Deleted:Abdullah Mohammad Khan

For other uses, see Abdullah Khan (disambiguation).

Abdullah Mohammad Khan
Born	1972 (age 51–52) Faryab, Afghanistan
Other names	Abdul Latif al Turki Abdulla Mohammed Kahn Abdulla (First Name Unknown)

Abdullah Mohammad Khan is a citizen of Afghanistan who was held in extrajudicial detention in the United States' Guantanamo Bay detainment camps, in Cuba. Joint Task Force Guantanamo counter-terrorism analysts believed, in May 2006 that he was a citizen of Uzbekistan. His Guantanamo Internment Serial Number was 556. American intelligence analysts estimate that he was born in 1972, in Faryab, Afghanistan.

Abdullah Mohammed Khan is notable because he is one of three captives who were initially determined not to have been enemy combatants, but who had this determination reversed when Admiral James M. McGarrah ordered a new Tribunal be convened for a "do-over".

He was captured carrying a forged passport, and, as of September 2006, JTF-GTMO analysts remained unsure of his true identity.

He stands accused of participating in the Battle of Tora Bora during the first period when he was in Pakistani custody.

He was one of the captives whose initial Combatant Status Review Tribunal ruled that he was not an enemy combatant, after all, only to have a subsequent Tribunal convened which ruled that he was an enemy combatant.

Abdullah Mohammad Khan was captured in Pakistan in January 2002 and transferred to Afghanistan on April 30, 2008.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3x5 trailer where the captive sat with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.

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 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 memo

A Summary of Evidence memo was prepared for Abdullah Mohammed Khan's Combatant Status Review Tribunal, on 5 November 2004. The memo listed the following allegations against him:

The detainee is associated with the Taliban and al Qaida:

1. When arrested by Pakistani authorities, the detainee had a falsified Turkish passport that he had purchased from a Turk.
2. The detainee attended a "physical fitness " camp in Jalalabad, Afghanistan for six months.
3. The detainee was at the Khana Gulam Bacha guesthouse on the Taliban front lines in Kabul, Afghanistan in late 1999 and early 2000.
4. The detainee stated he had a Jamiat Al Islamiya [sic] identification card.
5. Jamiat Al Islamiya is designated as a non-governmental organization that supports terrorist activities.
6. The Detainee was arrested in Islamabad, Pakistan by Pakistani authorities while living in a house used by Arabs, and was later turned over to U.S. custody.

Transcript

Khan chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published an eight page summarized transcript from his Combatant Status Review Tribunal.

Mentioned in the "No-hearing hearings" study

According to the study entitled, No-hearing hearings, Abdullah Mohammad Khan was one of the captives who had new Tribunals convened, in his absence, when the initial Tribunals determined that they should never have been determined to have been enemy combatants".

The study quoted from the Legal Sufficiency Review from James R. Crisfield, the Tribunal's legal advisor:

"On 15 December 2004, the original Tribunal unanimously determined that the detainee should no longer be designated as an enemy combatant.

"Due to the removal of one of the three members of the original Tribunal panel, the additional evidence, along with the original evidence and original Tribunal Decision Report, was presented to Tribunal panel #30 to reconsider the detainee’s status. On 21 January 2005 that Tribunal also unanimously determined that the detainee should no longer be classified as an enemy combatant.

"Once again, additional information regarding the detainee was sought, found, and presented to yet a third Tribunal. This additional information became exhibits R-23 through R-30. This time, the three members of the second Tribunal were no longer available, but the one original Tribunal member who was not available for the second Tribunal was now available for the third. That member, along with two new members, comprised Tribunal panel #34 and sat for the detainee’s third Tribunal. Following their consideration of the new additional information along with the information considered by the first two Tribunals, this Tribunal determined that the detainee was properly classified as an enemy combatant."

(FNU), Abdulla v. George W. Bush

A writ of habeas corpus, (FNU), Abdulla v. George W. Bush, was submitted on captive 556's behalf. In response, on 16 August 2006 the Department of Defense released 33 pages of unclassified documents related to his Combatant Status Review Tribunal.

• Captive 556's enemy combatant status was first reviewed by Tribunal panel 26 on 15 December 2004, which determined that he should not have been classified as an enemy combatant.
• Captive 556's enemy combatant status was reviewed again by Tribunal panel 30 on 21 January 2005, which also determined that he should not have been classified as an enemy combatant.
• Captive 556's enemy combatant status was reviewed again by Tribunal panel 34 sometime between 18 March 2005 and 21 March 2005. The third Tribunal confirmed that captive 556 should be classified as an enemy combatant.

His detainee election form recorded that captive 556 met with his Personal Representative for 165 minutes on 18 November 2004:

Will speak to each piece of evidence. Requests PR read each piece of evidence one at a time so detainee can respond to each. Detainee requested 2 out-of-camp witnesses. First witness is detainee's Imam at the local mosque. Second witness is detainee's friend from a refugee camp. Detainee did not request any documentary evidence.

Administrative Review Board hearings

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".

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

A Summary of Evidence memo was prepared for Abdullah Mohammed Khan's first annual Administrative Review Board, on 29 July 2005. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment

1. The detainee fought for the Northern Alliance against the Russians [sic].
2. In 2001, the detainee was arrested in Peshawar during a raid by local police and released when authorities determined he was not Arab.
3. The detainee was arrested along with two Arabs, Musa, a 25-28 year old Syrian, and Abdul Rashad, a 25-30 year old Saudi, during a raid of Musa’s house.
4. When the detainee was captured, his hands tested positive for explosive residue. Authorities were looking for an explosives expert named Abdul Latif Al Turki.
5. The detainee told Pakistani authorities his name was Abdullah Mohammed Khan, but he was identified as Abdul Latif Al Turki, the name printed on his Turkish passport.

b. Connections/Associations

1. The detainee became good friends with Musa and would sometimes stay with Musa and his family at their house in Peshawar.
2. The detainee was arrested in Musa’s residence.
3. Musa (aka Abd Al-Hamid Al-Suri [sic]) is an al Qaida suspect.
4. Musa (aka Abd Al-Hamid Al-Suri [sic]) is also known as Baha’Bin Mustafa Muhammad Jaghal [sic], Musa Muhamat Julaq Augol [sic], Abd Al-Hamid Al-Sharif [sic], and Musa Uglo [sic].
5. An al Qaida detainee identified the detainee in a still photograph as Abdul Latif Al-Turki.
6. A Libyan Islamic Fighting Group member identified the detainee in photo as Abdul Latif Al-Turki. The member said he saw the detainee several times at the Al-Ansar guesthouse in Pakistan.
7. An Iraqi detainee identified the detainee in a photo and reported he had seen the detainee at the Khana Gulam Bacha guesthouse on the Taliban front lines in Kabul, Afghanistan during late 1999-2000.

c. Other Relevant Data

1. The detainee interrupts and monopolizes the interpreter constantly to disrupt interrogations.
2. The detainee manipulates interrogations by using linguistic differences as his excuse.
3. When the detainee was arrested in January 2002, police confiscated his counterfeit passport, as well as numerous additional forged passports from the house that was raided.
4. When the detainee was arrested in January 2002, a compact disk (CD) containing 19 English-language manuals covering manufacture of improvised explosives, poisons, timers, firing devices and other bomb initiating/delivery systems were discovered on the hard drive of a computer during the raid of the safehouse where detainee [sic] was arrested.
5. When the detainee was arrested in January 2002, a Kuwaiti telephone number was found, registered to a Pakistani national who transferred money from Kuwait to Pakistan for large numbers of Pakistanis. He had dealing [sic] with villagers of Peshawar.

The following primary factors favor release or transfer

a. Detainee argues that he is innocent of all the charges brought before him other than he was associated with Musa (an al Qaida suspect) upon his capture.

b. The detainee stated he never owned a valid passport. His previous travels between Afghanistan and Pakistan only required a small bribe to the border guards to allow him to cross the borders.

Transcript

Abdullah Mohammed Khan’s Administrative Review Board hearing was held in early September 2005.

Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Abdulla's [sic] second annual Administrative Review Board, on 10 September 2006. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

a. Commitment

1. The detainee stated he joined a group of Mujahedin to fight the Soviet invasion.
2. A source stated that the detainee was a Mujahed.

b. Training

1. The detainee stated that he knows how to operate a Kalashnikove rifle, but never received formal training in how to use it. The detainee stated he never attended any military style training camps, but he did attend a physical fitness camp for six months.
2. The detainee stated that while fighting for the Northern Alliance, he used a Kalashnikov rifle but had only witnessed the use of explosives.
3. During the raid of the detainee's location, 19 English-language manuals were discovered. The manuals covered the manufacture of improvised explosives and detailed explanations of the manufacture of poisons.
4. The detainee stated the Pakistani authorities accused him of being an explosives expert who smuggled explosives from Tora Bora. The detainee's hands were tested for explosives residue and the test results were positive.
5. An al Qaida detainee identified the detainee and said he took basic training at the Khalden camp in Afghanistan in 1998.

c. Connections/Associations

1. The detainee stated that he was arrested by Pakistani police because Arabs had previously occupied the house.
2. The detainee became acquainted with two Arabs while attending Jamiah Asri Madrassa. The detainee was introduced to the passport maker who offered to provide the detainee with a counterfeit passport. The detainee borrowed 700 United States Dollars to purchase the passport.
3. A source stated that the detainee had an appointment to purchase a forged passport with the name of Ali Uzdamir.
4. The detainee said he purchased a passport with the name Ali or Urqhan from a source for 500 United States Dollars.
5. An individual who used his home to exchange forged documentation stated he hosted the detainee in his house.
6. The detainee stated that just prior to his capture he met the host of the house that he was captured in. The detainee stated that the host does not know him well.
7. A source introduced the detainee to the passport maker, and the detainee stated he had never met the passport maker prior to the purchasing the passport.
8. The detainee stated that two days after receiving the passport, the police raided the homeowner's residence where he was apprehended.
9. Pakistan authorities raided the house where the detainee was located looking for an explosives expert name Abdul Latif al Turki.
10. The detainee stated that the Pakistani authorities may have arrested him because the name of the explosives expert was printed on his passport.
11. The detainee stated he did not read the passport. The detainee stated that he was coached on what to say in case officials questioned the detainee during his travels. The detainee could not recall what he was told about the passport.
12. The detainee stated that the Pakistani authorities were looking for the passport maker.
13. A source stated the detainee was at the Khana Gulam Bacha guest house in Kabul, Afghanistan.
14. A source identified the detainee and said he saw the detainee several times at the al Ansar guest house in Peshawar, Pakistan.
15. An al Qaida operative stated that the detainee was a Turkish Mujahedin travel facilitator that brought Mujahedin from Turkey to a guest house in Pakistan.
16. A known al Qaida member claimed that the detainee was at the Nebras guest house. The known al Qaida member stated that the detainee was either Taliban or al Qaida in hiding.

d. Other Relevant Data

1. The detainee was likely the commander of the Margun al Qaida camp in 1997 and reportedly an explosives expert.
2. The detainee stated he was not at Tora Bora. The detainee claimed he was in Pakistan at the Islamic school throughout this time period.
3. The detainee stated he was not at Tora Bora. The detainee stated that the Pakistan authorities had previously arrested him and held him in detention at that time. The detainee claims he was released after the battle of Tora Bora had ceased.
4. Six passports were found at the detainee's capture location. The detainee claimed he was unaware of their existence.

The following primary factors favor release or transfer

The detainee said if he were released he would like to be released to a country where there is peace and he would have the ability to obtain a job to make ends meet such as Canada, Turkey, Germany or America.

Transcript

Khan chose to participate in his second annual Administrative Review Board hearing.

Repatriation

On April 30, 2008 nine Guantanamo captives were repatriated. The identity of the three Sudanese captives, and the sole Moroccan were made public on the day of their repatriation. The identity of the five Afghans did not immediately become public.

On November 25, 2008, the Department of Defense published a list of the captives' departure dates. According to that list Abdullah Mohammed Khand was one of the five Afghans repatriated on April 30, 2008.

External links

• Who are the Afghans just released from Guantánamo? Andy Worthington