UNCLASSIFIED II

28
UNCLASSIFIED II Summary for ISN TheAdministrative to order. TheDesignated Military ( DMO) The Board Reporter The Translator was proceedings PresidingOfficerannounced the and of the Board proceedings Review Boardmembers were TheAssisting Officer ( AMO) was The PresidingOfficer asked Detained wishes to make a statement under oath . ) The the The the to the Detainee and confirmed TheAssisting presented the Combutant Notification form , to theAdministrative Review Board TheAssisting Military Officer presentedthe Enemy Combatant Election Form , Exhibit EC- the Board Presiding . Military please read your comments fromthe Enemy Combatant Far AssistingMilitary : The ARB interview was conducted on 30 November 2005 and lasted 62 . After reviewing the ARB's purpose and procedures , the translated Unclassified Summary Evidence was read to the asked if he wanted to attend the ARB, present a written or oral statement , or have the AMO speak on his he said would attend the ARB and to cach statement of information inthe lass Summary ( of Evidence after it was presented. to six letters to the board . A follow up interview , to allow the bring ( in on 01 December2005 and 42 minutes . The Detaiace was cooperative and polite ISN 831 Enclosure ( 7 ) Page of 21 21017 UNCLASSIFIEDIFONO

Transcript of UNCLASSIFIED II

UNCLASSIFIED II

Summary for ISN

TheAdministrative toorder.

TheDesignatedMilitary ( DMO)

The BoardReporter

The Translator was

proceedings

PresidingOfficerannouncedthe and of theBoardproceedings

Review Boardmemberswere

TheAssisting Officer (AMO) was

ThePresidingOfficerasked Detained wishesto makea statement under oath.)

The the

The the to theDetaineeandconfirmed

TheAssisting presentedthe CombutantNotificationform, to theAdministrativeReview Board

TheAssistingMilitary OfficerpresentedtheEnemy CombatantElectionForm , ExhibitEC- the Board

Presiding . Military please read yourcommentsfromthe EnemyCombatant Far

AssistingMilitary : The ARB interviewwas conducted on 30November 2005 and lasted 62 . After reviewingthe ARB's purpose andprocedures, the translatedUnclassified Summary Evidencewas read to the

asked ifhewanted to attendthe ARB, present a written or oral

statement, or have the AMO speak onhis he said wouldattend the ARB andto cach statement of information inthe lass Summary (ofEvidence

after itwas presented. to six lettersto the board. A followupinterview , to allow the bring ( in on 01December2005 and 42 minutes. The Detaiace was cooperative and polite

ISN831

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UNCLASSIFIED I

both . The Detaincc was given a copy ofthe Pashto translatedSummary ofEvidence.

Officer: At this time, I amgoing to ask youto readthe Detainee'scomments because itlookslikeonce we go throughthe Unclassified they mayor apply. Ifwe cover we canhear this and what hasto say .

Assistant Military Officer : The Detainee provided the following comments in responseto the information in the UnclassifiedSummary of Evidence. Inresponse to theallegations the Detainee stated thathewould answer them at the ARB. The Detainesclaims heneverhad safehouse. Hestated thatheonly hadhis home, office, and .He stated he challenged them to show himthe safe four years ago, but they neverhave. Hecalls then allegations Inresponse to the favorable factors theDetainco entered the , bewas approached and

with the Americans who they worked for Intelligence )Thestayed his for days before movingto the airport, the Detaince

stated translators made an . The Detaineestated that the Americans stayed inatechnicalcollege that they conquered made abase. The Detainee alsostated that hehelped the Americans and stood guard over . The Detainee claimed thathecouldhave killedthem all ifhe hadreally been their enemy. He further stated that he escortedthe Americans all over the mountains. The Detainee said that he wanted to help with

security

The Designated of Evidence,- 1, the FBI , CITF

Reference Guide,the

TheDesignatedMilitary thata copy of exhibitspreviouslydistributedtothe presentation to theDetainet

The Presiding noted from theEnemy Combatant Election Form the

to respond to each item of the information frompresented

TheDesignated description of thecontentsoftheof , 1 to the AdministrativeReview

to answeringthestatements.

DesignatedMilitaryOfficer: ( 3) Thefollowing factorsfavorcontinueddetention: (3.a )Connections/Associations( ) hesupportHizbe

andGulbuddin did UnitedStatesduringtheSovietinvasion However, Hizb is nowconsideredthe .

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I am a memberof theHIG , I wasnottheir supporter, I am a nurse

andthe ICRC( RedCross), sentmetothe hospitaltogetmy degree for two yearsandthat'swhyI wasthereworkingfor the hospitalfortwoyears. Allof thecommunitiesfromotherforeign countrieslikethe ICRC, RedCross, BHW, , they

to go out helpthe theirmedicationsandhealthproblems.ThathospitalbelongedtoHizb bospitaldid nothaveanythingto dowith

politicsorwar. Thesehospitalsare ( of and sick peoplethat I wasresponsiblefor takingcare of.

ProsidingOfficer: I thoughtI heard sayCRC.

Detainee: ICRC does haveit's ownhospitals inthe refugee camps. They wouldhirepersonnel to inthe camps with the refugees. There werenotany bigshot doctorsworking there. not member ofHizb- e- Isalmiand I donot the

identificationofHizb- e- don't belongto theHizb - Isalmi. �Around that time,the assistance fromthe Americanside ( almost % , to theHizb- e- , that's

we ngwith that organization. To supportmywork I have a note abigbook regarding these things. I willbringin the book and thenotesthat I and I

will show it to you andthe world will about it. Hizb- e- Isalmi was not

against America at that time. We were getting help from andtheyfightingagainst the Sovict Unionatthat time. I haveseenitwith my eyes

Americans were givinguniformsto Hizb- - Isalmi and; the weapons that were being usedagainst SovietUnion been given byAmericans. Even have seen it with my

own eyes what Americahas beengivingtothe people. I from 12 years ( ago ,those MRE that food were eating andgivingto them . I worked for the

hospital to provide for myfamily andI was a refugee andI was desperate, I had tosupport myfamily. I don't care whatI didbutI worked anywhere to myfamily.

I amproudofthe job a curse I performed have done it. Becausein

myholybookKoran, ifyou kill thingit likeyoubave killedthe wbole

world Ifyougive life to personorifyougiveblood, it is like yougivelifetothewholeworld. Even if you give orsomemedicationit likeyouhave givenlife tothewhole world. I didn'tknowat that time thatHizb- e - Isalmiwas against the

Americans (because would myselftoanotherhospital. RightnowAmericans are - Isalmienemies andbecauseofthis I am againstHizb -e - Isalmi

Myansweris over .

Presiding Officer: isgoing to touch on the same subject so isno needto repeat anythingyou said to answer the next one .

Designated Officer: the Russian Jihad , DetaincewasforHizb -o - buthas no withHizb- Gulbuddin

1992

Detainee : This is a fact. Yes I have written documents and I have witnessed when theSoviet Unionpulled out ofAfghanistan Then civilwar started in Afghanistan and so I

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disconnectedmyrelationshipwithHizb e- Islami. The refugeehospitalwas offbecausethere were not any finances. Therefore ] started my businessas Pharmacist

and a Pharmacystore. I provideyou withthe documentsfrommy village,city, all ofthe tribe the ( people showingthat I was busywithmybusiness andIwas doingmypersonal business, havinga drug storc I am done.

DesignatedMilitary ( ) ) The Detaines that heowned a

Kalashnikov and a pistal thatbenever used these weapons againstthe United States The has the weapons forprotection The

that iscommon inhis town to carry a Kalashnikov. Hisjob carry.

Detainee: , I oneKalashnikov one pistol. This guy who was talking aboutmeis from Afghanistan. Seventy- five years ago especially inKhowst Province we hadthe fromthe that the area was gunThat was a very commonthing to a gunon andthat was seventy -

. I personinsteadofcarrying a weapon

believedit suitable for metocarry a pen my job the Karzai

was carrying job andformyownprotection, butbeforethatIwas notcarryinga I was a was against that , call it

a gunis a . The tradition the governmentgave tous, I amstronglyagainstit lettingpeople . I was against itand am stillagainst it I have an . The should insteadofgivingout guds

giveout pens for people ; a saw tobe a carpenter, a shovel tobea

They shoulddo these things notgive Thetwo weapons I wouldcanythe Kalashnikov pistol I a permit for themfromthe Karzai Government, Ihad to it. becausemyjob was dangerous itbecame

forme to a anofficialpermitandyou haveit You didn't

that was also radiothatwasfound)with it too .

Presiding Officer Ihave question. You sayyourjob requires it ifyou aI amconfused why & would to Notthat itwasn't legaland

you havethe thing in , ifyou haveapermitto carry a youcan do . I amjust curious whyyourjobrequiredit?

Detaince: Before this goveanment, the Talibanoppressed me andthey had been brutal tome. In village, my , the Talibanwas insteadoflettingpeople pray and go toMosquethey were trying to playGod. Theythreatened meandtheytroubledme. When

the government came we didn't the Mullahshave the . Wetold totheMosque dowhateveryoudo andjust letustake care ofthings. Itis not like that

over the world. Doctor was the AviationMinister andwasan heisthe boss of theMinistry ofHealthand is in ofeveryoneinthe organization. I was interestedinhelpingmy andthat iswhyI joined with

Americans tohelpbuildupmycountry onthe American's side. Also the gunwas not my shoulder, I had a bodyguarditwas on shoulder carried the guin.

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PresidingOfficer: Youdidn't personallycarry it? (PresidingOfficerbriefly reviews

allcgation You sayingyoudidn't carryityou a bodyguardwho walked

with you ?

The was intheofficeinthe car goinghomeandat he waswith . I nobodyattackedmeandnobody attacked myhouse.

PresidingOfficer: Butyoudidn'tphysicallybave bodyguardtheweaponwas your bodyguardI ?

: I had a soldierwithmeallthe time. The registeredinmy name and

the was withmeand I hadthenumber.

Prosiding Officer I guess I am now whatkind of job the government you

doingother than or does a bodyguard ?

Myjob in National .

ProsidingOfficer Okay youweren't a the

Detainee : I working for the bospital anymore . I was working inNationalSecurity .

Presiding : Okay , that clears that up a little better. Can we go to the next one ?

Well isoverfor thisquestion

Designated Officer: ( is suspected of runninga safe in. This safo to behishomeor incloseproximity

Americanscapturedmyhousethey checkedmyhouse andtheydidn't find anything. Then took meto airport and they asked manyplacesdo you said I havethekeys inmy pocket. I told have a Pharmacy in

, I have a house and youhave seenit and I have officeand you cantake thekeysandlookatallthose places. I if anybody has seenme anyotherplacesbesidesthese you any or anyproofof this tosay I have been

toanyotherplace, place, or dowhatever ? For thelastfouryears I amchallengingifyou could findthatplace. I aplace the sky closetothestars.Thereisno and is otherfacilityformetodigundettheground make one . I amnota gendeto disappear and ) for people tosee

am thatpowerfulto digthe and go undertheground.

PresidingOfficer: Okay, I thinkwe get thegist ofit suspected.

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nowyoubavethepermission, even after20 yearsto findthatplace. Ifthose words thisplacewouldhavebeenfound. My madethese]allegationsand accused .

DesignatedMilitary 3.c) OtherRolevantData ( 3.c.1) Detaincewascaptured in houseon 19 September2002. Hehadbeen dutyallweckand came homeonFriday. The his him

Detainee: on Thursday evening signed intomyofficeto show presentFridaywas our offday andI came . Mypersonalenemy captured meandthey

Beforebeingcaptured I heard a lotofthreats from those , who isPashaKhan. He fightingagainst andagainst the central

Heis a selfish warlord and bad guy. He wanted takeover the Southern

ProvinceofAfghanistanto his own own kingdom . I can give

youan , to havepersonalpower 45 pooplewithrocketsand I have

intheKarzai . 25 peopleby

rocketstojust gainthe inthat youcanfollow in thenewspapersduring that . PashaKhanwas my and was hostilewithme I wasonthe sideofthe Government be didn't like it Heis from myown and

hehad with . There was a campaign from to buildup a kind

of base andhisnephew is the of thatandhis isJan , thiswill come out inthe nextquestion.

Presiding Officer. This Pasha , work for the current

Detainde itontheInternetand I have someproofofKarzaisayinghe willputPasha Khan trial

Officer questionis ifyou tobo released transferredifhe wouldcausethat tobedifficult foryou ?

You cannot say we with him . I a personal animosity with him . Ourwere only I was on the side of Central Government and he was

against the Central Government.

Presiding Okay.

Detaines I wasinthehospital, 45 childrenandwomenwere woundedandKarzaicameandmeta littleboyandKarzaiaskedhim , " Whohityou ?" and littleboy hitme swort that time that wouldputPashaKhanontrial. I in newspaperthat there was an andthat Pasha Khan isnow sitting inthe Parliament, and was a surprise. I don't anyother hostilitieswithhim that ispersonaltheonlydifferences we hadis I was onthe side ofCentralGovernmentand hewas against them .

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Designated Officer: , allegedly from

officials, . movements checkpointsandsecurityand vehicle clearance

Detained Yes, I had to carry weaponsfromhigherauthorities, I hadtheSecurityPolice card hadtheDivisionSecurityD card, I hadtheMissionSecurity

and I thehost Governor card. Mycard was you the

documents. It is Afghanistan, itis the law authority can gowithoutbeing checkedbackandforthandI believeit is like allover the world .

Anytimethey suspected meI wouldbring the . Inthe mostof people were

my ownpeople sothey knew to anotherProvincethenI would my

cardandgive themthe papersformy too

DesignatedMilitary Officer: ( The Detaince authorized tocarry a weapon.

Detainec: Yes, havethecard for carryingthe weapons.

Presiding Officer .

Designated Military following primary factors favor release or transfer:

(4 The claimed he anymilitary schools or received anymilitary training

Detainee: Totally right, ifafter 20 can proveI have there thenI amacriminal I give you a writtea aboutit.

Officer Okay .

DesignatedMilitaryOfficer ) The Detainee was very forthcoming during the

interview. Detainee ofabove average intelligence and cooperated throughout.The strongly believes that hehas wrongfully imprisoned, because anindividual threatenedto the bythe Americans.

Detaince rightbecause I was becauseany questionthey were

I was answering thinking. peoplethink theytry tomakeupstories and I wasn't was the . I am ready from thefirstday nowto the answers same way. Americans I took himmy

I showed commonbathroomsinwhich a lotofpeoplegotogether tothemselves. They myfriends. Duringthese years inallofmy

interrogationsifyou find I have liod question youcankeepme here and blameme forit I cangive you a writtenstatement regardingthat. I am notlike the otherssaidthey can't readand . I told about myeducationandthe way of talking

reasoning andI canmswer theywant. Educationisnota badthing, I gladI haveaneducation. I have a lotofpeoplewhoareEngineersandthenintheir they say, I a Shepherd. Educationis a itis

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not shame. That'swhy through myknowledgetheycangetmore informationfrom methey and I more regardingthe

interrogationsofothers. The themap ofKhowst in frontof andthey asked where is this and I showedthem , thisandthis motions asifhe waspointingata of was tellingthemthatI was Shepherdand I knownothingthen was going to help( them ? has framedme, evenby wordofmouth not anything bed aboutAmericaand this was my enemy'splan againstme. I believestronglythat thereis some misunderstandingor someerror. Everyoneinmyvillage wasworkingwith, was , and he wassocooperative the Americanswhathappenedthis is puzzling. There is intheworld cansayhehasmade a mistako. had any mistakethe day Iwould cometo you saidI madethismistake, butyoudoyourjustice was sureifI haddone a I have toyouguys andsaidI made thismistake Iwouldnot beinjail forup to four yours, but makemistakes and maybetheymisunderstood I average butevenPresidentsandKingsmake mistakes. Iread booksand I usemy senseand nobodyisstupidbutthose people who

mistakeanddon't admitit. Anybody defendingor saying thewrongthing aboutthe mistake or say I donethemistakethat will them than bolpthem .Intheworldthe smartestpoopleare the oneswho admit theirmistakes.

Presiding . Shallwe moveon, I think we gotthejistofthatone?

DesignatedMilitaryOfficer ) TheDetainocrelated thathe has been aofanyterrorist organization. The only terroristorganizationthathe hasknowledgeof isthe Taliban.

Detaince Totally, I don'tknowany terroristorganizationinallofAfghanistan.The only terroristorganizationI know and their friends and supporters. ImentionedthatearlierandstillI am saying I am againsttheterrorist, I a Muslim,

I am againsttheterrorist. came I wasagainstthem and I did notlike( ) ( ). BeforeSeptember11 thetranslationto correctOL-23) .

Officer It'salmostlikehecan read mindwhenyoujust forgotthere(referringto the correctingOL -23).

Detaineo: Thatwas a tragicevent onSeptember11 and was against those peoplewhoplannedit. Whenanybodyinthateventwholosta , likemy wifewas killed.Childrenwere orphanedandI likemy childrenwere orphaned. I damnedthem andI

against thoseactivities. The September , until mylastwill callthem .

Designated Military Officer : ( 4.d.) The stated that is against the Talibanbecause they do not or help hiscommunity by building roads schools, lighting,The the and schools .

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Yes, this is . I was againsttheTalibanand itwas before the Americans

, the Taliban was power I against thean . I idea that one day theAmericans would ( also be against Taliban. I was against the Taliban inthe

beginningbecause they were selfish, extremist and destroyingeverything. They wantedtotake things way behind, kindof times. Theywanted to back upAfghanistan's destroyed schools and . They were

buildingthecountry, they notbuildingroads, andthey buildinghospitals.

They forcing somecharities to pay taxes and using iton war.bloodfrom shopkeepers, businessmen, even the were givingtheir bloodand

then it on thetr owninuedsoldiers. we in the Mosquepraying, theywould come in collecting tho blood from byforce . Theydropped

back they destroyedAfghanistanhistory, monuments and . They

destroyed the historyofAfghanistan The Talibanwas againstthe television, theandthose things. They wantedtomake Afghanistan as dark as they

couldtomakeita They would even let the charity companies

build schools, bridges some facilities for thepoorpeople. Based onthis I was againstsonwillbe becauseof lack offacilities. Inthehospital

mysonwilllose his is no hospital Because there isa

bad , mycarmaybe in anaccident I wouldbemjured or die . whole world

put on the Taliban butI wasthe one . They cut offrelationshipswith

other andI was the onewho . I could make businesswithforeign countries my economy gone down, I was the one whowas going .

Presiding : Okay, canwe go to the one I appreciate answers butonce

see we starting to repeat, I goingtogo to the one. By no do I meanto

cut you to pleaseanphasize.

Designated Military Officer. ( ) The Detainee wasasked about the Usama binLaden

tape in , itwasnot a tape but only a cover fromatape. The his Khan cover athis house

Detaince Ladendoes not a corapany of was not Bin Ladentape. It

Sanyo or Phillips. Itwas bin Ladentape ..You sce thatcover over there ( to the recorders empty cassettetape cover ) This

isthe kindofthing they found has no tapeinit. I seen that andI don't

know it. I believe PashaKhan's poople that andthey it inmy house.Insidethe tape they heardit allmusic trumpetsandthese things whichbin Ladenis buildupthese tapes and put a picture coverandwhen they showed it to me said Who is is

Who the guitar playa isthe alla music tape. Therewas notcassetteinsideof It only the cova . They were going to framemeforonly a picture.

PresidingOfficer: Soitwasa pictureofpossiblyUsama bin Ladenthat couldpossiblyfoldedinside thecoverofthetape?

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Detainec Pakistanisa very bastardcountry! They issuedandprintUsamabinLaden

shirt. you gothere you of . TheyputUsamabinLadenpictureson their , clothesandeverything.

PresidingOfficer: Okay, we just aboutthe . isnicebutweneedto know that

Detainee Itislikewhenyou a box of hair coloring onthe theyputUsamabinLaden'spictureonitonmany other things putUsama bin Laden's onit.Restaurantsand everywheretheyputhis picture.

Prosiding : Okay, let'sget to cover andyousaying your left it inthebousethat is sufficientto

Detainee: I just want to makeitvery, very clear.

Officer You

Detainee: , the out flyers inour withUsamabinLaden's

onitanditwas a price if you [ . My policemenbecauseoflackof this pictureandthey capturedhimsaying " Youhavea picture

ofBin thisand hesaid he found picture ofBin Laden,whichthe Americans threwfrom plane. Writton onthe backit If

can giveus tocaptureBinLaden you will get this muchmoncy as prize.My was stupid He didn'tknow, I lettheguy go .

PresidingOfficer

DesignatedMilitary : related withAmericans

hisdetainment The identifiedajournalist/ whomlaterstatedworked forAmericanIntellige�ice

Detainee I was notworking with the Americans but ifanyjournalistor reporterwere comingI was told to of them . I was careofsecurity andtakingthem all over providingsecurity, because they were cominginthe name ofWashington

Postand I wanted to get someinformation. Hocamewith andI gave him myowncare of the and howanted to go I would guardswith

him . I was providingthem with . I was not officially workingwith the

my was withmy governmentbut I was cooperating with the . Hegavetoo. The or the duringtheReview t been leftont transcriptfor

The redactedthe thistoldme he came to collootinformation Hewas that close withme and took

and myfriends to Kabul offeredto pay for mymealand I said, " No, you are myguest and I am Afghan The not to guesttopay for the host .

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I was nothisfriendformaterial . I had moneyhe was a personalfriend in thatThe answer is ovet.

PresidingOffice italso says that later statedhe worked forIntelligence. says here that youidentifiedhimas journalist later statedhe workedfor American .

Detaince , buthetoldmo . , toldme yes, I cameintheofWashingtonPostbut I workingfor American . I madea joke

with bim youarea journalist woulddosomethings. But wanted to go to themountainsandthehideout Taliban

Presiding Taliban?

bideout of Taliban. Later, hetoldme wantedtocollect intelligenceinfomation

BoardMember. Howlong was it] thetimehe identifiedhimselfas aandthe time toldyouhe workedfor intelligence, howmanydays?

gavemehis withthe of the WashingtonPostand said am ajournalist. WhenallthejournalistwerecomingtoKabulthey sentusa

asking to take care of and givethem . FirsthegavemetheWashingtonPost saidI workingforthe WashingtonPost

Board Member : When you helped hina did pay you

he didn't putgas inmycar. I put the gas inmy car. Inmy privatecarwith to fiveguardsI go andI toldthe guard anyplacehe catsyoupayforit, anything youpay for it I put kilometers on for mygas. I themdon't too muchanddon't smoke becausethey don't likesmoko. I would gas myca . Thatwas our ofhonor or .

DesignatedMilitary Officer: Detainee stated, American Forcesenteredthe hewas approached worked with Americans who said they workedforAmerican Intelligence. The Americans stayed hishouse for 15days before movingto

PresidingOfficer: I you that insome readbytheAMO

I worked directly withAmerican Intelligence . I working formyown security . Because Afghanistan friends with the American

and they were both the terrorism , the United Ianswered this question withthe same answer. The translator or interrogator

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aror Just , they said the stayedinmyhome, itwasa thatwe madetoa that wheretheAmericanswerePor15daysthey didnothavemy , choppersandwith . They wereusing vehicles. Khanwas the onewho

washis friend.

DesignatedMilitaryOffice askedhis thoughtsonAfghanistan'sfuture,hisgoal was to inthe developmentofAfghanistan. The

wantsbetterresources schools, roadsand broad-based, establisheddemocratic. Additionally, the wouldalsoliketoseeAfghanistandevelop

relationshipswith countrics.

Detaince Yes I for that. The for this isbecauseofmylettersfrommy and they nowthe youwanted inAfghanistan.Thatisthesupportofmyargument. Those thatwrote letters 610yearstogether andthey myideas, my activities, mywishes Youcanmy ofyou Myansweris and that'sthethingI wantitandI gotit. I don't

to explain it than thatbecauseyouwillgettired.

PresidingOfficer: Thank You

DesignatedMilitary Officer ( 4.1) The Detainec to not like the Taliban, al ,Tablighi. The to withAmericans these

hecould to .

Detainee Yes, only in 2002, which iswhen the between Americathe Taliben, itwassix that I was against the Taliban. I against al Qaidatoo. I was against people Tablighi I am Muslim I the MosqueIfI to the Mosque to , ifI want I can go to watch movic, ifI want toI go and play, if Iwant toI can go and watch television . IfI want to I can cut btard

bit shorter andcutmyhat a soldiers. Here I shorten mybecause they will a fatwa againstme and I will beseen an infidel. Ifyou

pictures my beards . I call infidels the people whocallthe people who talk to women badpeopic. Korandoes

not to tojust go md pray anddon't do else. The Korm go pray butspread out the work . Go anddo too. Inanother the KoranGodsaid " I amthe thatgives to the brain , That is why personcan make a car, another make a television , is intechnology , Godgaveusthese gifts. thetelevision you a lot of knowledgcable .( have a television you can learn a lot about the Koran There isno need toread the book ifyou can iton the television My brother wrote has atelevision .

PresidingOfficer Canwe move to youthrough ?

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Designated Military Officer: ( Detaineo is withthe United States, but is

frustrated with the methods tocapture people . The Detainee claims other Afghans

who have a grudge against someone are just accusing people because ofpersonalrivalries and are making up stories about people are actually innocent. The Detainecclaims that a person by the name of to United States for a

Detainee , I veryhappy thatAmerica to Afghanistan. Theygottheout ofAfghanistan. Amaica got rid ofthebarbaricpeopleinAfghanistanand

theybroughtdaylight of . Afghanistanfallfrommountainsdownand

for 100yearstheywerenotable tostandup. If theAmericansdidnotgo there aftera fewyears( Afghans had doctors, noteachers, no , andthosepeoplewould live inthevery , dark ages. thingthat reallybothersme isAmerica claimsthey are fathersofhumanrightsandtheyare the only ones inchargeof rightsandthey such people. But they startedbotheringandburtingimocentpooplethat my

Presiding meask youthis, to get back onthe statement they made in" . [states a person named Jan himin is that correct ?

is be isthe nephew ofPasha

Presiding Okay, I thought you PashaKhanyour youin.

Detaince ishisnephew , JanBaz, is nephew. Thehurtingofinnocent peoplehas brokenmyheart. TheAfghans I knowthemand you don'tknowAfghans. Afghan

peopleare very poor. They food they need , they schools, and theyfor their wounds. They areverypoorand you bother

will myheart. years the Rassians them . FortheTaliban themandbecause ofthem sanctions from allover

theworldonthosepoorpeople. Taliban nothave problembecausetheywerereceiving food, clothing and whatever they wanted. Thepoorguy, the averageAfghan food or clothestowear My childrenandsomeofthe poorchildren,because oflackofmedicationwere losing their lives. TheTalibanhighofficialswere

treatment inPakistanor othercountriesflyingouton special .They had , if ofbreadwas $ 100they could affordit and I couldn'tThose are the ofthings that botherme. Still get orhurt thatjustbreaks myheartit'smy . Notonly inmy country in corneroftheworld, ifany oppressed people poor getbotheredor or died oflackof food andthose things it bother me. Like for , therewasdictator likoSaddam andthe peoplestartedstandingagainsthim ) and they stillstanding. I have the picturesofthechildrenwith myownoyes, childrenwithlack of

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mutritionwhohave lost their . Yes, my answer is over, butJanBaz isofPashaKhan.

DesignatedMilitaryOfficer: ( ) The claimed to bea Islami member.TheDetainccexplained that the opposes the Taliban Forces. The Jama'at Islami

pass anti- Qaida posters offeringmonetary rewardsinexchange forto the schools inthe

have a relationshipwithJama'at Islami, whose

Chaz , who was assassinatedby Qaida. Hewasblownup a few daysbeforeSeptember 11 withhim he was against theTaliban. That groupwas theonlygroup untilthe endof who was fighting against them . Don't beso proudthatyou cametoAfghanistan andtook over ifthere were other groups againsttheTaliban inAfghanistanyouwould have so successful. Before you arrive toAfghanistanthe Talibanwas already beingpushed I was the onewhoput the prizemoney onthe andthe BinLaden /al cartoon on the Mosque schools. Iwas theonethat installedthem tellingpeoplethat they for someinformationon I theone took of thingsandtookvideosand gaveit to the Americans. I was informationto the

. My me forthevideosand myto andthey awareof that. IfyouseethemoviesofKbowst

Province, I was theone who took those . Also, I forgot I was theone madeagainst al QaidaandTalibanoverywhereandthey do have mytape. My answer is

DesignatedMilitary : ( 4. the springof2002 the Detainee be wasoffereda jobwiththe newAfghanistan ofKarzai The Detaineealso statedthat was madethedirectorof the 7 Divisionof the AfghanistanNational

The a letterofappointmentto this postis belongings byUnitedStates Forces. Hisresponsibilitiesmonitoringmedia, hospitals, schoolsandtracking trafficking.

Detainee Yes Itwasnot the 7 Division, itwas NationalSecurityBranch7. But forthe rest of I appointmentletterandtheAmericanstook itand itstates I wasgiventhepost. The havethesedocuments well as theAfghans, Becausetheycalledme a doctor, they saidtheywould let control . Fromall over

neighborslikeRussia, China, Iran, andPakistantheydeliveredus some fakemedicationandwe didn'thavea labtocheckthe nedicationandprovidepeoplewith theproperdosage. Theywere usingmy regarding medicationandwhenI

tho I sawthe . I tellthe betweentheanda faks. I wascoatrollingthemedia, ,and sure they

didnotsay anything( againsttheAmericans Inthe my job wassecurity. NationalSecuritythey have 12Branches therearedifferentjobs foreachbranch. Myjobatthe Branchwas numbersevenandI was thedirectorofthatbranch.Presiding Onequestiononthat inKhowstalonethereare 12Branches?

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Detainee: The from theMinistryinKabulhave twelvedepartmentsand

Province twelve branches. AndeveninKabul, myrelationship was with the7

department

DesignatodMilitary Officer ( ) TheDetainee againstthe Taliban. Thejailed by , twice for politicalreasons and once for

beinglatetomosque

, that istotally . I didfight against the timeKhanandmyselfwent andkickedthem outofKhowstbut they weresupported by

anditwas too much for , they came again, The volumeof theirwas toomuchpressure. So one timeI wasjailed for that andafter15daysthey

letmego . second , they putmeinjail because they were collecting taxes byforce from the storekeepers andthen I caused anup the shopkeepers and

We told we goingtogiveany taxes to theTaliban. The Talibanwas using

theirtax money to fight. Yes, wewanttogive taxes buttobuild schoolsandhospitals,forthe putme in . Then onemoretime waslate for the

Mosque mybeardwastoosbort sothey putmeinthejail for days. Those arethe timesI was I against the Americans beforeand I cooperatedwith

I not the or be in the future I giveyou adocument to youthe evidenceI have fighting againstthe Taliban. TheAmerican's the 2002 andmyfight since 1996. Icould do nothingbutyouhadthefacilities the weapons andyou couldhavekeptthem ofour andthen these wouldnothave happenedonSeptember Regardingme if I released andmy to help

with these poor accordingtomyage andenergy . I will defendmycountry ifthey needmewithmycountry I a danger to andI havenever a danger to is good but I wantedto completemyoducation and and work in ). Idon't you somebodygaveyouthe wronginformation. I wantyouto think

it reasoningand the informationandjust thinkaboutit that

called ButwbentheycapturedTaliban in the fieldwith letthemgobut mefor four years. I am , reallysorry for those Arabs are andthey brought them those Pakistanisthat they captured inAfghanistan with the weapons inthe war nowat . Butthey

inAfghans have fighting sidebysidewith the Americans. It is a pitythatpeopic fromBritain, Australia, Kuwaitand America who got captured inAfghanistan nowand I am still justice ? I waswaiting for the firsttrialandI wonderwhy didthey mean Combatant?

Presiding Officer: Okay, we can cover that a laterbut this your chance to

and you did give w a lotof information to go on so, wo will hope for better

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Secondly , the letters that come from my friends and my family, you can readthem and find out I am . They my ideas andmy wayoflife.

PresidingOfficer: I goingto get to that in moment pleaseletmefinish with theDMO .

DesignatedMilitaryOfficer. This concludestheUnclassifiedSummaryofEvidence.

The Designated thathe unclassifiedinformation andrequesteda closed to classified relevant tothe disposition of the

PresidingOfficeracknowledgedthe request

ThePresiding openedtheAdministrative BoardtotheDetaineepresent with the ofthe

AssistingMilitaryOfficer , sir like tomakeanoral statementand that werewrittenonhis am handingthe AdministrativeReview Board whathas previouslymarked ExhibitsEC- C EC -C6. Copiesof these exhibits beenpreviouslyprovidedto theDesignatedMilitaryOfficer.

PresidingOfficer a brief discussion theAMOregardingexhibitsEC- CEC-C6

Military Officerpleasereadthe Detainee's additionalcommentson the CombatantElectionFormandafter that if theDetainee basadditional he would like to make, can do that.

AssistingMility . Two of the Detainee's six letters enclosuresEC ECC2, werenot submitted withcopies oftheoriginal Pashtoletters. nolongerinpossession of the originals andaskadthat theJoint DetentionGroup ( JDG )Englishtranslation be . Dueto JDGpolicy, theoriginalRedCross Pashtocopiescouldnotbesupplied

pictures

Presiding Officer: Does wantus to look at them ?

arc ofmy goingto school.

PresidingOfficer. ThesehaveGUANNumberon so I guess they musthavecomewiththeletters.

Detaince: Yes, they kepttheoriginals andthey gavemeadark copy.

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Presiding Officer any additional ? know you made a briefstatemcat at the end of the Summary ofEvidence . Doyou haveadditional you liketo make, this time.

The the statement:

don'tknow what tosaymore, but if you have questions I am ready. I got

tiredfromtalking lot. Itisnot appropriateforme to talk morethan that, I leave the

justiceorthedecisionfor you I was the samejobyou doing was capturingblameyou is finewithme. I wish theywouldsendmea notice or

summonedme to tellme I wasplacedunder inmy home takingmy wifeand mychildrento I wishthe or the Americans would

havetalkedto mytribeleaderandtoldhimthat I donethisand this he had a

problem . Youfix itorI'llfix itfor you Theybecause of havecometo meandI just a government theycapturedmeandlook mygoverament

like is nothing. They took my carsand identification, whichwas like insultingmydocuments. Itis lawthatyoushouldnot attack their

honor. I wantmychildrento beeducatedinthe future, I wantthesconomy to bebetter,

I want thesick to receivetisatment we canbaveabetterlife. I amhappy daughter is going to that isthemostpleasureI getnow . Every

in rightminewantsa better life. wanta better placeiftheyfeelsome lookingforsafety ). You think that allMuslims

extremist they . There a lot of wanta better and

better . SomeMuslimsapoextremiststhatmisuse the religion Ihave the translatod wrong. Islamisa

religion, itisthebumanity , and isthehelp, good andsoon . isnotfor the brutality and killing. I will give youand example, I copieda verse oftheKoran

I will read itto you, ifyou giveme thepermission.

ProsidingOfficer Certainly, I will you permission. Is thissomethingyou are goingto submitorread

want to readit.

Presiding :

Detainee God, peaceupon saysitis notonly forMuslimsitis for all humanracenameofGodandtherestare ArabicversesoftheKoran, which am goingto read

God compel you tohavehostilitieswithanother nation. Evenifany nationofany

people stop you from goingto the Mosquedo fight them . if someonewon't letyou prayyou are not supposed to fighthimor her be patient anddon'thurt anybody.

I neverthink about revengeor grudge. Makesureyour actions will makeyouexcitedtojoin theactions. each otherand goodbehavior. hurtother , over badthings YoubeafraidofyourGodandwithoutdoubt will punish those are obeying God'scommands. You will be

ISN831

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punished. Islam is very soldon . Your hostilityor your willnot get out ofcontrol. Based onthis, Islam is a religion full of ,justice, humanity , and love.

There is another verse those who believe in God I say stand for the justiceandpeace sake standup against the brutality and the injustice. Bethe

ofjustice peace. The animosity shouldnotcauseyoutogo outof controlanddo . Justice and are close toGod Goddoes not brutalpeople. He

actions and what you doing the God and the of

Godandyou just apply it the becausehe humansand the

right to thepeople . These are the , say Godis andhuman is righthetakes care of . Godrights made to the humanrights. Even the

Koran ifsomebody theKoran, God forgive If beingscurse cachother andthe other side that has beencurse does not forgive the other side

thenGodwill not forgive him . Islam is not thereligionofmeanness ;Koran is a bookofatrocities. The peoplewho misusingthe end uppumished in this worldand they will be isolated inthe world . Itis inthe teach us , manners,

and values. I bere people spit oneach andclaimthey areMuslim they are not. Islam notsay to curse and say badthings to beings. InIslam

religionblack andwhite is it is different Womenandmen noprivilegesother. Somobody ismissing the ] sayingwomen have too

rights and that is notfromIslam .

PresidingOfficer: completeyour statement?

Detainee: Yes, my statement is finished now I am waiting for your questions.

TheAssisting Officer noquestionsfor the

TheDesignatedMilitary had questions forthe

ReviewBoardMember's :

BoardManber educatedman themedicalsciences, correct?

Detainee: Upto a limit

Board Member: Do you know human anatomy very well ?

Member , I just want to ask you a few questions. Wewillgo from easytohard. Where isthe

OL - 23 : Sir, I don't know those words.

Board Member: Okay, it translate. change.

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it .

Deminec job was pharmacy . I have studied at a higher level. I havestudied anstomy little bit I studied pharmacology, I studied I studied surgery ,and some other things.

Board Member : I will ask you some pharmacy questions. Ifa small child swallowspoison, medication would yougive him ?

would tubeand stomachout andcleansethehumanbody toadministeran . Normally, whenyoupurge

person's body likethat youhaveto givetheman because they leakoutpotassiumand

other essential clements. Wegive

Officer I thinkyoutwo eachotherandwe willgo onfromhere.

Board Member: What does a diabetic take to stay alive ?

Detaince two kindsofdiabetics. isfromgeneticsfrom father to son and

the oneisfromphysicalconditions

Board Member: You are giving me acomplex answer to a question . Whatmedication a diabetic take ?

aredifferentmedicationsthe nameis Glucapbageand insulin.

Board Member He answered the question adequately.

Presiding Officer He passed the test.

Board Member Ono more give you a hard one. I caten bad meatand I have intestinal ,what type ofmedication (would I need ]

Detainee poisoning is what you are talking about ?

BoardMember: No, I have a parasite, worms.

Detainec: I would givethem acid thing and somethingfor the digestive system . Ifthe touchedthe inside ofthe intestineitwouldcause some blockage. Iftheperson not pass or a bowelmovenent would have to operate or

wouldbe aninfection

Board Good

Presiding Officer a littlesimple capturedatesbutherewe have19September, do you itwas 19 September 2002, ?

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Detainee : They showed in first and I know about the Afghan history, ]know the Afghan date . I was livinginKabal for my administrative works. On

September 11, Rumsfeld came to BagramandI was watching that on the televisionwhen I to Kabul, it was one week later I got caught.

Officer That's

: Itshouldbe19September.

ProsidingOfficer That'swhat I amgoingtogowiththankyou

Ifitwere a good day forme wouldhave written it inmy notebook.

Presiding . These picturesyou wantthem back , isthat ?

you want a copy that is me.

PresidingOfficer wantto them will a copy, because thislookslikeonlycopyyouhave

You can take a copy fromthe photographic machine

Presiding Officer: I amjust askingifyou want to submit them needto know so I cangetthe AMO to makecopies.

The board panses theAMOcopiesthe pictures,

PresidingOfficer: AMOhas withthephotostheDetaineewantedto submitand Enclosure - D -1 therewill be fivepages .

ThePresidingOficerreadthepost Review instructionstothethe of the Board

PresidingOfficer: I wonldliketo thank youforyouranswers yourcooperationwithus andtheboardwillconsiderthe youhavepresentedaswellasthe answersyou

us .

I appreciateyouguys. I wishandhopeyouusejustice mycase. Ifyousettle my case justiceandpeace in myhandwillbe on your

collar I knowmyselfmorethanyouknowme. 'I don'tblameyouguys fornothingregardingthis

PresidingOfficer you !

The Presiding Officer the classified portion of the session .ISN831

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The Officeradjournedthe portionofthesessionandthewas closed for deliberationand

I certify the materialcontainedinthis transcript is a true and accurate of thetestimony givenduringtheproceedings.

MarineCorpsPresidingOfficer

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