Combatant Status Review Tribunal Haji Ghalib

1 combatant status review tribunal

1.1 summary of evidence memo
1.2 transcript
1.3 witness , document requests
1.4 testimony

combatant status review tribunal

combatant status review tribunals held in 3 x 5 meter trailer. captive sat hands , feet shackled bolt in floor. 3 chairs reserved members of press, 37 of 574 tribunals observed.

initially bush administration asserted withhold protections of geneva conventions captives war on terror. policy challenged before judicial branch. critics argued usa not evade obligation conduct competent tribunals determine whether captives are, or not, entitled protections of prisoner of war status.

subsequently department of defense instituted combatant status review tribunals. tribunals, however, not authorized determine whether captives lawful combatants—rather merely empowered make recommendation whether captive had been correctly determined match bush administration s definition of enemy combatant.

summary of evidence memo

shinwar district lies on main road between kabul , pakistan near height of khyber pass.

a summary of evidence memo prepared ghalib s combatant status review tribunal, on 1 october 2004. memo listed following allegations against him:

a. detainee member of taliban.




transcript

ghalib chose participate in combatant status review tribunal. department of defense released ten-page summarized transcript of tribunal on march 3, 2006.

witness , document requests

ghalib requested testimony of 3 witnesses , exculpatory evidence. 1 of witnesses fellow guantanamo detainee, kako kandahari. kandahari scheduled testify in person. other 2 witnesses in afghanistan, documents requested. tribunal s president told ghalib department of defense had requested state department request afghanistan embassy in washington request assistance of afghan civil service locate witnesses , documents ghalib needed.

the request state department went out on october 13, 2004, deadline of november 8, 2004. november 24, 2004, date of tribunal, no reply had been received, tribunal s president ruled witnesses, , documents, not reasonably available .

testimony

ghalib denied being member of taliban. asserted had been member of anti-taliban resistance 8 years, fighting under haji abdul cades , brother haji abdul haq. said present when abdul haq killed, , close abdul cades. asked testimony of haji bemohab mohammed, new governor of jalalabad , haji mohammed sahara. said named these 2 men because knew known american officials. felt sure testimony have established innocence.

ghalib told tribunal had captured many arabs , taliban, , turned them on american custody. said had been part of unit went americans destroy osama bin laden s house. told tribunal had lots of documentary , video evidence, in afghanistan, establish innocence.

ghalib told tribunal found accusation had letter taliban leader shocking.

ghalib told tribunal that, 2 months before capture had found out mr. hadrataly, commander in jalalabad, had written letter falsely denouncing him american authorities. ghalib attributed false denunciation hadrataly being different party jockeying power during afghanistan s reconstruction.

ghalib told tribunal responded learning letter traveling kabul , appealing senior official ties americans, explain them innocent

upon return learned americans had inspected armories maintained haji jabar, district manager. americans emptied armories. ghalib said, part of official duties, managed armory, sealed armory, had not been inspected americans. few days after return americans arrested him, in office,