Abdul Hafiz (Guantanamo detainee 1030)
Abdul Hafiz is the name the United States uses to identify an Afghan held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Hafiz's Guantanamo detainee number is 1030. American intelligence analysts estimate Hafiz was born in 1961.
According to the Associated Press the allegations against Hafiz, in his Combatant Status Review Tribunal, said he worked for a Taliban militia. They state that when he was captured he had in his possession a satellite phone that was "linked to a slaying".
The detainee claimed that he wasn't Abdul Hafiz at all, that his name was really Abdul Qawi. He said he was given the satellite phone by the real Abdul Hafiz, and didn't even know how to use it.
According to the Associated Press he complained about not being able to view the evidence against him, and told his Tribunal: ''"In our culture, if someone is accused of something, they are shown the evidence."
Combatant Status Review Tribunal
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 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.
Summary of Evidence memo
A Summary of Evidence memo was prepared for Abdul Hafiz's Combatant Status Review Tribunal, on 04 October 2005. A copy with some marginal notations, and his name redacted, was released in March 2005. This memo was one of 169 released in 2005, that although redacted, had the captives ISN transcribed on them. Another copy without the marginal notation was released in September 2007. The memo listed the following allegations against him: '* The detainee is a member of the Taliban and al Qaida.
The detainee was affiliated with the death of two individuals in Kabul, Afghanistan, and worked for the Taliban 40-Man Militia group [sic!] under a known Taliban commander.
When captured, the detainee was in possession of a personnel [sic!] phonebook and a satellite telephone.
The detainee’s fingerprints were found on the phone.
The detainee attempted to call an Al Qaida member who is linked to the murder of an International Committee of the Red Cross worker.
The Al Qaida member is identified as a Taliban and Al Qaida commander.
The detainee’s satellite phone has been linked to the International Committee of the Red Cross murder.
The detainee admitted he knew that the phone in his possession contained telephone numbers of individuals who were enemies of the U.S.
When the detainee was queried regarding his knowledge of the International Committee of the Red Cross murder, he stated he did not know where “he” was killed. Detainee was then advised that he was not provided information regarding the International Committee of the Red Cross’ [sic!] gender.
Transcript
The individual the Guantanamo camp authorities identify as Abdul Hafiz chose to participate in his Combatant Status Review Tribunal.
Identity
At the beginning of his Tribunal his Personal Representative told the Tribunal he preferred to be addressed as Abdul Qawi, not Abdul Hafiz.
When asked if he had questions about the Tribunal process Qawi asked how he could refute classified allegation and classified evidence, to which he wasn’t given access. He explained that, in his culture, if someone was accused of something, they were allowed to see the evidence. Qawi was told that it did not lie within the Tribunal’s power to change the rules, and he would not be allowed to see any classified material “for reasons of national security”.
During the course of his Tribunal testimony Qawi explained that his real name was not Abdul Hafiz, it was Abdul Qawi, that he worked for a guy named Abdul Hafiz, who had asked him to hold his cell phone—a cell phone he didn't know how to use.
Testimony
Qawi said that he was hired by a man named Abdullah, who told him he would be working to bring peace. Abdullah assigned him to help another man named Abdul Hafiz.
Qawi said that he worked for Abdullah and Abdul Hafiz for less than a day before he was captured. He admitted that prior to being asked to work for Abdullah he had relied on charity, because he was disabled. Qawi had lost a leg at some point. In addition he described debilitating memory problems.
Qawi said he and Abdul Hafiz were traveling and would have crossed a checkpoint. He told his Tribunal that Abdul Hafiz told him he didn’t have the correct paperwork for the phone, so he asked Qawi to carry it, because, as a disabled person, he was unlikely to be searched. Qawi was to travel by car. Hafiz was driving his motorcycle. Hafiz fell behind because his motorcycle developed technical problems.
Qawi said he was illiterate, and didn’t know how to use a phone.
Qawi denied any ties to the Taliban, and had not heard of Al Qaeda until he was sent to Guantanamo.
Qawi suggested the allegation that he knew whose phone numbers were on the phone was due to a mistranslation during his interrogations.
Qawi said he had not heard of the death of the Red Cross worker, and asked if the killing had occurred near his village. He didn’t think he would have heard about it, unless it occurred near his village. The Tribunal President said she could not tell him anything about the killing because they hadn’t been shown the classified evidence yet.
Administrative Review Board hearings
Qawi's Board convened on March 1 2005.
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board 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.
First annual Administrative Review Board
A Summary of Evidence memo was prepared for Abdul Hafiz's first annual Administrative Review Board, on 22 February 2005. The memo listed factors for and against his continued detention.
The following primary factors favor release or transfer
The detainee denied knowing about al Qaida, working for the Taliban, and any association with the murder of the ICRC [sic!].
The detainee stated he did not use or know how ot use the satellite telephone.
The detainee denied all knowledge regarding the murder of the Red Cross worker. He advised that if the U.S. Government had proof that he was involved in the murder, then he should be shown that proof. The detainee said that he should otherwise be sent back to Afghanistan.
Transcript
The man the Guantanamo camp authorities identify as Abdul Hafiz chose to participate in his Administrative Review Board hearing.
identity
Qawi asked his Board to address him as Abdul Qawi, not Abdul Hafiz.
Opening statement
Qawi’s Assisting Military Officer read from a statement Qawi had dictated:
Letters
Qawi read from various letters from his family members. He pointed out to his Board that they were all addressed to him as Abdul Qawi. One passage he read out, that was included in the transcript, was an assurance, from his brother: “My respectful brother, you didn’t have any relationship with any political people.”
Testimony
In answer to questions from his Board’s officers: Qawi said he didn’t know where the real Abdul Hafiz could be found.
Qawi said he didn’t know what, if any organization Abdul Hafiz may have belonged to. He said that Hafiz would stop in small villages, and address the villagers, “Telling the people not to create atrocity and criminal activities against the government.” Qawi’s role, was to serve as a demonstration, with his missing leg, of what violence could lead to.
When Qawi was asked if he had any other names, beside Abdul Qawi, he seemed to misunderstand: “God willing by now, I might even have twenty. Every single room I enter, I get a new name... I was called this and in a different room I was called this... by now, I was called by different numbers." -- The linguist and Board eventually decided that Qawi was trying to quote all the different ID numbers he had been known by during his American custody.
Qawi said Hafiz had asked him to carry the phonebook the same day he was captured.
One of Qawi’s letters he submitted as evidence was accidentally shredded when they were trying to make photocopies.
Second annual Administrative Review Board
A Summary of Evidence memo was prepared for Abdul Hafiz's second annual Administrative Review Board, on 5 July 2006. The memo listed factors for and against his continued detention. 5 July 2006
The following primary factors favor continued detention
'''a. Commitment
The detainee was affiliated with the death of two individuals in Kabul, Afghanistan and worked for the Taliban 40-man militia group under a known Taliban commander.
On 22 April 2003, the detainee, a suspect in the murder of an International Committee of the Red Cross worker in Afghanistan, was seized along with his personal [sic!] phonebook and a Thuraya Satellite phone. All but one phone number listed in the memory of the phone is listed in the personal phonebook found on the detainee.
The detainee's satellite phone has been linked to the International Committee of the Red Cross murder.
'''b. Connections/Associations
The detainee was identified as having been present at the Taliban military headquarters in Kandahar, Afghanistan.
The detainee participated in a paramilitary band related to Taliban [sic!] Hezb-e-Islami Gulbuddin [sic!].
Hezb-e-Islami Gulbuddin has long established ties with Usama bin Laden and is listed in the Department of Homeland Security's Terrorist Organization Reference Guide.
'''c. Intent
The detainee admitted he knew that the phone in his possession contained telephone numbers of individuals who were enemies of the United States.
'''d. Other Relevant Data
When the detainee was queried regarding his knowledge of the International Committee of the Red Cross worker's muder he stated he did not know where "he" was killed. The detainee was then advised that he was not provided information regarding the International Committee of the Red Cross worker's gender.
The detainee said that his mental instability and memory gaps may have made his previous statements inconsistent.
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