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Mohammed Yacoub

From Wikipedia, the free encyclopedia

Mohammed Yacoub 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 1004. Intelligence analysts estimate that Yacoub was born in 1976.

Contents

[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 their 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.
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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 their 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.

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

The Associated Press reports Yacoub lost his left leg in a mortar attack in Kabul. He denied fighting against the USA, or helping foreign fighters. He acknowledged serving with the Taliban.[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.

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

The factors for and against continuing to detain Yacoub were among the 121 that the Department of Defense released on March 3, 2006.[5]

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee heard that a Jihad had begun against the Northern Alliance and traveled back to Kandahar, Afghanistan, to join the Taliban.
b. Training
The detainee received Taliban training at a compound and learned how to use an AK-47.
c. Intent
  1. The detainee fought against the Northern Alliance. During the fighting the detainee was shot in the left arm. Following medical treatment for the wound, the detainee returned to a Taliban-controlled compound.
  2. The detainee was a guide for foreign fighters at a Taliban house in Kabul, Afghanistan.
d. Connections/Associations
  1. The detainee was sponsored into a missionary group (Tablighi) when he was in Pakistan.
  2. Jama'at Al Tablighi, a Pakistan based Islamic missionary organization is being used as a cover to mask travel and activities of terrorists including members of al Qaida.
  3. The detainee admitted his connection to Mullah Satar, a forward commander for the Taliban against the Northern Alliance.
  4. Mullah Satar is one of three Taliban Commanders responsible for the murder of the International Committee of the Red Cross (ICRC) employee on 27 March 2003.
  5. The detainee worked for Mullah Abdul Rahman, a Taliban supporter, who possessed mortars, rocket propelled grenades, launchers, and ammunition. Mullah Rahman may have been involved in the rocket attacks against United States forces in the Khowst province.
  6. Mullah Abdul Rahman is responsible for recruiting Pakistanis for various attacks against the transitional Islamic state of Afghanistan (TISA) and United States Forces in Afghanistan. Rahman recruited these individuals to support Taliban and al Qaida activities in Afghanistan.
  7. The detainee admitted he worked for the Taliban and was the head of security in the Baghlan Province. The detainee was in charge of guarding a house which served asa stopping point for Taliban troops to rest and eat before going to the front lines.
e Other Relevant Data
  1. The detainee was arrested during the month of December, 2001, by the Northern Alliance and imprisoned at Sheber-ghan prison.
  2. It was estimated that there were approsimately 1300 to 1500 possible al Qaida and Taliban linked detainees in the prison in or near Sheberghan, Afghanistan. Many of the prisoners have stated that, if released, they would directly return to fighting against United States and coalition forces in Afghanistan.
  3. The detainee has been cited for harassing guards by pointing to pictures of what appeared to be planes and buildings on his bunk. The detainee would gesture for the Military Police to look at the planes and then the detainee would use his hands to represent the plane crashing into a building. The detainee would then smile and look at the guard. Additionally, the detainee has been cited for spitting on two prison block guards.
  4. The detainee received two million Afghani from Mullah Akhund Berader for his leg which had been blown off by a mortar that landed in his compound.
  5. Mullah Akhund Berader was the Taliban Corp Commander in Kabul, Afghanistan.
  6. The detainee said he received approximately four million Afghani from Mullah Satar for compensation for his lost leg.

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

  • The detainee denied being the Commander of Intelligence and Police for the Baghlan Province, Afghanistan. He stated he never held a high position for the Taliban and he was just a foot soldier.
  • The detainee said he joined the Taliban in retaliation to his family. [sic] He said he had some family problems and did not want to live anymore and felt he could die by joining the Taliban. The detainee said this was the only reason he joined the Taliban and that he had no intentions on fighting against the U.S.
  • The detainee related if he were to return to Afghanistan, he would like the opportunity to work with the American government to help rebuild his community.

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Summarized transcripts (.pdf), from Mohammed Yacoub'sCombatant Status Review Tribunal - pages 51-64
  3. ^ Sketches of Guantanamo Detainees-Part I, WTOP, March 15, 2006
  4. ^ Summarized transcript (.pdf), from Mohammed Yacoub's Administrative Review Board hearing - page 165-177
  5. ^ Factors for and against the continued detention (.pdf) of Mohammed Yacoub Administrative Review Board, April 19, 2005 - page 56
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