Nag Mohammed

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Nag Mohammed
Born: May 4, 1975(1975-05-04)
Khulga, China
Detained at: Guantanamo
Conviction(s): no charge, held in extrajudicial detention

Nag Mohammed (also Najmedeen Mohammed[1][2][3][4][5][6]) is a prisoner held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 102. Joint Task Force Guantanamo counter-terrorism analysts estimate Nag Mohammed was born on May 4, 1975, in Khulga, China.

Wikisource has original text related to this article:

He is one of approximately two dozen Uyghur detainees accused of membership in the Eastern Turkistan Islamic Movement.[7]

Documents released in response to the writ of habeas corpus Hassan Anvar v. George W. Bush contained a December 30 2004 memo which provided one-paragraph biographies of 22 Uyghur captives, and asserted they were all caught at an "ETIM training camp".[2]

The brief biography of Nag Mohammed stated:


Nag Mohammed is a 26-year-old Chinese citizen who is an ethnic Uighur from the Xinjiang province of China. Mohammed was last interviewed in mid 2003. He had disciplinary action on 27 May 2003 for spitting, throwing water and body fluids on a guard. Mohammed has had no discipline during this calendar year. Mohammed has been suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.

Contents

[edit] Combatant Status Review

CSRT notice read to a Guantanamo captive.
CSRT notice read to a Guantanamo captive.

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. Subsequently the Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant".

The trailer where CSRTs were convened.
The trailer where CSRTs were convened.

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". Nag Mohammed was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.[8]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. Nag Mohammed's memo accused him of the following: [9][3]

a. The detainee supported the Taliban against the United States and its coalition partners:
  1. In late September 2000, the detainee traveled from Turkistan, through Kyrgyzstan and Pakistan, to Kabul, Afghanistan for an Eastern Turkestan Islamic Movement (ETIM) meeting.
  2. The detainee was a member of the ETIM.
  3. ETIM is listed on the Secretary of State's Terrorist Exclusion list.
  4. The detainee was closely associated with Hassan Maksum, a.k.a. Mahsum.[10]
  5. Hassan Maksum[10] is the leader of the ETIM.
  6. The detainee was given instruction on an AK-47 at the Kartisi, Afghanistan guesthouse.
  7. The detainee was arrested near Mazar-e-Sharif [sic] , Afghanistan by Northern Alliance troops in November 2001.
  8. The detainee participated in the Mazar-e-Sharif [sic] prison uprising.

[edit] Detainee election form

Wikisource has original text related to this article:

Neg Mohammed's original Personal Representative, a Major in the United States Air Force, met with him twice, on 12 November 2004 and 16 November 2004. He had originally planned to attend his Tribunal. However, during the second meeting, he became visibly shaken when he was presented with a Recorder exhibit that asserted detailed ties between the ETIM and al Qaida and Osama bin Laden. He acknowledged that he was associated with the ETIM, but he adamantly denied knowing it was linked to terrorism.

Neg Mohammed changed his mind about attending his Tribunal.

His Personal Representative, referring to the Recorder's document tying the ETIM to al Qaida, wrote:

"PR is attempting to ascertain the source of said document, which is a paragraph, typed in MS Word."

His Personal Representative thought he was going to speak on behalf of Nag Mohammed. But, when the Tribunal convened on November 22, 2004, he or she had been replaced with a new officer, who had not met with the captive. The notes the original Personal Representative had prepared included:

*Para 3a1 -- 3a3: Detainee asked when the Eastern Turkestan Islamic Movement (ETIM) was identified as a terrorist organization and that he had no knowledge of this fact.
*Para 3a4 -- 3a5: Detainee stated that he was not "closely associated with Hassan Maksum and that he had only saw him ########## on one occasion.
*Para 3a6: Regarding "given instruction on an AK-47," detainee stated that he did not get instruction on an AK-47 and that he only saw an AK-47. He further stated that there is a big difference in being given instruction and only seeing the rifle.
*Para 3a7 -- 3a8:

Yes he was arrested near Mazar-e-Sharif; however detainee stated that he did not participate in the MES prison uprising. In fact, detainee was in an inside room when the chaos erupted on the outside. He asked if the US was claiming that he participated just because he was present at the prison. Detainee denied any participation in the prison uprising.

*General
COMMENTS:

Detainee stated that he had no intentions of fighting against the US government or its allies, nor did he fight against or kill any Americans. He claimed that he did not support the Taliban against the US and its coalition partners (para 3a). He found the allegations disturbing and denied having any knowledge of ETIM being on the Terrorist Exclusiopn list.

[edit] Sessions

Nag Mohammed's Tribunal convened on two occasions, November 22, 2004 and November 23, 2004.[11]

The Unclassified Summary of basis for Tribunal Decision noted:

"...After the Tribunal read all of the classified exhibits, the Tribunal requested additional information and recessed in order to allow the Recorder to gather that information..."

Nag Mohammed's status was confirmed by Tribunal panel 21.[11]

[edit] Nag Mohammed v. George W. Bush

A writ of habeas corpus, Nag Mohammed v. George W. Bush, was submitted on Nag Mohammed's behalf.[11] In response, on 19 September 2005 the Department of Defense released 30 pages of unclassified documents related to his Combatant Status Review Tribunal.

[edit] Administrative Review Board

Hearing room for ARB hearings, after captives had been found to be "enemy combatants" during their CSRT.
Hearing room for ARB hearings, after captives had been found to be "enemy combatants" during their CSRT.[12]

Detainees whose CSRT labelled them "enemy combatants" were then scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the detainee posed a threat if repatriated to their home country.

In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.[13][14] There was no record that an ARB had been convened to review his detention.


[edit] References

  1. ^ a b OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
  2. ^ a b Department of Defense, Information paper: Uighur Detainee Population at JTF-GTMO, December 30, 2004
  3. ^ a b OARDEC (November 5, 2004). Summary of Evidence for Combatant Status Review Tribunal -- Mohammed, Nag (published September 2007) page 18. United States Department of Defense. Retrieved on 2007-12-17.
  4. ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
  5. ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
  6. ^ OARDEC (August 8, 2007). Index for CSRT Records Publicly Files in Guantanamo Detainee Cases. United States Department of Defense. Retrieved on 2007-09-29.
  7. ^ "China's Uighurs trapped at Guantanamo", Asia Times, November 4, 2004. Retrieved on 2008-03-28. 
  8. ^ 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
  9. ^ OARDEC (November 5, 2004). Summary of Evidence for Combatant Status Review Tribunal -- name redacted (published March 2005) page 174. United States Department of Defense. Retrieved on 2007-12-17.
  10. ^ a b The name "Hassan Maksum" was redacted from the version of this memo released in March 2005.
  11. ^ a b c Nag Mohammed v. George W. Bush pages 1-30. United States Department of Defense (19 September 2005). Retrieved on 2007-12-17.
  12. ^ Book, Spc. Timothy. The Wire (JTF-GTMO), "Review process unprecedented", March 10, 2006
  13. ^ OARDEC, Index to Summaries of Detention-Release Factors for ARB Round One, August 9, 2007
  14. ^ OARDEC, Index of Summaries of Detention-Release Factors for ARB Round Two, July 17, 2007