Kakai Khan

Infobox WoT detainees
subject_name = Kakai Khan

---

image_size =
image_caption =
date_of_birth = Birth year and age|1971
place_of_birth = Gardez, Afghanistan
date_of_death = Death date|2007|09|30
place_of_death = Paktika, Afghanistan
detained_at = Guantanamo
id_number = 1075
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Kakai Khan is a citizen of Afghanistan, 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 1075.
Joint Task Force Guantanamo counter-terrorism analysts estimate that Khan was born in 1971 in Gardez, Afghanistan.

Identity

Captive 1075 was identified inconsistently on official Department of Defense documents:
*Captive 1075 was identified as Kakai, FNU on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 4 October 2004, and on the Summary of Evidence memo prepared for his Administrative Review Board, on 7 June 2005..cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#47
title=Summary of Evidence for Combatant Status Review Tribunal -- Kakai, FNU
date=4 October 2004
pages=page 47
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-15] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#75
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Kakai, FNU
date=7 June 2005
pages=pages 75-76
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-15]
*Captive 1075 was identified as Kakai on the first official list of captives' names, published on April 20 2007, and on five other official lists published in September 2007.cite web
url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
title=List of detainee who went through complete CSRT process
author=OARDEC
publisher=United States Department of Defense
date=April 20 2006
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
title=Index for testimony
author=OARDEC
publisher=United States Department of Defense
date=September 4 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf
title=Index of Transcripts and Certain Documents from ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf
title=Index to Transfer and Release Decision for Guantanamo Detainees
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29]
*Captive 1075 was identified as Kakai Khan on the second official list of captives' names, published on May 15, 2006.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]

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 a 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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Kakai'sCombatant Status Review Tribunal, on 4 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000700-000783.pdf#47
title=Summary of Evidence for Combatant Status Review Tribunal -- Kakai, FNU
date=4 October 2004
pages=page 47
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-15] The memo listed the following allegations against him:

:"'a. The detainee committed a belligerent act of has directly supported hostilities in aid of enemy armed forces::#The detainee purchased explosives from an individual who is known to sell high explosives to anti-coalition militants.:#The detainee is an anti-coalition militia member.:#The detainee purchased a Kalishnikov "sic" rifle, six magazines, two hand grenades and one American Bolt-Action "sic" Clip-Fed "sic" rifle from a shop in Kabul.

:"'b. The detainee participated in military operations against the coalition.:#The detainee is responsible for a rocket attack on the Gardeyz Firebase.

Transcript

Kakai chose to participate in his Combatant Status Review Tribunal. cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_31_2145-2265.pdf#15
title=Summarized Statement
date=date redacted
pages=pages 15-19
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-15] In response to a court order the Department of Defense published a five page summarized transcript captive 1075's Combatant Status Review Tribunal on March 3 2006.

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

A Summary of Evidence memo was prepared for Kakai'sAdministrative Review Board, on
7 June 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#75
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Kakai, FNU
date=7 June 2005
pages=pages 75-76
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-15] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#Detainee is responsible for a rocket attack on Gardeyz sic Firebase.:#Detainee is an anti-coalition militia member.

:"'b. Training:#Detainee revealed he was taught to use bombs during the Jihad, (probably when he was between 12 and 15), and that he knows about the construction of the bombs that destroyed shops.:#Detainee claims a vendor in Kabul from whom he purchased the two rifles trained him how to fire the Russian made weapons.:#According to the detainee, the only instruction he ever received on explosives was how to pull the pin and throw a hand grenade. The merchant from whom he bought the grenade provided this instruction.

:"'c. Connections/Associations:#Detainee has been linked to Mullah Ghani a former Taliban commander.:#Mullah Ghani has been identified as an Anti-Coalition militia member who operates in the Zormant sic area of Sahak sic, Afghanistan.:#Ghani has also been identified as having smuggled Kalashnikov sic rifles and rocket propelled grenades.:#Mullah Ghani works directly for Saifullah Rhaman Mansour, a former commander for the Taliban 8th Division in Kabul, Afghanistan.:#Detainee has been linked to Bow Audin, a person known to sell explosives to Anti-Coalition militants.

:"'d. Other Relevant Data:#The detainee purchased a Kalashnikov sic rifle, six magazines, two hand grenades and one American Bolt-Action Clip-Fed rifle from a shop in Kabul.:#Detainee was captured by Afghani National Army and American forces based on his involvement in the bombing of two video stores in Gardez sic.

The following primary factors favor release or transfer:

:

Transcript

Kakai chose to participate in his Administrative Review Board hearing.cite web
url=http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010.pdf#132
title=Summary of Administrative Review Board Proceedings of ISN
date=date redacted
author=OARDEC
pages=pages 132-137
publisher=United States Department of Defense
accessdate=2008-02-15] In the Spring of 2006, in response to a court order, the Department of Defense published a six page summarized transcript of his hearing.

Enemy Combatant election form

Captive 1075's Assisting Military Officer met with captive 1075 for two pre-hearing interview: on June 16 2005 for 49 minutes; and on June 17 2005 for 20 minutes.Captive 1075's Assisting Military Officer described him as "polite and cooperative throughout both interviews."

Captive 1075's Assisting Military Officer, reading from the Enemy Combatant election form, informed his Board that during the interview captive 1075:
*had denied any association with the Taliban;
*had denied he was an enemy of the American or Afghan governments;
*confirmed he had a gun in his home -- solely for household protection;
*clarified that he had bought the weapons and grenades in Gardez sic, not Kabul;
*claimed he had never left his village;
*believes he was denounced by two acquaintances from his area;
*stated he forgives the Americans and his accusers.

Response to Board questions

*Captive 1075 denied knowing anyone named "Mullah Ghani".
*Captive 1075 denied responsibility for the rocket attack on the Gardez Firebase, and denied knowing anything about it.
*Captive 1075 confirmed knowing Bow Audin.
*According to captive 1075 during the Taliban's rule Bow Audin had been a merchant. After the Taliban's ouster he worked for the Central government's appointed administrator for Gardez sic.
*Captive 1075 denied participating in the bombing of the video stores. His home wasn't nearby. He acknowledged knowing about the bombing -- everyone in Gardez had heard about it afterwards.
*Captive 1075 named Habibullah Jan and Ahmad Shah as the two neighbors he suspected of leveling the false allegations that resulted in his capture and transfer to Guantanamo. He attributed the denunciation to a water dispute.
*When captive 1075 was asked what affiliation he had with al Qaida he asked "what is al Qaida?"
*Captive 1075 denied being taught anything about explosives during the struggle against Afghanistan's Soviet invaders. Captive 1075 denied participating in the struggle against the Soviets.

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_000766-000859.pdf#67
title=Administrative Review Board assessment and recommendation ICO ISN 1975
date=September 21 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-10
pages=pages 67-68] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000766-000859.pdf#69
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 1075
date=22 June 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2008-02-10
pages=pages 69-74] The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on September 21 2005.

Execution of Kakai Khan

"India Interacts" reports that an individual named "Kakai Khan" was captured, interrogated and executed by the Taliban in Paktika on 30 September 2007.cite news
url=http://indiainteracts.com/gossip/2007/10/02/6377/Four-Afghans-killed-by-Taliban-for-spying/
title=Four Afghans killed by Taliban for spying
publisher=India Interacts
author=
date=October 2, 2007
accessdate=2008-04-02
quote=Taliban spokesman Zabihullah Mujahid told DPA that Kakai Khan was "found guilty of giving intelligence to the US-led forces against the Taliban". He said the man was killed after he confessed to "this crime" during investigation.]

References

External links

*cite news
url=http://usacac.army.mil/CAC/milreview/download/English/JulAug05/norwitz.pdf
title=Defining Success at Guantanamo: By What Measure?
publisher=Military Review
author=Jeffrey H. Norwitz
date=July-August 2005
accessdate=2008-02-15
quote=