Abib Sarajuddin is a citizen of
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, who was held in
extrajudicial detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Guantanamo Bay detention camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
[
]
His Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts.
History
On March 3, 2006, in compliance with a court order from D ...
was 458.
Guantanamo
intelligence analysts estimate that he was born in 1942.
Summary
Sarajuddin, his brother
Khan Zaman, his son
Gul Zaman
According to the United States US Department of Defense, Department of Defense, it held more than two hundred Afghan detainees in Guantanamo prior to May 15, 2006.
They had been captured and classified as enemy combatants in warfare following th ...
, and his neighbor
Mohammad Gul, were all captured on the night of January 21, 2002, early during the administration of
Hamid Karzai
Hamid Karzai (; Pashto/ fa, حامد کرزی, , ; born 24 December 1957) is an Afghan statesman who served as the fourth president of Afghanistan from July 2002 to September 2014, including as the first elected president of the Islamic Repub ...
.
[
] Gul Zaman, and Mohammad Gul were released. Abib Sarajuddin and Khan Zaman Tribunals confirmed the original determination that they had been correctly classified as "
enemy combatants".
''The New York Times'' article
''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' published an article about the search for
Jalaluddin Haqqani, and how it led to the aerial bombardment of Sarajuddin's home.
[ ''The New York Times'' article was presented as an exhibit to Sarajuddin's Combatant Status Review Tribunal.
''The New York Times'' article said that Sarajuddin hosted Jalaluddin Haqqani overnight out of traditional hospitality; that other villagers had reported Haqqani's stay; and that American forces had bombarded Sarajuddin's household from the air, on November 16, 2002, killing everyone except Sarajuddin and Haqqani. According to ''The New York Times'', Sarajuddin, and the other three were arrested on January 21, 2002. ''The New York Times'' quoted various American officers who predicted that Sarajuddin would soon be released.
]
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
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
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of wa ...
status.
Subsequently, the Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
instituted the Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) 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 esta ...
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.
Summary of Evidence memo
A Summary of Evidence memo was prepared for
Abib Sarajuddin's
Combatant Status Review Tribunal, on 22 November 2004.[
]
The memo listed the following allegations against him:
Transcript
Sarajuddin chose to participate in his Combatant Status Review Tribunal.
On March 3, 2006, in response to a court order
A court order is an official proclamation by a judge (or panel of judges) 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 o ...
from Jed Rakoff
Jed Saul Rakoff (born August 1, 1943) is a Senior United States district judge of the United States District Court for the Southern District of New York.
Education
Rakoff was born in Philadelphia, Pennsylvania on August 1, 1943. He grew up in ...
the Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
published a summarized transcript from his Combatant Status Review Tribunal.[
]
Surajadin Abib v. George W. Bush
A writ of habeas corpus, Surajadin Abib v. George W. Bush, was submitted on his behalf.
In response
the Department of Defense published 47
pages of unclassified documents related to his Combatant Status Review Tribunal.
On December 3, 2004 Tribunal panel 27 confirmed his " enemy combatant status".
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 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.
Summary of Evidence memo
A Summary of Evidence memo was prepared for
Abib Sarajuddin's
Administrative Review Board,
on
26 September 2005.[
]
The memo listed factors for and against his continued detention.
''The following factors favor continued detention''
''The following primary factors favor release or transfer''
Transcript
Sarajuddin chose to participate in his Administrative Review Board hearing.
In the Spring of 2006, in response to a court order
A court order is an official proclamation by a judge (or panel of judges) 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 o ...
from Jed Rakoff
Jed Saul Rakoff (born August 1, 1943) is a Senior United States district judge of the United States District Court for the Southern District of New York.
Education
Rakoff was born in Philadelphia, Pennsylvania on August 1, 1943. He grew up in ...
the Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
published a Summarized transcript from his Administrative Review Board.
Board recommendations
In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon R. England
Gordon Richard England (born September 15, 1937) is an American politician and businessman who was the U.S. Deputy Secretary of Defense and twice served as the U.S. Secretary of the Navy in the administration of U.S. President George W. Bush.
...
, the Designated Civilian Official
The Designated Senior Official (DSO), also referred to as the Senior Designated Official (SDO) or Designated Civilian Official (DCO), is an additional duty or responsibility assigned to officials within governments. The designation, often mandated ...
.[
]
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized transfer on 10 December 2005.
McClatchy interview
On June 15, 2008, the McClatchy News Service
The McClatchy Company, commonly referred to as simply McClatchy, is an American publishing company incorporated under Delaware's General Corporation Law and based in Sacramento, California. It operates 29 daily newspapers in fourteen states and ...
published articles based on interviews with 66 former Guantanamo captives. McClatchy reporters interviewed Sarajuddin.[
][
][
][
][
][
][
]
The McClatchy report repeats Sarajuddin's denial that he had any ties with Jalladudin Haqqani. But, according to the McClatchy report, ''The New York Times'' reported the airstrike that destroyed his home, and killed his relatives, occurred when Jalladudin Haqqani was present. According to the McClatchy report neighbors and local officials stated that Sarajuddin did have ties to Haqqani.
Sarajuddin told reporters he suffered ongoing mental problems caused by his experiences in US custody.[
]
References
External links
*
{{DEFAULTSORT:Sarajuddin, Abib
1942 births
Living people
Guantanamo detainees known to have been released
Afghan extrajudicial prisoners of the United States
Year of birth uncertain