2011.10.31 Shamsi Declaration FINAL...0054 CHARGE SHEET I. PERSONAL DATA 1. NAME OF ACCUSED: IBRAHIM...

Exhibit AA

Case 1:09-cv-08071-BSJ-FM Document 89-27 Filed 12/02/11 Page 1 of 13

0054

CHARGE SHEET I. PERSONAL DATA

1. NAME OF ACCUSED:

IBRAHIM AHMED MAHMOUD AL OOSI

2. ALIASES OF ACCUSED:

Mohammed Saleh Ahmed, Mohammed Salih Ahmed, Mohammed Ali Ahmed, Mohammed Ahmed, Abu Khobaib al Sudani, Abu Khobab al Sudani, Abu Khobaib, Abu Khobab, Abu Khobeib, Khobaib, Khubaib, Khobeib, Khubayb, Khubeib, Khabeeb, Khabib al Sudani, Khubayb al Sudani, Ibrahim Ahmed Mahmoud, Ibrahim al Kossi a 3. ISN NUMBER OF ACCUSED (LAST FOUR):

II. CHARGES AND SPECIFICATIONS

4. CHARGE: VIOLATION OF SECTION AND TITLE OF CRIME IN PART IV OF M.M.C.

SPECIFICATION:

See Attached Charges and Specifications.

~ -

III. SWEARING OF CHARGES

5b.GRADE 5c. ORGANIZATION OF ACCUSER Sa. NAME OF ACCUSER (LAST, FIRST, MI)

TREANOR,J. 0-6 OMC-PROSECUTION

5e. DATE (YYYYMMDD) 5d. SIGNATURE OF ACCUSER

O ___;£A .2.{)08 /02-/0" AFFIDAVIT: Befor~me, the undersigned, authorized by law to administer oath in cases of this character. person~IIY appeared the above named accuser the ~ day of ~(,v" 4oy., 2008, and signed the foregoing charges and specifications under oath that helshe is a person subject to the Uniform Code of Military JtlStice and that helshe has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of hisfher knowledge and belief.

OMC-PROSECUTIONS.MAHER Typed Name of Officer Organization of Officer

10 U.S.C. 1044(b) 0-5 Official Capacity to Administer Oath

(See R.M.C. 307(b) must be commissioned officer) Grade

~-:.... MC FORM 458 JAN 2007


IV. NOTICE TO THE ACCUSED

6. On 8: :F~v~ , 2008 Ilhe accused was notified of the charges against him/her (See R.M.C. 308).

LT COL S. MAHER OMC-PROSECUTION Typed Name and Grade ofPerson Who caused Organization of the Person Who caused

Accused to Be Notified of Charges~d~'

Signature

V. RECEIPT OF CHARGES BY CONVENING AUTHORITY

7. The sworn charges were received at hours, on , at

Location

For the Convening Authority:

Typed Name of Officer

Grade-

Signature

VI. REFERRAL

8a. DESIGNATION OF CONVENING AUTHORITY 8b. PLACE 8c. DATE (YYYYMMDD)

Referred for trial to the (non)capital military commission convened by military commission convening order

subject to the following instructions' :

By of Command, Order, or Direction

Typed Name and Grade of Officer Official Capacity of Officer Signing

Signature

VII. SERVICE OF CHARGES

9. On , 2008 'I (caused to be) served a copy these charges on the above named accused.

S.MAHER 0-5 Typed Name of Trial Counsel Grade of Trial Counsel

Signature of Trial Counsel

FOOTNOTES

1See R.M.C. 601 concerning instructions. If none, so state.

Me FORM 458 JAN 2007


UNITED STATES OF AMERICA

CHARGES: v.

IBRAHIM AHMED MAHMOUD AL QOSI a/k/a Mohammed Saleh Ahmed a/k/a Mohammed Salih Ahmed a/k/a Mohammed Ali Ahmed a/k/a Mohammed Ahmed a/k/a Abu Khobaib al Sudani a/k/a Abu Khobab al Sudani a/k/a Abu Khobaib a/k/a Abu Khobab a/k/a Abu Khobeib a/k/a Khobaib a/k/a Khubaib

))) ))))))) ))))) ))

I. CONSPIRACY

II. PROVIDING MATERIAL SUPPORT FOR TERRORISM

a/k/a Khobeib ) a/k/a Khubayb a/k/a Khubeib a/k/a Khabeeb a/k/a Khabib al Sudani a/k/a Khubayb al Sudani a/k/a Ibrahim Ahmed Mahmoud a/k/a Ibrahim al Kossi

))))))))

CHARGE I: VIOLATION OF 10 U.S.C. § 950v(b)(28), CONSPIRACY

SPECIFICATION: In that Ibrahim Ahmed Mahmoud al Qosi, a person subject to trial by military commission as an alien unlawful enemy combatant, did, in the context of and associated with an armed conflict, at various locations in Afghanistan and elsewhere, from on or about 23 August 1996, through on or about 15 December 2001, willfully and knowingly conspire and agree with Usama bin Laden, Abu Hafs al Masri, and other members and associates, known and unknown, of the international terrorist organization known as al Qaed~ and willfully and knowingly join an enterprise ofpersons known as al Qaeda, the agreement and enterprise sharing a common criminal purpose to commit one or more of the following offenses tri~ble by military commission: targeting civilians, attacking civilians, murdering civilians, attacking civilian objects, murder in violation of the law ofwar, destruction of property in violation of the law of war, terrorism, and providing material support for terrorism; and with knowledge of the unlawful purpose of the agreement and common criminal purpose of the enterprise, willfully entered into the agreement and enterprise with the intent to further the unlawful purpose, and knowingly committed one or more of the following overt acts in order to accomplish some purpose of the agreement and enterprise:

Page 100 U.S.v. AL QOSI: Continuation ofMC Form 458, Section II. Charges and Specifications


a. From in or about 1996, through in or about 2001, in Afghanistan, al Qosi, aimed with an AK-47, served as an bodyguard for Usama bin Laden, and other al Qaeda members.

b. From in or about 1996, through in or about 2001, in Afghanistan, al Qosi, armed with an AK-47, served as a driver for Usama bin Laden, and other al Qaeda members.

c. From in or about 1996, through in or about 1998, in Afghanistan, al Qosi lived at an al Qaeda compound near Jalalabad known as the "Star of Jihad," with other al Qaeda members, including U sama bin Laden, where he provided security, transportation, and supply services.

d. From in or about 1998, through in or about 2001, in Afghanistan, al Qosi lived at an al Qaeda compound near Kandahar, ("Kandahar compound"), with other al Qaeda members, including Usama bin Laden, where he provided security, transportation, and supply services.

e. From in or about 1998, through in or -about 2001, in Afghanistan, at various times, al Qosi traveled from the Kandahar compound to the front near Kabul, where he fought in support of al Qaeda near Kabul as part of a mortar crew.

f. From in or about August 2001, through in or about September 2001, in Afghanistan, approximately two weeks prior to al Qaeda's 11 September 2001 attacks on the United States, Usama bin Laden ordered an alert, and al Qosi and other members of bin Laden's bodyguard detachment, anned with AK-47s and other weapons, evacuated the Kandahar compound with bin Laden and other al Qaeda members.

g. From in or about August 2001, through in or about October 2001, in Afghanistan, al Qosi and other members ofUsama bin Laden's bodyguard detachment, anned with AK-47s and other weapons, traveled in a convoy with bin Laden and other al Qaeda members, and camped at bin Laden's direction, between Kabul, Khowst, and J alalabad, and provided security and transportation for bin Laden and other al Qaeda members.

h. From in or about October 2001, through in or about December 2001, in Afghanistan, al Qosi and other members ofUsama bin Laden's bodyguard detachment, anned with AK-47s and other weapons, traveled to Tora Bora with bin Laden and other al Qaeda members, and provided security and transportation for bin Laden and other al Qaeda members.

1. From in or about December 2001, through on or about 15 December 2001, in Afghanistan, at or near Tora Bora, al Qosi, anned with an AK-47, along with other members ofUsama bin Laden's bodyguard detachment and other al Qaeda members armed AK-47s and other weapons, separated from bin Laden, and traveled away from Tora Bora where they came under fire from U.S. forces.

Page 2 of3 U.S.v. AL QOSI: Continuation ofMC Form 458, Section II. Charges and Specifications


CHARGE II: VIOLATION OF 10 U.S.C. § 950v(b)(25), PROVIDING MATERIAL SUPPORT FOR TERRORISM

SPECIFICATION: In that Ibrahim Ahmed Mahmoud al Qosi, a person subject to trial by military commission as an alien unlawful enemy combatant, did, in Afghanistan and elsewhere, from on or about 23 August 1996, through on or about 15 December 2001, intentionally provide material support or resources to al Qaeda, an international terrorist organization engaged in hostilities against the United States, by, among other things, serving as a bodyguard, driver, fighter and supplier, for al Qaeda, knowing that such organization has engaged or engages in terrorism, including targeting civilians, attacking civilians, and murdering civilians, said conduct taking place in the context ofand associated with an armed conflict.

Page 3 00 U.S.v. AL QOSI: Continuation ofMC Form 458, Section II. Charges and Specifications


DEPARTMENT OF DEFENSE OFFICE OF THE CHIEF PROSECUTOR OFFICE OF MILITARY COMMISSIONS

1610 DEFENSE PENTAGON WASHINGTON, DC 20301-1610

(day) (month) (year)

MEMORANDUM FOR Detainee Ibrahim Ahmed Mahmoud al Qosi 0054, Guantanamo Bay, Cuba

SUBJECT: Notification of the Swearing ofCharges

1. You are hereby notified that criminal charges were sworn against you on the _ day of ___-', 2008, pursuant to the Military Commissions Act of2006 (MCA) and the Manual for Military Commissions (MMC). A copy of this notice is being provided to you and to your detailed defense counsel.

2. - Specifically, you are charged with the following offenses:

CONSPIRACY

PROVIDING MATERIAL SUPPORT FOR TERRORISM

(Read the charges and specifications to the accused. Ifnecessary, an interpreter may read the charges in a language, other than English, that the accused understands.)

AFFIDAVIT OF SERVICE

I hereby certify that a copy of this document was provided to the named detainee this __ day of , 2008.

Signature Organization

Typed or Printed Name and Grade Address of Organization


- -

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Exhibit AB


amy ATTEN 7.0N OF-:

DEF D ; Y COM:AAN_ - DETANEE OPEFATIONS

JONI FORCE 435 APO AE 09354

435-LU

MEMORANDUM FOR Comn .. :nder, Task Force Protector,.Bagram Airfield, Af g ia u, APO AB 09354

SUBJECT: 2 June 2010 r)etair eReview Board (DRB) Recommendation Vote for Release for ISN 4191

1. 1 reviewed the findings and cornmendation of the 17)1Z3 conducted on 2 June 2010 concerning the internment of D.zaince 1SN 419, . By a vose of 3 to 0, the loi -t . .-Imembers found that ISN 4191 did ;to.: meet the : . ;.- itr:r:a for internment. Put.sua:v. t Deout ,, Scc:-etary of Defense Policy Gu:dance on t<c view Prc...eth:res and Transfer and Release Authority a: -..iacy.rarn Theater Internment : 7ac:lity dated 2 2009. 1 a :)prove the 'ORA s finding and direct mat ISN 4191 be re'eased from the Detention Fa hy in ilarwan.

2. '711,2 oirt of contact fir tl -ds nemorandtim is CAPT [ sinn) (no) Director „egal Opera..i,ons, JTF 435, at ps:N. (b)(2)

MARK S. ''' Brigadier ciertera.1, US. Army Deputy Ccinimander.

-BAGRAM / CENTCOM /001542


REPLY TO AITENTION OF;

S LEGA:..• OPE:ATIONS

FJRCE6 AFOHi-,NiSTAN jOINT TASK FORCE 435

APO AE 09356

.777-435-1,0, 6 ha. c 2010

MEMORANDU •

AE 09356 FOR Deptt Commander, Joint Task Force 435, Kabul, Afghanistan, APO

IRTECT: 2 June 2010 Detail - (b)(6), (4)(1)14a, (1)1fiN44191

v Board (DRB) Legal Review, Abdullah is (1)1.4a, (b)(1)1.4c

1. Abdullah Bari $60 (b)(1)1.4a, (b)(' I1IN 4 I, was captured(1)1.4a, (b)(1 )1 Sherwin Vi age, Bala Bel Ik District crat Prov; tee on! (b)(1)1 4a (b)(1)1.4c The premise Fo'.. cai)ture is n

(SnIxequentalyci vac, Hied searching foc the target, inferr I ionali''orrni'J :or. caused a change in the of ISN 4191.)

2. I ieviewc-d Rielnsure hL 1 p a=ic„ recoannendations of Abduliah Ban ISN 4191's DRB, ard - o ho

:3. The DRB fot:nd that AbdulJa;', Bari, .SN 4191, does not meet the criteria for internment for :rcitsons Kmed Enclosures 1

bctillah Bari, 1SN 4191, be rele r sed without Conditions and in does not meet internment Critelia:. The DRB flyr,her

SEC. necessary to iiiitigate the threv --)psed by A , (21.711i7.11 Bari, ISN

5, The DRB also recommended that Abdullah baii, ISN 4191, not be classified as an Enduring Security Threat.

4. 7 71':(:-17"7-1T3 recoil-Mien:1o: that ueordance with a find'

rerwined that intetwe.-1 -; 4

•

6. The point of contact for filis rcview is MAj (b)(2 ) on (b)(2), (b)(3), (b)(6)

(b)(3), (b)(6) DRB, a

(b)(3), (b)(6)

4 Ends. 1.DRB President's Memo 2. DRB Votina Pacet 3. Summarized. Testimony with ibits 4. DC JTF 435 Recase Approv.VDisappreval Memo (Does Not Meet Internment Criteria)

MAJ, JA Detainee Review Board Legal Advisor

BAGRAM / CENTCOM /001543


REPLY TO gYTENTIOIZ OF:

LEak DR UT( ATE - DETAINEE OPERATIONS US FO AFG;--IANiSTAN

JOINT TASK FORCE 435 APO AE 09356

6 dune 2610

:MEMORANDUM FOR Depuly. mander oim 1. ask Force 435, Kabul Afghanistan APO A i ;,‘ 09356

SUBJECT; 2 :rune 2010 Det.i.r. ..eview Board (DRB) Recommendation, CO:O .Xii.j01.1S of Abdullah 2ari aiV), (b)(1)1.4a, (b)(1i1 .SN 4191, (Does Not Meet -:'.errnali.tt Criteria)

1. DRB FINDINGS AND RECOMMENDATIONS, The DRB met on 2 June 2010 and .ffiade the following ±-indi.ngs ar d reconeada - i.ons concerning the internment of Abdul :all 2ari sio

(b)(), (b)(1 )1.4a, (b)(1) .:15N 4191:

a. That Abdullah Bari, ' 9: did not meet cci rE fur 'A-tidal internment because he was not assessed to be a part of or a , subpor;er cf i7.surgent forces opposii41 Coalition :orces.

h. '11at internnient is not .e.=.2:.2..ssary to ,nitt he threat posed by Abdullali.33ari. ISN 4191. Bari, ISN 4191, should n con IC to' be interned at the DetentiOn Facility in

Parw

c, The DRI3 rec crds val for release without conditions of Abdullah Bari, ISN 4191, in acco -daace a fa: that he does not meet internment criteria.

d. That i\j)dtlikth Bari. ISN 1 9 should be. considered fear reintegration programs wiE in DFIP.

e, That AbduiJah Bari, ISN ;-1I 9,is nm an Endurh,v Security Th reat.

2. DRB ASSESSMENT. Abdue.ah Bari. 1SN 419 's story was plausi.ble and assessed likely to be true *,-)y the DRB. village o coect money from a chicken sale. ('o capturesidentified Abduri& -i B. aliban. The F) i3 did not fin,1 be e:ediNe. especially given the to...; lack o corroboration. Abdullah Br to 3&y4ra:lb, stowingno reception v ei a nan members' -:'p and activity. There is next to no

idenee on this person. He pie 's to be pro-Coalition i'orces. The Board ?resident. eu-1)basized that Abdullah Bari snould be released immediately, while he is still favorably pre-dis)osed to the US Goverment.

Abdul Bari's capture involved ail cc nmcct of "mistaken identity.' The capturing unit thought Abdullah Bari, ISN 4191, was a Ia.,- get of the same name. However; that target is still generating reporting, and the0' ,..)acket cc tinni individual continues to be developed.



SURECT: 2 June 2010 Detain :e Review Board (DRB) Recommendation, Release Conditions of Abdullah Bari 00)1 4, (h)(1) 4r (13N 4191, (Does Not Meet Internment Criteria).

3. CIRCUMSTANCES 0 IRE, Abdrik ! iLri k;4, ), (b)(1)1 4a, (b)(1,11,SN 4191, was ca tured by1)1 4a, (b)( 1 11a4cSherw :h1 Village, Bala Bonk District, Herat Province OE 7 No)q 4.p, (h)(1)141-

(b)(1)1 4a, b !Inc premise for caplur,.! as His assessment as a high level target. (Subsequently, (b)(I) 1 .4a , (b)( 1 )11 elontinued seal. -chin. .0 the target, inferring that adc-itional information caused a change

in the assessment of i.S\T 4 01

4. BAS.i.S FOR TA.RGETNG Z., ND INTERNMENT. in raking hs findings and recommenciation.s, DRB de:ed the rollo 4o. ing L '42crec.:

a. Physical Evidence: Ne significance.

b. CEI,LEX/DOCEXITA X/M.EDEX: Nothing,

iv- Residue Tes1: , None.

d. Sensitive Reportin g:

e. Classified Reporting: Cop.ures at time of capture identified AbC!.. :ah iT h ISN 4191, as being Taliban.

5. DE7All ,s; El..... Al.M SSION S ND CLADoS (PRE-DRB). In making 'ts findings, and recon, -- - ,..- ,-.±,tiOns, mile 1 4!!-;! i!-.1..)!rinaiion from interrogations and in:erviews,

not limited to fie

et-rogations arJL7tervi ws: ISN 4191, said :le is no'. from Shewan Village. le said he was collect money II:if a sale of chickers, Abdullah Bari denied b i ban.

b. Polygn,miT -!\,To deception 'Ilci:cated when denying Ta:;biw membership and when denying attacking CoaHtion Forces.

6, EXHIBITS SUBMITTED !.!.ifrA'rN !.,E TESTIMONY AT DM, in maiming its findings and recommendations, the DRB , s:dcrea the :foaming exhibits and detainee testimony:

a. Recorder's t .nclassifica c.ici Classified Exhibits.

b. Personal Representative's Exhibits. Exhibit A. indicating that Abdulla] -1 3ari, ISN 4191, was advised of the basis fir internment and the facts supporting internment, Exhibit B. indicating that A . :Kit:Jab i3ari. , IS.1 4191, mem with a personal representaive and was advised of his rights at the DRB,



.ah .13arri said he heap] the aminc , from village -. He as detained wit:a inflormation.

He chose 7.0 stay in the (b)(1)1.4a, (b)(1)1.4c

SUalliCT: 2 June 2010 Detainee Review Board (DRB) Recommendation, Release Without Conei7ions of Abdullah Ban (b)(111.4a. (b)(1i,116N 4191, (Does Not Meet Internment Criteria)

c. Detainee Criminal hives; at:ye Detachment (DCII)) Report of Investigation (ROI) dated 29 April 2010.

d. -ary and Observior. Reports (Theater Internment Facility Progress Report) dated 2 June 201c: 12, Rs.

(b)(1)L42.47zo.Beii ion Science y il.a).:1 (hxi Team Assessment. Risk it (y :40))40ii\T :

I Detainee's DR1 Taliban. He stated -'...71a1 most of . ' alliance lies With the goverrunen

and Res2o.tses to Questions: 21': ,., 2all Bari, ISN 4191, is anti-- ls relatives "worl.: for he government," For this reason, his and agrH.st the 'alibau.

Abdu ;a11 Bari lives in Para Li, .a Boh -k. District for business

viiages. He had sold eight chic:, (b)(4 (b)(1)1.4a, (b)'1 When he arriNickk,

Abdullan Ban i stayed v,ith. roe hr brother and was ca7tured later

_annul District, Herat Province. He was in Sliewan Village, 7..tuposcs. i t taKes wo or three hours to walk between the eis and speei_lled c nice. He intended to collect money from (H(1 )1.4a, (b)(1 1 ao - present, but the brother was present,

waiting 4r Fb)(1)1.4a, (b)(1)4cel.it:7 He ate dinner with the t. ,,ening.

A -al: Bari, ISN 41 c 1, proud of his good behavior with the guards.

7. WlTNESS INFOR -\TATION. In UA±ing hs f tidings and recommendLions,ihe DRB considered fe fbllov,lng :taAKmaticl: The Personal Representative su'in7li.ted three letters of s',.;)-ort... one each fror ic district provincial governor, and. tribal elders. The letters say Abdullah Bari is peac' loving S fli on the side of the government.

8, SUMMATION OF DR:3 FlN Orl\l GS AND RECOM;MENDA'l IONS, THREAT ASSESSMENT, h(leterm:ning -, ether continued internment is necessary to mitigate the threat posed by Al)dul lab SN DRB assessed DoD a for internment, the detainee's level of Lireat and weighed., amoh_g other t h ings, his potential for :chabilitation, reconciliation, and c err ual rehr euation in oseciety.i eonsIdLIl c recommendation. the DRB notec: the rlsk po.,,g: by Abdul Bari, 151' 4191, in relai ion COIN inpact of release versus continued internment. There ma': have been mistaken identity associated with the detention of

There was a WEL target with the nan•:r. "A'xhil Bari," hailing from Shewan Village. ISN 4191 does not match the description of the JPEL target named .•edu Bari. There is some evidence in TIRs that the capturing unit at one point thought they had captured a JP12.1. target. The Recorder ex9lained that the targeting package for Abdul Bari is still active, indicating that ISN 4191 is tot he JPEL target. There was no deception indicated during his polygraph testing.



JTF-435-1,0 SUBJECT: 2 June 2010 Detain, c Reviesv Board (DRB) Recommendation, Release Without COndi'':.ons of Abdullah Bari gN0), (0(1)1.4a, (b)( 1 11 1,SN 4191, (Does Not Meet Internment Criteria

Abdullab Bari, ISN 4191, beec.c.,:-. the capturing unit thought he was a WEL target of the same name. As a t of a tl of these consideraior s, the DR% heeves that release withoat conditions is the best altuialise, 1 -) a i'7, ricFrig that Abdullah Ba ISN 4191, does not meet•

citeria.

9. The point of contact for this evi (b 2 Or (b)(2), (b)(3), (b)(6)

is MA,I 1 (b)(3), (lo)6) 1, JTE-435 DBJ3. at DSN (b)(2)

2 Ends. 1. MB 'sTotinct eket 2. Siuritarized Test:rnony

(b)(3), (b)(6)

COL, Q CSA

?reside tame - Review Board

4



Dr

1,•7"..;`„.

.f.Att•-fr

Cr

circun , , AbdullalBHii. ISN 4191 (i....:._ . . .. , was captured by CF on r ,

Fur t) tiTc 5 t a IA of ...... ! local ejtizens were warned of the irrkpendin4rnAion. The city cleared of women, .....iiL;:;n, and otter Afgirani citizens. Abdullah Bari was caaioht trying to hide ID dprds on the roof of the mosge as he was=lnying to evade capture and running toward L -.''. -t. (Sworn Statements.) A b di. Ilah'Bari was identified by tither detainees as being asso4ated with raliban forces that are engaged in hostilities aginst U.S. Forces. (Sworn Statements) ii=lr , dot i i told the iiterpreter accompanying the tn that Bari was a Taliban Fighter. (r-7,v/orn Statement).

Was a part of, or substantially suppoi tod, Taliban forces or associated forces that areZngaged in hostilities against the United States or its coahl on partners, including any person who has commted a belligerent act, or has directly supported hostilities in aid of such enemy armed forces.

Pakistani ID card.

Ioitsftrn: ) Polygraph: No Deceion Indicated as the result ofa 18 October 2009 - polygraph

None :4=.•

Claimed that he is not from Shewan Village, He was there to collect money from Denied being a-Taliban mehlber,

-a-

0 Bsci- 18—,--asment: Risk Level:' onfidence: (Dated:

DR/OR summary; See DFIP PrObress Repo 0

or chickens that he sold.

•

• ry • • .• • . ,


e ee SN (b)(6), (b)(1 )1 .4a, (b)(1 )1 .4c

.alace of 3

The detailiceD01-:,S NKj F MEET THE (.7.1:1"'JUAior internment and will be released. Stop here nod ,s1gn at the boa;,'.

d, as 'a member of the Detainee Review t3aru ct..bad that:

2 (TrI.E.I. ASSESSIVENT 3,t:COMAIEN "I!ci ION): After luldng into account detainee's n.ateri-tal for rehilla:its.tlina, reeoarz."; tit h, nod eve.atual ,:in'ueation into sockt:,, by a :::: c'erance oft.eirf , I find tam- - conic 31>Z1t:II:

IS NOT NECES.S.A.T .Il,' to --"tigate litres t:lte titetainee poses; (Go tat Step OR

nt..;•:.t S

s esented t tin. tJ which led te your Tett r trr ) r' Is' a reed

(b)(1)1.4a, (b)(1)1.4c (b)(1)1.4a, (h)(1)1 4c

D.1-; 3 President (Printed)

Went (Signature )

Detainee 30tozd,d 01 : FinOs and Reco THRCN:tf.a:Tfng. Finn! neard Result

V.22 Feb2010

alcielnee lisled above ME'iTS C'EUTER the terrorist ;:t tac!..s,.-ccurred on September I 3..T.!

Tar :it:ettaboveM.EFSCRIftis ialiban or al(c)a C.:tees et associated 'Airces that who has commiaed a bellig,..irent act,. or i -ias three* s:

A TOR INTl-RNIMENT because he is a person who planned, au:nori2ed, committed, or aided I. :aid persons whO harbored those reSponsible for those ',ilia:ea Toeitinue to catty

I bt.Laus, he is a 1,:t son who sans pa.: (0 , 1r scalae„.1). si hostriities against the United States or its iataliticat There . incaiding any: person

::, potted hostilities. in aid of such enemy arme.r1 forces. (C ,.;it!.uri., to Step 2)

youl i S't L,2 is .ht: cot red iraernment is not necessary a ate r ne:-ainee poses , then a: m in .i-i uf the findings listed above, recotiiincrir' that t '7 e dote nee be (PICK ONLY I):

Relea:.-ed whaoat conditions; or

to Afghan authorities for their e 3 c, r ofcrirninal nrcsecution,

Trat ,tferre d to authr - ri ies fab rartir .rit ion in a reconciliation reinteuration program.

(For non-Afghan and rion-I I,S. irfl-eo it oat): Transferred t c t thiitd country for: cuimiiiai. prosecution // particip' ion ;a a rsleoncii.aito -ingrain .."/ ora aca. (circle one)



Date of

zitA1

t (.FINDINGS).:. By a•prepottilerttnee othr1ton:ilia:ion presented, as • • ..

F.. iOnSv, 5Feh2010

ott -tittainee Review Board (DRr3), I find that:

ail e

2 ASSESSV RFC l)P.T.ION).: After taldr,„, J.: -2 account the detainee's tr at for rel lftadon. ; csew reintet.ttolion inusociety, by a pref en Ice of tne 'u'rination. nd th.tu et' u men: :

IS T:l.OT NECESSA:ltY the tto. ,. Jo detainee -1,,ntits: Flo to Slop 3A) OR

. ndatory revandess o hid' ted 5C rC..121-r:

7 threat In,7der):

e =Med IR Z.

T -1'.'.■ f:;:..rreci to A i"''ban authorities t'or their t , itsideratitint of criminal nroseention.

Trdlts!'c:.rred

noutit.S. ttitreltitotio;in Grin -anal prosecution participation m

tna barerent-1 lito ion en-

ate Trott:, tt iation program k ttt

proarami

country for: iteieattt. („ iP7e1e one)

STEP 3B:

The detainee DOES NOT MEET THE CRT' ,;.12...N For internment and will be released. Stop here and sign . oi the bottom.

OR

The detainee listed above MEE'IS CRII .EEI A •:01t ENT.RNMENT because -1.e is a perstto who planned. authotlied, committed, or aided the terrorist attacks that occurred on September 1 1. :. and persons who hat -lit:red those responsible for those attacks: (t.l.t.ittitir,itt: !it 5,ett irn

The detainee listed hvnl`tiEF :;;S crarERIA FOR. ll\;'1ERNMENT because be is a ptit:tat who s part or tq- substantlett,y supported. Taliban Or al-Qaida forecs C.SSC'C''-1h n engaged in hostilities aizainst the United S;ntet Or it:: (to:On/on partners, inc!inling an•person svho has committed a bel i.gerent act, or ilas directiy•s:;2ported hott - dittes, in I .d: such encnn ailttect, In Step 2)

Lt;:tt: Ifyour ilecominentIatC.a Srttttl.' 2 at ceuti tied internment iS not neeessary to ;tilt igate the t " eat tbe littitairtee ;testes., one or lut rectitiarnr.; Td right of the firdiegs listec above; I recommend ibid PtF.t: detainee lie;

F lout conditions: or



Page 10 redacted for the following reason:

(b)(1)1.4a, (b)(1)1.4c


rDate of Board ■

via1IS v. 5 Feb 201

)1.4a, (b)(1) -.460 a, (b (1)1.4c

15 NOT NECESSARY to mitigate cit

Ott

inriit the detelee poses: (Co to Ste:,

len . r reeotn r threat tess,• is tun e

3- 1:;eg:,

2 (i•l -'• ASSIT„SSIV, ' ' fa king aeccJ7,114 p':e-tat foe 7,Z:co • eeeirtere:: agratio a into soe,n.., -,y,

ty a prepontiernnce of lite information, I find aim r; re:rent: m':de

Transferred •to Mg a= authorities for par,. :,ati ail in a rec.ono9tion or reiritetration program.

(For eoa-A:'ghar and moa-1,",S,. ehird-coi. nationt criminal prosecution prti:-...::.;paon in a p

3(r :rlfted)

DRE Member Signature

- Ito a third country for: release. or")

ST13P 1 (FIND YNCS): Dy a preporder ce of -,ration presented; as a me .:ilie of the Detainee Review Board (DRB), I find that:

The detainee DOES NOT MEET THE CR!.. RIA for internment and will be released. Stop here and sign at the bottom.

OR

Tie detainee listel nti. MEETS aided the terrorist snacks tip in red on September OR

Tie detainee listed aooyo mu; i7; tn - lbrces or assocannd e

Tk, tas corrinit;ted a be:ligenent act; or

I•N•717Riti.',i....\•Ltecause he is a person who piann.:J.,, ,:lorized.. committed, or 1. 21i, ;:e.,lpersces i Ito harbored those responsible for f' c (Continue to Step 2,t

A FOR iNTERNMENT because be is a ;erson who w,:s part '11 or substioniali): supported, so- Ls.al, Pd in hostilities against the l.,:nited States or its coalition partners. including any person

ort.' hostilities. in oid of 5ti•h enemy armed force .i. F2 to Enif 2,)

STEP yner Rae int; in 2 is.at eon:limed k a neresss- ry to mitigate e :: ,̀2 Detainee poses, heal make eme recvn—r - ' . 62!:ions: 1 rif be listen atiove, I recom:nr:d trt :-IAMoop be:

Released without eetl,.1tions: or

Transferred to A ,,...ii a,r,torities for their insi Aeration of criminal prosecution,




(b)(1)1.4a, (b)(1)1.4c


I;are o, 5';oard

LU

S' F7 2 ( :11:1 :-1E: AT ASS Otlycoyi7[F2,-. eYittt tiata;nee's potentirl evetighal rchitegri• by a iireponderatice rCI; btfornriion, I find .7)17,"H,':n

frier -; carom' : the n society,.

IS NOT NECESSARY to mitigate the etalnee ;ooses; (Go to Step 3A) OR

3- it-cic..-71.21,-.r,r;v.if ; .Y•4

1- "Area!

?7,); e4 7,`;' k5

ORB Member (Printed) (b)(3), (b)(6)

DRB Member Signature


STEP (FINDi.NGS): By a preponderance of the nation presented, as are of :lin Torkw Board (ORB), I find that.

ee DOES NOT MEET THE CRE:lliRIA for internment and will be re,easdri, iop here undsdo et the bottom,

OR

The detainee listed above MEETS CP. I EnNMEN because he is a person who planned, authorized, committed, or aided the terrorist attacks that occurred or September persons who harbored Mose responsible for those attacks; (Continue to Step 2) OR

The detainee listed above MEETS CX1TET: OR N iKRNM TN. :" because ha is a person Who was or of, or substantially supported, Taliban or at-Qaida forces or associnied forces tint engaged H nosril ides against the United States its cY1Hon ptners . including any person who has committed a hell(2erent act, or has direct ;.ppcirted in aid of such enemy i.yri761 no.; eimte ifo Step ' -.7)

' 3A: doutirined n: ref: one. tLb: fo•Yov‘riny recrirnim.:;aoust • In 1;;;.'oc o

;;; ora_ Eteze'$:: - y Cye fi;..-1a;;:toe poses mdirirts iii;ted above, rncrrani;nit, that. line tie'..-1',iee be:

keleaseci

Transferred to authot-hies for their .,.nsideration of criminal prosec uc

Transferred to Afg Jan authorities lb: nartid, ,..11 :it in a reconciliation or r nctt,cJ program.

(For non;-..4.1-iim and nota;Y.S. moMmkr); 'ut to a third country for; criminal prosecution /I a purl ; re ease,



(b)(1)1.4a, (b)(1)1.4c


REL T

1 (u/ i/okua) [ I11)1 .4a, (NO t...:-. ii9 - 71)(1)AlaChillah Earl entered the 2 bos::droom, took his se-At ' front of the board members, and the 3 unclassified hearing ws called to order at 1347, 2 June 2010.] 4 5 6

7

(U) COO:*-EL a

9 (U) MAJOR 10

11

(U) MAJOR N(3),(11)(6) J, 0; 12

13

(U) CA.?,AZ:i (b)(3), (b)(6) DETAINEE REVIEW BOARD

14 r. D; 15

16

MAJOR , PERSONAL REPRES NTATIVE

17

FOUR;

18

19

(u) 7±‘3,..5OR

(b)(4 (b)(6) 1, LEGAL REPRESENTATIVE; and 20

21

(U) SERGE rl---v , BER ARAZ , PARALEGAL. 22

23 (U) [The recorder was revious1y sworn.] 24 25 (U) The detainee was ac. ---rj ed by the president of how this board 26 was not a criminal triF.1 and how this board was to determine 27 whether or not he net the criteria for further internment. 28

29 (U) The president also notified the detainee that he may be 30 present at all open seions of the board permitting that he

31 acted appropriately. 4191 was also advised that he could 32 testify under oath or Lnsworn if he wished to do so, that he had 33 a personal representatLye w:lo was present at the hearing, that 34 he may present informa - ion at the hearing including the 35 testimony of witness, and that he can examine documents 36 presented to the board ll of which the detainee understood 37 38 (U) Further, ISN 4191 as instructed that, at the conclusion of 39 the board after the le cal review, the board would determine 40 whether he met the criteria for further internment at the 41 Detention Facility in Yarwan_ The detainee understood the fact

RCL. TO USA, ISAF, NATO 28


(U) Pcars Presznt

,...(h)(3) (h)(6)

PRESID4NT OF THE BOAR

con(-v) ME`TBER ONE


1 that if he does not me .tt the criteria, he would be released as 2 soon as possible. How -2ver, if he did meet the criteria, then he 3 would be recommended further internment, transferred to 4 Afghan authorities, or released without conditions. 5 6 (U) Captain( )pre-iltd the following unclass ied 7 information to he boad! 8

9

(u//Pe) ISN. Abdullah Bari was captured during an

10 operation designe6 to rid the Sherwan Village, Bala Belgic'

11

District of Talihn fighters. Prior to the operation,

12

women, children and innocent men were told to clear the

13

area. Abdullah Bari remained. He claimed to be visiting

14

the area. 15

16 (Uifig0G44 At the Tae. of capture he was seen hiding his

17 Identification card and discarded his weapon. 18

19 (U/AFeivela) Detaine( took a polygraph and no deception wa s

20 indicated when as.:ed about involvement with the Taliban or

21 attacks on Coalition Forces. 22

23 (U/V-FilitTI) The deta-Anee is assessed to be a Taliban fighter

24 operating in the a -2..a Boluk District. 25

26 (u//Faura) He meet :nterment criteria if he was part of, or

27 substantially sup7:Drted Taliban forces or associated forces

28 that were engaged in hostiles against the United States or

29 is coalition partners, including any person who has

30 committed a belli -e:cent act, or has directly supported

31 hostilities, in a..d of such enemy armed forces. 32 33 (U) The detainee, ISN , l9l, made the following statements to the 34 board: 35

36

(U//-Pee) I appreciate this opportunity. I always welcome

37

Coalition Forces, and am always glad to see them. I came

38

to the village to:Visit who owed me money, but

39

he was not there. I met with his brother instead. I am

40 not with the Tali}:an, because most of my relatives are

1/ RD_ TO USA, Isar, NAT-0 29



IL 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 :

36 37 38 39 40 41

working with the government, There is no reason for me to be with the

(u//- o) I am woried about my children; therefore, would like to ask to be released. I want to leave here and take care of my children and my family. If there is any proof that I deserve puntshment„ I will take any punishment. I wold like help the American people.. While I was detai•::...ad here, the treatment has been good.

(u/ipeto) The CoalAtion Forces showed me a card and asked if it belonged to -me, but it wasn't mine. It was a Pakistani ID. look at the picture you will see right away that 1_ is not me.

,a) DETAINEE TESTIMONY

(W/Peuie) Abdullah B )1(204*(1j 11)aS called for the board and testified, n1.7:1-)stance, as follows:

j) DIRECT EXAMINATION

(U) Captain bx40:0(61ake... , in substance, the following es ns:

(U//FOU0) I rece ,--7 help and do a lot

expect that they. Coalition Forces. the Americans or Americans are doi.

ze and know that the Coalition Forces for the country and for the people. I —. l continue to help. I promise help the.

Will not take even one step against oalition Forces. I know what the g for this country.

(U//FOU0) I live Farah province. distance from the walked to Kurah, [Name] so that I

Laman village, Ghulistan district, is about two to three hour walking

a to Sherwan. The day I was detained ornthere I took a bus to see Abu Khaliq uld collect my money. So I stayed with

as dinner time when the Coalition Forces Lured. I didn't have a weapon with me. ning that Coalition Forces were coming, ng to do with me.

his brother. It came and I was I did hear the wev but they had nothi



1 2 3 4 5 6

(U/ifellidi6 I handed my personal idea forces. I have gone by Abdul Bari. call Me AbdUllah aari,

ji) CROSS-EXAMINATION

fication card to the In the country they

7 (U) Major olnoign, asked in su:pstance, the following questions: 8 9 (U//0 1%) 1.4wfled me 800 Afgani, for 8 chickens.

10 I was, captured ' t=-..e late evening around nine or ten 11 o'Clock, f 1 said not to run from the area_ 12 There was some ye.ling and shouting, and he couldn't tell 13 exactly what they were saying. When I was captured I was 14 walking toward tlt r 0-06 )1 :AP, 0-0(1)/ I had been in the 15 village for aroun three hours before I was captured. 16 17 (W/Feue) I don't know anyone else in that village and they

18 don't know me. 19 20 (U) Personal Represehl,:-tve provided the board with petitions 21 for release wren o 6:etainees' behalf. 22 23

(U) -,3XAnINATION BY THE BOARD 24 25 (U) - 1 asked, i. s1staice, the following questions: 26 27 (ui/Feue) I do may things. I take care of my land, I grow

28

corn and sometime I go 'to town and buy and sell chickens. 29

I own about 5 acn.,s of land. 30 31 (U) Member 2 asked, in substahee, the following ions: 32 33

(U// 0) I was b,.., rn in my village, and I have never lived 34

in Pakistan. 35 36 (U) The recorder did o - fer unclassified exhibits. 37 38 (U) The personal representative did offer unci ssified exhibits. 39

40 (U) The recorder had no further unclassified information to 41 offer the board and, p r the recorders request, the president

31



4ZlL TO-USA, NATO

granted a closed hear_ the culmination of the unclassified hearing.

(U) The president announced the conclusion of the unclassified hearing..

(U) The president would be notified weeks and that further internmeno

board instructed the detainee that he of - board's decision within a couple of woul±,:, be released if the decision is made that would not be required- However, if: the board

1. 2 3 4 5 6 7 8 9

10 11 12 13

15

17

20 21 22 23 24 25 26 27 28 29 30 31 32 33 .

34 35 36 37 38 39 40 41

decided that further iziternmentAs required, he would be retained at the Detenton Facility in Parwan, transferred to Afghan authorities for participation in a reconciliation program, or released transferred to, his national country for participation in a reconciliation program. Furthermore, if continued internment ws recommended, then an additional Detainee Review Board ould be reconvened in 6 months.

(U) The detainee made following statem nt:

(U//FOU0) 1 have en here three months, I have done nothing wrong aga -,nst the government,

(U) [The

ifie adjourned at 1417, 2 June 2010.)

(U) [The detainee withjxew from the boardroom.]

(U) The classified he ..Lna was ailed to order at 1417, 2 June . 2010.)

(U) Captainth )(3) , (1; ve) pre the following information to the board:

(SHREL TO LSA, lYii.4A-TO) This detainee was detained during I (b)(1)1.4a, (b)(1 )1.4c 1 There is no reporting in this case. So there isn't much information. He was detained on site. He was assessed as a target Abdul Bari, who lived in the -illage. My research shows that he is not the target Abdul He doesn't match the description of the Abdul Bari, They are still receiving reporting on that target. So, it doesn't appear that this detainee is that

REL-49-61-5.A74' 32



1 2 3 4 5 6 7 3 9

10 11 12

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

target, He did qve some information about Opium during his polygraph, H passed a polygraph, They said he was trying to hide an 1p, There are some sworn statements from people identifying him as a Taliban fighter. There were several people in a group and some gave statement that they over heard someon..r,. saying they caught a Taliban fighter.

(U) Major (Flo) (h)(Rj presented the following information to the board:

" Z

1 14a b 1 1.4c

(b)(1 )1.4a, (b)(1)1Ac

(U) The recorder did el classified exhibits.

(U) The personal reprcientative did not offer classified exhibits,

(U) The president and : -.1erbers of the board voted on ISN 4191. The votes were then c lected and handed to the legal representative,

(U) The classified s ion adjourned at 1423, 2 June 2010.3

(U) [The detainee reviw board adjourned at 1423, 2 June 2010.]

[END OF PAGE)



S u ea m tile Detention Facjity fl rwan

SUB,..EC I)A 7 Jul 201 1 )

COORDINATION TO ACRO SIGNATURE i'SIT

ACTION ill 5GNATLJR (stiRNAr.4E),qR, AND a I DRB L Review!

Sign (b)(3), (b)(6) 44450, (hj(6)

".?..ecorcier Review

zd Review/ Advisor Sign

JTF 435

Director Legal Review , erations

(b (3), (b) 6)

UNCLASSIFIED VI EN SEPARATED FROM- ATTACHMENTS

SCJS TRACKING UMBER DATE Logged

_

SEPARATED j..R.01‘,11 Ali7ACIAMT NTS

RC i: OR IZEZ (''rt To obtain DC . JTF- 35 approval . or ;digtpp royal `.:o change c validate the, (DI iSN 4191 to be ;, .! wixhout cosf4iions from the DFIP.

ACT!..C.N C'irl,'' t.., NAM nisEcTioN T::.1 ONT: ''-::_ 1 1VI3ER:

CAP! Cl . 1 , --iTy- TIgspails,m2 (0:PR: ITIF 435 Dir . Legal • h 6\ ! .1 . )Fee-or :142 a C. ::crai ion,

DSN (b)(2) AT cc SapI:lug ',' ,:esi)op.sp.



Exhibit AC


Case4:06-cv-04234-PJH Document96 Filed10/23/07 Page1 of 28Case 1:09-cv-08071-BSJ-FM Document 89-29 Filed 12/02/11 Page 2 of 29




























Exhibit AD






























Exhibit AE


"Ille.p6int tfcontad. , for t lliolnp.r,indum is ('A Operations, iTT: 435, at DSiN

'op) 10 USC 130 b .00) Direclo 0.1 i. cad,

'bX2)

MPARTMENT :OF 'DEFENSE DEPuTY COMMANMR DETAINEE OPERATIONS

US FORCE:9 .AEGHANI.STAN JOINT TASK FORCE 4;?pf,c

APO AE '09366.

Yr.:J:7-435-1.A)

NIENIORANDU.N FOR. Commander, 'ask Force ProtecWr, Bag ram C id_ A gil ..a.nis tan, APO AF„. 09354

St..113,11X71: •I U Fe .br4ayy 201.0 Dt4inea Rew Board .(I).RB) Recom mendation Ir Corailit f.od Approvatuis;vproal for [SN f4(4

teview 41 tbe and ,,e.o.).113711,enrilii, kn o. d e Dith • 'eLI on 10 I.,'obrtiary 20i comttrning, .irge.rronL, rt t of I,04cta.1110. C. I NI•46q.. tbe recoinnlendatitm (hat 1..S. -s'N 1464 i;vin.mto he detained at the I) Facii•ilv in Parwki.n. approved.

2. Furitaf., be DRS s Tec-can.rnendation that SN '1464 bc ..a.i.4.:;%1!,ssod as an thiring.Seekirity 1.7hroat 'is appro.', -ed..

MARK S, MAJTS iritdier Go.neral. J.S, . 3i rm.). De play • CoMM i•Indg;'T

Bagram-CENTCOM-572


A..TT.F,T.TIC.14 or.

UNCLASSifIED.1171$4.40

DEPARTMENT OF DEFENSE DEPUTY COMMAN.D.f.:IR —PETAINEE OFERATIONS

US. FRC:t5 AEGHANISTAN JOENT.TASK FORCE. 435

APO AE O93

TM-4354,Q

MEMORANDU M 'FOR Coinmander, Task Force. 'Protector, l3a.gran' AirfiekL Afghanistan. APO AE 09354

SUBJECT: Ianuary . Detaince.geYiew Board (DRB) Re.0011111Iendaion for Continued. I merriment Approval/Disapproval for 1SN 3863

1. 1 reviewe.d the iindings.4nd xecommendation of the DRIB conducted on 7 11 an uary 20I 0 (On1trtirn t. internment of Detairte.QN 3863. .Afte7r firC:f1.11 C.omideratio :n., the. DRB's recommendaion that 1SN 3863 continue to be detained at the •elmion Niaity in Porwan approved.

2. Further,,.the.D.RB's recornmendzition that ISN 3863 be assessed as on Eaduring. Security "i -hreat is dispproved.

3, The . p.o.intbf contactfor:thiS.MCMorandurri is CAPT Operations.. InT: 435, at DSN

:b0),c4X3)10 Diy.T.etor of 1,e3,0I •

MARK'S. MARTIN Bligadier Cengral, U.S. Army Deputy Commander

kj

U NC teD/7

Elapram-CENTCOM.530


liER.3 TO eTE341101,1 or

SIT-4354,0

••••;g0'g .,:fr".

UNCLASS FIED/Irffthg-

DEPARTMENT OF DEFENSE DEPUTY COMMANDER — DETAINEE OPERATIONS

US FORCES AFGHANISTAN JOINT TASK FORCE 435

APO AE 09356

FEB 15

MEMORANDUM FOR Commander, Task Force Protector, Bagram Airfield, Afghanistan, APO AE 09354

SUBJECT; 20 January-2010 Detainee• Review Board (ORB) Recom endation for Continued Internment Approval for ISN 4037

1, I reviewed the findings.. and recommendation of the DRB conducted on 20 January 2010 concerning the internment of Detainee ISN 4037 After consideration, the DRB's recommendation that ISN 4037 continue to be detained at the Detention Facility in Parwan is approved.

2, Further, the DRB' S recommendation that ISN 4037 not be assessed as an Enduring Security Threat is approved.

3, The point of contact for this memorandum is CAPT tf0) 10 IJSC1,901,010) Director of gal

Operations, YIT 435, at DSN

MARK S. MARTINS Brigadier ,Cierteral, U.S. Army Deputy Commander

UNCLASSIFIEDiTreettga.

Bagram-CENTCOM-540


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