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Abdul Ghani is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internment Serial Number was 943. American intelligence analysts estimates that he was born in 1983 in Kandahar, Afghanistan. Abdul Ghani was captured in Afghanistan and transferred to Afghanistan on Aug. 7, 2007.[2]
[edit] IdentityGuantanamo held another detainee named Abdul Ghani.[1] His Guantanamo detainee ID number is 934. American intelligence analysts estimated he was born in 1972. This other Abdul Ghani testified he too was from Kandahar. [edit] Combatant Status Review The George W. Bush administration asserted that the protections of the Geneva Conventions could be withheld from captives in the "War on Terror."[3] Critics argued the Conventions obliged the United States to conduct competent tribunals to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant." [6][7] The CSRTs are not bound by the rules of evidence that would apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.”[4] From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Abdul Ghani (Guantanamo captive 943) was among the two-thirds of prisoners who chose to participate in tribunal hearings.[5] A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detention. His memo accused him of the following:
[edit] TestimonyAbdul Ghani testified that he was not a Taliban fighter and he had never stated he was a Taliban fighter. He said he had been studying at a religious school in Pakistan for the last five years, coming home every three months or so to visit his family. Abdul Ghani denied recruiting jihadists at gun point. Abdul Ghani said that he had come home to visit his family, and his brother was missing. His father told him that he had been taken to join the Taliban, and told him to go find him and bring him back. He went to look in the place his father told him to look in the morning. He found the area by noon, where he was stopped by a guard. He told the guard he had come to retrieve his brother, and the guard went away and returned about an hour later with his brother. Abdul Ghani's brother had a motorcycle, and seemed to be free to go. Abdul hopped on board, and they proceeded to drive home. On the way they encountered an American convoy, pulling over, and being shot at:
Abdul Ghani denied that they were trying to evade the Americans. Abdul Ghani denied seeing his brother try to throw a grenade. Abdul Ghani denied that either he or his brother were armed when they encountered the American convoy. Abdul Ghani denied that either he or his brother had given the Americans any cause to open fire. Abdul Ghani denied any knowledge of a complex of bunkers. He said all he did was take the Americans to where he found his brother. Abdul Ghani said he had no idea who would have accused him of recruiting for the Taliban, or being a commander's executive assistant. Abdul Ghani said all the other detainees were strangers to him. Often, when a detainee describes the death of a relative, the Tribunal's President will offer sympathy. But none of the Tribunal's officers offered Abdul Ghani any sympathy for the death of his brother. [edit] Administrative Review BoardCaptives whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.[8] [edit] First annual Administrative Review BoardA Summary of Evidence memo was prepared for his first annual Administrative Review Board on October 25, 2005.[9] [edit] TranscriptGhani chose to participate in his Administrative Review Board hearing.[10] [edit] The following primary factors favor continued detention[edit] References
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