Abdul Ahmad
Encyclopedia
Abdul Ahmad is a citizen of Afghanistan
who is still held in extrajudicial detention
after being transferred from United States
Guantanamo Bay detainment camp
s, in Cuba
— to U.S. supervised imprisonment in Afghanistan
.
Ahmad's Guantanamo Internment Serial Number was 956.
American intelligence analysts estimate that Ahmad was born in 1954, in
Roy E Sang , Afghanistan
He was captured in Afghanistan in March 2003 and transferred to an Afghan prison on September 28, 2007.
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 competent tribunal
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 Tribunal
s. 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
.
was prepared for
Abdul Ahmed's
Combatant Status Review Tribunal,
on 6 October 2004.
The memo listed the following allegations against him:
On March 3, 2006, in response to a court order
from Jed Rakoff the Department of Defense
published a six page summarized transcript from his Combatant Status Review Tribunal.
hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
Ahmad chose to participate in his Administrative Review Board hearing.
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 27 December 2005.
, was told on February 22, 2007, that Ahmad had been released.
On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.
According to that list he was actually repatriated on September 28, 2007.
Pfeuffer was appointed to aid Ahmad in October 2005, shortly before the passage of the Detainee Treatment Act
.
In 2006 Pfeuffer was told that the passage of the Detainee Treatment Act restricted Guantanamo captives from launching new habeas corpus appeals. So Pfeuffer was prohibited from visiting, phoning or writing Ahmad. Pfeuffer did, however, make a visit to Afghanistan to interview witnesses who could corroborate his story and that of his other Afghan client Ahsanallah Pirzai.
Pfeuffer did find Afghans who knew Ahmad who confirmed that Ahmad was a schoolteacher, and that he had no ties to the Taliban.
He told The Columbus Dispatch
that he had no idea whether his clients really had been released, or whether they were in an Afghan prison. He told the Dispatch he had no idea whether his clients had ever learned of the efforts he had made on their behalf.
As of March 18, 2008 the Washington Post list Ahmad as still in detention in Guantanamo.
The Center for Constitutional Rights
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison
near Kabul
.
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
who is still held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
after being transferred from United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detainment camp
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
s, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
— to U.S. supervised imprisonment in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
.
Ahmad's Guantanamo Internment Serial Number was 956.
American intelligence analysts estimate that Ahmad was born in 1954, in
Roy E Sang , Afghanistan
He was captured in Afghanistan in March 2003 and transferred to an Afghan prison on September 28, 2007.
Combatant Status Review Tribunal
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
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 competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status.
Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
instituted the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s. 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
.
Summary of Evidence memo
A Summary of Evidence memoSummary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...
was prepared for
Abdul Ahmed's
Combatant Status Review Tribunal,
on 6 October 2004.
The memo listed the following allegations against him:
Transcript
Ahmad chose to participate in his Combatant Status Review Tribunal.On March 3, 2006, in response to a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
from Jed Rakoff the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
published a six page summarized transcript from his Combatant Status Review Tribunal.
Administrative Review Board hearing
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review BoardAdministrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
Ahmad chose to participate in his Administrative Review Board hearing.
Board recommendations
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 27 December 2005.
Transfer to U.S. supervised imprisonment in Afghanistan
Alan Pfeuffer, a lawyer who volunteered to aid Ahmad with his writ of habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, was told on February 22, 2007, that Ahmad had been released.
On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.
According to that list he was actually repatriated on September 28, 2007.
Pfeuffer was appointed to aid Ahmad in October 2005, shortly before the passage of the Detainee Treatment Act
Detainee Treatment Act
The Detainee Treatment Act of 2005 is an Act of the United States Congress that prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay; requires military interrogations to be performed according to the U.S...
.
In 2006 Pfeuffer was told that the passage of the Detainee Treatment Act restricted Guantanamo captives from launching new habeas corpus appeals. So Pfeuffer was prohibited from visiting, phoning or writing Ahmad. Pfeuffer did, however, make a visit to Afghanistan to interview witnesses who could corroborate his story and that of his other Afghan client Ahsanallah Pirzai.
Pfeuffer did find Afghans who knew Ahmad who confirmed that Ahmad was a schoolteacher, and that he had no ties to the Taliban.
He told The Columbus Dispatch
The Columbus Dispatch
The Columbus Dispatch is a daily newspaper based in Columbus, Ohio. Its first issue was published on July 1, 1871, and has been the only mainstream daily newspaper in the city since The Columbus Citizen-Journal stopped printing in 1985....
that he had no idea whether his clients really had been released, or whether they were in an Afghan prison. He told the Dispatch he had no idea whether his clients had ever learned of the efforts he had made on their behalf.
As of March 18, 2008 the Washington Post list Ahmad as still in detention in Guantanamo.
The Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison
Pul-e-Charkhi prison
Pul-e-Charkhi , also known as Afghan National Detention Facility, is the largest prison in Afghanistan east of Kabul. Construction of the jail began in the 1970s by order of former president Mohammed Daoud Khan and was completed during the 1980s...
near Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
.