Deleted:Fizaulla Rahman

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Fizaulla Rahman
Born 1979 (age 44–45) (estimated)
Sancharak, Afghanistan

Fizaulla Rahman is a citizen of Afghanistan who is still held in extrajudicial detention after being transferred from United States Guantanamo Bay detainment camps, in Cuba — to U.S. supervised imprisonment in Afghanistan.[1][2]

His Guantanamo Internment Serial Number was 496. American intelligence analysts estimate that Rahman was born in 1979, in Sancharak, Afghanistan.

Age

While American intelligence analysts estimate that Rahman was born in 1979, he told his tribunal he was "very young" when he was kidnapped by the Taliban.

Combatant Status Review Tribunal

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

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.[6] 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Combatant Status Review Tribunal on September 8, 2004.[7]

a. The detainee is a Taliban fighter:
  1. The detainee admitted he worked for the Taliban government in Afghanistan.
  2. The detainee was placed in charge of the Taliban Office of Intelligence, Division #2 in Mazar-e-Sharif [sic], Afghanistan.
  3. The detainee worked, as chief of the Taliban Office of Intelligence for five months.
  4. The detainee's duties included providing security as a guard for the Taliban Office of Intelligence building in Mazar-e-Sharif [sic].
  5. The detainee was in charge of his section of the office and had two people working for him.
b. The detainee participated in military operations against the coalition.
  1. The detainee sustained shrapnel wounds on his wrist and shoulder from sometime in 2000.
  2. The detainee was captured by General Dostum's Northern Alliance forces.

Transcript

Rahman chose to participate in his Combatant Status Review Tribunal.[8] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a summarized transcript from his Combatant Status Review Tribunal.[9]

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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Fizaulla Rahman's first annual Administrative Review Board on July 20, 2006.[10]

Transcript

Rahman chose to participate in his Administrative Review Board hearing.[11]

Transfer to U.S. supervised imprisonment in Afghanistan

On November 25, 2008, the Department of Defense published a list of the captives' departure dates.[12] According to the list Fizaulla Rahman was repatriated on November 2, 2007. Seven other Afghans were repatriated that day, two Jordanian captives and one Libyan captive.

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.[2]

References

  1. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. 2006-05-15. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15. 
  2. 2.0 2.1 "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
  3. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  4. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  5. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. 2007-03-06. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2009-02-11. 
  6. "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2009-02-11.  mirror
  7. OARDEC (2004-09-08). "Summary of Evidence for Combatant Status Review Tribunal --". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/496-fizaulla-rahman#1-2. Retrieved 2009-02-18. 
  8. OARDEC (date redacted). "Summarized Unsworn Detainee Statement". United States Department of Defense. pp. pages 106–114. http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/Set_44_2922-3064.pdf#106-114. Retrieved 2009-02-18. 
  9. "US releases Guantanamo files". The Age. 2006-04-04. http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html. Retrieved 2008-03-15. 
  10. OARDEC (2005-07-20). "Unclassified Summary of Evidence for Administrative Review Board in the case of Rahman, Fizaulla". United States Department of Defense. http://projects.nytimes.com/guantanamo/detainees/496-fizaulla-rahman/documents/1/pages/442#12-13. Retrieved 2009-02-18. 
  11. OARDEC (date redacted). "Summary of Administrative Review Proceedings for". United States Department of Defense. pp. pages 225–234. http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/ARB_Transcript_Set_6_20255-20496.pdf#225-234. Retrieved 2009-02-18. 
  12. 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. 

External links