Mahbub Rahman
Encyclopedia
Mahbub Rahman is a citizen of Afghanistan
who is still held in extrajudicial detention
after being transferred from United States
Guantanamo Bay detainment camp
s, in Cuba
— to U.S. supervised imprisonment in Afghanistan
.
His Guantanamo Internment Serial Number was 1052.
According to the Department of Defense
Rahman was born in 1985 in Khowst, Afghanistan.
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 competent tribunal
s 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 Tribunal
s. 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
.
Rahman chose to participate in his Combatant Status Review Tribunal
.
According to the BBC
Rahman was accused of spying on U.S. forces.
and Rahman Tulah. His Tribunal's President determined that they would be relevant. Azimullah was another Guantanamo detainee, and his testimony was made available. Mohamed Salim was held in Bagram
, but the Bagram authorities had not responded to the Tribunals requests for testimony.
The Tribunal's President asked Rahman to offer more details of who Rahman Tulah was. He informed them he was another student at Faizal Quran, the Madrassa he attended, and that his tribal name was Sadarai. They were captured together.
The Tribunal's President determination that Mohammed Salim and Rahman Tulah's testimony was "not reasonably available".
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.
Rahman chose to participate in his Administrative Review Board hearing.
A Summary of Evidence memo
was prepared for every captive for whom an Administrative Review Board hearing was convened, summarizing the "factors" for and against their continued detention. Those factors were always broken down under two headings: "The following primary factors favor continued detention"; and "The following primary factors favor release or transfer".
The factors favoring continued detention were further subdivided under sub-headings like: "Training"; "Intent"; "Commitment"; "Associations". And the factors under those sub-headings were sequentionally numbered.
Te Summary of Evidence memo was always read out, in its entirety, at the beginning of the hearing. Most captives were offered an opportunity to hear the factors read out, one at a time, so they would have an opportunity to respond to each in turn.
Some captive's transcript recorded the factors, and the captive's responses, but did not record the headings, sub-headings or sequential numbering.
According to that list he was repatriated on August 31, 2008.
The Center for Constitutional Rights
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison
near Kabul
.
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
who is still held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
after being transferred from United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detainment camp
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
s, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
— to U.S. supervised imprisonment in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
.
His Guantanamo Internment Serial Number was 1052.
According to the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
Rahman was born in 1985 in Khowst, Afghanistan.
Combatant Status Review Tribunal
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
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 competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
s to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status.
Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
instituted the 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...
s. 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
.
Rahman chose to participate 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...
.
According to the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
Rahman was accused of spying on U.S. forces.
Witness requests
Rahman requested three witnesses, Azimullah, Mohammed SalimMohammed Salim
Mohammed Abdul Salim was an Indian footballer from Kolkata, then part of the British Raj.-Career:By the mid-1930s Salim, a winger, was an essential member of Calcutta’s Mohammedan Sporting Club side, and helped them to claim five successive Calcutta League titles.After the title win of 1936, Salim...
and Rahman Tulah. His Tribunal's President determined that they would be relevant. Azimullah was another Guantanamo detainee, and his testimony was made available. Mohamed Salim was held in Bagram
Bagram
Bagram , founded as Alexandria on the Caucasus and known in medieval times as Kapisa, is a small town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir...
, but the Bagram authorities had not responded to the Tribunals requests for testimony.
The Tribunal's President asked Rahman to offer more details of who Rahman Tulah was. He informed them he was another student at Faizal Quran, the Madrassa he attended, and that his tribal name was Sadarai. They were captured together.
The Tribunal's President determination that Mohammed Salim and Rahman Tulah's testimony was "not reasonably available".
Allegations
The allegations against Rahman during his Tribunal were: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 BoardAdministrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
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.
Rahman chose to participate in his Administrative Review Board hearing.
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 every captive for whom an Administrative Review Board hearing was convened, summarizing the "factors" for and against their continued detention. Those factors were always broken down under two headings: "The following primary factors favor continued detention"; and "The following primary factors favor release or transfer".
The factors favoring continued detention were further subdivided under sub-headings like: "Training"; "Intent"; "Commitment"; "Associations". And the factors under those sub-headings were sequentionally numbered.
Te Summary of Evidence memo was always read out, in its entirety, at the beginning of the hearing. Most captives were offered an opportunity to hear the factors read out, one at a time, so they would have an opportunity to respond to each in turn.
Some captive's transcript recorded the factors, and the captive's responses, but did not record the headings, sub-headings or sequential numbering.
The following primary factors favor continued detention
- The detainee was captured on 1 June 2003, along with four others, one of whom was a SaudiSaudi ArabiaThe Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
whose mission was to photograph Chapman and Balerno Bases for possible future attacks. - In late March 2003, Abu Laith al-LibiAbu Laith al-LibiAbu Laith al-Libi was a senior leader of the al-Qaeda movement in Afghanistan who appeared in several al-Qaeda videos. He was believed to have been active in the tribal regions of Waziristan. He also served as an al Qaeda spokesman...
, an al Qaida facilitator, planned and coordinated a foiled reconnaissance mission to film the Salerno forward operating base and the villages surrounding the city of Khowst, Afghanistan. - Al-Libi is the al Qaida southern Afghanistan regional commander. He is responsible for operations in the areas of Khowst, Paktia andh Ghanzni Provinces, to include Miran ShahMiran ShahMiran Shah was a son of Timur, and a Timurid governor during his father's lifetime.Miran Shah's first charge was a vast region centered around Qandahar, which he was granted in 1383. That same year, he destroyed a rebellion against Timurid authority by the Kartids, then vassals of Timur in...
, Pakistan . Al-Libi is a LibyaLibyaLibya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
n who specializes in explosive devices and guerilla warfare. - The detainee had been provided with a Kalashnikov rifle, ammunition, and a military cargo belt.
- On the evening of 28 May 2003, al-Libi's group met with Abdul Rakhman and a student recruited from the Nazamia Madrassa at a house in the mountains near Naurak, Pakistan. The plan was for Rakhman to take the members of the team to Khowst, Afghanistan, so that they could film the airfield.
- Abdul Rakhman is a known Arab al Qaida member who has been reported to operate in the Shahi Kowt area.
- The Nazamia Madrassa has been previously reported on for its affiliations with Afghanistan Ant-Coalition Militia. In March 2003, this Madrassa was reported as being used by al Qaida, Taliban, and HIGHezb-e-Islami GulbuddinThe Hezb-e-Islami Gulbuddin is an Afghan islamist political party.The original Hezb-e-Islami was founded in 1977 by Gulbuddin Hekmatyar who is now the head of HIG. The other faction is headed by Mulavi Younas Khalis who split with Hekmatyar and established his own Hezbi Islami in 1979...
personnel for training. It was cited as having been frequently visited by Jalaluddin Haqqanni in 2002. Reports also indicate personnel from Nazamia Madrassa were, in the past, sent across the Afghan-Pakistan boarder to collect intelligence on United States and coalition forces in Khowst Province. - Gulbuddin Hikmatyar founded HIG as a faction of the Hizb-Islami party in 1977, and it was one of the major Mujahadin groups in the war against the SovietsSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. HIG has long established ties with Usama Bin Laden. HIG has staged small attacks in its attempt to force United States troops to withdraw from Afghanistan, overthrow the Afghan government, and establish a fundamentalist state. - Jalaluddin Haqqani is the former Taliban Minister of Tribal Affairs and personal friend of Usama Bin Laden.
- On the afternoon of 1 June 2003, three men, not including the detainee, were asking people in the village of Kondee, which is east of Salerno, where Salerno is located. One of the men they asked was an Afghan Militia Force soldier. He did not answer them, but made his way to Salerno to inform his superiors.
- When he arrived at the burial ground near Salerno, Rakhman took the camera to being filming. Shortly thereafter, shots rang out.
- When the AMF moved towards Kondee to investigate the three men asking questions about Salerno, the three men began firing on the AMF with AK-47AK-47The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...
s. All three were apprehended after a short firefight. - The three men were brought to Salerno for questioning. They had one AK-47, one pistol, one ICOM radio turned to the Salerno security frequency, one set of binoculars, eight hand grenades, one small video camera. The men stated that there was another man neat the Lakan Madrassa.
- The AMF arrested two more men at the Madrassa with two AK-47s, bayonets, one set of binoculars, and a spare videocasette for the video camera. The detainee was one of the two men captured at the compound. The detainee was identified as someone who shot an AMF soldier in March.
The following primary factors favor release or transfer
- The detainee stated he supports the new Afghani government and fully believes America's presence with Afghanistan is important to achieving peace within his country.
- The detainee claims he is not presently, nor has he ever been affiliated with al Qaida.
Transfer to U.S. supervised imprisonment in Afghanistan
On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.According to that list he was repatriated on August 31, 2008.
The Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison
Pul-e-Charkhi prison
Pul-e-Charkhi , also known as Afghan National Detention Facility, is the largest prison in Afghanistan east of Kabul. Construction of the jail began in the 1970s by order of former president Mohammed Daoud Khan and was completed during the 1980s...
near Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
.