- Swar Khan
Swar Khan (born c. 1970) is a citizen of
Afghanistan , held inextrajudicial detention in theUnited States Guantanamo Bay Naval Base , inCuba . [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense ",May 15 2006 ] Swar Khan's Guantanamo detainee ID number is 933.Americanintelligence analysts estimate Swar Khan was born in 1970, inKhost , 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 2007Initially the Bush administration asserted that they could withhold all the protections of the
Geneva Conventions to captives fromthe war on terror . This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conductcompetent tribunal s to determine whether captives are, or are not, entitled to the protections ofprisoner of war status.Subsequently the Department of Defense instituted the
Combatant Status Review Tribunal s. 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 anenemy combatant .Khan chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_33_2302-2425_Revised.pdf#57 Summarized transcripts (.pdf)] , from
Swar Khan 's "Combatant Status Review Tribunal " - pages 57-68]Allegations
The allegations Swar Khan faced during his Tribunal were::""'a. The detainee is a member of the
Taliban .:#"The detainee is a former intelligence officer for the Taliban.:#"The Detainee participated in military operations against the United States and its coalition partners.:#"The Detainee had approximately six truckloads of weapon and ammunition including mortars and artillery stored in his house.:#"The Detainee was selling weapons and ammunition that were allegedly used against coalition forces.:#"The Detainee swore written allegiance to theUnion of Mujahadin under commanderMalem Jan Sobari .:#"Commander Malem Jan Sobari is a Taliban guerrilla warfare leader in certain areas of Afghanistan.Testimony
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.
Khan chose to participate in his Administrative Review Board hearing. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf#206 Summarized transcript (.pdf)] , from
Swar Khan 's "Administrative Review Board hearing" - page 206]References
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