Said Amir Jan

Combatant Status Review

Jan chose to participate in his Combatant Status Review Tribunal.

A Summary of Evidence memo was prepared for Said Amir Jan Combatant Status Review Tribunal, on 22 December 2004. The memo listed the following allegations against him:

b. The detainee participated in military operations against the coalition.

1. The detainee reportedly admitted to planning to plant explosive devices. Detainee: I never did that.
2. The detainee was identified as a person who was going to plant the explosive devices.

Administrative Review Board hearing

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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.

Jan chose to participate in his Administrative Review Board hearing.

The following primary factors favor continued detention

b. Training

1. The detainee received military training on the Kalashnikov, but claims he does not know how to operate RPGs, grenades, bombs, machine guns, and land mines.

c. Connections/Associations

1. A four-man cell was planning to detonate bombs on 28 January in Jalalabad, targeting United States, United Nations, and non-Afghan support personnel. The bombers were promised participation in the operational planning cell of Kari Mohadin, deputy of Maulawi Kabir, once the bombing was completed successfully.
2. Mullah Kabir is the former Governor of Jalalabad and a Taliban Deputy.
3. Naqib is friends with two al Qaida members who worked for a Taliban man named Noor Mohammad in Pakistan.
4. Maulawi Noor Mohammad is the former Taliban district chief of Deh Bala and a trusted associate of the former Taliban Governor of Nangarhar Province, Maulawi Kabir. Noor Mohammad stockpiled weapons and recruited Afghanis to agitate against the Afghan Transitional Administration.

d. Other Relevant Data

1. When the Taliban came to power in Afghanistan, the detainee served as a "freedom fighter" for Haji Qadir, governor of Jalalabad, and enemy of the Taliban and al Qaida. The detainee had four men under his direct supervision.
2. During a fight with the Taliban and al Qaida near Jalalabad, the detainee was captured along with 120 other soldiers. The detainee eventually was taken to Sarpuza prison in Kandahar, Afghanistan, where he was beaten and tortured by the Taliban, resulting in the loss of his two front teeth.
3. The detainee was in the Sarpuza prison for no less than five years. He was freed from prison by coalition forces when the Taliban fell from power.
4. After his release from the Sarpuza prison, the detainee became an officer in a military division assigned to patrol and protect the city of Jalalabad. The division was responsible for fighting smugglers of weapons and opium.
5. The detainee took seven of his men and weapons to the Kandaki Toupchi military base, where he was ordered to rotate with some of the men assigned there. Upon arriving at Kandaki Toupchi, the detainee was unable to locate the base commander, so he secured rooms for his group to spend the night.
6. The morning after his arrival at the compound, the detainee was arrested along with one other suspect, although other suspects escaped.
7. Mir Agha Jan was working as an intermediary to Qari Naqib, a senior Taliban leader, and coalition forces by way of the Afghan National Army (ANA). Qari Naqib was attempting to secure the release of the detainee and another unnamed man.
8. 'One of the detainee’s brother is named Mir Agha Jan.

The following primary factors favor release of transfer

Transfer to Afghan prison

He was transferred to an Afghan prison on September 28, 2007, along with five others who were repatriated — 5 Afghans, a Libyan captive and a Yemeni captive.

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.