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Mohamed Jawad

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Mohamed Jawad (born c. 1985) is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internee Security Number is 900. The Department of Defense estimated that Jawad was born in 1985, in Miran Shah, Pakistan.

Main article: minors detained in the global war on terror

Identity

Captive 900 was spelled inconsistently on various official documents.

Background

Captive 900 was captured in December 2002, in the vicinity of a grenade attack, with a grenade in his possession. Two American soldiers, and their Afghan translator, were injured in the grenade attack. According to the estimates of Joint Task Force Guantanamo analysts he was a minor, when captured. Captive 900 says he was still in primary school.

Captive 900 was charged on Thursday October 11 2007, making him the eleventh captive to face charges before a Guantanamo military commission.

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. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.
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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.

Allegations

A Summary of Evidence memo was prepared for his Combatant Status Review Tribunal 19 October 2004. The [[Department of Defense released two versions of this memo, in March 2005 and September 2007. The version released in March 2005 contained redactions.

The memo contained the following allegations:

a. The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners:
  1. Originally from Miran Shah, Pakistan the detainee was recruited by six men while attending the local Qari mosque.
  2. The detainee was recruited to clear Russian [sic] mines in Kabul, Afghanistan.
  3. The detainee was affiliated with the Hezb-E-Islami [sic] organization.
  4. The Hezb-E-Islami [sic] organization is a terrorist organization with long-established ties to Bin Laden.
  5. The detainee attended a Jihad Madrassas [sic] where he prepared to fight on the front lines.
  6. The detainee attended a training camp in late 2002 and received instruction on the AK-47, shoulder-held rocket launchers, and grenades.
  7. The detainee admits to telling a terrorist organization associate that he would kill Northern Alliance and American forces.
  8. The detainee was captured approximately 17 December 2002, in Kabul, Afgahnistan while fleeing from the scene of a grenade attack targeting American soldiers.

Testimony

Captive 900 chose to participate in his Combatant Status Review Tribunal.

Confusion

Captive 900 was confused about the purpose of the Tribunal. When his Tribunal's President asked him if he understood the Tribunal procedure he responded that it was supposed to determine if he was a criminal. His Tribunal's President tried to explain that the Tribunal was not concerned with whether he was a criminal, but rather was supposed to determine whether he was an "enemy combatant".

In spite of this explanation Captive 900 continued to try to explain, throughout his Tribunal, that he was not a criminal.

Captive 900's statement

Captive 900 described being approached by a man at the mosque who invited him to take a job clearing mines. Captive 900 told his Tribunal that he told the man he wanted his mother's permission before he took the job. The man told him to tell his family he had accepted a job in Afghanistan, but not to worry them by telling them he was going to be clearing mines. Various family members told him he was too young to take a job. His mother had left to visit relatives, so he left for Afghanistan without her permission. Captive 900 testified that when he arrived in Afghanistan he was given a Hezb-e-Islami ID card. He testified that he was made to take pills that left him sleepy and disoriented. He also testified: "The men gave me injections in the leg and I hallucinated about many things, like my nose coming off and giving my ear to people."

Captive 900 testified that he was taught how to throw grenades, that a mine went off near him, but he wasn't injured.

According to Captive 900 that staff at the camp where he was trained were known by numbers, not names.

Captive 900 told his Tribunal that the staff members gave him orange gum, chocolate candy, and a tablet that made him go out of his mind.

Captive 900's Personal Representative tried to repeat to his Tribunal the account he recorded of Captive 900, "number thirty-nine", "number forty-two" another trainee named Nadir and himself traveling to Khowst. Captive 900's Personal Representative's account included Captive 900 being given some bombs. Then "something happened", everyone was running. Then he got arrested, taken to Bagram, and finally to Guantanamo.

While the Personal Representative tried to repeat the account he recorded Captive 900 kept interrupting him with corrections.

Captive 900 said he didn't know whether Nadir, "number 38" and "number 42" were arrested at the same time he was. He was told they were. He was told they weren't. And he was told they were killed.

Captive 900's transcript does not record the Tribunal members asking him any questions.

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 hearing

A Summary of Evidence memo was prepared for his first annual Administrative Review Board on 7 November 2005.

The following factors favor continued detention:

a. Commitment
  1. The detainee met an individual at the detainee's shop in the Khowst Province around October 2002. This individual initially approached the detainee with an opportunity make extra money. The job would involve killing Americans.
  2. The detainee attended Qurey Mosque in Miran Shah, Pakistan in early December 2002, where he met four people. The detainee was asked if he would would be interested in helping them clear mines. The detainee would be paid at least 12,000 Pakistani Rupees for his labor.
b. Training
  1. The detainee trained for approximately one and a half days in the Khowst Province of Afghanistan. Upon arrival, the detainee was given one or two injections in his right leg that caused confusion and incoherence. Additionally, on the day of the mission, the detainee was given two oral pills that caused the same effect .
  2. The detainee was trained to use AK-47s, rocket launchers, machine guns, and hand grenades.
  3. The detainee was identified as being at Jihadi Madrassa before the Americans came to Afghanistan. The detainee was attending training on how to throw grenades. The detainee was seen with a fake plastic grenade in his hand.
  4. The detainee trained with the Hezb-I-Islami Gulbuddin.
c. Detainee Actions and Statements
  1. On 17 December 2002, two people ordered the detainee and a second individual to position themselves near the mosque and to wait for an American target to pass. As an American vehicle passed, the second individual ordered the detainee to throw a grenade into the vehicle.
  2. The detainee stated originally he was not the person who was supposed to throw the grenade, but that the grenades were passed to him at the last minute. He and others were waiting in the market for United States' vehicles to pass. The other individual told the detainee to throw the grenade, so he did.
  3. As the detainee threw the grenade, the second individual fled the scene. The detainee was caught by a local police officer at the site of the explosion.
  4. The detainee made a written confession to this attack, signed it, and marked it with his fingerprints.
  5. The detainee told a senior Afghani police officer that he was proud of what he had done, and if he were let go, he would do it again.
Other Relevant Data A senior Afghani official stated he heard the detainee admit to throwing the grenade at the two United States soldiers.

The following primary factors favor release or transfer:

a. The detainee maintains his innocence stating someone else threw the grenade. He stated he was at the scene when this other individual threw the grenade, however he was not involved.
b. The detainee said he has not served in any military army and never received any military training or terrorist training.
c. The detainee said he had no knowledge of the 11 September 2001, attacks on the United States prior to the event nor does he have any knowledg of future attacks against United States citizens.

Transcript

Captive 900 chose to participate in his Administrative Review Board hearing.

Enemy Combatant election form

Captiveve 900's Assisting Miliary Officer met with him on December 6 2005 for 45 minutes for a pre-hearing interview. His Assisting Military Officer reported that he was "very cordial, attentive, and was well informed about the ARB's purpose and procedures.

Response to the factors

  • Captive 900 was confused by the allegation that he met his recruiter at his shop, as he never owned a shop.
  • Captive 900 acknowledged attending the Qurey [sic] Mosque in Miran Shah, Pakistakn, where he was recruited -- to help clear land mines.
    • Captive 900 admitted that he didn't have any training in mine clearing.
  • Captive 900 denied receiving any training in how to use military weapons.
  • Captive 900 denied attedning the Jihadi Madrassa, or any other religious school
  • Captive 900 specifically denied learning how to throw grenades.
  • Captive 900 specifically denied being trained by the Hizb-I Islami. He specifically denied ever meeting anyone in the Hizb-I Islami.
  • Captive 900 denied ever stating that he threw a grenade. He testified that he had specifically told his interrogators that 'I was the person who did not throw the grenade.
  • Captive 900 said that local Afghan police tortured him, and threatened to kill him, if he didn't confess.
    • Captive 900's Assisting Military Officer denied being aware that captive 900 reported being tortured.
    • Captive 900's Baord's Presiding Officer first asked the Assisting Military Officer whether captive 900's statement of abuse "...triggers the mandatory aspect of the Office of Administrative Review for the Detention of Enemy Combatants (OARDEC) Standard Operating Procedure (SOP) ?
    • When the Assisting Military Officer agreed the Presiding Offier ordered the Assisting Military Officer to comply with the reporting procedure.
    • Captive 900 confirmed that he was tortured by Afghani forces, not American forces.
  • Captive 900 denied putting his signature and fingerprint to a confession. He said he didn't have a signature.
  • Captive 900 denied ever stating that if he were released he would attack American soldiers.
  • Captive 900 confirmed that he may have been overheard confessing to throwing the grenaade -- when he was being tortured.
  • Captive 900 confirmed that he was in the vicinity of the grenade attack, but that someone else threw the grenade, and that he was uninvolved.
  • Captive 900 said he didn't know the man who threw the grenade, but he would recognize him if he saw him again.
  • Captive 900 testified that he was unaware that the attack was going to take place.
  • Captive 900 testified he had no prior knowledge of al Qaeda's attacks on the USA on September 11, 2001. He testified he had no knowledge of any rumors of any other attacks.

Captive 900's oral statement

Captive 900's Presiding Officer had interrupted him when he was responding to the allegation that he was recruited in a mosque, telling him he was going off topic. When captive 900 tried to take the opportunity of his oral statement to describe the circumstances of his recruitment, his Presiding Officer interrupted him again:

Presiding Officer:

Let's stop for just a minute. ] The Review Board heard this same story in a statement you made earlier in the session.

Captive 900:

What kind of a statement do you want? Do you wnat me to make a statement about my jail tiem and how it has been an injustive? Do you want a statement about my torture ? Do you want me to make a statement about my time here ?

Presiding Officer:

You may stat anything that you would like in your personal statement. However, the Review Board has already heard this portion of your statement and we do not need to hear it again.

Captive 900:

These people want me to cooperate with them?

Translator:

I told the detainee, "Yes, the Review Board would like your cooperation."

After the Presiding Officer's interruption captive 900 did not return to making an oral statement.

Response to Board questions

Board Member:

Mr. Jawad, you mentioned that you were at the scene of the attack. Why were you there at the time?

Captive 900:

Yes, I was there. A person gave me something, but I did not know what the object was that the person gave me . One of those guys gave me one of those to put in my pocket to keep.

Board Member:

That gave you one of what? What was it the individual gave you?

Captive 900:

His name was Madar.

Board Member:

No, I am not asking the individuals [sic] name. I am asking you, what is the object he gave to you to put into your pocket?

Captive 900:

I will tell you now. They gave it to me and then said they would take it back from me later. They told me to stay here . The man told me that he would come back. The man did not come back. Beside me there was a sack of raison. I wanted to buy some raison. When I went ot pay for the raison , I took the thing the person gave me out of my pocket and placed it on top of the sack of raisons. The shopkeeper saw the thing and asked me what it was. I told the shopkeeper I did not know what it was, but someone had give it to me. The shopkeeper told me that it was a bomb and that I should go and throw it in the river. I put the thing back in my pocket and I was running and shouting to stay away, it's a bomb! When I got close to the river, people caught me. I the only thing I remember now, I was in the custody of the police.

Board Member:

So someone was going to hire you to clear mines. You were then given a grenade, but you had no idea that the item they gave you was a grenade?

Captive 900:

Before that time, I had never seen a grenade nor did I know what a grenade was.

Board Member:

Do you admit now that the item you had was in fact a grenade?

Captive 900:

Well, the shopkeeper told me it was a bomb. When I got caught they told me it was a bomb. I guess it is possible tht the item I had was a bomb.

Board Member:

You were there when the attack occurred, correct? You also know the person who threw the grenades at the American vehicle, Correct?

Captive 900:

It's a possibility that they [sic] guy who gave me the grenade, maybe he thrwe it.

Board Member:

Did you hear an explosion?

Captive 900:

Yes. I didn't know it was a bomb, but I could hear people shouting.

Board Member:

The name you mentioned earlier, is that the name of the person who threw the bomb/grenade?

Captive 900:

I did not see it with my own eyes. I think he is the one, but I did not see him with my own eyes. He shoudl be the one because he cheated me.

Board Member:

What is your relationship with the person who threw the grenade?

Captive 900:

I have no relationship with him and I don't know him.

Board Member:

You have no relationship with this man, but he just happened to give you a grenade?

Captive 900:

That man, I came to Afghanistan to work for him.

  • When captive 900 was asked whether he considered the USA to be a liberator or an invader -- he testified that everyone knew that the Americans would bring peace and stability, and that they would help build up Afghanistan.
  • Captive 900 testified he had completed sixth or seventh grade.
  • Captive 900 confirmed his new employers injected him with mand-altering drugs. He was told the injections were routine for mine clearance workers.

Second annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his second annual Administrative Review Board on 26 October 2006.

The following primary factors favor continued detention:

a.
Commitment
1.

The detainee stated he trained with the Hizb-I Islami Gulbuddin for approximately one and a half days in Khowst, Afghanistan. The detainee trained with grenades.

2.

The Hizb-I Islami Gulbuddin has long-established ties with Usama bin Laden. The Hizb-I Islami Gulbuddin has staged small attacks in its attempt to force United States troops to withdraw from Afghanistan, overthrow the Afghanistan Transitional Administration and to establish a fundamentalist state.

3.

A source stated he saw the detainee in a jihad Madrassas [sic] preparing to fight on the front lines.

4.

The detainee stated he and an associated were ordered to position themselves near a mosques and wait for an American target to pass by. According to the detainee, as an American vehicle passed, the associate ordered the detainee to throw a grenade into the vehicle. The detainee further stated as he threw a grenade which exploded at the front passenger's feet, the associate fled the scene; while the detainee was caught by a local police officer.

5.

The detainee stated he and an associated left a mosque and while on the street, the associate threw two grenades into a car.

6.

The detainee stated although he was at the scene when an associate threw the grenade, he was innocent and not involved.

7.

The detainee stated originally he was not supposed to be the one to throw the grenade; the grenades were passed to him at the last minute.

8.

According to the Afghanistan police who witnessed the attack, there was only one suspect involved.

9.

According to a membe of the Afghanistan National Security Council the detainee stated none of the people who trained him were around and he acted alone in the grenade incident. The detainee also stated he was trained to target Americans and the Afghanistan government. During the Afghanistan police interrogation, the detainee admitted to throwing the grenade at the two United States soldiers. The detainee spoke English and had approximately four grenades in his possession when he was arrested.

b.
Training
1.

The detainee claimed he did not serve in any military army and never received any military or terrorist training.

2.

The detainee claimed while he was in the casves of Afghanistan, he was trained on how to use AK-47's [sic], rocket launchers, machine guns and and grenades.

c.
Intent
1.

The detainee stated an associate asked him if he would be willing to kill anyone, and the detainee said yes.

2.

The detainee stated an associate approached him with an opportunity to make extra money in a job that would involve killing Americans.

3.

When questioned by the police regarding the detainee's greanade attack against United States soldiers, the detainee stated he was proud of what he did and if he were let go he would do it again.

4.

The detainee made a written confession to this attack, signed it and marked it with his fingerprint.

d.
Other Relevant Data

The detainee claiemd to have some knowledge of the attacks in the United States prior to their execution on 11 September 2001 but denied knowledge of any rumors or plans of future attacks on the United States or United States interests.

The following primary factors favor release or transfer:

a.

The detainee stated that he had no prior knowledge of the attacks on 11 September 2001 in the United States and he has no knowledge of future attacks against the United States citizens.

b.

The detainee stated he never with the Taliban.

c.

The detainee was asked how he went from a job clearing mines to involvement in a grenade attack on United States military soldiers, the detainee said he was tricked.

d.

The detainee claims that he could not recall any specifics regarding his involvement during the grenade attack. The detainee claims that he vaguely remembers what actually happened during the grenade attack because he claims he was drugged.

Transcript

There is no record that Mohamed Jawsd chose ot participate in his second annual Administrative Veview Board hearing.

Faces charges before a Guantanamo military commission

On Thursday October 11 2007 a captive named Mohammed Jawad because the eleventh Guantanamo charges before a Guantanamo military commission.

Ten men faced charges before versions of the military commission authorized by United States President George W. Bush. After the Supreme Court of the United States struck down the military commission authorized by the President, and ruled that only United States Congress had the authority to authorize military commissions the Congress passed the Military Commissions Act of 2006. Three of the original ten men had new charges laid before the Congressionally authorized military commissions. Mohammed Jawad is the first captive to face charges before the Congressionally authorized military commissions who hadn't been charged before the earlier Presidentially authorized versions.

References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15 2006
  2. ^ OARDEC (19 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Jawad, Mohammed" (PDF). United States Department of Defense. p. 52. Retrieved 2007-10-13. {{cite web}}: Check date values in: |date= (help)
  3. ^ OARDEC (7 November 2005). "Unclassified Summary of Evidence for Administrative Review Board in the case of Jawad, Mohamed" (PDF). United States Department of Defense. pp. pages 28-30. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  4. list of prisoners (.pdf), US Department of Defense, April 20 2006
  5. OARDEC (July 17 2007). "Index for Combatant Status Review Board unclassified summaries of evidence" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  6. OARDEC (September 4 2007). "Index for testimony" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  7. OARDEC (August 9 2007). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  8. OARDEC (August 9 2007). "Index of Transcripts and Certain Documents from ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  9. OARDEC (July 17 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  10. ^ OARDEC (26 October 2006). "Unclassified Summary of Evidence for Administrative Review Board in the case of Khan, Amir" (PDF). United States Department of Defense. pp. pages 73-75. Retrieved 2007-10-13. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  11. ^ William Glaberson (October 11 2007). "Charges filed against guantánamo detainee". International Herald Tribune. Retrieved 2007-10-12. {{cite news}}: Check date values in: |date= (help)
  12. ^ "US to charge Guantanamo detainee with attempted murder". AFP. October 13 2007. Retrieved 2007-10-13. {{cite news}}: Check date values in: |date= (help) Cite error: The named reference "Afp20071013" was defined multiple times with different content (see the help page).
  13. ^ ("US to charge Guantanamo detainee with attempted murder". The International News. October 13 2007. Retrieved 2007-10-13. {{cite news}}: Check date values in: |date= (help)
  14. Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11 2004 - mirror
  15. Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
  16. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6 2007. Retrieved 2007-09-22. {{cite web}}: Check date values in: |date= (help)
  17. Summary of Evidence (.pdf), from Mohamed Jawad's Combatant Status Review Tribunal October 19 2004 - page 149
  18. Mohammed Shah's place of birth was redacted in the version released in March 2005.
  19. Summarized transcripts (.pdf), from Mohamed Jawad's Combatant Status Review Tribunal - pages 33-38
  20. Spc Timothy Book (Friday March 10 2006). "Review process unprecedented" (PDF). The Wire (JTF-GTMO). p. 1. Retrieved 2007-10-12. {{cite news}}: Check date values in: |date= (help)
  21. Summarized transcript (.pdf), from Mohamed Jawad's Administrative Review Board hearing - page 131
  22. Andy Worthington (October 17 2007). "The Afghani Teen Put to Trial at Guanátanmo: The Case of Mohamed Jawad". Counterpunch magazine. Retrieved 2007-10-25. {{cite news}}: Check date values in: |date= (help)
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