Nasrullah (Guantanamo detainee 886)

Infobox WoT detainees
subject_name = Nasrullah

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image_size =
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date_of_birth = Birth year and age|1979
place_of_birth = Oruzgan, Afghanistan
date_of_arrest =
place_of_arrest=
arresting_authority=
date_of_release =
place_of_release=
date_of_death =
place_of_death =
citizenship =
detained_at = Guantanamo
id_number = 886
group =
alias =
charge = No charge, held in extrajudicial detention
penalty =
status = Still in custody as of 2007.
csrt_summary =
csrt_transcript=
occupation = tailor
spouse =
parents =
children =

Nasrullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. [http://www.dod.mil/pubs/foi/detainees/d20060515.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Nasrullah's Guantanamo detainee ID number is 886.American intelligence analysts estimate Nasrullah was born in 1979, in Oruzgan Province, 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] ]

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.

Nasrullah chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_33_2302-2425_Revised.pdf#35 Summarized transcripts (.pdf)] , from Nasrullah's "Combatant Status Review Tribunal" - pages 35-56]

Allegations

The allegations Nasrullah 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 is a citizen of Afghanistan who was conscripted into the Taliban and served 2-3 months fighting in Mazar-E-Sharif sic, Afghanistan.:#"The Detainee was instructed on how to operate and fire the Kalashnikov rifle and a handgun sometime in 1997 or 1998.:#"The Detainee stayed with other Taliban fighters at a military base in Kabul, Afghanistan, and worked as a clerk for the Taliban.:#"The Detainee would assist commanders from other Taliban units who would submit requests for funds and repairs.:#"The Detainee traveled with and worked as a secretary for Abdul Razzaq.:#"Razzaq is an al Qaida leader who acted as a smuggler and facilitator.:#"The Detainee and a Taliban leader/commander traveled from Trin Kowl to Oruzgan, Afghanistan, to deliver a letter to a Taliban leader,:#"The letter was from Taliban leaders in hiding.:#"The Detainee admitted that he fought for the Taliban against the United States Forces while in Mazar-E-Sharif sic.:#"The Detainee was captured in a vehicle with his cousin, another Taliban fighter.

Testimony

Nasrullah confirmed he was conscripted:
*His conscription was several years prior to the attacks of 9-11.
*He confirmed he was employed as Abdul Razzaq's secretary.
**But he only did so for ten days.
**Abdul Razzaq was illiterate. His regular secretary had to travel for ten days, so the Taliban rounded up the first civilian they could think of who could read and write, to serve as his replacement.
*He served the Taliban for a term of two months.
**He never received any military training.
**He never undertook any military duties.
**In addition to the ten days he served as an illiterate Taliban Commander's temporary secretary, he was employed as a tailor. He was a tailor in civilian life. He served out the remainder of his two month hitch, working, under guard, without pay, as a tailor for the Taliban.

Nasrullah denied engaging in hostilities.

Nasrullah denied working for other Taliban commanders.

Nasrullah acknowledged traveling with his cousin to deliver a letter. He denied that either he or his cousin knew the letter was from, or was to, a Taliban member.

Nasrullah said his cousin, who was illiterate, asked him to read the letter, to confirm that it was an innocuous letter that it would be safe to carry. Nasrullah said that when he read the letter he didn't see anything that lead him to believe that there was anything in the letter that raised his suspicions.

Information from his cousin Esmatulla's Tribunal

Esmatulla called for Nasrullah's testimony during his Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_31_2145-2265.pdf Summarized transcripts (.pdf)] , from Esmatulla's "Combatant Status Review Tribunal" - pages 90-106]

During Esmatulla's Tribunal the recipient of the letter was named aa Sangar Rihad. The sender was identified as Abdul Razzaq.

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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for
FNU Nasrullah'sfirst annual Administrative Review Board on 24 October 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#16
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Nasrullah, FNU
pages=pages 16-17
publisher=United States Department of Defense
author=OARDEC
date=2006-09-28
accessdate=2008-07-29
quote= ]

The following primary factors favor continued detention:

:

The following primary factors favor release or transfer:

:

Transcript

Nasrullah chose to participate in his second Administrative Review Board hearing. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2599-2697.pdf#1
title=Summary of Administrative Review Proceedings for ISN 886
pages=pages 1-10
publisher=United States Department of Defense
author=OARDEC
date=date redacted
accessdate=2008-07-29
quote= ]

Enemy Combatant election form

His Assisting Military Officer met with him on October 5 2006, and described him as:"very cooperative, attentive and polite throughout the interview."

Response to the factors

*Nasrullah denied that he had been a member of the "40-people group", and testified that he had never heard of this group until a year ago.
*Nasrullah disputed that his cousin was a commander in the 40 man unit, or that he had ever been a part of any military organization.
*Nasrullah confirmed he knew how to fire weapons, he testified that practically every man and woman in Afghanistan knew how to fire a weapon.
*Nasrullah disputed all the allegations connected with uprising at the compound in Mazari Sharif. He testified he had never heard of the compound.
*Nasrullah confirmed that he was with his cousin when he delivered a letter to a former Taliban commander from another former Taliban commander in Pakistan. He testified that his cousin asked him to read the letter for him, and all it said was:
*Nasrullah denied ever hearing about al Qaeda, the al Farouq training camp, or Jamat-al-Islamia prior to his interrogations.
*Nasrullah clarified that he was not with his cousin when he accepted the task of delivering the letter.
*When Nasrullah was asked why he joined his cousin when he was deliving the letter he replied:quotation
At first, I did not know about the letter at all. My cousin told me that, "I am going to sell my taxi," and I accompanied him.On the way, he showed me that letter and he said "Read this for me." I read the letter and it was written that, "Please come to Quetta and see me."

Habeas corpus submission

Nasrullah is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by
US District Court Judge Reggie B. Walton on January 31 2007.cite web
url=http://www.pegc.us/archive/In_re_Gitmo/order_RBW_20070131.pdf
title=Gherebi, et al. v. Bush
date=January 31 2007
publisher=United States Department of Justice
author=Reggie B. Walton
accessdate=May 19
accessyear=2007]

References