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Abdul Salam Zaeef
Born 1968 (age 40–41)
Detained at Guantanamo
ISN 306
Charge(s) no charge, held in extrajudicial detention
Status Repatriated

Mullah Abdul Salam Zaeef (born 1968 in Kandahar) was the Afghan ambassador to Pakistan before the US invasion of Afghanistan.

He was detained in Pakistan in the spring of 2002 and became an "unlawful combatant" in the Guantanamo Bay detainment camp, where he was held until 2005.

Contents

[edit] Background

After the Taliban took power in 1996, Zaeef was a minister of transportation until he became the Taliban's envoy to Pakistan. After the September 11 attacks in 2001, Zaeef was seen around the world when he held news conferences for the regime. While he condemned the attacks on the World Trade Center and the Pentagon, he said that Osama bin Laden was not responsible and he would not be given up. He also reportedly consulted with Taliban leader Mullah Omar on ways to avert war.

[edit] Capture and detention

Some time after the U.S. invasion, Zaeef was forced to end his news conferences, seized by Pakistani authorities despite his diplomatic immunity as an Ambassador, and handed over to American operatives. He spent his time in detention on an American warship, bases in Afghanistan, and finally in Guantanamo Bay, Cuba.[1] The Pajhwok Afghan News has reported that Zaeef has been freed from Guantanamo Bay.[2] He was Captive 306, and was inconsistently identified on official Department of Defense documents as Abdul Salam Zaeef (on the first official lists of captives' names published in 2006)[1][3] and as Abdul Salam Deiff (on the official list of captives whose habeas corpus petitions should be dismissed following their transfer from US custody).[4]

Combatant Status Review

Initially the Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the War on Terror, while critics argued the Conventions obligated the United States to conduct competent tribunals to determine the status of prisoners.[5] Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

Detainees do not have the right to a lawyer before the CSRTs or to access the evidence against them. The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”[6]

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 Salam Zaeef was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.[7]

In the landmark case Boumediene v. Bush, the U.S. Supreme Court found that CSRTs are not an adequate substitute for the constitutional right to challenge one's detention in court, in part because they do not have the power to order detainees released.[8] The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."[9]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following:

[10]

a. The detainee is a member of the Taliban:
  1. The detainee admitted joining the Taliban in 1996.
  2. The detainee was appointed to the position of president of the Central Bank of Afghanistan by the leader of the Taliban.
  3. The detainee was then appointed to the position of the Deputy Afghanistan Minister of Mining and Industry by the leader of the Taliban.
  4. The detainee then served for 3 months in the Taliban government as the head of the Transportation Ministry in Kabul, Afghanistan.
  5. The detainee's last position was as the Taliban government's ambassador to Pakistan, where he served for approximately 18 months until his arrest in December 2001.
  6. In the beginning of the Taliban's rise to power, operational commanders of the Taliban and al Qaida forces in the Shomali and Kabul regions of Afghanistan reported to the detainee as the Deputy of Defense for the Taliban.
  7. As the Ambassador ot Pakistan for the Taliban government, the detainee had direct ties to senior Taliban members.

[edit] Letter for Wali Mohammed

Zaeef wrote a letter on behalf of Wali Mohammed, an Afghan businessman whose case he considered when he sat on the Economic Council of Afghanistan.[11] Zaeef didn't meet Mohammed until they were both sent to Afghanistan.

[edit] Habeas corpus

A writ of habeas corpus was submitted on his behalf.[4] It was amalgamated with Mohammon v. Bush.

Unlike other captives who had habeas corpus petitions submitted on their behalf the dossier of unclassified documents produced by his Combatant Status Review Tribunal has not been published.[12]

[edit] Repatriation

Zaeef was released from Guantanamo in the summer of 2005.[13]

An article in the 18 September 2005 Daily Times Zaeef is quoted as saying that his release was "due to the effort of some friends".[14] He did not attribute his release to his Combatant Status Review Tribunal or his 2005 Administrative Review Board hearing. He described the actions of these two bodies as illegal.

[edit] Abuse claims

Zaeef claims he was chained in illegal "stress positions" and subjected to sleep deprivation and extremes of temperature while held in the USA's Bagram Theater Detention Facility.[15]

[edit] Recent work

[edit] Call for a unity government

On 12 April 2007 Zaeef stirred controversy by calling for a unity-government in Afghanistan.[15]

On Friday 6 June 2008 The Guardian published excerpts from an interview with Zaeef. It reported he claimed negotiations with the Taliban was the key to peace. And it reported he argued that the presence of foreign troops eroded the authority of the central government[16]:

"As long as the foreign troops are here, negotiations with the government will be difficult."

[edit] Move to Kabul

An article in Der Spiegel on 12 April 2007, reported that Zaeef had moved into a "...handsome guest house, located in the dusty modern neighborhood Khosh Hal Khan."[15] The Der Spiegel article goes on to state that the new home Karzai's government has provided Zaeef is around the corner from one occupied by former Taliban Foreign Minister Wakil Ahmed Muttawakil. Der Spiegel described Zaeef's home as being guarded, inside and out, by a heavily armed security detail. Der Spiefel described both Zaeef and Muttawakil as regarded as among the more moderate former members of the Taliban.

Zaeff told the Chicago Tribune that Afghan security officials would not allow him to attend the mosque near his Kabul home.[17]

"There is a mosque near my house. The government told me, 'Please don't go to the mosque,' for my security. If I can't go to the mosque, how can I work?"

The Associated Press reports that although the Taliban had shunned new technology Zaeef is a fan of the Apple iphone.[18]

"It's easy and modern and I love it. This is necessary in the world today. People want to progress."

[edit] McClatchy interview

On 15 June 2008 the McClatchy News Service published articles based on interviews with 66 former Guantanamo captives. McClatchy reporters interviewed Abdul Salam Zaeef.[19][20][21][22][23][24][25][26][27][28] The McClatchy reports states that guards told him he was the "King of the prison". The McClatchy reports states that he took a lead role in the Guantanamo hunger strikes. The McClatchy reports states that guards in the Kandahar detention facility made him pointlessly move human excrement back and forth.

[edit] Saudi peace talks

Zaeef acknowledged being invited by Saudi King Abdullah to unofficially meet with other leading Afghan figures, from the Karzai government, the Taliban, Gulbuddin Hekmatyar's Hezb-e-Islami and other former members of the Taliban.[29][30] Zaeef denied this meeting should be characterized as "peace talks". He stated that none of the individuals at this meeting had been authorized to conduct negotiations. Zaeef denied anyone discussed Afghanistan at this meeting. According to The Age other figures who attended the meeting included former Taliban Foreign Minister Wakil Ahmad Mutawakil and former Supreme Court Chief Justice Fazel Hadi Shinwari.

[edit] Publications

Zaeef released a book in the Pashto language, "A Picture of Guantanamo," detailing his claims of mistreatment at Guantanamo.[31]

In October 2008, Abdul Salam Zaeef edited in Paris with the French journalist Jean-Michel Caradec'h, a recent book: "Prisonnier à Guantanamo". EGDV/Documents. 2008.[32]

In January 2010, Abdul Salam Zaeef will publish a new book: "My Life With the Taliban". Hurst Publishers and Columbia University Press. 2010.[33]

[edit] Lawsuit

In October 2008, Zaeef said he would sue Pakistan for his arrest there in 2002.[34]

[edit] References

  1. ^ a b list of prisoners (.pdf), United States Department of Defense, 15 May 2006
  2. ^ Taliban ambassador Zaeef freed from Guantanamo Bay, Pajhwok Afghan News
  3. ^ OARDEC (20 April 2006). "List of detainee who went through complete CSRT process" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf. Retrieved 2007-09-29. 
  4. ^ a b "Exhibit B: List Of Enemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody" (PDF). United States Department of Justice. 17 April 2007. http://www.pegc.us/archive/In_re_Gitmo/gov_mot_to_dismiss_20070419.pdf. Retrieved 2008-05-05. 
  5. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24.  mirror
  6. ^ Elsea, Jennifer K. (July 20, 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. http://www.fas.org/sgp/crs/natsec/RS22173.pdf. Retrieved 2007-11-10. 
  7. ^ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  8. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. "... the procedural protections afforded to the detainees in the CSRT hearings ... fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review." 
  9. ^ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. 
  10. ^ OARDEC (6 October 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Zaeef, Abdul Salam". United States Department of Defense. pp. page 43. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#43. Retrieved 2007-10-12. 
  11. ^ Summarized transcripts (.pdf), from Haji Wali Mohammed's Combatant Status Review Tribunal - page 3
  12. ^ OARDEC (8 August 2007). "Index for CSRT Records Publicly Files in Guantanamo Detainee Cases" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf. Retrieved 2007-09-29. 
  13. ^ Behroz Khan (13 September 2005). "Ex-Taliban envoy released from Guantanamo Bay". http://www.jang.com.pk/thenews/sep2005-daily/13-09-2005/main/main5.htm. Retrieved 2007-07-02. 
  14. ^ No law at Guantanamo Bay prison, says Zaeef, Daily Times, 18 September 2005
  15. ^ a b c Olaf Ihlau (2007-04-12). "Ex-Taliban Official Calls for Unity Government in Afghanistan". Der Spiegel. http://www.spiegel.de/international/world/0,1518,476403,00.html. Retrieved 2007-07-01. 
  16. ^ Nushin Arbabzadah (6 June 2008). "Talking to the Taliban: Afghan politicians increasingly believe negotiations with the ousted Taliban regime are the key to peace". The Guardian. http://www.guardian.co.uk/commentisfree/2008/jun/06/afghanistan.religion. Retrieved 2008-06-01. 
  17. ^ Kim Barker (2009-03-04). "Ex-Guantanamo Bay detainees fighting to fit in and feeling the pull to join the Taliban or Al Qaeda". Chicago Tribune. http://www.chicagotribune.com/news/chi-afghan-gitmo_barkermar04,0,3738086.story. Retrieved 2009-03-04.  mirror
  18. ^ Jason Staziuso (2009-03-03). "Afghan tech boom: Mullah embraces iPhone". Associated Press. http://www.google.com/hostednews/ap/article/ALeqM5hk77Wi_ryE2Dkz4CIb0h1eyzjglQD96MP42O0. Retrieved 2009-03-04.  mirror
  19. ^ Tom Lasseter (15 June 2008). "Guantanamo Inmate Database: Page 2". McClatchy News Service. http://services.mcclatchyinteractive.com/detainees?page=3. Retrieved 2008-06-16.  mirror
  20. ^ Tom Lasseter (18 June 2008). "U.S. hasn't apologized to or compensated ex-detainees". Myrtle Beach Sun. http://www.myrtlebeachonline.com/611/story/491372.html. Retrieved 2008-06-18.  mirror
  21. ^ Tom Lasseter (15 June 2008). "Pentagon declined to answer questions about detainees". McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38771.html. Retrieved 2008-06-20.  mirror
  22. ^ Tom Lasseter (16 June 2008). "Documents undercut Pentagon's denial of routine abuse". McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38776.html. Retrieved 2008-06-20.  mirror
  23. ^ Tom Lasseter (19 June 2008). "Deck stacked against detainees in legal proceedings". McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38887.html. Retrieved 2008-06-20.  mirror
  24. ^ Tom Lasseter (16 June 2008). "U.S. abuse of detainees was routine at Afghanistan bases". McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38775.html. Retrieved 2008-06-20.  mirror
  25. ^ Tom Lasseter (15 June 2008). "Guantanamo Inmate Database: Abdul Salam Zaeef". McClatchy News Service. http://detainees.mcclatchydc.com/detainees/26. Retrieved 2008-06-15.  mirror
  26. ^ Tom Lasseter (14 June 2008). "Former Taliban ambassador, free from Guantanamo, is under close watch". Kansas City Star. http://www.kansascity.com/105/story/664249.html. Retrieved 2008-06-16.  mirror
  27. ^ Tom Lasseter (19 June 2008). "Taliban ambassador wielded power within Guantanamo". McClatchy News Service. http://www.mcclatchydc.com/homepage/story/38888.html. Retrieved 2008-06-20.  mirror
  28. ^ Michael Doyle, Marisa Taylor (20 June 2008). "Guantanamo prisoner opens new era of court challenges". McClatchy News Service. http://www.mcclatchydc.com/251/story/41651.html. Retrieved 2008-06-20.  mirror
  29. ^ "Taliban and Afghan officials break bread". The Age. 2008-10-07. http://news.theage.com.au/world/taliban-and-afghan-officials-break-bread-20081007-4v9j.html. Retrieved 2008-10-06.  mirror
  30. ^ 24 Hours, "Taliban denies peace talks", 7 October 2008
  31. ^ Zeeshan Haider (30 July 2006). "Ex-Taliban Details Guantanamo 'Humiliation'". The Australian. http://www.cageprisoners.com/articles.php?id=15529. Retrieved 2007-07-03. 
  32. ^ Paris,France. ISBN 978-2-84267-945-3
  33. ^ London and New York. ISBN 978-1849040266
  34. ^ "Taleban official to sue Pakistan". BBC News. 2008-10-14. http://news.bbc.co.uk/2/hi/south_asia/7669805.stm. Retrieved 2008-11-16.  mirror

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