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Abdul Razak (Guantanamo detainee 1043)
Encyclopedia
Maulavi Abdul Razak is a citizen of Afghanistan
, who held the post of Minister of Commerce in the Taliban government. He was captured by government forces in April 2003, and 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
. He was transferred on August 7, 2007.
His Guantanamo Internment Serial Number was 1043. Joint Task Force Guantanamo
counter-terrorism
analysts estimate that he was born in 1958, in Kandahar
, Afghanistan.
Abdul Razak acknowledged that he has been conscripted into the Afghan civil service
during the Taliban's government, and was promoted to serve as the Taliban's Minister of Commerce in 1999.
But he denied being a member of the Taliban and claimed he took advantage of an amnesty offer after the Taliban fell, and had no association with the Taliban, and no involvement in politics, after their fall.
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 US could not evade its obligation to conduct competent tribunal
s 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 Razak's Combatant Status Review Tribunal, on 26 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 seven page summarized transcripts from his Combatant Status Review Tribunal.
was prepared for
Abdul Razak's first annual
Administrative Review Board,
on
24 October 2005.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
In the Spring of 2006, in response to a court order
from Jed Rakoff the Department of Defense
published a nineteen page summarized transcript from his Administrative Review Board.
was prepared for
Abdul Razak's second annual
Administrative Review Board,
on
23 July 2006.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
In September 2007 the Department of Defense
published an eleven page summarized transcript from his secondAdministrative Review Board.
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 19 December 2006.
According to that list he was repatriated on August 7, 2007, along with four other Afghans.
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 held the post of Minister of Commerce in the Taliban government. He was captured by government forces in April 2003, and 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...
. He was transferred on August 7, 2007.
His Guantanamo Internment Serial Number was 1043. Joint Task Force Guantanamo
Joint Task Force Guantanamo
Joint Task Force Guantanamo is a U.S. military joint task force based at Guantanamo Bay Naval Base, Guantánamo Bay, Cuba on the southeastern end of the island. JTF-GTMO falls under US Southern Command...
counter-terrorism
Counter-terrorism
Counter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
analysts estimate that he was born in 1958, in Kandahar
Kandahar
Kandahar is the second largest city in Afghanistan, with a population of about 512,200 as of 2011. It is the capital of Kandahar Province, located in the south of the country at about 1,005 m above sea level...
, Afghanistan.
Abdul Razak acknowledged that he has been conscripted into the Afghan civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
during the Taliban's government, and was promoted to serve as the Taliban's Minister of Commerce in 1999.
But he denied being a member of the Taliban and claimed he took advantage of an amnesty offer after the Taliban fell, and had no association with the Taliban, and no involvement in politics, after their fall.
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 US 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:...
s 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 Razak's Combatant Status Review Tribunal, on 26 October 2004.
The memo listed the following allegations against him:
Testimony
Razak 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 seven page summarized transcripts from his Combatant Status Review Tribunal.
First annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for
Abdul Razak's first annual
Administrative Review Board,
on
24 October 2005.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
Transcript
Razak chose to participate in his Administrative Review Board hearing.In the Spring of 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 nineteen page summarized transcript from his Administrative Review Board.
Second annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for
Abdul Razak's second annual
Administrative Review Board,
on
23 July 2006.
The memo listed factors for and against his continued detention.
The following primary factors favor continued detention
The following primary factors favor release or transfer
Transcript
Abdul Razak participated in his second Review Board hearing.In September 2007 the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
published an eleven page summarized transcript from his secondAdministrative Review Board.
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 19 December 2006.
Repatriation
On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.According to that list he was repatriated on August 7, 2007, along with four other Afghans.
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...
.