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Anwar Khan (Guantanamo detainee 948)
Encyclopedia
Anwar Khan is a citizen of Afghanistan
who was held in extrajudicial detention
in the United States
Guantanamo Bay detainment camp
s, in Cuba
. His Guantanamo Internment Serial Number was 948.
The Department of Defense
estimates he is born 1967, and states he is from Konar, Afghanistan.
Anwar Khan arrived in Guantanamo on March 23, 2003, and was repatriated to Afghan custory on Oct. 11, 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 a 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
.
Khan chose to participate in his Combatant Status Review Tribunal.
decision that Sadik's testimony would be relevant "on or about" October 27, 2004.
The US Department of State contacted the Afghan embassy in Washington, requesting their cooperation in taking Sadik's testimony.
About a month later, since the Afghan government didn't reply, the Tribunal's president
ruled Sadik's testimony was not reasonably available.
Khan acknowledged being stopped at the checkpoint with several identification cards—his own card, and two cards belonging to his wives.
Khan said he had moved to Pakistan at the time of his capture.
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.
Khan chose to participate in his Administrative Review Board hearing.
Khan met with his Assisting Military Officer on November 25, 2005 for 40 minutes. His ARB hearing convened
on November 28, 2005.
His Assisting Military Officer described him as "very cooperative, attentive, and cordial throughout the interview.
He reported that Khan requested a copy of the translated Pashto Unclassified Summary of Evidence.
Khan repeated that he was and remained for the American forces. He stated he would not be a danger to the Americans.
Khan repeated that when he carried weapons it was when he and his brother were opposing the Taliban.
at Guantanamo:
over that fact over the radio, so everyone could hear it.
Khan was arrested by American forces.
Khan was told that the sole reason the American troops arrested him was their questions over his multiple ID cards. When Khan told this to his Board one of his Board members
interjected: "You were arrested by United States Forces and sent to Guantanamo for having an ID card?"
Khan said that when he arrived in Bagram he was confronted by false allegations, such as that his father was a Talib, that his uncle was a Talib.
Khan said that, while in Bagram: "I helped them identify a couple of bad guys."
When asked how he would characterize his behavior in Cuba Khan responded:
When asked what he would do if he were released Khan said:
Khan said he hated the Taliban because:
Khan explained that he acquired a Pakistani ID card because he said he was from the North Western Frontier Province.
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...
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...
. His Guantanamo Internment Serial Number was 948.
The Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
estimates he is born 1967, and states he is from Konar, Afghanistan.
Anwar Khan arrived in Guantanamo on March 23, 2003, and was repatriated to Afghan custory on Oct. 11, 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 a 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...
.
Khan chose to participate in his Combatant Status Review Tribunal.
witness request
Khan requested a witness named Mohammed Sadik. The Tribunal's President made thedecision that Sadik's testimony would be relevant "on or about" October 27, 2004.
The US Department of State contacted the Afghan embassy in Washington, requesting their cooperation in taking Sadik's testimony.
About a month later, since the Afghan government didn't reply, the Tribunal's president
ruled Sadik's testimony was not reasonably available.
allegations
Khan's Personal Representative paraphrased the allegations, rather than reading them out verbatim.-
- "...you were directed to carry Taliban weapons from Afghanistan to PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
." - "...you assisted the Taliban by helping to transport, stock pile, and hide Taliban weapon cashes ."
- "...you were captured by Afghan Military Forces at a check point just prior to entering Pakistan because you had several identification cards."
- "...you were directed to carry Taliban weapons from Afghanistan to Pakistan
testimony in response to the allegations
Khan denied being involved with the Taliban. He denied carrying weapons for the Taliban. He denied aiding the Taliban to make weapons caches.Khan acknowledged being stopped at the checkpoint with several identification cards—his own card, and two cards belonging to his wives.
Khan said he had moved to Pakistan at the time of his capture.
testimony in response to questions from the Tribunal's officers
- Khan confirmed he had no association with the Taliban whatsoever.
- Khan confirmed he was not carrying any weapons when he was captured.
- Khan said he worked as a security guard in a bazaar in Pakistan.
- There were three occupants in the car Khan was traveling with when he was captured. Khan and Mohammed Sadik were taken to Bagram. Khan did not know what happened to Sadik after they arrived in Bagram. But he thought Sadik could have testified that he was captured solely for carrying three ID cards.
- Khan said he wasn't armed with a gun when he worked as a security guard—he was only armed with a baton.
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.
Khan chose to participate in his Administrative Review Board hearing.
Khan met with his Assisting Military Officer on November 25, 2005 for 40 minutes. His ARB hearing convened
on November 28, 2005.
His Assisting Military Officer described him as "very cooperative, attentive, and cordial throughout the interview.
He reported that Khan requested a copy of the translated Pashto Unclassified Summary of Evidence.
Factors that favor continued detention
- The detainee said that he was a security guard in PunjabPunjab (Pakistan)Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
, Pakistan during the winter. He returned to the village of Shomasht, Afghanistan during the summer months. - The detainee was asked about the documents he was captured with such as the oath, the various ID cards, and the note with the description of a British man. The detainee stated he did not know about those documents.
- The detainee had an old friend who was the district leader in the Noorgal District.
- The detainee's old friend, formerly Taliban and now against them, wanted the detainee and two others to take one handgun, two rifles and machine guns across the border from Afghanistan into Pakistan. There were to get these weapons from the commander in JalalabadJalalabadJalalabad , formerly called Adinapour, as documented by the 7th century Hsüan-tsang, is a city in eastern Afghanistan. Located at the junction of the Kabul River and Kunar River near the Laghman valley, Jalalabad is the capital of Nangarhar province. It is linked by approximately of highway with...
. - The old friend is a Taliban supporter and has arranged for at least 50 Taliban fighters who are hiding in the mountains near Shomasht to visit the town once a week.
- The detainee had another friend who lived in MazarMazarA Mazār is a tomb or mausoleum ; the word deriving from the Arabic verb zāra , 'to visit', whence also comes the noun ziyārah , 'a visit', or 'visiting the tomb of a saint for blessings.'. Though the word is Arabic in origin, it has been borrowed by a number of eastern languages, including Persian...
, in the Noorgal District. - The detainee claims that prior to his capture, he had delivered two machine guns to this other friend in Afghanistan.
- The detainee told the BagramBagramBagram , 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...
guards that his old friend and the other friend, the detainee's uncle and his father all belonged to the Taliban. - The other friend was last known to be a Taliban commander.
- The detainee's name appears in a phonebook recovered from a Mansour compound in Zormat, Afghanistan.
- The detainee's name appears in a notebook found in the possession of an Afghan suspected of arms dealing and ties with the Taliban. The detainee is listed as being associated with the Office of Director of Logistics.
- The detainee wore an all black uniform for his job and carried a pistol. He claimed not to know anything about his pistol other than its size.
- The detainee later said he did not carry a weapon while working as a security guard and only carried a police stick.
- The detainee said the reason he possessed many ID cards when he was arrested was for his job as a security officer.
- The security ID card was a picture of him in his security uniform and the epaulets were put on the uniform so that the ID would appear to be a Government ID.
- The detainee states it's a standard watchman ID card. The only thing he had different in his picture were the decorations. There decorations were borrowed from a friend of his who was a police chief in Pakistan.
- One of the ID cards the detainee was captured with was a Pakistani police ID card. The detainee has denied any affiliations to Pakistani police.
Comments reflecting information in favor of releasing detainee
Khan's transcript contains a paragraph, in the middle of the list of factors, that reads:- When the Designated Military Officer read "Comments reflecting information in favor of releasing detainee", the detainee had the following comment:
- Detainee: I do not want to be released. I'm not going to go home if I'm released because I am innocent. They beat me naked and that's an insult. I would like to know the truth. (Translator says and what kind of truth that is, I do not know.
- When asked what he thought about the Taliban, the detainee stated he has never supported the Taliban. They are not good people. He thinks Americans are good, because they have opened schools and provided shelter for Afghans. The Taliban has not done this for the people.
- The detainee blames the Taliban for the death of his brother.
- The detainee also stated numerous times that he was just a poor farmer.
Testimony in response to the factors favoring continued detention
- Khan denied any knowledge of the oath or the description of a British man he was alleged to have had in his possession when captured. He acknowledged having some phone numbers in his possession. He was carrying four ID cards: his Pakistani ID card; a photo-id card from his job as a watchman; and Pakistani ID cards for two of his three wives.
- Khan confirmed that he was friends with Said Jalal, the Noorgal District's current district manager.
- Khan denied ever cooperating with the Taliban.
- Khan acknowledged having friends in Mazar .
- Khan acknowledged having owned two Kalashnikovs and a pistol, which he had used when he and his brother were anti-Taliban fighters, which he had turned in to GulanGulanGulan was an anti-Taliban militia leader, prior to the ouster of the Taliban.He was a member of a local anti-Taliban provisional administration that rose to power in Eastern Afghanistan, centred in Jalalabad, Nangarhar, before Hamid Karzai had assembled the his nation-wide provisional...
, an anti-Taliban commander. - Khan denied the allegation that he had friends or relatives who were members of the Taliban.
- Khan replied to the allegation that his name appeared in a phonebook in Zormat by saying that Zormat was very far away from his district and his village. He said the only phonebook he would have been listed in would have been a Pakistani one, because it was the only place he had phone service.
- Khan acknowledged that he wore an all-black uniform for his job as a watchman, and that his photo-id for his job showed him wearing it. He acknowledged that he had embellished his uniform, for the picture, by borrowing some paraphernalia from his friend the chief of police. He was friends with the local Pakistani police because when he and his colleagues caught thieves they turned them over to the local police.
- Khan acknowledged that when he and other guards went around to the shopkeepers to collect the nightly receipts he was armed with a pistol while the other guards were armed with batons.
- Khan denied carrying any ID cards that he was not authorized to carry. In particular he denied carrying a Pakistani police card.
Khan's statement
Khan repeated that he was and remained opposed to the Taliban.Khan repeated that he was and remained for the American forces. He stated he would not be a danger to the Americans.
Khan repeated that when he carried weapons it was when he and his brother were opposing the Taliban.
Anti-Taliban leaders Khan was associated with
Khan mentioned the names of the leaders of anti-Taliban militia he had been associated with. These included:- His own brother. When his brother had died he had retired from fighting the Taliban.
- Said Jalal, currently the district commander of his district, Noorgal district.
- Gulan, the leader to whom he had surrendered his weapons when he retired from fighting the Taliban.
- HajiHajjiHajji or El-Hajj, is an honorific title given to a Muslim person who has successfully completed the Hajj to Mecca, and is often used to refer to an elder, since it can take time to accumulate the wealth to fund the travel. The title is placed before a person's name...
KarnalKarnalKarnal is an important city and the headquarters of Karnal District in the Indian state of Haryana.Karnal is said to have been founded by the Kauravas in the Mahabharata era for the king Karna, a mythological hero and a key figure in the epic tale... - EsmailEsmailGuantanamo detainee Anwar Khan identified an individual named Esmail as an anti-Taliban militia leader, prior to the ouster of the Taliban.According to Khan he and Esmail served under the command of Hazrat Ali, one of the militia commanders who nominated Hamid Karzai for the presidency of the...
- The Supreme Commander of his group was Hazrat AliHazrat AliHajji Hazrat Ali bin Bahawal Sheir is a military commander in eastern Afghanistan.-Biography:He was born in 1964 and is an ethnic Pashai....
.
Abuse Khan went through in custody
In addition to being beaten, when naked, that Khan had mentioned earlier, Khan's statemnent described the following abuseAbuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
at Guantanamo:
- "They stopped me and told me they had five questions and then brought me to Bagram and in Bagram they punish me a lot and now I am here. It's up to you if you believe me or not, but they were unjust when they brought me here and they have to pay me back for that. The doctors beat me up and they did not give me medicine. They put me in mental facilities for people who are completely crazy for ten months and then injected me with some medicine that was not good. It damaged my mental status, when I told them that I could not see or read they did not give me glasses."
Khan's offer
Khan concluded his statement by repeating his assurance that he was not a danger to the United States, and offered to broadcastover that fact over the radio, so everyone could hear it.
Testimony in response to the Board's officers questions
Khan had moved to Pakistan, to look for work, approximately twenty years earlier, when he was a teenager. He had crossed back into Afghanistan approximately once a year, until the Taliban came to power. He returned to Afghanistan in the fall of 2001 to join in the fight to overthrow the Taliban. His brother was killed fighting the Taliban in Tora BoraTora Bora
Tora Bora , known locally as Spīn Ghar , is a cave complex situated in the White Mountains of eastern Afghanistan, in the Pachir Wa Agam District of Nangarhar province, approximately west of the Khyber Pass and north of the border of the Federally Administered Tribal Areas in Pakistan...
Khan was arrested by American forces.
Khan was told that the sole reason the American troops arrested him was their questions over his multiple ID cards. When Khan told this to his Board one of his Board members
interjected: "You were arrested by United States Forces and sent to Guantanamo for having an ID card?"
Khan said that when he arrived in Bagram he was confronted by false allegations, such as that his father was a Talib, that his uncle was a Talib.
Khan said that, while in Bagram: "I helped them identify a couple of bad guys."
When asked how he would characterize his behavior in Cuba Khan responded:
When asked what he would do if he were released Khan said:
- "I will do the same day labor or be a bodyguard or whatever there is to do. I am not going to go back to Pakistan. I am going to be a farmer."
Khan said he hated the Taliban because:
- "The Taliban told us to give them our weapons and live like women. We didn't like that."
Khan explained that he acquired a Pakistani ID card because he said he was from the North Western Frontier Province.