Juma Din

Juma Din

Juma Din is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.dod.mil/pubs/foi/detainees/d20060515.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Din's Guantanamo Internee Security Number is 941.American intelligence analysts estimate Juma Din was born in 1973, in Alinghan, 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 2007
accessdate=2007-09-22
] ] POV-section|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 U.S. could not evade its obligation to conduct a competent tribunal 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.

Din chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_21_1645-1688_Revised.pdf#38 Summarized transcripts (.pdf)] , from Juma Din's "Combatant Status Review Tribunal" - pages 38-44]

Witness request

Juma Din requested the testimony of his uncle, Mohammed Rasol. The Tribunal ruled that his uncle’s testimony would be “relevant”, and requested the US State Department to request the Afghanistan embassy to request the Afghan civil service to locate Rasol “on or about October 28 2004”. After waiting approximately one month the Tribunal’s President ruled Rasol’s testimony “not reasonably available”.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Juma Din'sCombatant Status Review Tribunal, on 7 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#70
title=Summary of Evidence for Combatant Status Review Tribunal -- Din, Juma
date=7 October 2004
pages=page 70
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-19
] The memo listed the following allegations against him:

:"'The detainee is associated with al Qaida::#The detainee reportedly was a main advisor to a Hezb-e-islami Gulbuddin (H1G) leader. :#HIG is a designated terrorist group with long-established links to Usama Bin Laden. :#Detainee is associated with an al Qaida facilitator. :#The detainee lived in the same house with his brother in law, who is the al Qaida facilitator. :#The detainee used a vehicle owned by the al Qaida facilitator. :#The detainee was captured at the suspected al Qaida safehouse in Peshawar, Pakistan. :#The Detainee was arrested with four counterfeit 100 USD bills.

Administrative Review Board hearings

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.

First annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his first annual Administrative Review Board on August 15 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#59
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Din, Juma
publisher=United States Department of Defense
author=OARDEC
date=15 August 2005
pages=pages 59-60
accessdate=2007-10-09
]

"The following primary factors favor continued detention:

:""'a. Commitment:#"As of mid-November 2002, the local commander for the Hezb-e Islami Gulbuddin, Haji Abdul Ghafour, had a bodyguard identified as the detainee.:#"Hezb-e Islami Gulbuddin was one of the major mujahedin groups in the war against the Soviets. Hezb-e Islami Gulbuddin has long-established ties with Bin Laden. Hezb-e Islami Gulbuddin has staged small attacks in its attempt to force U.S. troops to withdraw from Afghanistan, overthrow the Afghan Transitional Administration (Afghan Transitional Administration) sic, and establish a fundamentalist state.:#"In addition to his brothers, the detainee was a main advisor sic to Ghafour in the Kantiwa sic.

:""'b. Training:#"The detainee was trained on the AK-47.

:""'c. Connections/Associations:#"The detainee’s brother-in-law has been identified as an al Qaida operative.:#"The detainee lived with is sister and brother-in-law three months prior to the time of his capture.

:""'d. Other Relevant Data:#"The detainee was captured in the house associated with a known al Qaida operative.:*"The detainee was arrested with $400 USD.

"The following primary factors favor release or transfer:

:*"The detainee was never interested in the Taliban. He would like to return to his home country of Afghanistan someday.:*"When asked about al Qaida the detainee denied any knowledge.

Transcript

Din chose to participate in his Administrative Review Board hearing. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf#261 Summarized transcript (.pdf)] , from Juma Din's "Administrative Review Board hearing" - page 261]

econd annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his second annual Administrative Review Board on May 2 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_799-899.pdf#87
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Din, Juma
publisher=United States Department of Defense
author=OARDEC
date=May 2 2006
pages=pages 87-89
accessdate=2007-10-09
]

The following primary factors favor continued detention:

-|
-
:c.
| "'Other Relevant Data
-|
-
|

The following primary factors favor release or transfer:

Transcript

There is no record that Juma Din chose to participate in his second annual Administrative Review Board hearing.Juma Din's Assisting Military Officer reported on his responses to the factors during the unclassified session of his Board hearing. Other captives who didn't attend their hearings,but whose Assisting Military Officers reported their answers to the factors to their Boards, had a transcript from their unclassified sessions released.The Department of Defense has not explained why the report of Juma Din's Assisting Military Officer remains secret.

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_2_Decision_memos_451-523.pdf#12
title=Administrative Review Board assessment and recommendation ICO ISN 941
date=November 15 2006
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-19
pages=page
] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Decision_memos_451-523.pdf#13
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 941
date=23 May 2006
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-19
pages=page
] The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on November 15 2006.

Current location

As of March 18 2008 the "Washington Post" list Ahmad as still in detention in Guantanamo.cite news
url=http://projects.washingtonpost.com/guantanamo/#afghanistan
title=Names of the Detained in Guantanamo Bay, Cuba
publisher=Washington Post
accessdate=2008-03-18
quote=
]

References


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