Abd Al Rahim Abdul Rassak Janko

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Abd Al Rahim Abdul Rassak Janko is a citizen of Syria, from the Kurdish ethnic group, held in extrajudicial detention in the United States Guantanamo Bay detainment camps.^[1] Janko's Guantanamo detainee ID number is 489. The Department of Defense reports that Janko was born on June 24, 1978 in Al Qamashil, Syria.

[edit] Denounced Arkan Mohammad Ghafil Al Karim

During his testimony at his own Combatant Status Review Tribunal Arkan Mohammad Ghafil Al Karim said that both he and Janko had been prisoners of the Taliban since early 2000.^[2] Al Karim, a refugee from Iraq, said he was imprisoned on February 15, 2000 because Janko, who had recently been arrested himself, had denounced him to the Taliban, claiming he was an American spy.

Al Karim said that when the Northern Alliance had captured the prison, both men were transferred to American custody, and ended up in Guantanamo.

[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.

Janko chose to participate in his Combatant Status Review Tribunal.^[3]

[edit] Allegations

The allegations Janko faced, during his Tribunal, were:

a. The Detainee is a member of al Qaida.

1. The Detainee claims Syrian citizenship.
2. The Detainee lived in the United Arab Emirates and traveled to Afghanistan.
3. The Detainee traveled to Afghanistan in January 2000.
4. The Detainee traveled to Afghanistan for the Jihad.
5. The Detainee is a member of al Qaida.
6. The Detainee trained with the al Qaida terrorist organization.
7. The Detainee trained at al Farouq training camp in Afghanistan, January 2000.
8. While at al Farouq, the Detainee received training on small arms, mountain tactics, topography, and jungle/guerilla type warfare.
9. The Detainee volunteered to be a suicide martyr.
10. The Detainee is associated with an al Qaida weapons specialist, who possessed his own poisons and explosives training camp.

[edit] Response to the allegations

• Janko acknowledged Syrian citizenship.
• Janko acknowledged living in the UAE.
• Janko acknowledged traveling to Afghanistan in January 2000.
• Janko acknowledged 18 days of small arms training at al Farouq training camp, in January 2000.

He denied all the other allegations.

[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.

Janko chose to participate in his Administrative Review Board hearing.^[4]

[edit] Factors for and against Janko's continued detention

A "Summary of Evidence" memo was prepared for all the captives whose continued detention was considered by an Administrative Review Board. The Summary of Evidence memo always broke the factors under two titles, "The following primary factors favor continuing detention:" and "The following primary factors favor release or transfer:". The factors favoring detention were always further broken down by sub-headings, like "Intent", "Commitment" and "Training", and these factors were always numbered. The headings, sub-headings, and the factor numbering were usually recorded in the transcript. But headings, sub-headings, and factor numbering were not recorded in this captive's transcript.

• The detainee claims that he stayed with an Imam for two to three days. During this time, the Imam gave the detainee money and suggested that the detainee should direct his life toward Jihad. The two discussed Jihad in Chechnya.
• In a video that was obtained from a senior member of al Qaida’s residence, the detainee claims that he was recruited to join the Jihad in Chcchnya.
• The detainee claims that he stayed at an al Qaida guesthouse in Kabul.
• The detainee stated that he attended the [[al Farouq training camp in Kabul, Afghanistan between January and February 2000.
• While at the camp, the detainee claims that he received training in small arms, assault weapons (ie., AK-47 G3 and M-16) and various other Russian and Saudi made weapons. The detainee also received training in mountain fighting tactics.
• As associate of the detainee stated the detainee admitted to receiving military training outside of Afghanistan.
• An associate of the detainee claims that the detainee was possibly an agent for a foreign government.
• The detainee claims that after a dispute with his father over a loan the detainee received from a friend, the detainee attempted to leave the United Arab Emirates.
• The detainee claims that he sought asylum with numerous countries.
• The detainee claims that he requested to leave the training camp after eighteen days. As a result, the detainee claims that he was suspected of spying.
• The detainee claims that while at the guesthouse, he worked on repairing and servicing heavy weapons. The detainee claims that he did not have any experience in this field and he learned on the job.
• An associate of the detainee claims that the Taliban tortured the detainee to the extent that he had little use of his right arm. As a result, the detainee spoke poorly of the Taliban.
• The detainee claims that al Qaida tortured him until he admitted he was a spy.

[edit] Response to the factors

[edit] Response to Board questions

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Summarized transcripts (.pdf), from Arkan Mohammad Ghafil Al Karim's Combatant Status Review Tribunal - pages 1-15
3. ^ Summarized transcripts (.pdf), from Abd Al Rahim Abdul Rassak Janko's Combatant Status Review Tribunal - pages 148-161
4. ^ Summarized transcript (.pdf), from Abd Al Rahim Abdul Rassak Janko's Administrative Review Board hearing - page 92