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Nasser Gul Ghaman is a citizen of Afghanistan who was held in the United States Guantanamo Bay detention camp, in Cuba.[1] His Guantanamo Internment Serial Number was 1037. American intelligence analysts estimate the Chaman was born in 1980, in Manikhel, Afghanistan. Nasser Gul Ghaman was repatriated without ever been charged on February 28, 2007. [2]

Combatant Status Review TribunalEdit

File:Trailer where CSR Tribunals were held.jpg

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 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

Summary of Evidence memoEdit

A Summary of Evidence memo was prepared for Chaman Nazargul's Combatant Status Review Tribunal, on 13 October 2004.[6] The memo listed the following allegations against him:

a. The detainee is a member of an organization that associated with and supported al Qaida:
  1. The detainee originally lived in Afghanistan, but left with his family during the conflict with Russia.
  2. The detainee returned to Afghanistan in April 2003 and at that that time, he became a security guard under the leadership of a local General.
  3. In his role as a guard, the detainee was issued a Kalashnikov rifle and he was assigned to guard a warehouse used for storing fuel.
  4. The detaiene was captured at the home of a suspected Hezb-e-Islami Gulbuddin (HIG) commander.
  5. HIG is a known terrorist organization that has long established ties to al Qaeda.
  6. The detainee is a member of the Itihad Islami, a known HIG front organization, and when captured had an identification card.
b. The detainee participated in military operations against the United States and its coalition partners:
  1. The detainee, as HIG commander, and his brother have been linked to several attacks against U.S. forces in the vicinity of Jalalabad, Afghanistan.


TranscriptEdit

Chaman chose to participate in his Combatant Status Review Tribunal. But the transcript released with his ISN was actually that of Mehrabanb Fazrollah.

Administrative Review Board hearingsEdit

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.

First annual Administrative Review Board hearingEdit

Ghaman chose to participate in his first annual Administrative Review Board hearing.[7]

Factors for and against continued detentionEdit

  • The detainee was captured with an identified long-time Hezb-e Islami Gulbuddin [sic] (HG) [sic] member.
  • Gulbuddin Hekmatyar found Hezb-e Islami Gulbuddin [sic] (HIG) as a faction of the Hezb-e Islami Gulbuddin party [sic] in 1977. It was one of the major mujahedin groups fighting the Soviets. Hezb-e Islami Gulbuddin has long-established ties with Bin Laden. In the early 1990s, Hekmatyar ran several terrorist training camps in Afghanistan. He pioneered sending mercenary fighters to other Islamic conflicts.
  • In April 2003, the detainee moved from Pakistan to Gardez, Afghanistan, to work as a security guard at a fuel depot. The guards also manned vehicle checkpoints on the road from Khost, Afghanistan, to Gardez, Afghanistan.
  • The detainee was captured 5 May 2003 in a suspected Hezb-e Islami Gulbuddin safe house.
  • The detainee denied any association with Taliban, Hezb-e Islami Gulbuddin, or any other terrorist groups. He also denied being contacted for recruitment to any type of organization.
  • The detainee stated his only reason for coming to Afghanistan was to work for the Karzai government.

Assisting Military Officer's report on his initial interviewEdit

Nazargul Ghaman's Assisting Military Officer told the Board he met his Nazargul on September 22, 2005, for 58 minutes. Nazargul participated in the interview with the aid of a Pashto translator. According to his Assisting Military Officer Nazargul chose to respond to each allegation in turn, as they were read aloud, during his hearing.

The Assisting Military Officer described Nazargul as "polite and cooperative" during his interview.

The Assisting Military Officer repeated a comment Nazargul; had made during his hearing:

"Yes, I will attend. These allegations against me are lies. These are allegations and I strongly deny them. I was only in Afghanistan 18 days. In 18 days I came to Afghanistan and I became a big shot? I will talk there and answer each question."

Opening statementEdit

I just came to Afghanistan to work for the government of Karzai and in the 18 days I was there they captured me. I don't have any enemies. The United States is not my enemy and I am not their enemy, and I hope I should not be

their enemy, too.

I came to Afghanistan with my father's advice to go there to work for the government of Karzai. I don't have any enemies and I came there and I don't know why. For two and half (sic) years I have been here in Cuba and nothing has happened. One day they tell me one thing and the next day they tell me things are not fair and it should not be like that. They brought me here and I don't know my fate. I worked for the government of Karzai and you guys arrested me. In this government people should be free and they should do whatever they want. In eighteen days how [could] I be a big guy. (sic) I am not a commander of Gulbuddin Hekmatyar and I can give you my brother's number in Pakistan and you can call him and you can find out from him. Is there any evidence? I don't lie and if I lie I don't benefit (sic). If there is any proof and evidence, if I fired one single shot in Afghanistan, then you guys can hold me here. If a soldier comes here to this camp in 18 days and doesn't know anything he will ask how to operate things and how to do things. He doesn't even know how to get to these camps. My situation was the same in 18 days, I didn't know anything. Even if I was two months there you would (sic) say (sic) I was Gulbuddin's commander and I wasn't working with al Qaeda or the Taliban. The allegation is that my brother and I I (sic) are working against the United States forces in Jalalabd. How can you judge this on my 18 days? I am not able to read and write. How am I a commander? If there is a witness, then bring that witness to this court. If he is a witness and I am (sic) criminal he should not be afraid of being here in front of me to say that I did this and here is the proof and here is the evidence. Then you can punish me and you can do anything to me that you want. When I came to Afghanistan, I got a job with the government. They start[ed] my salary. Now I am here, I have family and I don't have any income. I have to get my money back for the time I have been here. If I am guilty and I am a bad guy then you guys can do anything you want, but I am innocent. In the same camp (sic) I told them I work for the government of Karzai, I don't have any enemies and you are not my enemy. Why don't you ask in my village of twenty people if I am commander then you can get much more information." </blockquote>

Second annual Administrative Review Board hearingEdit

The following primary factors favor continued detention

a. Connections/Associations
1. The detainee was traveling in Pakistan with a friend when the friend pointed out of the location of the Paktia, Afghanistan Province Leader's house to the detainee.
2. The Paktia, Afghanistan Province Leader has met with senior Taliban Leaders.
3. The same friend of the detainee provided weapons to security guards at the fuel depot.
4. The detainee was captured in the house of a suspected Hezb-e-Islami Gulbuddin Commander.
5. Present at the capture location was an American made bolt-action-rifle with scope and high quality match grade ammunition.
6. Hezb-e-Islami Gulbuddin has staged small attacks in its efforts to force United States Troops to withdraw from Afghanistan, overthrow the Afghan Transitional Administration, and establish a fundamentalist state.
b. Other Relevant Data
1. The detainee was captured on 5 May 2003 in a suspected Hezb-e-Islami Gulbuddin safe house
2. In April 2003, the detainee moved from Pakistan to Gardez, Afghanistan, to work security at a fuel depot. The guards also manned vehicle checkpoints on the road from Khost, Afghanistan to Gardez, Afghanistan.
3. The fuel depot consisted of one building to store weapons and ammunition, the main center warehouse which was an old gas station, and four living quarters buildings. There was one rocket launcher with ten to twelve rockets and one heavy machine gun at the fuel depot.
4. The detainee was identified as having knowledge of a grenade attack against a United States military vehicle in Kabul City, Afghanistan.


The following primary factors favor release or transfer

a. The detainee said he came to Afghanistan because he wanted a better life for himself and his family.
b. The detainee denied any association with the Taliban, Hezb-e-Islami Gulbuddin, or any other terror groups. He also denied ever being contacted for recruitment to any type organization.


Press reportsEdit

Canadian journalist, and former special assistant to US President George W. Bush, David Frum, published an article based on his own reading of the transcripts from the Combatant Status Review Tribunals, on November 11, 2006.[8] It was Frum who coined the term "Axis of evil" for use in a speech he wrote for Bush. Chaman's transcript was one of the nine Frum briefly summarized. His comment on Chaman was:

"One detainee was apprehended in possession of a military identity card that named him as a member of an especially vicious Taliban militia. He explained that it was not his own card. It belonged to a friend who had asked him to hold it for him."

Frum came to the conclusion that all nine of the men whose transcript he summarized had obviously lied.[8] He did not, however, state how he came to the conclusion they lied. His article concluded with the comment:

"But what’s the excuse of those in the West who succumb so easily to the deceptions of terrorists who cannot invent even half-way plausible lies?"

ReferencesEdit


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