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 detainee ID number is 1050.

1 Combatant Status Review Tribunal
- 1.1 Allegations
- 1.2 Testimony
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release or transfer:
3 References

[edit] Combatant Status Review Tribunal

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.

[edit] Allegations

A memorandum summarizing the evidence against Azimullah prepared for his Combatant Status Reiew Tribunal, was among those released in March of 2005.^[2] The allegations Azimullah faced were:

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

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

[edit] Testimony

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

[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.

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

The factors for and against continuing to detain Azimullah were among the 120 that the Department of Defense released on March 3, 2006.^[5]

[edit] The following primary factors favor continued detention:

a. Commitment

In March 2003, the detainee was involved in a foiled reconnaissance missioo, coordinated by an al Qaida Southern Afghanistan Regional commander, who is also known as a facilitator.
The detainee was a Madrassa student in Afghanistna for most of his life, including the timeframe during the Taliban rule. [sic]
The detainee was at the Lakan Madrassa located in Lakan, Khowst Province, Afghanistan.
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

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.
The detainee acted as a guide for a group that had weapons, surveillance equipment (cameras and binoculars) and radios.
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.
Hizb-I Islami Gulbuddin [sic] has long established ties with Bin Ladin. [sic]
The detainee was arrested for aiding personnel in operations against the Salerno Fire Base.
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

The detainee was deceptive and combative in his answers, while trying to claim that he was totally honest and cooperative.
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).