Transcript

Mahnut participated in his Combatant Status Review Tribunal

Combatant Status Review Tribunal

The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...

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His Tribunal convened on 23 October 2004 and 27 October 2004.

On March 3, 2006, in response to a court order

Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 from Jed Rakoff the Department of Defense

United States Department of Defense

The United States Department of Defense is the U.S...

 published an eighteen page summarized transcript from his Combatant Status Review Tribunal.

Witness requests

According to the study entitled, No-hearing hearings

No-hearing hearings

No-hearing hearings is the title of a study published by Professor Mark P. Denbeaux of the Seton Hall University School of Law, his son Joshua Denbeaux, and some of his law students, on October 17, 2006....

, Mahnut was an example of a captive whose witness rrequests were arbitrarily denied:
Mahnut's two witnesses were Saidullah Khalik and Hajiakbar Abdulghupur

Hajiakbar Abdulghupur

Hajiakbar Abdulghupur is a citizen of China, currently unlawfully held in the United States Guantanamo Bay detention camps, in Cuba.The DoD estimate that Abdulghupur was born in 1973 in Ghulja, Xingiang Province, China....

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Personal Representative's comments on ISN 277's Tribunal

Personal Representative

Personal Representative (CSRT)

The Personal Representative is an officer who serves before the Combatant Status Review Tribunals, convened for the captives the United States holds in extrajudicial detention in the Guantanamo Bay detention camps, in Cuba.-History of the Tribunals:...

 were asked if they wanted to comment on their captives' Tribunals. Mahnut's Personal Representative was one of the very few who did comment.

He or she was critical of the President

Tribunal President (CSRT)

The Combatant Status Review Tribunal the US Department of Defense commissioned, like the Tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a Tribunal President.-History of the Tribunals:...

 of Tribunal panel 12 for refusing to hear all of his witnesses, and for cutting off the testimony of one of the witnesses they had allowed.

The President justified cutting off the witness based on the assertion that the witnesses were never allowed to make unsolicited comments.

Commander

Commander

Commander is a naval rank which is also sometimes used as a military title depending on the individual customs of a given military service. Commander is also used as a rank or title in some organizations outside of the armed forces, particularly in police and law enforcement.-Commander as a naval...

 Karen M Gibbs, the military lawyer who provided a legal sufficiency review, noted that the Tribunal President had not offered a justification for refusing to allow the testiomny of Mahnut's witnesses. But, in the end, Commander Gibbs concluded that the witnesses would not have made a difference to the conclusion the Tribunal drew.

Bahtiyar Mahnut is a 28-year-old Chinese citizen who is an ethnic Uighur from Ghalga province of China. Mahnut left China in May 2001 with the goal of reaching a western democracy (America) to live a better life. He was last interviewed at the end of 2002. He had disciplinary action on 4 March 2003 for participating in a riot in which he threw water, milk, food, body fluids, and feces on guards. Sabit is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.

The information paper also identified him as "Sadir Sabit".

Bahtiyar Mahnut v. George W. Bush

A writ of habeas corpus, Bahtiyar Mahnut v. George W. Bush, was submitted on Bahtiyar Mahnut's behalf.
In response, on 20 September 2005 the Department of Defense released 39 pages of unclassified documents related to his Combatant Status Review Tribunal.

He appeared before Tribunal panel 12.
His Tribunal President

Tribunal President (CSRT)

The Combatant Status Review Tribunal the US Department of Defense commissioned, like the Tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a Tribunal President.-History of the Tribunals:...

 disputed that he had denied Mahnut due process.

Summary of Evidence memo

A Summary of Evidence memo

Summary of Evidence (ARB)

Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...

 was prepared for
Bahtiyar Mahnut's
Administrative Review Board,
on
23 August 2005.
The memo listed factors for and against his continued detention.

The following primary factors favor continued detention
The following primary factors favor release or transfer

Transcript

Mahnut chose to participate in his Administrative Review Board hearing.
In the Spring of 2006, in response to a court order

Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 from Jed Rakoff the Department of Defense

United States Department of Defense

The United States Department of Defense is the U.S...

 published a thirteen page summarized transcript from his Administrative Review Board.

Refused to be sent to Palau

The Washington Post reported that Palau had offered him asylum, but had not offered asylum to his brother Arkin Mahmud

Arkin Mahmud

Arkin Mahmud is an Uyghur refugee best known for the seven and a half years he spent in the United States Guantanamo Bay detention camps, in Cuba.Joint Task Force Guantanamo counter-terrorism analysts reports Mahmud was born on July 1, 1964, in Ghulja, China....

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According to Del Quentin Wilber

Del Quentin Wilber

Del Quentin Wilber is an American journalist who writes for The Washington Post. He joined the paper in 2004. He covers federal courts and has written extensively about Guantanamo Bay, former Sen. Ted Stevens, the D.C...

, writing in the Washington Post, Arkin developed mental health problems at Guantanamo so serious that he was the only captive not invited to stay in Palau.

According to the Washington Post, Abubakkir Qasim, one of the fellow Uyghurs, who was transferred to Albania

Albania

Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...

 in 2006, described the brother's situation as a "difficult and sad."
Arkin had traveled to Afghanistan after younger brother Bahtiyar had phoned from the Uyghur construction camp—a call that left the rest of their family worried about him.
They met at the camp, shortly before the 9-11. Although the men were captured in 2001, they were not allowed to see one another in the camp until 2003, when Bahtiyar asked to be moved from the camp for more compliant captives to the camp where Arkin was being held. From 2005 until the remaining Uyghurs were cleared of suspicion in September 2008 Arkin was held in isolation

Solitary confinement

Solitary confinement is a special form of imprisonment in which a prisoner is isolated from any human contact, though often with the exception of members of prison staff. It is sometimes employed as a form of punishment beyond incarceration for a prisoner, and has been cited as an additional...

 because guards reported infractions of the camp's rules.

Granted asylum in Switzerland

Switzerland granted political asylum to Arkin Mahmud and Bahtiyar Mahnut on February 4, 2010.
Swiss authorities helped them settle in Canton of Jura

Canton of Jura

The Republic and Canton of the Jura , also known as the Canton of Jura or Canton Jura, is one of the cantons of Switzerland. It is the newest of the 26 Swiss cantons, located in the northwestern part of Switzerland. The capital is Delémont...

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External links

• From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs Andy Worthington
  Andy Worthington
  Andy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
  
   October 9, 2008
• Judge Ricardo Urbina’s unclassified opinion (redacted version)
• MOTIONS/STATUS HEARING - UIGHURS CASES BEFORE THE HONORABLE RICARDO M. URBINA
• Taking On Guantánamo Connecticut Law Tribune, May 10, 2010
• Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)