Moheb Ullah Borekzai
Encyclopedia
Muhibullah or Moheb Ullah Borekzai is a citizen of Afghanistan
who was held in extrajudicial detention
in the United States
's Guantanamo Bay detention camps, in Cuba
.
His Guantanamo Internment Serial Number was 546.
American intelligence analysts estimate that Muhibullah was born in 1982, in Shah Wali Koot, Afghanistan.
He was captured in Afghanistan in Novembere 2001 and was transferred to Afghanistan on July 19, 2005.
on the official lists released on April 20, 2006 and May 15, 2006.
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
.
Muhibullah chose to participate in his Combatant Status Review Tribunal.
hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not 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.
The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3, 2006.
According to that list Mohibullah was repatriated on July 19, 2005.
Reporters interviewed Borekzai, and Habir Russol
, another Afghan who was released at the same time, on
July 20, 2005, the day they arrived home.
In this interview they revealed that Camp Delta was in the midst of a widespread hunger strike. Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two weeks. Initially DoD spokesman Flex Plexico denied any knowledge of a hunger strike. On July 21, 2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days. The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as June 23, 2005, but had not been able to say anything because of a DoD gag place on them.
Borekzai told the Associated Press the detainees were protesting because "some of these people say they were mistreated during interrogation. Some say they are innocent."
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.
document, reported that Department of Defense
officials claimed
Mohibullah
was one of 74 former Guantanatmo captives who "are engaged in terrorism or militant activity."
On May 27, 2009, the Defense Intelligence Agency
published a "fact sheet" listing Guantanamo captives who had "re-engaged in terrorism".
It stated that Mohibullah was suspected of "association with the Taliban".
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 was 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...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
's Guantanamo Bay detention camps, 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...
.
His Guantanamo Internment Serial Number was 546.
American intelligence analysts estimate that Muhibullah was born in 1982, in Shah Wali Koot, Afghanistan.
He was captured in Afghanistan in Novembere 2001 and was transferred to Afghanistan on July 19, 2005.
Identity
Guantanamo contained at least two captives with very similar names. Guantanamo captive 974 was listed as Mohe BullarMuhebullah (Guantanamo detainee 974)
Muhebullah is an citizen of Afghanistan who is still held in extrajudicial detention after being transferred from United States Guantanamo Bay detainment camps, in Cuba — to an Afghan prison....
on the official lists released on April 20, 2006 and May 15, 2006.
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...
.
Muhibullah chose to participate in his Combatant Status Review Tribunal.
Allegations
The allegations Muhibullah faced, during his Tribunal, were:- a. The detainee is a member of the Taliban.
- Detainee was recruited by Syed Sha Agha in late 1998/early 1999 to serve in the Taliban Security Force. The detainee worked in Kabul and carried a Kalashnikov rifle and ammunition for approximately one and a half years.
- Detainee worked for Syed Shah Agha or Abdul Bari, an official in the Shebreghan region, in Shebreghan, AF ,from November 2000 to February of 2001 and again from September 2001 to November 2001. The detainee was responsible for civil dispute mediation.
- Detainee attended a dinner hosted by Commandant Kamal at his home in TowraghondiTowraghondiTowraghondi is a border town in Afghanistan. It is immediately opposite Serhetabat in Turkmenistan, with which it is connected by a road and a 1520 mm gauge railway which was restored to use in 2007.- See also :*Islam Qala*Hairatan...
, AF . Kamal was warlord for Ismail KhanIsmail KhanIsmail Khan is a politician and former mujahideen commander from Afghanistan. Born in the western Afghan city of Herat, he rose to become a powerful rebel commander during in the Soviet War in Afghanistan, and then a key member of the Northern Alliance until finally becoming the Governor of Herat...
. - The Detainee acquired a rifle from a MujahideenMujahideenMujahideen are Muslims who struggle in the path of God. The word is from the same Arabic triliteral as jihad .Mujahideen is also transliterated from Arabic as mujahedin, mujahedeen, mudžahedin, mudžahidin, mujahidīn, mujaheddīn and more.-Origin of the concept:The beginnings of Jihad are traced...
fighter, Abdul Ghafar. - Detainee surrendered to Northern Alliance forces in November of2001.
Response to the allegations
- Muhibullah confirmed that he worked as a guard to Syed Sha Agha, but he disputed that he did so for a year and a half. Rather he was forcibly conscripted twice. Both times for periods of two or three months.
- Muhibullah repeatedly stated that he did not understand the European date system.
- Muhibullah stated that, in addition to guard duty his responsibilities including kitchen and other household chores.
- Muhibullah confirmed his presence at a dinner where Commandant Kamal was present. But he did not know Kamal. He wasn't invited by Kamal. He was present merely to perform guard duty.
- Muhibullah denied knowing anyone named Abdul Ghafar.
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 were not authorized to review whether a detainee qualified for POW status, and they were not 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.
The factors for and against continuing to detain Muhibullah were among the 121 that the Department of Defense released on March 3, 2006.
The following primary factors favor continued detention
- a. Connections/Associations
- The detainee worked for the Taliban Governor of Shebreghan and claims to have been the Acting Governor for a period of time. When the Taliban fell, he heeded instructions heard over the radio to surrender. The detainee turned himself in to forces under Ismail KhanIsmail KhanIsmail Khan is a politician and former mujahideen commander from Afghanistan. Born in the western Afghan city of Herat, he rose to become a powerful rebel commander during in the Soviet War in Afghanistan, and then a key member of the Northern Alliance until finally becoming the Governor of Herat...
. At the time of his surrender he was in possession of six Kalashnikov riflesAK-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...
. - The detainee had a relationship with the Taliban, in that he served for them as a night watchman in KabulKabulKabul , 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...
over a two year period, and as a dispute mediator in Shebreghan.
- The detainee worked for the Taliban Governor of Shebreghan and claims to have been the Acting Governor for a period of time. When the Taliban fell, he heeded instructions heard over the radio to surrender. The detainee turned himself in to forces under Ismail Khan
- b. Training
- The detainee admitted to receiving instruction in the use of AK-47 and RPGRocket propelled grenadeA rocket-propelled grenade is a shoulder-fired, anti-tank weapon system which fires rockets equipped with an explosive warhead. These warheads are affixed to a rocket motor and stabilized in flight with fins. Some types of RPG are reloadable while others are single-use. RPGs, with the exception of...
from his uncle.
- The detainee admitted to receiving instruction in the use of AK-47 and RPG
- c. Intent
- The detainee admitted to carrying an AK-47 in conjunction with his duties as a guard for the Taliban.
The following primary factors favor release or transfer
- a. Other Relevant Data
- The detainee claimed he was forced into service with the Taliban and had no choice in the matter.
Repatriation
On November 26, 2008 the Department of Defense published a list of when captives left Guantanamo.According to that list Mohibullah was repatriated on July 19, 2005.
Reporters interviewed Borekzai, and Habir Russol
Habir Russol
Habir Russol is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.Russol was released from Guantanamo on July 18, 2005.- Identity :...
, another Afghan who was released at the same time, on
July 20, 2005, the day they arrived home.
In this interview they revealed that Camp Delta was in the midst of a widespread hunger strike. Borekzai and Russol estimated that over 180 detainees were participating in the hunder strike, and that it had been going on for over two weeks. Initially DoD spokesman Flex Plexico denied any knowledge of a hunger strike. On July 21, 2005, three days after their departure, Plexico claimed that only a small number of detainees had been refusing food, and that they had only been doing so for three days. The lawyers of Guantanamo details later corroborated the details of the Afghans claims, saying that they had been aware of the hunger strike as early as June 23, 2005, but had not been able to say anything because of a DoD gag place on them.
Borekzai told the Associated Press the detainees were protesting because "some of these people say they were mistreated during interrogation. Some say they are innocent."
The two Afghans said they had been accused of being members of the former Taliban regime, but both said they were innocent.
Pentagon claim he had "returned to the fight"
On May 20, 2009, the New York Times, citing an unreleased PentagonThe Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...
document, reported that Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
officials claimed
Mohibullah
was one of 74 former Guantanatmo captives who "are engaged in terrorism or militant activity."
On May 27, 2009, the Defense Intelligence Agency
Defense Intelligence Agency
The Defense Intelligence Agency is a member of the Intelligence Community of the United States, and is the central producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 U.S. military and civilian employees worldwide...
published a "fact sheet" listing Guantanamo captives who had "re-engaged in terrorism".
It stated that Mohibullah was suspected of "association with the Taliban".