee Statement (ISN 219)
pages=pages 20-35
publisher=United States Department of Defense
author=OARDEC
date=23 October 2004
accessdate=2007-12-18]

Witness requests

Captive 219 requested two witnesses, two fellow Uyghurs, Yusuf Abbas and Dawut Abdurehim.He thought they could testify that they knew him only as a caterer.

Yusuf Abbas testified that he first met captive 219 when he was ill and spent a month in a hospital in Kabul. They were introduced by the hospital authorities who wanted captive 219 to cater his food. When he was better he traveled to the Uyghur camp. He testified that captive 219 join his fellow Uyghurs to flee the American aerial bombardment of Afghanistan. He testified he never saw captive 219 train on or carry a weapon.

Dawut Abdurehim testified that captive 219 had made two catering deliveries to the camp, that he was not a fighter, that he never saw him carry a weapon, and that he had come back to the camp to flee the American aerial bombardment.

:

Captive 219 was also identifed as "Abdal Razak Qadir" in the Information paper.

Abdal Razak Qadir v. George W. Bush

A writ of habeas corpus, Abdal Razak Qadir v. George W. Bush, was submitted on Abdul Razak Qadir's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1344-1475.pdf#63
title=Abdal Razak Qadir v. George W. Bush
date=4 July 2007
pages=pages 63-98
publisher=United States Department of Defense
accessdate=2007-12-18] In response, on 4 July 2007the Department of Defense released 35 pages of unclassified documents related to his Combatant Status Review Tribunal.

His enemy combatant status was confirmed by Tribunal panel 15.His Tribunal convened on 23 October 2004.

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.cite news
url=http://www.jtfgtmo.southcom.mil/storyarchive/2007/07octstories/102907-2-oardec.html
title=OARDEC provides recommendations to Deputy Secretary of Defense
publisher=JTF Guantanamo Public Affairs
author=Army Sgt. Sarah Stannard
date=October 29 2007
accessdate=2008-03-26
quote=] 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 Abdal Razak Qadir'sAdministrative Review Board, on
24 October 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#62
title=Unclassified Summary of Evidence for Administrative Review Board in the case ofAbdal Razak Qadir
date=24 October 2005
pages=pages 62-63
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Connections/Associations:#The detainee was told that many Uzbeks sic migrated to Afghanistan where business opportunities might be available in Mazar-e-Sharif sic. The detainee traveled to Jalalabad, Kabul and Mazar-e-Sharif sic, Afghanistan seeking business opportunities.:#The detainee met an unidentified Uzbek/Afghan who informed him that Uighur sic named Hassan Makhsum sic was running a political organization to protect Uighurs' sic rights. The detainee was told that Makhsum sic and/or members of his organization could be found in Kartisi, a neighbourhood of Kabul, Afghanistan.:#The detainee sought out and joined the East Turkistan Organization sic.:#The detainee was taken to the East Turkistan Organization camp sic in the Tora Bora Mountains.:#The detainee bought supplies in Jalabat sic, Afghanistan for the East Turkistan Organization training camp in the Tora Bora Mountains.:#The detainee was given a machine gun to defend himself and the East Turkistan Organization safe house in Jalabat sic, Afghanistan.:#When the bombing of the East Turkistan Organization camp began, the detainee traveled with other Uighurs sic toward Pakistan and arrived at the border with a group of about twenty to thirty refugees.

The following primary factors favor release or transfer:

:

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_000196-000275.pdf#1
title=Administrative Review Board assessment and recommendation ICO ISN 219
date=16 December 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-18
pages=pages 1-2] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000196-000275.pdf#3
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 219
date=17 November 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-16
pages=pages 3-10] The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on 27 December 2005.

References