Azimullah

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Azimullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His Guantanamo detainee ID number is 1050. American intelligence analysts estimate he was born in 1982, in North Waziristan, Pakistan.

[edit] Identity

Azimullah's name was not spelled consistently by the US Department of Defense:

• His name was spelled as LNU, Azmullah on the first page of the Summary of Evidence memo prepared for his first annual Administrative Review Board hearing.^[2]
• His name was spelled as LNU, Azimullah on the second page of the Summary of Evidence memo prepared for his Administrative Review Board hearing.
• His name was spelled as Azimullah on the two official list of captive's names the DoD released on April 20, 2006 and May 15, 2006.^[3][1]

[edit] Summary

Azimullah was one of more than half a dozen captives at Guantanamo who were transferred to Guantanamo because they were under suspicion for the December 1, 2002 rocket attack on Firebase Salerno. According to an article published on May 20, 2005 American intelligence analysts had already concluded, by February 2002, that Jan Baz Khan, the local militia leader who had turned in the suspects, and whose troops had been responsible for patrolling the base's environs, had himself been responsible for the attack, and that all the suspects he had turned over the the Americans had been innocent.^[4]

Azimullah, and several companions were students at a Madrassa in Khowst.^[5] One of his fellow students, Mahbub Rahman, said he had been assaulted by the drug addict who killed his older brother several years before. He said he had shot his assailant in the leg, with his assailant's gun, and then run away. He had sought help from his school chums, Azimullah, while fleeing the scene in panic. They didn't present any resistance to the local militia, when they were captured.

[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 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.

[edit] Allegations

During the winter and spring of 2005 the Department of Defense complied with a Freedom of Information Act request, and released five files that contained 507 memoranda which each summarized the allegations against a single detainee. These memos, entitled "Summary of Evidence" were prepared for the detainee's Combatant Status Review Tribunals. The detainee's names and ID numbers were redacted from all but one of these memos, when they were first released in 2005. But some of them contain notations in pen. 169 of the memos bear a hand-written notation specifying the detainee's ID number. One of the memos had a notation specifying Azimullah's detainee ID.^[6]

The allegations he would have faced, during his Tribunal, were:

a. The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners.

1. The detainee attended the Shinkay and Zaku Khel madrassas in Afghanistan.
2. The detainee was a student at the madrassa during the Taliban rule.
3. The detainee acted as a guide to a group of individuals attacking the Salerno Fire Base.
4. The detainee acted as the guide for a group that had weapons, surveillance equipment (camera and binoculars) and radios.
5. The detainee met with an Arab man and an Afghan man who gave him money prior to the attack on the firebase.
6. The detainee was arrested for aiding personnel in operations against the Salerno Fire Base.
7. The detainee was captured after the group that he was traveling with were engaged in a gunfight with Afghan Militia Force ^[sic] (AMF).

[edit] Transcript

Azimullah chose to participate in his Combatant Status Review Tribunal.^[7]

[edit] Response to the allegations

• Azimullah confirmed that he attended the Skikay and Zaku Khel madrassas.
• Azimullah disputed that he was a student in these madrassas during the Taliban's
• In response to the allegation that he acted as a guide to fighters attacking Fire Base Salerno Azimullah responded that he did not know this kind of man, and had nothing to do with the attack.
• Azimullah denied that there were any cameras, radios or photo equipment with him or his companions when they were captured.
• Azimullah denied being paid money in return for playing a role in the attack.
• In response to the allegation that he was arrested due to his role in the attack he repeated that he knew nothing at all about the attack.

[edit] Response to Tribunal questions

• In response to a question from his Personal Representative Azimullah clarified that he had not begun to attend either of the madrassas listed in the allegations, during the Taliban's rule. He had studied in his own village when Afghanistan was under Taliban rule.
• Azimullah testified that his home was in the village of Sakafel, in Khost Province.
• Azimullah was studying at the madrassa in Sakafel, from his villages' own Mala ^[sic] when the Taliban took power. He said he was "very little" when the Taliban took power.
• Azimullah denied ever receiving any military training.
• Azimullah said he stilled lived at home when he was captured. The Madrassa was within walking distance.
• Azimullah said he shared his home with his father, brothers and nephews.
• Azimullah said he farmed his families land with the other members of his family, growing corn, vegetables and wheat.
• When asked if he was arrested before, or after, September 11, 2001 Azimullah said he did not recognize the date September 11. His recollection was that he was arrested during summertime.
• Azimullah testified that he and his friend were walking when they were captured. They had no idea why they were captured. But, when they got back to base they were told they were captured because they had attacked the Afghan troops.
• Azimullah testified he was captured with Salim.
• Azimullah denied that he was taught jihad in the madrassas. His studies were confined to the Koran and other religious books.
• Azimullah denied belonging to any charitable groups, or to ever working for al Qaida ^[sic] or the Taliban.
• Azimullah testified that he had some formal education prior to attending the madrassa, that he had studied until third grade.
• Azimullah testified he had never heard of Firebase Salerno, and that he didn't know the meaning of Salerno.
• Azimullah testified he was unarmed when they were captured, but Salim was carrying a rifle.

[edit] Azimullah's testimony on behalf of Mahbub Rahman

Azimullah agreed to testify before Mahbub Rahman's Combatant Status Review Tribunal.^[5] Azimullah and Rahman had studied at the same Madrassa. Rahman testified that he had fled Afghanistan for Pakistan when a drug addict who had killed his older brother had attacked him, and he had wounded him in self-defense. While he was return travel he sought out the help of his school chum Azimullah, inadvertently leading to Azimullah's capture and transportation to Guantanamo.

[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.

The factors for and against continuing to detain Azimullah were among the 120 that the Department of Defense released on March 3, 2006.^[2]

[edit] The following primary factors favor continued detention:

a. Commitment

1. In March 2003, the detainee was involved in a foiled reconnaissance mission, coordinated by an al Qaida Southern Afghanistan Regional commander, who is also known as a facilitator.
2. The detainee was a Madrassa student in Afghanistan for most of his life, including the timeframe during the Taliban rule. ^[sic]
3. The detainee was at the Lakan Madrassa located in Lakan, Khowst Province, Afghanistan.
4. Several anti-coalition members have been identified as having been students of the Laken/Dari Madrassa.

b. Training

The detainee's mother stated that he attended a training camp in Pakistan. Although, the detainee denied this, he did admit to loving his mother more than the men who trained him.

c. Connections/Associations

1. The detainee was part of a group that included an individual from the Nazamia Madrassa and a known al Qaida member. Reportedly, the Nazamia Madrassa has been used by al Qaida, Taliban and Hizb-I Islam Gulbuddin (HIG) personnel for training. The detainee along with the other members of the group, were ordered by a known al Qaida facilitator to go to a burial ground, where Muslims go to pray near an operating base in Khost Province, Afghanistan, in order to film the base and surrounding areas.
2. The detainee acted as a guide for a group that had weapons, surveillance equipment (cameras and binoculars) and radios.
3. One of the individuals the detainee was with as part of the group, used a video camera to take pictures of checkpoints and the airport.
4. Hizb-I Islami Gulbuddin ^[sic] has long established ties with Bin Ladin. ^[sic]
5. The detainee was arrested for aiding personnel in operations against the Salerno Fire Base.
6. The detainee was captured, after the group that he was traveling with was engaged in a gunfight with the Afghan Militia Force (AMF).

d. Other Relevant Data

1. The detainee was deceptive and combative in his answers, while trying to claim that he was totally honest and cooperative.
2. The detainee changed portions of his story, especially in relation to his capture.

[edit] The following primary factors favor release or transfer:

• The detainee stated he has never had any military service and was never taught to use the Kalishnikov.
• The detainee denies ever swearing Bia-at to any person or organization. He denies having ever been involved in any Jihad. In addition, the detainee stated he does not know of any Fatwah's ^[sic] that have ever been issued by any Eman ^[sic] (Religious Leader).

[edit] Transcript

Azimullah chose to participate in his Administrative Review Board hearing.^[8]

[edit] Response to the factors

Although his transcript records that his Assisting Military Officer read out Azimullah's response to the factors, unusually his transcript does not record any of those responses.

[edit] Response to Board questions

• Azimullah confirmed he was captured with a recent acquaintance named Salim.
• In response to a question about his attitude towards the American people and the current government of Afghanistan Azimullah said he had no hard feelings.
• Azimullah's hearing's Presiding Officer asked him several questions about the equipment carried by the fighters who attacked Firebase Salerno, and Azimullah repeated that he didn't see any eqipment because he his only companion was Salim.
• Azimullah confirmed that he was not carrying a weapon, when captured.
• Azimullah answered that if released he would look for work, and return to farming his land.
• Azimullah didn't remember how old he was when he first started studying, except that he was very young.
• Azimullah said he had never had a job. The only work he had ever engaged in was working on his families farm.
• Azimullah said he had attended just two madrassas, the one in his own village, when he was young, and another when he became older.

[edit] References

1. ^ ^{a b} list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ ^{a b} Factors for and against the continued detention (.pdf) of Azimullah Administrative Review Board, April 26, 2005 - page 64
3. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
4. ^ Tim Golden. "In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths", May 20, 2005. Retrieved on March 27.
5. ^ ^{a b} Summarized transcripts (.pdf), from Mahbub Rahman'sCombatant Status Review Tribunal - pages 93-108
6. ^ Summary of Evidence memo (.pdf) prepared for Azimullah's Combatant Status Review Tribunal - November 1, 2004 - page 47
7. ^ Summarized transcripts (.pdf), from Azimullah's Combatant Status Review Tribunal - pages 31-38
8. ^ Summarized transcript (.pdf), from Azimullah's Administrative Review Board hearing - page 189