Shahzada
Born1959 (age 63–64)
Belanday, Afghanistan
Detained at Guantanamo
ISN952
Charge(s)No charge (held in extrajudicial detention)
StatusCleared, determined never to have been an "enemy combatant" in the first place
Occupationlandowner

Hajji Shahzada is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] Shahzada's Guantanamo Internment Serial Number was 952. Joint Task Force Guantanamo counter-terrorism analysts estimate that Shahzada was born in 1959, in Belanday, Afghanistan.

Guantanamo detainee Abdullah Mohammad Khan's Combatant Status Review Tribunal dossier contains a letter from Shahzada.[2][3] Khan was arrested while he was a guest of Shahzada.

Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.[4][5] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[6]

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 Haji Shah Zada's Combatant Status Review Tribunal, on 12 January 2005.[7] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida and the Taliban.
  1. The detainee was identified as working for the police force in Kabul, Afghanistan.
  2. The detainee employed an associate as an Intelligence Agent.
  3. The Intelligence Agent was arrested for his involvement with the detainee.
  4. A former commander at Bagram, Shindand and Kandahar airfields, Abdullah Khan, also known as Kheirullah, visited with the detainee at his residence.
  5. Abdullah Khan is alleged to have been a Taliban Airfield Commander.
  6. Kheirullah was visiting to coordinate weapons movement for future operations against U.S./coalition forces and the current government.
  7. Abdullah Khan commanded a group who planned an attack against United States forces.
  8. The detainee was captured with Abdullah Khan at the detainee's residence along with two others on January 29, 2003, where they were reportedly plotting attacks against the U.S. and coalition forces.

Transcript

Shahzada chose to participate in his Combatant Status Review Tribunal.[8] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a nine-page summarized transcripts from his Combatant Status Review Tribunal.[9]

Determined not to have been an Enemy Combatant

The Washington Post reports that Shahzada was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.[10] They report that Shahzada has been released. The Department of Defense refers to these men as No Longer Enemy Combatants.

References

  1. ↑ OARDEC (15 May 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 29 September 2007.
  2. ↑ OARDEC. "Summarized Detainee Sworn Statement (ISN 950) part 1" (PDF). United States Department of Defense. pp. 59–63. Archived from the original (PDF) on 11 October 2016. Retrieved 26 March 2008.
  3. ↑ OARDEC. "Summarized Detainee Sworn Statement (ISN 950) part 2" (PDF). United States Department of Defense. pp. 14–20. Archived from the original (PDF) on 11 October 2016. Retrieved 26 March 2008.
  4. ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  5. ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  6. ↑ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. 6 March 2007. Archived from the original on 29 September 2007. Retrieved 22 September 2007.
  7. ↑ OARDEC (12 January 2005). "Summary of Evidence for Combatant Status Review Tribunal --" (PDF). United States Department of Defense. p. 83. Archived from the original (PDF) on 14 December 2007. Retrieved 1 March 2008.
  8. ↑ OARDEC. "Summarized Unswon Detainee Statement (ISN 952)" (PDF). United States Department of Defense. pp. 88–96. Retrieved 26 March 2008.
  9. ↑ "US releases Guantanamo files". Melbourne: The Age. 4 April 2006. Archived from the original on 10 September 2011. Retrieved 14 March 2008. After four years of resisting disclosure of information on Guantanamo detainees, the Pentagon changed course and voluntarily released about 2,600 pages of documents relating to numerous prisoners.
  10. ↑ "Guantanamo Bay Detainees Classified as "No Longer Enemy Combatants"". Washington Post. Archived from the original on 4 February 2007. Retrieved 26 March 2008.
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