Kabul, Afghanistan
| Abdul Nasir | |
|---|---|
|
|
| Born: | 1981 (age 27–28) Kabul, Afghanistan |
| Detained at: | Guantanamo |
| ID number: | 874 |
| Charge(s): | no charge, held in extrajudicial detention |
| Status | Cleared for repatriation in 2005. |
Abdul Nasir is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 874. American intelligence analysts estimate that Nasir was born in 1981, in Kabul, Afghanistan.
Contents |
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 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.
A Summary of Evidence memo was prepared for Abdul Nasir's Combatant Status Review Tribunal, on 6 October 2004.[4] The memo listed the following allegations against him:
|
Nasir chose to participate in his Combatant Status Review Tribunal.[5] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a six page summarized transcript from his Combatant Status Review Tribunal.[6]
The Tribunal's President wanted to confirm that the witness Nasir requested was "Qari Enahmullah". He said that Nasir had described his age, height, and other characteristics, and said that he was a Pakistani, and that the last time he saw him he was at Bagram, apparently in U.S. custody.
Nasir corrected the President, telling him the last time he saw him was half an hour before he was captured.
The President then informed Nasir that he had ruled the witness "relevant", and that the United States Government had contacted the Afghanistan government for their help in getting a witness statement from him. Since the Afghanistan government had not responded he had ruled the witness "not reasonably available".
The Guantanamo Bay detainment camp did contain an Afghan detainee named "Qari Esmhatulla".[7][8][9] Although the official lists of detainee names state Qari Esmhatulla was an Afghan, the second list, that states the detainees place of birth, says Qari Esmhatulla, was born in Ramsha, Pakistan.[10][1]
Abdul Nasir confirmed that he had been nearby when associates of his had fired a missile. He disputed that he knew his traveling companions planned an attack, and claimed he was tricked into coming with them.
He also testified to having his hands suspended above his head for ten days, when he arrived at the Bagram Theater Internment Facility. When he was asked whether he had told anyone in Guantanamo about his treatment in Bagram he said he had, but his interrogators had threatened to punish him for lying.
His Tribunal brought in extra translators to make sure his report of extended interrogation was being properly translated. The translators agreed that the tape recording recorded him saying either that his hands were suspended from the roof, or that his hands had been suspended above his head.
A writ of habeas corpus, Abdul Nasir v. George W. Bush, was submitted on Abdul Nasir's behalf.[11] In response, on February 15, 2007, the Department of Defense published twenty pages of unclassified documents related to his Combatant Status Review Tribunal.
On December 17, 2004 Tribunal panel 26 confirmed that Abdul Nasir was an "enemy combatant".
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.[13] 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.
Abdul Nasir and his Assisting Military Officer met on September 6, 2005 for thirty minutes.
When his Assisting Military Officer read out his notes from the Enemy Combatant Election Form Abdul Nasir corrected him. He said he had chosen to respond to each allegation as it was read out, in turn, not respond to them all at once.
They met a second time so Abdul Nasir could submit a letter from his family.
His Assisting Military Officer described Abdul Nasir as being cooperative and polite throughout their interviews
Abdul Nasir declined to keep a copy of the Summary of Evidence memo that had been translated in Pashto.
| a. | The detainee stated Inamullah admitted to tricking him into going along with the attack on the American base. |
| b. | The detainee stated he never fired his weapon in the attack on the American base. |
Nasir chose to participate in his Administrative Review Board hearing.[14] In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Administrative Review Board.[6]
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[15][16] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 23 December 2005