Deleted:Esmatulla (Guantanamo detainee 888)

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Esmatulla (Guantanamo detainee 888)
Other names Ismat Ullah
Citizenship Afghanistan
Occupation taxi driver

Esmatulla (also transliterated as Ismat Ullah) is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Esmatulla's Guantanamo Internment Serial Number was 888. American intelligence analysts estimate Esmatulla was born in 1977, in Dekundie, Afghanistan.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[4]

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 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Ismat Ullah's Combatant Status Review Tribunal on September 4, 2004.[5][6] The memo listed the following allegations:

a. Detainee is a member of the Taliban and associated with al Qaida.
  1. Detainee admits being a member of the Taliban.
  2. Detainee admits carrying an AK-47 and receiving training on the weapon in Dara Sufe.
  3. Detainee admits delivering a letter to a Taliban leader in the Uruzgan Province of Afghanistan.
  4. Detainee was identified delivering four letters from high-ranking fugitive Taliban leaders.
b. Detainee engaged in hostilities against the United States.
  1. Detainee states he was part of a forty-man unit under the control of Commander Akhund Zada[7] and fought on the front line against General Dostum's Northern Alliance forces.
  2. Detainee was identified as a sub-commander of a unit that fought at Tora Bora. The source indicates that the detainee knows how to use rockets, heavy machine guns, and AK-47s. The source also indicates that detainee was a Taliban member for six years and part of the fighting unit for one and one half years.
  3. Detainee and another Taliban member planned to kidnap the son of the Urozgan [sic] Governor[8] .
  4. Detainee was in possession of an AK-47 when apprehended by Afghani soldiers.

Transcript

Esmatulla chose to participate in his Combatant Status Review Tribunal.[9]

Template:ARB

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Ismat Ullah's first annual Administrative Review Board on 29 October 2005.[10]

The following primary factors favor continued detention

a. Commitment
  1. The detainee admitted that he was a Taliban soldier and that he freely went to serve the Taliban because he had to.
  2. The detainee has been a member of the Taliban since approximately 1997.
  3. The detainee stated during his approximate one-year term with the Taliban, he served as a guard for a checkpoint in Dara Sufe.
  4. The detainee was a sub-Commander of some members of a 40-man unit. This unit fought at Tora Bora and escaped to Peshawar, Pakistan.
  5. This 40-man Taliban team was under the control of Commander Akhund Zada. The team was part of the front line against the Northern Alliance.
b. Training
  1. The detainee said that his team carried AK-47s and that Taliban taught them how to use the weapons in Dara Sufe.
  2. The detainee is a good driver and knows how to use rockets and heavy machine guns
c. Connections/Associations
  1. The detainee's direct Taliban Commander was Akhund Zada.
  2. The detainee is also associated with another Taliban Commander. The detainee admitted delivering a letter for this Taliban Commander to a person in the Oruzgan Province of Afghanistan. The detainee later found out the person in Oruzgan Province was a top Taliban leader.
  3. The detainee was tasked to deliver four letters to a known Taliban leader from high-level Taliban leaders in hiding.
  4. The detainee is associated with another detainee who admitted fighting against United States troops in Kandahar.
  5. The detainee is affiliated with an Egyptian terrorist and individuals who were backed by al Qaida and fought against United States troops.
  6. The detainee was part of Usama Bin Ladin's main security detail assisting Usama bin Ladin out of Afghanistan.
d. Other Relevant Data
  1. Oruzgan authorities captured the detainee just outside of Chenartoo, Afghanistan. The Governor of Oruzgan and his men arrested the detainee.
  2. The detainee had an AK-47 in his vehicle when Afghani soldiers captured him.
  3. The detainee is a Taliban Commander and was issued a station wagon by the Taliban.
  4. The detainee joined the Taliban because he wanted the same rights as the others who lived in the Oruzgan area.
  5. The detainee and another man had planned to kidnap the Oruzgan Province Governor's son in exchange for releasing prisoners in Kandahar. The detainee also talked about killing the Governor by bombing his office.
  6. The detainee primarily operated against the United States personnel in Oruzgan Province, Lashkar Gah, and Helmand. The intent was to bomb or strike soft targets using AK-47s.
  7. The detainee had a satellite telephone to stay in contact with other unit commanders.
  8. The detainee lived in a neighborhood owned by the Taliban.

The following primary factors favor release or transfer

a. The detainee stated that he did not voluntarily work for the Taliban Military, but rather was forced to work for them if he wanted to stay in his house in Kandahar.
b. The detainee stated he is not against the Americans and is not aware of any planned attacks against the Americans.
c. The detainee denied knowing anything about Usama Bin Ladin or being part of a team that escorted Usama Bin Laden out of Afghanistan.
d. The detainee denied ever having a satellite phone or driving a Taliban vehicle because only commanders had vehicles.
e. The detainee denied having any knowledge of the attacks in the United States or United States interests.

Transcript

Esmatulla chose to participate in his first annual Administrative Review Board hearing.[11]

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for FNU Esmatullah's second annual Administrative Review Board on 15 September 2006.[12]

The following primary factors favor continued detention

a. Commitment
  1. The detainee stated he received advice that he should visit a Taliban Commander and ask him for a letter stating that the detainee worked for him. The detainee received the letter but, in exchange, the detainee had to serve as a reservist in the Taliban Military. The detainee stated he was required to serve three or four rotations.
  2. The detainee stated that during his approximate one year with the Taliban, he was part of the 40-man team that served on the front line against the Northern Alliance.
  3. The detainee stated he was a Taliban soldier but not a commander, or anyone in charge.
  4. The detainee admits to delivering a letter to a Taliban leader in Afghanistan. The detainee stated the Taliban leader read the letter, tore it up and threw it on the ground. The detainee retrieved the letter and threw it in the river.
b. Training
  1. The detainee stated that his team carried Kalashnikov AK-47 rifles. The detainee stated that the Taliban taught them how to use the weapons in Dara Sufe, Afghanistan.
  2. The detainee has been identified as knowing how to sue rockets, heavy machine guns, rifles, and being a good driver.
c. Connections/Associations
  1. The detainee has been identified as being affiliated with an Egyptian terrorist who was involved in the assassiation of Egyptian President Anwar Sadat.
  2. The detainee has also been identified as being affiliated with a member of Hezb-E-Islami and al Qaida. The member gave instructions on interrogation resistance tactics, was involved in a terrorist training camp near Kandahar, Afghanistan, and was directly involved in assassination attempts. The member was also high in the al Qaida hierarchy and acted as a smuggler and faciliator.
  3. The detainee stated he joined the Taliban because he wanted the same rights as the others who lived in that location.
d. Other Relevant Data
  1. A source stated the detainee was tasked to deliver four letters to an individual from high level Taliban leaders in hiding. Three of the letters were of high importance. The fourth letter was not that important and was a simple invitation for the individual to visit with him in Quetta, Pakistan. The source stated that the detainee told him that he read the three important letters and destroyed them before he met with the individual. The sourced stated only the last letter was given to the Taliban leader.
  2. The detainee has been identified as being a member of the Taliban for six years and had been a member of the unit since its creation in 2001.
  3. A source stated he saw the detainee in a white taxi that the detainee was using for official Taliban travel for transporting Taliban personnel.
  4. A source stated the detainee was a Taliban Commander and was issued a station wagon by the Taliban. The source stated the detianee had a pistol and an AK-47 rifle in the car when approached by United States Forces. The detainee managed to throw the pistol out of the car before he was captured, but still had the AK-47 rifle when caught. The source stated the detainee, along with five others, were backed by al Qaida and fought against United States Forces.
  5. A source stated the detainee had a satellite telephone to stay in contact with other unit commanders.
  6. The detainee was arrested by local authorities outside the Chinartoo, Afghanistan.
  7. The detainee has been identified as being part of Usama bin Laden's main security escort detail assisting Usama bin Laden out of Afghanistan to Pakistan.
  8. A source stated that the detainee had planned to kidnap the Urozgan Province Governor's son in exchange for releasing prisoners in Kandahar, Afghanistan. The detainee also talking about killing the governor by bombing his office.
  9. A source stated that the detainee primarily operated against the United States personnel in three different areas of Afghanistan. The intent was to bomb or strike soft targets using AK-47s.
  10. A source stated the detainee told other detainees not to provide any information during interrogations.
  11. The detainee stated he was never asked to be a courier, was not aware of any training, and did not remember specific people or messages sent. The detainee stated he never received any training in covert message coverage and never knew any spies.
  12. The detainee denied ever having a satellite phone and driving a Taliban vehicle.

The following primary factors favor release or transfer

a. The detainee denied being part of a team that escorted Usama bin Laden out of Afghanistan and knowing anything about Usama bin Laden.
b. The detainee carried a Kalashnikov AK-47 but stated that he never engaged in physical fighting against the Northern Alliance.
c. The detainee denied having any knowledge of any rumors or plans of future attacks in the United States or United States interests.
d. The detainee maintains he has been honest with his interrogators since his initial capture.

Transcript

Esmatulla chose to participate in his second annual Administrative Review Board hearing.[13]

Third annual Administrative Review Board

A four page Summary of Evidence memo was prepared for FNU Esmatullah's third annual Administrative Review Board in 2007. The document lists 25 "primary factors favoring continued detention" and 3 "primary factors favoring transfer or release".[14]

Repatriation

On April 30, 2008 nine Guantanamo captives were repatriated.[15][16][17][18] The identity of the three Sudanese captives, and the sole Moroccan were made public on the day of their repatriation. The identity of the five Afghans did not immediately become public.

On November 25, 2008, the Department of Defense published a list of the captives' departure dates.[15] According to that list Esmatulla and his cousin Nasrullah were two of the five Afghans repatriated on April 30, 2008.

The Center for Constitutional Rights reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison near Kabul.[19]

References

  1. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  3. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  4. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22. 
  5. OARDEC (2004-09-02). "Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published in March 2005)". United States Department of Defense. p. page 227. http://www.dod.mil/pub/foi/detainees/csrt_Mar05.pdf#227. Retrieved 2006. 
  6. OARDEC (2004-09-02). "Summary of Evidence for Combatant Status Review Tribunal -- Ullah, Ismat (published in September 2007)". United States Department of Defense. p. page 44. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#44. Retrieved 2008-07-31. 
  7. When originally published the phrase "Commander Akhund Zada" was redacted.
  8. When originally published the phrase "son of the Urozgan [sic] Governor" was redacted.
  9. OARDEC (date redacted). "Summarized Transcript". United States Department of Defense. pp. pages 90–106. http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/Set_31_2145-2265.pdf#90. Retrieved 2008-07-29. 
  10. OARDEC (2005-10-29). "Unclassified Summary of Evidence for Administrative Review Board in the case of Ismat Ullah". United States Department of Defense. pp. pages 18–20. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#18. Retrieved 2008-07-29. 
  11. [ OARDEC (date redacted). "Summary of Administrative Review Board Proceedings for detainee ISN 888". United States Department of Defense. pp. pages 89–102. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_9_21017-21351.pdf#89. Retrieved 2008-07-31. 
  12. OARDEC (2006-09-15). "Unclassified Summary of Evidence for Administrative Review Board in the case of Esmatullah, (FNU)". United States Department of Defense. pp. pages 56–68. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#18. Retrieved 2008-07-31.  fast mirror
  13. [ OARDEC (date redacted). "Summary of Administrative Review Board Proceedings for detainee ISN 888". United States Department of Defense. pp. pages 11–19. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2599-2697.pdf#11. Retrieved 2008-07-31.  fast mirror
  14. OARDEC (2007-11-26). "Unclassified Summary of Evidence for Administrative Review Board in the case of Esmatullah, FNU". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/888-esmatulla/documents/9/pages/696#47. Retrieved 2010-12-06. "After delivering the letter, the detainee stated he was pulled over by Jan Mohammed's security detail while he was driving to Oruzgan City, Afghanistan with his cousin and a friend. The detainee stated Jan Mohammed was the governor of Oruzgan Province. When the security detail found an AK-47 in the car, they took the detainee, his cousin, and the friend into custody."  16x16px Works related to Unclassified Summary of Evidence for Administrative Review Board in the case of Esmatullah, FNU (2007-11-26) at Wikisource
  15. 15.0 15.1 OARDEC (2008-10-09). "Consolidated chronological listing of GTMO detainees released, transferred or deceased". Department of Defense. http://www.dod.mil/pubs/foi/detainees/09-F-0031_doc1.pdf. Retrieved 2008-12-28. 
  16. James Oliphant (May 2, 2008). "U.S. releases nine from Guantanamo". Chicago Tribune. http://weblogs.chicagotribune.com/news/politics/blog/2008/05/us_releases_9_from_guantanamo.html. Retrieved 2008-06-02.  mirror
  17. "Sami al-Hajj hits out at US captors". Al Jazeera. May 2, 2008. http://english.aljazeera.net/NR/exeres/04F88FBD-BFA5-42D9-A9C4-D8E0979C79D6.htm. Retrieved 2008-05-02.  mirror
  18. "Amnesty International Urges the Bush Administration to Release or Provide Fair Trials to All Remaining Guantanamo Detainees". Amnesty International. May 2, 2008. http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-02-2008/0004805365&EDATE=. Retrieved 2008-05-02.  mirror
  19. "International Travel". Center for Constitutional Rights. 2008. http://ccrjustice.org/files/CCR_Annual_Report_2008.pdf. Retrieved 2009-03-13. "CCR attorney Pardiss Kebriaei traveled to Kabul to follow the situation of Guantánamo prisoners being returned to Afghanistan. Since April 2007, all such prisoners have been sent to a U.S.-built detention facility within the Soviet era Pule-charkhi prison located outside Kabul."  mirror

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