User:Geo Swan/Guantanamo/transcripts/968

ISN 968

CSRT

Transcript

Bismullah 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 a seven page summarized transcript from his Combatant Status Review Tribunal.

Witness request

Bismallah requested the testimony of his brother. The President of his Tribunal ruled that his brother’s testimony would be relevant. But the request from the Department of Defense to the Department of State to request the Afghanistan embassy to request the Afghan civil service to help locate Bismallah’s brother didn’t produce any replies. So his Tribunal’s President ruled his brother’s testimony “not reasonably available”.

Response to the allegations

• Bismullah's response to the allegation that he and his wife were member of the Taliban was that they were against the Taliban, and had run away from them, since they assumed power.
• Bismullah's response to the allegation that he acted on behalf of leaders of Fidayan Islam was that he had never heard of this group before his Tribunal was convened.
• Bismullah's response to the allegation that Fidayan Islam was a terrorist organization was that he didn't have any involvement with this group, so he couldn't say what they did. He worked for Hamid Karzai's government.
• Bismullah denied the allegation that he had been directed to kill Afghans who cooperated with the Americans. He asked the Tribunal who was alleged to have directed him to do this. He repeated that he was a loyal member of Hamid Karzai's government.
• Bismullah disputed the description that he was captured by American forces. They hadn't come after him. Rather, he had voluntarily gone to talk to them, only to find himself sent to Guantanamo.
• Bismullah disputed that he ever supplied any information to forces opposed to the Hamid Karzai government or opposed to the Americans.

Opening statement

Bismullah said that when the Taliban came to power he took his family to Pakistan, where they lived as refugees. He did not return to Afghanistan until their fall from power.

The new governor of Helmand Province offered him a job, as his manager of transportation. The Governor introduced him to an American contact, and told the American that Bismullah was the official he should consult over transportation issues. They exchanged telephone numbers

Bismullah said not long after his appointment he had a car accident, and came down with a fever. While he was ill he learned that Americans had apprehended a friend of his, and wanted Bismullah to come and speak with them. He went, even though he was ill, because he had some American contacts.

Bismullah told the Americans that they man they had apprehended was the Governor's brother. The Americans said they knew, and they should all get in their car, and sort things out.

When he arrived at the American base, he was surprised when they bound his hands. He pointed that he worked for Hamid Karzai's government, had American contacts, and had come, at their request, to sort out the release of the Governor's brother, the District Officer for Masa Kala.

The Americans released the Governor's brother, but they kept him, sent him to Bagram, and then to Guantanamo.

Bismullah repeated that none of the allegations he faced had anything to do with him

Response to Tribunal officer's questions

• Bismullah told a Tribunal member that he and his family moved back to Afghanistan shortly after the Taliban fell from power.
• Bismullah said he was detained about eleven months after his return.
• Bismullah told his Tribunal he had never had any military training. He had been a shopkeeper prior to the Taliban's time in power.
• Bismullah testified he had never owned any personal weapons. But, when he took the government job he was issued two AK-47s, a telephone, and a vehicle.
• Bismullah testified that he knew documentation that would confirm his story was in Guantanamo, because his interrogators had shown him the documents, and asked him about them, during his interrogations.
• Bismullah denied ever being a member of, or affiliated with, any political groups.
• Bismullah confirmed that he had no background in transportation prior to his appointment. His brother was close to the Sher Mohammed, the Governor. He confirmed that his appointment was mainly due to his brother's ties to the Governor. His brother was currently the Governor's driver.
• Bismullah was at a loss when asked to speculate over who might have falsely denounced him.
• Bismullah said he had known Sher Mohammed, the Governor most of his life, as long as he could remember.
• Bismullah said his duties, as the Provincial Minister of Transportation, mainly concerned overseeing the issuing of licences and the collection of licensing fees. The rifles were issued because his duties involved the transportation of large amounts of money.

2005 ARB

Transcript

Bismullah chose to participate in his Administrative Review Board hearing. Bismullah’s Board convened on November 3, 2005.

Documentary evidence

Bismallah requested permission to submit 23 documents to his Board on November 1, 2005.

2006 ARB

Transcript

Bismullah chose to participate in his Administrative Review Board hearing. Bismullah’s Board convened on November 3, 2005.

Enemy Combatant election form

His Assisting Military Officer (ARB) read from the Enemy Combatant election form prepared when Bismullah had a pre-hearing interview. The meeting with Bismullah was on October 16, 2006. He told his officer he wanted to submit an 11 page document to his Board. His officer noted that he was wearing a white uniform. His officer descirbed Bismullah as "very cooperative, attentive and polite throughout the interview."

Responses to the factors

Bismullah denied any connection to the Taliban or the "forty man unit". He testified that he and his family had lived out the Taliban regime in exile in Pakistan, and that they had only returned after the Taliban's ouster. He pointed out that for the assertion that he had worked for the Taliban for six years to be true he would have had to start working for them when he was just sixteen [sic] years old.

Bismullah confirmed that he was in possession of a satellite phone. But he testified that it had been made available for him to use by the Hamid Karzai government because he was an employee of the Hamid Karzai government. He had been appointed the Director of Transportation for the Gereshk District.

Bismullah offered an account of his capture. The Governor had introduced him to the senior Americans in his region. He had exchanged business cards with the senior Americans. So when a local commander was apprehended by the Americans in what he suspected was a mistake, he made himself available to try to sort out the confusion, thinking that since the Governor had introduced him to the senior American he would be trusted. Instead he found himself taken into custody as well.

Affidavit from Haji Mohammed Wali

Attached to his transcript was a covering letter and an affidavit from his brother Haji Mohammed Wali.