Abdul Razzaq (Guantanamo detainee 923)

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Abdul Razzaq is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] His detainee ID number is 923. The list of all the detainee names, released on May 15, 2006, contains the estimated that Razzaq was born in 1964 in Kadahal, Afghanistan.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with his hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.

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 a 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.

Razzaq chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] Allegations

The allegations Abdul Razzaq faced during his Tribunal were:

a. The detainee is a member of the Taliban.

1. The detainee worked for the Taliban as a cook for five months prior to his capture.
2. The detainee also worked directly for a Taliban member.
3. The detainee received hand-on ^[sic] military training when he fought on the front lines against the Soviets during an earlier jihad.
4. Upon his capture the detainee possessed a list of 24 recruits for a Taliban military unit.

[edit] Abdul Razzaq told his Tribunal he did not understand the Tribunal procedure

Abdul Razzaq told his Tribunal he did not understand this process.

[edit] Witness requests

Abdul Razzaq requested the testimony of two witnesses from Afghanistan. They aren't named in the transcript. The Tribunal's President ruled that their testimony would be relevant. She also said the Afghanistan embassy was contacted in order to get the Afghanistan's government's cooperation, and no reply had come back from the Afghanistan government, so Abdul Razzaq's witnesses were ruled not "reasonably available".

Main article: Witnesses requested by Guantanamo detainees

[edit] Testimony

Abdul Razzaq said he was a storekeeper and farmer at the time of Taliban. He said he had a land dispute with a neighbor named Raucide. Raucide got a job with the new Karzai government. Abdul Razzaq said he believes Raucide used his contacts to denounce him as a Taliban to retaliate for losing the land dispute.

Abdul Razzaq confirmed that he had been employed by the Taliban -- as a cook, not a fighter. He said he worked as a cook in order to earn the money he needed to complete the law suit.

Abdul Razzaq pointed out that being a member of the Taliban would have precluded him running a store. Abdul Razzq pointed out that all the Taliban fled the country when they lost power.

Abdul Razzaq confirmed he received some hands-on training during the Soviet invasion, but he pointed out this was twenty-six years ago. He stated he didn't remember his experience there very well. He said he only participated in the anti-Soviet jihad for five or six months.

Abdul Razzaq disputed that he was captured with a list of 24 recruits. He said when he was captured he had a notebook with the names of the people to whom he owed money, or who owed money to him.

In answer to questions from the Tribunal:

• Abdul Razzaq said he was form Kandahar.
• Abdul Razzaq said he did not hear about the attacks of September 11th.
• Abdul Razzaq said none of the people on his list were members of the Taliban or al Qaeda. They were all ordinary people -- his suppliers or his customers.
• Abdul Razzaq said he couldn't remember the exact dates he worked as a cook -- but it was more than six years before the fall of the Taliban.
• Abdul Razzaq confirmed he didn't have any other responsibilities beyond preparing food -- like guard duty.
• Abdul Razzaq said he did not hear about Osama bin Laden during his time fighting the Soviets. He said he was a small child at the time.
• When asked what kinds of weapons he used during the anti-Soviet jihad, Abdul Razzaq replied: "They did not give us any weapons. I was just walking.
• When asked when he was arrested Abdul Razzaq said: "I do not know the exact date, but I built my store one year after the new government came to power."

[edit] 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 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.

Razzaq chose to participate in his Administrative Review Board hearing.^[3]

[edit] Factors for and against Abdul Razzaq's continued detention

A "Summary of Evidennce" memo was prepared for every Combatant Status Review Tribunal and every Administrative Review Board hearing. Those prepared for the Board hearings listed "Primary factors favoring continued detention", and "Primary factors favoring release or transfer". The factors favoring continued detention were always broken into numbered sub-lists, such as "Intent", "Training", "Commitment", "Association". The factors were always read out to the captives, at the beginning of hearing. And most captives' hearings record that agreed to have the factors read out to them, one at a time, so they could offer a response to each, in turn. Most transcripts record the factors when they were read aloud to the captive. And when the factors were recorded in the transcript they usually recorded the headings and sub-heading, and the numbers assigned to the factors in the sublists.

Abdul Razzaq's Recorder did not record the numbers of the factors, or the subheadings under which they were listed.

• The detainee fought against the Russians in the Jihad.
• The detainee admitted to being a member of the Taliban.
• The detainee was apprehended by Afghan Security Forces at his bakery shop. Although no weapons were found, a letter describing the character of approximately 24 men and recommending they be admitted into the Taliban II Commando Corps was found. The letter signed by former Taliban supreme leader Mullah Omar.
• The detainee and two other men are reported to have been plotting to attack Unite States personnel in Kandahar, Afghanistan, in late December 2002.
• The group also planned to conduct mortar attacks on the Kandahar, ^[sic] airfield at a later undetermined date.
• The intent of the attacks was to gain support from the Sayyef Organization.
• Some Abu Sayyef Group leaders allegedly fought in Afghanistan during the Soviet war and are students and proponents of radical Islamic teachings.
• An unknown individual from Pakistan, sent by, or associated with, Zabir Jalil, a Hezb-e-Islami Gulbuddin (HIG) commander in Quetta, Pakistan, provided radio-controlled detonators. The man also instructed the detainee on the proper use of the devices.
• The Hezb-e-Islami Gulbuddin has staged small attacks to force United States troops to leave Afghanistan, overthrow the Afghan Transitional Administration, and establish a fundamentalist state.
• The Hezb-e-Islami was one of the major mujahedin groups in the war against the Soviets and has long established ties with Bin Laden.
• Zabit Jalil was reportedly involved in planning to lay remote control detonated explosives along the route to a U.S. military installation in Kandahar, Afghanistan.
• HIG Commander Gulbuddin Hekmatyar, Zabit Jalil, and Mullah Ghaffor were providing funding for planned attacks against United States military personnel.
• The detainee reportedly purchased 100 bars of wet gun powder; twelve 82 millimeter mortar rounds; 25 to 30 rocket propelled grenades; two to three Enfield rifles; and four anti-tank mines.
• The detainee received some military and hands-on training while fighting against the Russians in the jihad, but denied any formal training at a formal camp.
• I swore to you earlier and I'm still under oath. I don't know. I'm not that kind of person. I was living in the center of the town [and] by the paved road was my business. I couldn't do those things. You are also honest people; because you went under oath... you better believe me that I'm not lying to you... I'm being honest with you.
• The detainee can fire AK-47s, pistols and shoulder-fired rockets.
• The detainee worked for about one year for Mullah Abdul Ali, a member of the Taliban. The detainee would pick up groceries and personal items for his employer.
• The detainee admitted knowing Zabit Jalil, but only during the time of the Russians.
• The detainee admitted involvement with the Sayyef Group during the Russian jihad.
• The detainee denied knowing Mullah Omar and having any knowledge of a letter reportedly discovered in his residence.
• The detainee denied any association with the HIG, Taliban, and involvement in the planning of attacks on U.S. or Afghan forces.

[edit] Responses to the factors

[edit] Responses to Board questions

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Summarized transcripts (.pdf), from Abdul Razzaq's Combatant Status Review Tribunal - pages 7-12
3. ^ Summarized transcript (.pdf), from Abdul Razzaq's Administrative Review Board hearing - page 184