Abdullah Mujahid

Background

Abdullah Mujahid is militia leader from Afghanistan's Tajik ethnic group, who rose up against the Taliban in the closing days of its administration of Afghanistan. The Afghanistan Transitional Authority rewarded Mujahid, and other militia leaders who had risen up against the Taliban, with the control of security forces. Both Mujahid and Pacha Khan Zadran, a Pashtun from the Zadran tribe, were rewarded with security appointments in Paktia province.

Mujahid and Zadran struggled to consolidate greater shares of control over Paktia's security forces. Mujahid and Zadran's forces were reported to have engaged in gun battles during their disputes. Both men's forces were accused of abusing their authority and routinely robbing civilians at their roadblocks.

By 2003 both men were regarded as renegades and enemies by US forces.

A high-level delegation from Kabul visited Mujahid, and offered him a nominally more senior position in Kabul as a "Highway Commander". Mujahid accepted this offer, and yielded up his position as Chief of Police of Gardez, and traveled to Kabul. But the promised promotion never materialized. When Mujahid returned hom to Gardez, he was sent to Guantanamo.

Zadran's nephew, and Lieutenant, Jan Baz, was also apprehended and sent to Bagram Theater detention facility. But Zadran remained at large, and now represents Paktia in the Afghan Parliament.

Mujahid faced a number of allegations during his Combatant Status Review Tribunal and Administrative Review Board hearings: notably that he was fired for corruption and collusion with the opposition, that he was a senior commander of Lashkar-e-Taiba, a Pakistani militant group based in Kashmir. He was also accused of currently being a member of Harakat-e-Mulavi, a group which American intelligence analysts believe is now allied with the rebels.

Mujahid's lawyers assert that the Lashkar-e-Taiba connection is a case of mistaken identity. A senior commander of the Lashkar-e-Taiba, also named Abdullah Mujahid, was killed in 2006. Mujahid's lawyers acknowledge that he fought with Harakat-e-Mulavi, against some of Afghanistan's foreign occupiers—during the Soviet occupation of Afghanistan, during the 1980s.

All of the allegations against Mujahid have been dropped in early 2007, and he was cleared for release. But, as of August 2007, he still remains in Guantanamo.

Combatant Status Review

The Bush administration asserted that:

Critics argued the Conventions obliged the U.S. to conduct competent tribunals to determine the status of prisoners. Subsequently, the U.S. Department of Defense instituted Combatant Status Review Tribunals (CSRTs), to determine whether detainees met the new definition of an "enemy combatant".

"Enemy combatant" was defined by the U.S. Department of Defense as:

The CSRTs are not bound by the rules of evidence that would normally apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.” From July 2004 through March 2005, CSRTs were convened to determine whether each prisoner had been correctly classified as an "enemy combatant".

Abdullah Mujahid was among the 60% of prisoners who chose to participate in tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee, listing the allegations that supported their detention as an "enemy combatant".

Abdullah Mujahid's memo accused him of the following:

1. The detainee was responsible for an attack on US Forces in the vicinity of Gardeyz City, Afghanistan.
2. The detainee was responsible for this attack in retaliation for being fired.
3. The detainee was captured by U.S forces in July 2003.

Witnesses

Mujahid requested eight witnesses:

The Tribunal's President decided to allow three of the other Guantanamo detainees as witnesses. However, he informed Mujahid that they would not be allowed to testify, in person, for "Force Protection reasons". He then informed Mujahid that American officials had not been able to secure the cooperation of the Afghan government in locating the witnesses back in Afghanistan.

The Boston Globe reported that they found that many witnesses that detainees had requested, who US officials claimed were not reasonably available, were easily located. The article particularly the ease with which they located Mujahid's witnesses. It quoted the President of Mujahid's Tribunal:

The article then stated: "But in Afghanistan earlier this month, a reporter for the Globe located three of the four witnesses in a matter of days."

Transcript

Mujahid chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a twelve-page summarized transcript from his Combatant Status Review Tribunal, and nine pages of statements from witnesses who were not allowed to testify in person at his Tribunal.

Testimony

Mujahid denied that he was removed due to suspicions of collusion with anti-government forces. He testified that he left the position of Provincial Security Chief to assume a new position in Kabul. He claimed the witnesses of the visiting commission would testify that he left his position to take a promotion. Mujahid denied being associated with any anti-government forces. He also denied any responsibility for any attacks on US or coalition forces.

The three witnesses he called all confirmed that he had been an effective Police commander for the Karzai government, and confirmed that he was not fired, he was promoted.

They attributed their captures to false denunciations from rival factions within Karzai's coalition.

Hafizullah Shabaz Khail's accusation

Guantanamo detainee Hafizullah Shabaz Khail said that Mujahid had arrested him, when his mentor, the Governor, of his Province was in Kabul. Khail was the District Chief of Zormat, and the chair of security committee in Paktia Province. Khail said his arrest, and the false allegations against him, were due to his arrest of a protégé of Mujahid, named Taj Mohammed. According to Khail, Taj Mohammed was a security officer who worked under Mujahid, who had abused his uniform and his authority to rob a businessman of 200,000 Khaldars. Khail said he forced Taj Mohammed to pay the businessman back.

Abdullah Musahed v. George W. Bush

A writ of habeas corpus, Abdullah Musahed v. George W. Bush, was submitted on Abdullah Musahed's behalf. In response, on 10 August 2005, the Department of Defense published 37 pages of unclassified documents related to his Combatant Status Review Tribunal. On December 17, 2004 Tribunal panel 26 convened an confirmed his "enemy combatant" status.

The documents published from Abdullah's CSR Tribunal state that his original Tribunal President was replaced. The documents contain multiple incompatible explanations as to why Mohammed Musa's testimony was not made available. The documents state that the original Tribunal President had ruled his testimony "redundant". His Personal Representative's notes, however, stated that he couldn't find Mohammed Musa.

The CSRT's Legal Advisor recorded in his Legal Sufficiency Review:

The Tribunal President determined that the testimony of the fourth detainee witness was not relevant since the testimony was of a duplicative nature. In my opinion, the Tribunal should not have deemed the witness testimony duplicative; however, the Tribunal properly determined that the detainee was an enemy combatant absent this witness testimony.

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Abdullah Mujahid's Administrative Review Board, on 23 June 2005. The memo listed factors for and against his continued detention.

Transcript

Mujahid chose to participate in his Administrative Review Board hearing.

Response to the factors

"I don't even know the meaning of this word; this is the first time I have heard this word here. I was never asked about it during the interrogation or the tribunal. I don't know anything bad."

"I'm from Afghanistan and not Pakistan and I would never go and join some Pakistani group or fight. I never traveled to Pakistan. I never went to their schools or Madrassa's. I wasn't raised in Pakistan. I'm Afghan."

Mujahid and the claim that captives were "captured on the battlefield"

On August 12, 2007 Farah Stockman, writing in the Boston Globe used Mjuahid'd story to comment on the Bush administration's claim that Guantanamo captives had been apprehended "on the battlefield". Stockman described Mujahid as an early supporter during the overthrow of the Taliban, whose usefulness waned after their ouster, because he was illiterate, and was rumored to be corrupt.

Stockman wrote:

A Globe investigation found that the military has used Guantanamo Bay not just for terrorists "picked up on the battlefield" -- as Bush has repeatedly asserted -- but also for uncooperative or unruly tribal chieftains, many of whom had been key supporters of the US-led invasion.

Transfer to an Afghan prison

On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated. According to that list he was repatriated on December 12, 2007.

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.