User:Geo Swan/Abdul Hafiz (Guantanamo captive 1030)

Abdul Hafiz is a citizen of Afghanistan who was held for six and a half years in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 1030. American intelligence analysts estimate he was born in 1961.

According to the Associated Press the allegations against Hafiz, in his Combatant Status Review Tribunal, said he worked for a Taliban militia. They state that when he was captured he had in his possession a satellite phone that was "linked to a slaying".

The detainee claimed that he wasn't Abdul Hafiz at all, that his name was really Abdul Qawi. He said he was given the satellite phone by the real Abdul Hafiz, and didn't even know how to use it.

According to the Associated Press he complained about not being able to view the evidence against him, and told his Tribunal: "In our culture, if someone is accused of something, they are shown the evidence."

Combatant Status Review Tribunal

Combatant Status Review Tribunals were usually held in a trailer.

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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdul Hafiz's Combatant Status Review Tribunal, on 4 October 2005. A copy with some marginal notations, and his name redacted, was released in March 2005. This memo was one of 169 released in 2005, that although redacted, had the captives ISN transcribed on them. Another copy without the marginal notation was released in September 2007. The memo listed the following allegations against him:

• The detainee is a member of the Taliban and al Qaida.

1. The detainee was affiliated with the death of two individuals in Kabul, Afghanistan, and worked for the Taliban 40-Man Militia group [sic] under a known Taliban commander.
2. When captured, the detainee was in possession of a personnel [sic] phonebook and a satellite telephone.
3. The detainee’s fingerprints were found on the phone.
4. The detainee attempted to call an Al Qaida member who is linked to the murder of an International Committee of the Red Cross worker.
5. The Al Qaida member is identified as a Taliban and Al Qaida commander.
6. The detainee’s satellite phone has been linked to the International Committee of the Red Cross murder.
7. The detainee admitted he knew that the phone in his possession contained telephone numbers of individuals who were enemies of the U.S.
8. When the detainee was queried regarding his knowledge of the International Committee of the Red Cross murder, he stated he did not know where “he” was killed. Detainee was then advised that he was not provided information regarding the International Committee of the Red Cross’ [sic] gender.

Transcript

The individual the Guantanamo camp authorities identify as Abdul Hafiz chose to participate in his Combatant Status Review Tribunal.

Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".

Qawi's Board convened on March 1, 2005.

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 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.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdul Hafiz's first annual Administrative Review Board, on 22 February 2005. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment

1. Detainee was affiliated with the death of two individuals in Kabul, Afghanistan, and worked for the Taliban 40-Man Militia group [sic] under a known Taliban commander.
2. On 22 April 2003, the detainee, a suspect in the murder of an International Red Cross worker in Afghanistan was seized along with his personal phonebook and a Thuraya Satellite phone. All but one phone number listed in the memory of the phone is listed in the personal phonebook found on the detainee.

b. Connection / Association

1. When captured, the detainee was attempting to call an al Qaida member who is linked to the murder of an International Committee of the Red Cross (ICRC) worker.
2. Detainee's satellite phone has been linked to the ICRC murder.
3. When detainee was queried regarding his knowledge of the ICRC murder he stated he did not know where "he" was killed. Detainee was then advised that he was not provided information regarding the ICRC's gender.
4. The detainee was identified as having been present at the Taliban Military Headquarters in Kandahar.
5. The detainee participated in a paramilitary band related to Taliban Hezb-e-Islami [sic] (HIG) [sic].
6. HIG has long established ties with Bin Ladin and is listed in the DHS Terrorist Organization Reference Guide.

c. Intent

1. Detainee admitted he knew that the phone in his possession contained telephone numbers of individuals who were enemies of the United States.

The following primary factors favor release or transfer

• The detainee denied knowing about al Qaida, working for the Taliban, and any association with the murder of the ICRC [sic].
• The detainee stated he did not use or know how ot use the satellite telephone.
• The detainee denied all knowledge regarding the murder of the Red Cross worker. He advised that if the U.S. Government had proof that he was involved in the murder, then he should be shown that proof. The detainee said that he should otherwise be sent back to Afghanistan.

Transcript

The man the Guantanamo camp authorities identify as Abdul Hafiz chose to participate in his Administrative Review Board hearing.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdul Hafiz's second annual Administrative Review Board, on 5 July 2006. The memo listed factors for and against his continued detention. 5 July 2006

The following primary factors favor continued detention Template:Thuraya

a. Commitment

1. The detainee was affiliated with the death of two individuals in Kabul, Afghanistan and worked for the Taliban 40-man militia group under a known Taliban commander.
2. On 22 April 2003, the detainee, a suspect in the murder of an International Committee of the Red Cross worker in Afghanistan, was seized along with his personal [sic] phonebook and a Thuraya Satellite phone. All but one phone number listed in the memory of the phone is listed in the personal phonebook found on the detainee.
3. The detainee's satellite phone has been linked to the International Committee of the Red Cross murder.

b. Connections/Associations

1. The detainee was identified as having been present at the Taliban military headquarters in Kandahar, Afghanistan.
2. The detainee participated in a paramilitary band related to Taliban [sic] Hezb-e-Islami Gulbuddin [sic].
3. Hezb-e-Islami Gulbuddin has long established ties with Usama bin Laden and is listed in the Department of Homeland Security's Terrorist Organization Reference Guide.

c. Intent

The detainee admitted he knew that the phone in his possession contained telephone numbers of individuals who were enemies of the United States.

d. Other Relevant Data

1. When the detainee was queried regarding his knowledge of the International Committee of the Red Cross worker's muder he stated he did not know where "he" was killed. The detainee was then advised that he was not provided information regarding the International Committee of the Red Cross worker's gender.
2. The detainee said that his mental instability and memory gaps may have made his previous statements inconsistent.

The following primary factors favor release or transfer

a. The detainee stated he did not use the satellited phone and he does not know how to use a telephone.

b. The detainee denied all knowledge regarding the murder of the International Committee of the Red Cross worker. The detainee advised that if the United States Government had proof that he was involved in the murder, then he should be shown that proof. The detainee said that he should otherwise be sent back to Afghanistan.

Repatriation

Carol Rosenberg, writing in the Miami Herald reported that Abdul Hafiz was one of twelve men transferred from Guantanamo on December 19, 2009.

The other eleven men were: Ayman Batarfi, Jamal Alawi Mari, Farouq Ali Ahmed, Muhammaed Yasir Ahmed Taher, Fayad Yahya Ahmed al Rami, Riyad Atiq Ali Abdu al Haf, Sharifullah, Mohamed Rahim, Mohammed Hashim and Ismael Arale and Mohamed Suleiman Barre. Sharifullah, Mohamed Rahim and Mohammed Hashim were also Afghans. Asmael Arale was the other Somali. The other six men were Yemenis.