Mohabet Khan

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Mohabet Khan is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] Khan's Guantanamo detainee ID number is 909. American intelligence analysts estimates Khan was born in 1972.

[edit] Identity

Khan disputed the description in his Tribunal documents that he was a Pakistani. He was born and raised in Afghanistan, and had merely worked briefly in Pakistan.

Khan's own estimate of his age is at variance with that of the American intelligence analysts. He told his Tribunal he was eighteen -- either eighteen when he was captured, or eighteen at the time of his Tribunal. Which would have put his year of birth around 1983 -- or 1986 -- not 1972

[edit] 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.^[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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 a 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.

Khan chose to participate in his Combatant Status Review Tribunal.^[5]

[edit] Allegations

The allegations Khan faced during his Tribunal were:

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --

1. -- missing from the transcript --
2. -- missing from the transcript --
3. The Mousauwal (Samoud's) Compound was run by the Detainee's uncle.
4. -- missing from the transcript --
5. Everyone at Samoud's compound carried an AK-47.
6. The Detainee was instructed by the commander to fight the US forces when they came to the headquarters.
7. On 11 December 2002, the Detainee and other men were instructed by the commander to lock the compound, move to the roof, and fight the American forces to the death.
8. On the morning of 11 December 2002, the commander directed the men in the camp to shoot the U.S. forces before they enter the compound.
9. Men from the Mousauwal Compound fired rockets at the Gardez Fire Base from firing positions on Laywan Mountain.
10. Men from the Mousauwal Compound attempted to fire rockets at the Gardez Fire Base from the old Soviet airfield north of Gardez, but the Americans discovered the site before the rockets could be fired.
11. The Detainee was arrested by U.S. forces, during a raid of Samoud's compound in Afghanistan.
12. At the time of his arrest, the Detainee had in his possession a Kalashnikov rifle with three magazines.

[edit] Opening Statement

Khan told his Tribunal that he was forcibly conscripted. He didn't go willingly, and join a rebel militia. He resisted, and they broke his arm.

Khan said that he and his fellow captives were happy when the compound where they were being held by the rebel militia was captured by the Americans. He said he like America, and thought he would be released.

Khan said that a cousin initially convinced him to sign on with Samoud Khan's forces. But he only spent two days with the Samoud's forces before he decided his cousin had deceived him. Samoud forces were bandits. So he left. However, a couple of weeks later some of Samoud's forces came to his home, beat him up, and hauled him back to Samound's. Compound, however, it was not much longer that the American's conquered Samoud's compound. Khan said the allegations against him were all wrongL

• He said no-one fired on Firebase Gardez.
• He said he was not a Pakistani. He was born and raised in Afghanistan.
• He said he was not captured in Pakistan. He was captured in the Samoud Khan compound in Afghanistan.

[edit] Response to the allegations

• Khan denied his uncle was at the Samoud Compound.
• Khan confirmed that everyone there was armed.
• Khan denied he was ordered to fight the US forces.
• Khan denied that Samoud's forces tried to fire rockets at the Americans.
• Khan said he never saw any rockets in the possession of Samoud Khan or his men, let alone seeing them fired at the Americans.
• Khan disputed the description of the arrival of the US forces as a "raid", because they were welcomed when they arrived, and the doors were flung open to let them in.
• Khan confirmed that he had an AK-47, and three magazines -- but said the three magazines were empty.

[edit] Response to the Tribunal officer's questions

• Khan confirmed that he had lived for a time in Pakistan -- for six months. He had gone there to look for work. He had a found a job, working with refugees, digging wells.
• The director of the Refugee camp, his employer, was a man named Matbanusa. He earned 3500 rupees a month.
• In response to a question about the allegation that he had stayed at a "brigade center" in Charkala, Khan said he had never been to Charkala.
• In Afghanistan he drove a tractor for his uncle, who paid him 2500 rupees per month.
• The cousin who convinced him to join Samoud Khan's forces told him Samoud would pay him 5000 rupees per month.
• Khan said he was made to work hard, in Samoud's compound, and swore he wasn't paid "one penny"..
• Khan said he wasn't asked to join Samoud's men in their robbery. He merely became aware they were engaged in banditry, which made him uncomfortable. He also became aware that they were smoking hashish. One of the three boys who were housed in Camp Iguana said that the men in Samoud's forces used to use him as a sex slave.
• Khan said there were eight other men in the compound.
• Khan said he didn't hear any of Samoud's men say anything that suggested they were opposed to the Americans.
• Khan repeated that his uncle had nothing to do with Samoud's forces.
• Khan said the compound had six rifles for the eight men.
• Khan said three of the five other men from Samoud's compound remained at Guantanamo. Five of them had been released.
• When asked what he would do if he were released, Khan replied: "I would go to my own village in Afghanistan, I will work hard, and I will help the Americans, because we like the Americans."
• In addition to the eight men he was captured with Khan said he recognized two other Guantanamo detainees who were from the village of Albacar.
• Khan said he didn't see any fighting in Afghanistan.
• Khan confirmed he had never worked with either the Taliban or al Qaeda.
• When Khan was asked if he had been aware of al Qaeda he replied: "I knew that the Arabs were with Al Qaeda until ^[sic] the Americans came; if not ^[sic] , they would take away all our dignities. ^[sic] "
• Khan said he was living in Afghanistan on September 11, 2001. He was then only 18 years old.
• The day of his capture was the first time he ever saw an American.
• Khan said he had been imprisoned for three months, and brutally beaten, by the Taliban, because he had participated in a party to celebrate the birth of a nephew. And he had joined in dancing and music making to celebrate -- music and dancing were activities the Taliban forbid.
• Khan said all the local young men were punished by the Taliban for grooming their hair.
• Khan told his Tribunal he was currently 18, at the time of his Tribunal.

[edit] Testimony requested

Shardar Khan requested the testimony of two other Guantanamo captives who were captured with him, in Samoud' compound.^[6] Shardar Khan was told the other man's testimony was available, but they were unable to find Mohabat Khan in Guantanamo.

Further information: Guantanamo witnesses

[edit] References