Khalil Rahman Hafez

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Khalil Rahman Hafez is a citizen of Pakistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] Hafez's Guantanamo detainee ID number is 301. The Department of Defense reports that Hafez was born on January 20, 1984, in Punjab, Pakistan.

Main article: minors detained in the global war on terror

Contents

[edit] Identity

Pakistan's Daily Times reports that a man named Hafiz Khalil was repatriated to Pakistan in the fall of 2004.[2][3] The official list the US Department of Defense released does not list anyone named Hafiz Khalil.[1] The closest match is Khalil Rahman Hafez. According to the Daily Times Hafiz Khalil was born in Gujrat, Pakistan.

[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.
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.
The caption to this poster, distributed by the CIA in Afghanistan, reads: “You can receive millions of dollars for helping the Anti-Taliban Force catch Al-Qaida and Taliban murderers. This enough money to take care of your family, your village, your tribe for the rest of your life. Pay for livestock and doctors and school books and housing for all your people."
The caption to this poster, distributed by the CIA in Afghanistan, reads: “You can receive millions of dollars for helping the Anti-Taliban Force catch Al-Qaida and Taliban murderers. This enough money to take care of your family, your village, your tribe for the rest of your life. Pay for livestock and doctors and school books and housing for all your people."

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives of 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.

Hafez chose to participate in his Combatant Status Review Tribunal.[4]

[edit] testimony

Hafez started his testimony with the following statement:[4]

“Unfortunately I was in the hands of the wrong people. They sold me and the Americans bought me. I was bought and put in their detention. I was only 16 years old at the time. I answered all their questions. The blamed me for having a connection with Mohammed (referring to the Jaish-E-Mohammad organization as alleged in Exhibit R-1), but I had none. I am not registered with them Of course I went there (to Afghanistan) but I had no connection with them. I did not take part in the war. I fought with the Taliban and I took their training. When I left home it was an emotional decision. I had no sense at that time.”

In answer to questions from the Tribunal members he acknowledged serving with the Taliban. He acknowledged serving on a "defensive line", in the North, which he did not regard as fighting. He was trained in July 2001, and traveled to Afghanistan in August 2001.

He concluded his testimony with the following statement:

“I had nothing against America then or now. When I was brought here and questioned, I answered everything, but I have still not been released. I have no plans to go back and fight again.”

[edit] Release

The Daily Times reported that Hafiz Khalil was repatriated with sixteen other men. The seventeen men were released from Pakistani custody on June 28, 2005.[2][3] Accordint to Daily Times Punjab's chief minister’s adviser on religious affairs, Maulana Tahir Mahmood Ashrafi, said local authorities wanted to investigate whether the men had been brainwashed and were still involved in any terrorist activity.

[edit] References

  1. ^ a b list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ a b "17 ex-Guantanamo prisoners released", Daily Times, Tuesday, June 28, 2005. Retrieved on January 21.
  3. ^ a b "17 ex-Gitmo detainees freed", The Nation (Pakistani newspaper), June 28, 2005. Retrieved on January 21.
  4. ^ a b Summarized transcripts (.pdf), from Khalil Rahman Hafez'sCombatant Status Review Tribunal - pages 9-10
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