Deleted:Rahmatullah Sangaryar

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Rahmatullah Sangaryar

Rahmatullah Sangaryar is a citizen of Afghanistan who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internment Serial Number was 890. American intelligence analysts estimate he was born in 1968, in Oruzgan, Afghanistan.

He claims he was an official in the Hamid Karzai administration.[citation needed]

He was repatriated on April 30, 2008.[2][3]

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.[4][5] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[6]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror.[7] 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.

Allegations

A memorandum summarizing the evidence against Sangaryar prepared for his Combatan Status Reiew Tribunal, was among those released in March 2005.[8] The allegations Sangaryar faced were:

a. The detainee is a member of the Taliban:
  1. The detainee was a Taliban military commander.
  2. The detainee knew of many former Taliban Commanders.
  3. The detainee was the ########## ############ ########### ######## ####### ########## in Kandahar Afghanistan.[9]
  4. Hizb-I Islami Gulbuddin (HIG) is a terrorist group.
  5. The detainee paid others to warn him when Americans forces were in his area.
b. The detainee engaged in hostilities against the United States or its coalition partners:
  1. The detainee admitted fighting against the United States or its coalition partners.
  2. The detainee reportedly was ########################## in the Tagab and Nejrab district.[10]
  3. The detainee was a member of a 40-man unit primarily operating against U.S. personnel, intending to bomb or strike soft targets.

Transcript

Sangaryar chose to participate in his Combatant Status Review Tribunal.[11]

Template:ARB

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Rahmatullah Sangaryar's first annual Administrative Review Board on 21 November 2005.[12]

The following primary factors favor continued detention

a. Commitment
When the detainee was very young he joined the Mujahadeen to fight the Soviet Union.
b. Training
The detainee is trained in the use of hand grenades, rocket propelled grenades, the AK-47 and the Sakil machine gun.
c. Connections/Associations
  1. The detainee met with Mullah Mohammed Omar, the Supreme Leader of the Taliban, on only one occasion in Kandahar, Afghanistan.
  2. The detainee was listed as a member of the Senior Staff of Taliban Defense Ministry Personnel.
d. Intent
  1. The detainee was identified as being assigned to a 40-man team of fighters.
  2. The 40-man team was funded primarily by Pakistani and Syrian Non-Government Organizations with some ties to al Qaida.
  3. The detainee was reported as being named the new Director of Hezb-E-Islami Gulbuddin cell operations in Kandahar, Afghanistan.
e. Detainee Actions and Statements
  1. The detainee commanded over 500 Taliban soldiers in Kabul.
  2. The detainee fought the Northern Alliance and the Taliban as the Supreme Commander in Kabul.
f. Other Relevant Data
  1. The detainee survived approximately 18 bullet wounds that apparently occurred during the Russian Jihad and during his time as a Taliban Commander.
  2. The detainee was told he would be turned over to the United States to provide information about enemies of the Afghanistan Government.

The following primary factors favor release or transfer

a. The detainee has a strong desire to return home to family and find work as a laborer.
b. The detainee believes he is being treated fairly and holds no grudge against any Americans.
c. The detainee believes he was handed over to the United States Government to provide intelligence information and not for suspicion of being a terrorist.
d. The detainee claimed he is not against United States Forces and he supports the new Afghanistan Government.
e. The detainee reported a Taliban recruitment request to the legitimate regional governor as he was instructed.
f. The detainee claimed to have fought the Taliban when the Taliban threatened Kabul's interests.
g. The detainee collected weapons from his tribesmen and turned over six small cars, one truck, two mounted anti-aircraft weapons, 39 Kalashnikovs, two RPG-7s, four PKs, two 82 series machine guns and six handheld radios to the regional Governor.
h. When the United States captured Kabul, the detainee dissolved his forces and turned over his weapons and communication equipment to the new Afghanistan Government.
i. The detainee refused a Taliban request and dissolved his forces.

Transcript

Sangaryar chose to participate in his first annual Administrative Review Board hearing.[13]

Enemy Combatant election form

Rahmatullah Sangaryar's Assisting Military Officer, consulting the Enemy Combatant election form, told the Board they met on December 20, 2005 for 55 minutes. He described Rahmatullah Sangaryar as "very polite and attentive".

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Rahmatullah Sangaryar's second annual Administrative Review Board on 20 November 2006.[14]

The following primary factors favor continued detention

a. Commitment
  1. The detainee stated he was the Supreme Commander in Kabul, Afghanistan when he fought the Russians. After he finished fighting the Russians he also fought against the Taliban and the Northern Alliance. The detainee stated he was Kabul's defender during the civil war in Afghanistan and that he was not allied with any particular group. The detainee stated he simply defended Kabul's interests against any group that attacked it and he had shifting alliances with the Northern Alliance and the Taliban.
  2. As of November 1999, the detainee was on the senior staff in the Taliban's Ministry of Defense as the Commander of the Tagab, Kabul Province front-line division in Afghanistan.
  3. The detainee was the Taliban's National Guard Commander and was one of the Taliban commanders who deployed to the frontlines in June 2000 to supplement existing Taliban forces readying to participate in a summer offensive against the United Front in Afghanistan.
  4. The detaiene became the director of Hezb-e Islami Gulbuddin cell operations in Kandahar, Afghanistan in November 2002.
  5. Hezb-e Islami Gulbuddin is described as a foreign terrorist organization that was one of the major Mujahedin groups in the war against the Soviets, has long-established ties with bin Laden, and has staged small attacks in its attempt to force United States troops to withdraw from Afghanistan, overthrow the Afghan Transitional Administration, and establish a fundaementalist state.
  6. The detainee was the Taliban Commander of the Tagab and Nejrab Divisions with an estimated 1,500 soldiers including six Arab posts along the line through the Tagab and Nejrab District in Afghanistan.
  7. A source stated the detainee was once a Taliban leader but became a soldier in the 40-Man unit. The source stated the detainee primarily operated against United States personnel in the Urozgan Province, Lashkar Gah, and Helmand in Afghanistan. The source stated the intent was to bomb or strike soft targets, primarily using AK-47s.
  8. The detainee was a Taliban commander of over 500 Taliban soldiers in Kabul, Afghanistan.
b. Training
The detainee stated he joined the Mujahedin to fight the Soviet Union when he was very young and was trained in the use of hand grenades, rocket propelled grenades, AK-47, and machine gun.
c. Connections/Associations
The detainee stated he met the Supreme Leader of the Taliban in Kandahar, Afghanistan in approximately 1997 when the Taliban began organizing/
d. Other Relevant Data
  1. The detainee was one of the Taliban military commanders involved with the Taliban deputy leader in the coup planning against the Taliban leader.
  2. The detainee was planning biological and poison attacks on United States and Coalition forces in Kandahar, Afghanistan. The detainee was in possession of anthrax powder and an unspecified liquid poison that he planned to distribute to al Qaeda and Taliban operatives in preparation for future attacks on United States and Coalition forces. The poison attacks were to target water sources, to include reservoirs.
  3. The detainee stated a letter inviting and requesting him to travel to Quetta, Pakistan, was delivered to him to create a bad name for him in his province so he would get arrested.

The following primary factors favor release or transfer

a. The detainee stated when he received a letter he believed was a request to come to Pakistan and fight the new government of Afghanistan. The detainee stated he had no intention of doing so.
b. When detainee was captured, he turned over a signed receipt, by the district counsel members and the commission, listing the weapons he had turned in to the Governor of the Oruzgan Province in Afghanistan. The following weapons had been turned in: six small cars, one truck, two mounted anti-aircraft weapons, 39 Kalashnikovs, two RPG-7s, four PK; 2 82-series machine guns, and six radios.
c. The detainee stated he was told by a governor that he needed to provide information about enemies of the Afghanistan government and that he was then turned over to the United States. The detainee stated he knows he must cooperate, and he is not upset at the United States government.
d. The detainee stated he was innocent of any wrongdoing and that he was handed over to the United States government to provide intelligence information and not for suspicion of being a terrorist.
e. The detainee stated he led many troops before the United States arrived in Afghanistan. The detainee turned over all his weapons to the United States and a governor, dismissed his troops, and sent them home. After turning in his weapons and dismissing his troops, the governor told the detainee to go home and to report any attempts to recruit him. The detainee reported ot the government the letter he received requesting he come to Pakistan and fight the new government of Afghanistan.
f. The detainee stated that if he were released he would go home ot Urusxza District of Afghanistan and work as a laborer.

Transcript

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

Eight pages of letters were withheld from publication.

Repatriation

Sangaryar was repatriated with eight other Guantanamo detainees on April 30, 2008.[2][3] His release did not immediately become public.[15][16][17] On November 25, 2008 the Department of Defense published a list of when detainees left Guantanamo.[3] According to that list he was repatriated on April 30, 2008.

Canadian journalist Matthieu Aikins, writing in Harpers magazine, reported that former Guantanamo detainee Rahmatullah Sangaryar was pointed out to him at funeral in Quetta, where he was identified[by whom?] as a senior Taliban leader, sitting with other senior Taliban leaders.[18]

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 "Rahmatullah Sangaryar – The Guantánamo Docket". The New York Times (The New York Times Company). http://projects.nytimes.com/guantanamo/detainees/890-rahmatullah-sangaryar. Retrieved 17 January 2010. 
  3. 3.0 3.1 3.2 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. 
  4. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  5. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  6. "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. 
  7. "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
  8. Summary of Evidence memo (.pdf) prepared for Rahmatullah Sangaryar's Combatant Status Review Tribunal - October 19, 2004 - page 60
  9. While most of this allegation was redacted from his Summary of Evidence memo, it was recorded in his Tribunal transcript as"The detainee was the director of the Hizb-I Islami Gulbuddin (HIG) cell operations in Kandahar, Afghanistan."
  10. The phrase that was redacted in the Summary of Evidence memo, it was recorded in the clear in the transcript. The redacted phrase was that Rahmatullah "...the commander of the front lines..."
  11. Summarized transcripts (.pdf), from Rahmatullah Sangaryar's Combatant Status Review Tribunal - pages 42-48
  12. OARDEC (2005-11-21). "Unclassified Summary of Evidence for Administrative Review Board in the case of Sangaryar, Rahmatullah". United States Department of Defense. pp. pages 21–23. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000694-000793.pdf#21. Retrieved 2008-07-31. 
  13. 13.0 13.1 OARDEC (2005-12-22). "Summarized Administrative Review Board Proceedings for ISN 890". United States Department of Defense. pp. pages 102–113. http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/ARB_Transcript_Set_9_21017-21351.pdf#102. Retrieved 2008-07-31. 
  14. OARDEC (2006-11-20). "Unclassified Summary of Evidence for Administrative Review Board in the case of Sangaryar, Rahmatullah". United States Department of Defense. pp. pages 59–61. http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_799-899.pdf#59. Retrieved 2008-07-31. 
  15. 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
  16. "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
  17. "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
  18. Matthieu Aikins (2009-12). "The master of Spin Boldak: Undercover with Afghanistan's drug-trafficking border police". Harpers magazine. http://harpers.org/archive/2009/12/0082754?redirect=429066851. Retrieved 2010-12-27. "‘That’s Rahmatullah Sangaryar,’ Samiullah whispered to me, pointing to a heavily bearded man in a dark waistcoat. ‘He was a big man in the Taliban. The Americans took him to Guantánamo.’ Sangaryar had been repatriated in April of last year." 

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