World Library  
Flag as Inappropriate
Email this Article

Abdul Zahir (Guantanamo Bay detainee 753)

Article Id: WHEBN0003789429
Reproduction Date:

Title: Abdul Zahir (Guantanamo Bay detainee 753)  
Author: World Heritage Encyclopedia
Language: English
Subject: 1972 births, Ghassan al-Sharbi, Obaidullah (detainee), Ali al-Bahlul, Ibrahim al Qosi
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Abdul Zahir (Guantanamo Bay detainee 753)

Abdul Zahir
Born 1972 (age 43–44)
Arrested March 2002
Faisalabad
Citizenship Afghanistan
Detained at Guantanamo
ISN 753
Charge(s) War crimes charges against Mr. Zahir have been dismissed but may be refiled
Status Held in extrajudicial detention

Abdul Zahir (عبدالظاهر) is a citizen of Afghanistan currently held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba.[1] He was the tenth captive, and the first Afghan, to face charges before the first, Presidentially authorized Guantanamo military commissions.[2][3][4] After the Supreme Court ruled the President lacked the constitutional authority to set up military commissions, the United States Congress passed the Military Commissions Act of 2006, he was not charged under that system.

Contents

  • Background 1
  • Official status reviews 2
    • Office for the Administrative Review of Detained Enemy Combatants 2.1
    • Joint Review Task Force 2.2
    • Formerly secret Joint Task Force Guantanamo assessment 2.3
  • Charged before a military commission 3
  • References 4
  • External links 5

Background

Abdul Zahir was transferred to Guantanamo on October 28, 2002, and remains there today.[5][6]

Zahir was charged with conspiracy, aiding the enemy and attacking civilians in connection with the grenade attack that wounded Canadian reporter Kathleen Kenna.[7][8] Kenna wrote an op-ed about her feelings about Abdul Zahir's trial on December 27, 2009.[9] She wrote that she and her companions weren't interested in retribution. She wrote that she hopes Abdul Zahir has a truly fair trial. She wrote that she and her companions couldn't identify their attackers. According to historian Andy Worthington, author of The Guantanamo Files, Kenna's op-ed should have shamed the US Government.[7]

After living in a war zone for months in Afghanistan, and closely following the war’s progress since then, we have strong convictions that any prisoner-of-war should be treated with dignity, and afforded all the rights guaranteed by the Geneva Conventions and international human rights laws. It’s what we would demand for any Canadian, American or other citizen — whether combatant or aid worker — captured and held in a country of war. It’s what we want for Zahir and all the Guantánamo detainees.

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[10] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[11][12]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[10][13]

According to the New York Times Guantanamo Docket Zahir had annual status reviews in 2004 and 2007.[6] There is no record that he had an annual reviews in 2005, 2006 or 2008.

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[14]

  • Abdul Zahir was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[14]
  • Abdul Zahir was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[14]
  • Abdul Zahir was listed as one of the captives who was an "al Qaeda operative".[14]
  • Abdul Zahir was listed as one of the captives "who have been charged before military commissions and are alleged Al Qaeda operatives."[14]
  • Abdul Zahir was listed as one of the captives who "deny affiliation with Al Qaeda or the Taliban yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions."[14]
  • Abdul Zahir was listed as one of the captives who admitted "serving Al Qaeda or the Taliban in some non-military capacity."[14]

Joint Review Task Force

When he assumed office in January 2009 President Barack Obama made a number of promises about the future of Guantanamo.[15][16][17] He promised the use of torture would cease at the camp. He promised to institute a new review system. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request.[18] Abdul Zahir was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Although Obama promised that those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board less than a quarter of men have received a review.

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[19][20] Joint Task Force Guantanamo drafted a 12 page assessment on November 19, 2008.[21][22] Zahir's assessment recommended his continued detention under DoD control and was signed by camp commandant David M Thomas Jr..

Charged before a military commission

Zahir was charged with conspiracy, aiding the enemy and attacking civilians in connection with the grenade attack that wounded Canadian reporter Kathleen Kenna.[23][24] Kenna wrote an op-ed about her feelings about Abdul Zahir's trial on December 27, 2009.[9] She wrote that she and her companions weren't interested in retribution. She wrote that she hopes Abdul Zahir has a truly fair trial. She wrote that she and her companions couldn't identify their attackers.

Abdul Zahir was transferred to Guantanamo on October 28, 2002, and remains there today.[5][6]

The first hearing in Zaher's case was held on April 5, 2006.[25][26] Although the rules for Military Commissions required the suspect to be given a copy of the charges against them in a language they could read, Zahir had not been given a translation. Officials could not explain why the hearing had been convened without hiring a Farsi translator, so Zahir could understand what was going on.

According to Jamil Dakwar, the director of the ACLU's Human Rights Program, an observer at Zahir's April 5 hearing, the military commission system "...is a deficient system rife with legal and procedural problems..."[27] Dakwar noted that Zahir's hearing was the first when the Presiding Officer wore a black robe, like a civilian judge. He noted that the charge "conspiracy to commit war crimes" was not a crime recognized under any international law.

Zahir's second hearing was held on May 17, 2006.[28] It was convened because Zahir sole defense attorney, Lieutenant Colonel Thomas Bogar, had filed a motion questioning whether the Presiding Officer Colonel Robert Chester should recuse himself due to inherent bias. Bogar dropped his motion, telling reporters later he was satisfied with the answers he received from Chester and the jury members.[29]

References

  1. ^ "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF).   Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. ^ Priti Patel, Avi Cover (2006-10-30). There are No Rules Here:' A Visitor's Guide to Guantanamo and the Military Commissions"'".  
  3. ^ Jaime Jansen (2006-01-20). "US charges tenth Guantanamo detainee".  
  4. ^ "Alleged Qaeda Member Faces Tribunal".  
  5. ^ a b "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)" (PDF).  
  6. ^ a b c  
  7. ^ a b  
  8. ^ "Tenth Gitmo inmate charged".  
  9. ^ a b  
  10. ^ a b "U.S. military reviews 'enemy combatant' use".  
  11. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  12. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  13. ^ "Q&A: What next for Guantanamo prisoners?".   mirror
  14. ^ a b c d e f g   mirror
  15. ^ Peter Finn (January 22, 2010). "Justice task force recommends about 50 Guantanamo detainees be held indefinitely". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010. 
  16. ^ Peter Finn (May 29, 2010). "Most Guantanamo detainees low-level fighters, task force report says". Washington Post. Archived from the original on 2015-05-19. Retrieved July 21, 2010. 
  17. ^ Andy Worthington (June 11, 2010). "Does Obama Really Know or Care About Who Is at Guantánamo?". Archived from the original on 2010-06-16. Retrieved July 21, 2010. 
  18. ^ "71 Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013".  
  19. ^ Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose".  
  20. ^ "WikiLeaks: The Guantánamo files database".  
  21. ^ "Guantanamo Bay detainee file on Abdul Al Zaher, US9AF-000753DP, passed to the Telegraph by Wikileaks".  
  22. ^   Media related to at Wikimedia Commons
  23. ^ US brings charges against 10th Guantanamo prisoner, Reuters, January 20, 2006
  24. ^  
  25. ^ "Court rules questioned at Gitmo hearing".  
  26. ^ Joshua Pantesco (April 2006). "Guantanamo military judge unsure of what laws govern detainee trial".  
  27. ^ Jamil Dakwar (2012-04-05). Judging" Abdul Zahir""".   mirror
  28. ^ Jamil Dakwar (2006-05-16). "The Mouth That Prohibits Is the Mouth That Permits".  
  29. ^ Jamil Dakwar (2006-05-20). "The Beginning of the End or the End of the Beginning?".  

External links

  • Afghan fantasist to face trial at Guantánamo Andy Worthington
  • Pentagon announces war-crimes charges against a 10th captive at Guantánamo -- an Afghan citizen, Miami Herald, January 20, 2006
  • Testimony by Abdul Zahir as witness for detainee Islam (p. 10)Pentagon Reprocessed Combatant Status Review Tribunal
  • Who Are the Remaining Prisoners in Guantánamo? Part Eight: Captured in Afghanistan (2002-07) Andy Worthington
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.