• Department or Defense Oftlce for tke Admballtndlve Rmew of tile Detentlo• ofEaemy Co•batub (OARDEC) at U.S. Naval Bue GdDtuamo .,,., Ca.ba 1000 Navy Pntap•, Wathlqtoa., D.C. ll350-1010 ACilON ML"iO FOR: Designated Civilian Official FROM: Director, SUBJECT: ADMTh'lSTR.ATIVE REVIEW BOARD ASSESSMENT AA'D RECOMMENDATION ICO ISN 015 (PAKISTAN) 0 ............ . o Intelligence iuputs used in tiH: ARB's determin8tioa of the IUbject ISN included: c The ARB rec:ommendcd that the following conditiona-bo eoosiderec:l: • • • • • o The LepJ Sufficiency Review (Tab A) and the Presidins Officer's As&cament and R.ecommendalion {Tab B) with eoclosmes, are 11taehed. ARB ROUND l GGCCO:l
Transcript
• Department or Defense
Oftlce for tke Admballtndlve Rmew of tile Detentlo• ofEaemy Co•batub (OARDEC)
at U.S. Naval Bue GdDtuamo .,,., Ca.ba 1000 Navy Pntap•, Wathlqtoa., D.C. ll350-1010
Attachments: Tab A OARDEC ASJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
SEGRET,«NOFORN
~LASSIF]Ep RICORP OF PBOCUDJNGS AND BASIS FOR ADMil'lS!RATJVE REvww BQABD ugsroN roa JSN ou
1. (L) Introduction
(U) The Administrative Review Board (ARB) detaminod ISN 015 continues to be a threat to the United States and its allies. In rw:hiog this dctmniDilion, the ARB c:onsidcrcd both classified and unclassified information. The following is an ICCOIDit of the proc:cedings and the factors the ARB used in making its determination.
2. (U) Synoptls of ProccediD.p
(U) The Enemy Combatailt (EC) chose to attend and CODSeCluentlY the board wu convened with the Enemy Combalant (EC) prCKDt. 1'he Desipated Military Officer (DMO) prc!CDted the unclassified summary, both in a written form and with an oral summary of the unclassified primary factors.
(U) The Assisting Military Officer (AMO) presented the Enemy Combatant Not:i.fication as Exhibit EC-A, identified hmin as Enclosure (2). The AMO then prcscnt.ed the Enemy Combatant Election Form as Exhibit EC-B, identified herein as EDclosure (3). Exbibit EC·B indicated that the EC chose to participate. The EC responded verbally to each allegation/statement in the t:nclassified Summary. His comments consisted of a linc--by·linc confinnation or denial of the bullets in paragraphs 3 and 4 oftbe unclassified summary. The EC llllSwercd a series of questions from the ARB, as documented in EncloSUJe (S), regarding his personallmowledge of known al Qaida members or leaders with wbom he is reported to have associated and his participation against United States and allied forces during the hostilities in Afghanistan. The Board also iDquired about the circumstanCe~ of his arrest.
(U) During the ARB, the EC claimed Pakistani soldim abused him when he was in Pakistan. The EC's allegations are documented in Enclosure (S) and paragraph 4.h of this report. ·
(U) The Board queried the DMO on details surrouading the EC's capture, and the AMO concerning the EC's behavior and willingness to cooperate durini notification.
(U) The unclusified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel memben reviewed the
· classified exhibits, asked the DMO and A.~O several questions that were answered satisfactorily and the session was 1heu closed for deliberation.
3. (U) Primary Docamtllb, AlleniMIIU. Tedmoay, aDd Odler Couidentioa.s by the Adllli.Distrative Review Board
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ln\•estigatioo (FBI), Crimina) Investiption Tuk Force (CITf) aod Joint Task forceGuanta.aamo Bay, Cuba (1TP-GTMO). u wall as other n1evara doe1DneDis were c:onsidcrcd by tbe ARB, and included within Enclosure (6).
(U) The foOowing government agenc:y assessments considered by 1he ARB are summ.ariz.ed as follows.
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4. (U) DUcutsioD of tle Priaauy Facton (iDdudiD1l.ateUipaee value and Jaw eaforoemeat value ol tile Eaemy Combataat)
(V) The ARB considered the above agency ~ts and the following key indicators in its threat and intelligence assessment oftbe EC:
a. (U) Recruitment
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• (U) The EC was reported by JSN 023 to have ~~ that he had four brothen who were also Taliban drivers. He claims these are actual brothers not just Muslim brothers (DM0-14). In tbc ARB the EC cla.i.mcd be bad just one broCbes" who was a Taliban driver.
b. (U) Travel. The EC traveled in locations known to be used or managed by terrorist organizations or the Taliban.
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c. (U) Training .
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d. (U) Com bit and ~· The EC wu captured in connectioa with the conduct of eombat or terrorist operations against the United States and its allies.
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e. (U) Orpnjytional affiliations. The EC bas been a known affiliate of organizations that espouse terrorist aDd violeut acts against the United States and its allies.
• (U) The HUM is a Pakistan-based Islamic militant organization (DM0-3).
f. (U) Indjyidu.al affiliations. The EC is known to have affiliations with individuals who themselves plan, or are mem.ben of, organizations that plan to carry out acts of terrorism or violence against the United Slates and its allies .
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• (U) The HUn is a Suoni extremist group that follows the Deobaodi tradition of Islam a.od was founded iD 1980 in Afghanistan to fight ill the jibld azainst the Sovieu. 1t is made up primarily ofPakistanis and foreign lslamists who are fighting for the liberation of Kashmir and iu accession to Pakistan (DM0-3).
• (U) The EC was identified u a member of tbe HUJI ,...,.,, .. 'U' •
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• LeT is the armed ~eligious orpnization, Markaz-
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ud-Dawa-wal-irshad, a Sunni Ulti·U.S. orpnization formed in 1989. The LeT was added to the U.S. Treasury Department's Office of Foreign Asset Control's list, which incJudes organiZMions that an: believed to terrorist
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g. (U) flstpg jn auppcm: of "'as .
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S. (U) Caasideratioaa; bl· tbe Admlalltntive Review .Bolrd oo tbe Eucmy Combataat's reques~a for Wieaess Saaiemeats and Home Coantry Stltn~ealll provided tbrough dM Uaited Stata
(U) The EC i& a citizen of Pakistan. No wiU\eSS or home COWlb'Y scatemenrs were provided.
6. (U) CnsuUatio•• with tbc MIDiDisantivc Review Board Lepl Advilor
7. (U) Coadusiou ud Recommtadatioa oftlae Adadalstntive Review Bo•rd
(U) Upon csreful review of all the information presented,. the ARB makes the follov.ing determination and recommendation: ·
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8. (U) Dtsleadllg Board Member'• report
(U) The panel reached a unanimous decision.
Respmfully submitted,
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Department of Defense Office for the Administrative Review
of the Detention of Enemy Combatants (OARDEC) at U.S. Naval Base Guantanamo Bay, Cuba
o Subject ARB was held on 13 July 2005 resulting in a unanimous recommendation to-. subject ISN based on the following:
o Intelligence inputs used in the ARB's detennination of the subject ISN included:
Dept of State
* Can be found in the assessment of DASD-DA (page 3 of DMO exhibit 4) and CIA's TD-314/30789-02 (page 2 ofDMO exhibit 21). DOS has not communicated this assessment directly to OARDEC.
o The Legal Sufficiency Review (Tab A) and the Presiding Officer's Assessment and Recommendation (Tab B) with enclosures, are attached.
Attachments: Tab A OARDEC SJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
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(U) Ck\SSIFIED RECQRD OF PROCEEPINGS AND BASIS OF AQMJNISTRATIVE R£YDW BOARP DECISION FOR ISN S8
l. (U) Introduction
(lJ) The Administrative Review Board {ARB) determined ISN 58 continues to be a threat to the United States and its allies. In reaching this determination. the ARB considmed both classified and unclassified information. The following is an account of the proceedings and the facton the ARB used in making its determination.
l. (l.J) Synopsis of Proceecliaas
(U) The Enemy Comba~ant (EC) chose not to attend the ARB. The Designated Military Officer (DMO) presented the unclassified summary, both in a written form and with an oral summary of the unclassified primary factors.
(V) The Assisting Military Officer (AMO) presented the Enemy Combatant Notification as Exhibit EC-A, identified herein as Enclosure (2). The AMO then presented the Enemy Combatant Election Form as Exhibit EC-B, identified herein as Enclosure (3). The EC chose not to participate, as shown in exhibit EC-B. The AMO verbally summarized the detainee's responses to the unclassified commenrs during tbe interview.
(U) The unclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel members reviewed the classif~ed exhibits and the session was then closed for deliberation.
3. {U) Primary Docameat.t, Anessmeat.l, Tertimoay, ud Other CousideratioDt by the Admiaiatrative Review Board
(U) The government agency asseuments considered by the ARB are summarized as follows:
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(U) CITF assessed the detainee as a mediwn threat and believes that furthc:r investigation could produce new information relevant to this case. Agency checks remain outstanding; however, in the absence of further information, the CITF recommends tbe continued detention of the detainee in the custody of the Department of Defense.
(S)
4. (U) DileUJiioD of tbe Primary Facton fmeladillc mtelliceaee value and law
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en forcemeat value of the Enemy Combatut)
(U) The ARB considered the agency assessments given in paragraph 3 above and the following key indicators in its·tlm:at and intelligence assessment of the detainee:
c. (U) Training: The detainee completed training at the al Qaida operated a1 Farouq trauung camp .
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d (ill Combat/Operational Experienc;e: The detainee has participated in teiTOrist trai:ting and hostilities against the U.S. and coalition forces, and maintains the capability to continue to do so .
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e. (U) Capt\J(e:
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f. <Ul Connectigns/Assodations: The detainee is assessed as a member of the aJ Qaida global terrorist network with linb to key facilitators of that network .
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g. (U) Bel]avior: Detainee has generally been non compliant, and aggressive .
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i. M Written and/or Oral Testimony from the Detainee:
• (U) The detainee did not provided written or oral testimony in response to allegations in the Undassificd SWIIJIWY of Evidence.
S. (U) Conaideratioaa by the AdiDIDittrative Revn Board oa tlae Eaemy Combataat's Requata for Witae11 Statemeata aad Home Co~mtry Statemeob Provided Tbroup the United Sutes
(U) The detainee is a citizen of Saudi Arabia.
6. (L) Coosultatioa& with tbe AdmiDiltntive Review Board LepJ Advisor
7. (U) Coodusioas ud Recommeadatioa of tbe Admtoistrative Review Board
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(U) Upon careful review of all the information presented. the ARB makes the following detennination and recommendation;
8. (U) DiaseatiDg Board Member's Report
(U) There were no dissenting members in the decis.ion.
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• Department of Defease
Offtca for tbe Admhtbtratlw Review of the Detutlea of Eaemy CH!Hiuta (OARDEC)
at U.S. Naval Bae GuaatuUIO Bay, Cllba 1000 Nny Peatlipll, Wulaiqtola, D.C. 20350-1000
0 • ....._":i_l,., _ _.. tJflq... -:• fl, • ~ : I '"'t ,, I I I I t ' ' f ,•lllfl =-h. I t '"'I
o The r...e.-1 Sufficieaey Review (Tab A) arul the Presiding Offtc::cr•s Aue•meat aad Recommendati0r1 (Tab B) with er~c101Ul'f1S, an: attached.
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Ataw:h:neata: Tab A OARDEC SJA Lepl Sufficicacy Review . Tab B Presiding Officer's Assesamclll L,d Rccommeoclation
Prepared by:
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(U) CLASSifiED RECORD OF PRocmJJNGS AND BASIS FOR ADM1NISIRATIYE REYIEW BOARD DiCISION FOR ISN 060
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1. (L)Iutroduc1ioo
((J) The Administrative Review Board (ARB) determined ~ 060 continues to be a threat to the United States and its allies. In reaching this determination,itbe ARB considered both classified and unclassified information. The followiDe is an ~unt bf the proce.dinp and the factors the ARB used in making its determination. '
2. (tr) Syaopsis of Proc:eedillp
(L 1 The ARB was convened and began its pt'OO"edings with cb.e Bnemy Comba13nt (EC) present. The Designated Military Officer (DMO) presented the unclauificd summary, both in written form and with an oral summary of Che unclassified primary! factors. 1'ht: Assistina Military Officer (AMO) p:esented the Enemy CombataDt Notification as Exhibit EC-A. the Enemy Combatant Election 1-'or.m indicating the EC cJcctcd to parti~ documented as Exhibit EC-B and a written sta!ement submitted by a lawyer on bebalf ofltbe EC as Encl~ ( 4), Exhibit ECC. The EC made a verbal .statement addressing each of~ factors cited in the unclassified su.nuruuy, repeatedly asserting thai he wanted to underst~D4 how be could address the factors in the classified summary if he was unable 10 view them. ~ EC thorousbly aswered & large number of questions from the Al~IO, DMO. aad ARB meaibers, as documented in Enclosure (6). The unclassified part of the proc;eeding was adjoumecl. 'I'bi:: ARB moved to the classified portion of the session and the DMO presented lhe classified summuy. The ARB memben bad no questions during the classified portion of the ARB. The sea ion was theo closed for deliberation.
(U) The ARB considered all relevant information and primiary factms in the exhibits presented as DM0-1 throughDM0-22.
(U) The following assessments considered by the ARB arc! summarized as follows:
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4. (L) Discuaion of tbe primary fadon (bldadinlllltilligellc:e value ud law eafarftDleat value of tbe Enemy Combatant).
(V) The information presented to the ARB supports the ttansfer of the EC for cootiDued detention. The ARB eonsidcred the following key iDclicaters in the decision to assess the EC as a continued threat to the u.s., and in its rccommeodation tor CODiinued detention.
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5. (U) Co•aideratloaa by tbe Admiaistrative Review Board on Enemy Coabatut's requests for wltaess statemeab ud home coutry stab!mats prori4ecl tlaroup ~~ Ullited States ·
(U) The EC is a citizen of Bahrain. No home country statements were provided. however the EC's lawyer submitted a written stalement on behalf of th4 EC; this is available as Enclosure (4), EC-C.
6. (U) Coaaultationa with tbe Admilliltratin Review Board Lcpl Advltor
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7. (U) Co a elusions and RecoiiUileadatioa of tile Admilfi'trative Review Board
(U) Upon careful review of all the information presented_ the ARB makes the foUowins dctennination and recommendation: ;
8. CLl Diuenti.Dg Board Member'• report
(U) There were no dissentina members in the decision.
Respectfully submitted,
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• Department of Defense
Offtee fw tM Adalalstntive Rniew of t•e Deteatlo'l of E111my Combatants (OARDEC)
at U.S. Naval Bue Gaaatanlllllo Bay, Cuba 1000 Nal')' Pentagoa, Wa1bingtoa, D.C. %1350-1010
o Subject ARB wu held OD 11 Auglllt 200S re&WtinJ in a unanimoua re&l(M'I'IIII'!.clationsubject ISN with c:oadilioal based OD the following:
o lnteUi&enc:e inputs Uled in the ARB'• detemUalioa oftbe subject ISN included:
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o Agency assessments foUow:
o The Legal Sufficiency Review (Tab A) .ad abe Praidina Officer's .Auessme:nt and Recommendation (Tab B) with encloaurea. an: •aachcd. .
Attachments: Tab A OARDEC ASJA Legal Sufficiency Review Tab B Presiding Officer's Anessment and Recommendation
Preparedby: ---------·
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3. (U) Primary Doeumntl, Alleumea11, TetdJDOay, ud other Co111ideratioat by tlae Administrative Review Board
(U) The following government agency assessments considered by the ARB are summarized as follows:
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4. (U) Discuai011 of tbe primary facton (IDeladillg illtelliJeace valac ud law ealonement value or the Eaemy Combataat).
(U) The information presented to the ARB supports tbe recommendations made by the reporting agencies.
(U) The .. Copies of Documented Evidence"' package was reviewed for information ftom agencies known to perform original intelligence collection (interviews) directly from the EC
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(CITF. FBI, and m-GTMO). For this reason, and the fact that other documents generally appear to have derived their information ftom them. tbe Board primarily cites those original intelligence collection c:locmnents. However, the Board cuefully considered all provided documents, and cites those that provide differina or additional information as well.
a. (U) Recruitment
b. (U) !!ml
c. (U) Combat and capture
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f. (U) Written and/or oral !fstjmopy from the EC (U) The Board took special note of the following items during deliberation:
• (U) The EC participated in the interview with the AMO but declined to participate in tbe ARB hearing.
g. (U} F actoll in gport of n;l.ease
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(U) No mitigating material was submitted on behalf of the EC.
• (U) No letters from family members regarding this EC were submitted. • (U) The Govemm.ent of Saudi Arabia did not submit a letter on behalf of this EC.
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5. (l.:) Couideratioaa bJ tile .w.iailtndvc Review BeNard oa Eae.y Com ...... t•s req•ests for witaeu Altemcna ad ba.e coaatry aflc..tDCI provided daroqb die Uaited States -
(U) The EC is a cltizaJ of Saudi Arabia.
(U) No witness or home COWl1ry atements were provided.
o l Sub$! ARB was held on J 2 Sepfember 2005 resulting in a unanimous recommendation t4.1 ubject JSJ~; based on the following:
o Intelligence inputs used in the ARB's detmnination of the subject IS!'l included:
o Agency assessments follow:
o The Legal Sufficiency Review (Tab A) and the Presiding Officer's Assessment and Recommendation witb enclostiCCS.
Attachments: Tab A OARDEC ASJA Legal Sufficiency Review Tab B Presiding Officer's AssCssmeot and Recommendation Tab C Morocco Diplomatic Note
Prepared by:
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(U) CLASSIF1ED BECORD OF PRQCEJDINGS ANI) BASIS FOB APMINJSTMIDE BEVIEW BOABD J)JCJSJON FOR ISN 75
1. (U) Introduettoa
(U) The Administrative Review Board (ARB) determined. ISN 75 continues to be a thlut to the United States and its aJlies and remains a medium a threat. In reaching this detemtinatio.a, tbe ARB considered both classified and unclassified information. The following is an account of the proceedings and tlte factors the ARB used in making its determ~A":·: ·:.
2. (U) Sy•opsis of Proeeedillp
(U) The Ene~y Combatant (EC) declined to attend the ARB, consequently the board "WU
conveneit and conducted iu proceedinaa wi1hout the EC being present. The Design8ted Military Officer {DMO) presented the Unc:lassified summary, both in a written form IDd with an oral summary of the unclassified primary factors.
{U) The ~ssisting Military Officer (AMO) presentccl the Enemy Combatant Notification as Exhibit EC-A, identified herein as enclosure (2). The AMO tiHm presented the Ealcmy Combatant Election Form as Exhibit EC-B, identified herein u enclosure (3). Exhibit EC-B indicated that the EC chose not to participate. The A.\tO verbally summarized the Detainee's comments during the interview.
(U) The Board queried the DMO on details surroundina tbe BC's capture, and the AMO concerning the EC' s behavior and UDWillingness to cooperate during DOtification.
(U) The: unclassified portion of the procceding was adjolD'Ded. The ARB moved to the classified session and the DMO presented the classified sum.mary. lbe ARB panel members reviewed the classified exhibits and the session was then closed for doli'bc:ration.
4. (U) Discussion of t•e Primary Fadors (ineludina ioteUiaeaee value aad law enforcement value of the Enemy Combatant)
(U) The ARB considered the above agency assessments and the following key indicators in its threat and intelligence assessment of1he EC:
a. (U) Rc:cruitm.ent
b. (U) Travel
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c. (U) Training
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d. (U) Combat agd r.aptwe
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e. (U) Orpniptjop.l a8itiatiogs
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f. (U) Bsbayior. Tho EC's behavior duri.Da iarmoptioa IDd dcladioa indicates he is capable ofpoaiq ~ tm-c.a.
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g. (U) Written end/or oral testimony from the EC
• (U) The EC provided no written or oral testimony.
5. (U) CoDJidentioaa by t•e Adlllilliltntift Rmew Board on tile E11eiD)' Coabttut'• requests for WitDesa Statements ud Home Coutry Stamaeau provided through tbe Uaitcd States
(U) The EC is a cit~en of Morocco.
6. (U) Coaaultatioas with Ole Admlaiatrative Review Board LepJ. Advisor
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7. (U) Coadusioas and Recommeadatioa of tbe Admiailtrative Revie"W Board
(U) Upon careful review of all the infomwion presented, the ARB makes the following determination and recommendation:
8. (U) Diueatiaa Board Member's nport
(U 1 The panel reached a unanimous decision.
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Department oJ Pefense Ofliee fOI' •• ~Review
of tile Detetdoa of ~aay Colllbatuat! (OARDEC) at u.S. Naval Bue ~tanemo Bay, Cllba
o Intelligence inputs used in the ARB's da.c:nniDation of the IUbjecalSN included:
o Ageot:;y atscamy:nts follow:
o The ARB recommended that the following cooditioas for trmtfer be conaidered:
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(U) CLASSIFIED RECOBD OF PBQCEEDJNGS AND BA$1S FOR APMUwJSIRA TIVE REVIEW BOA.RD DECISION FOR ISN t76
1. (L)Introdaetion
(U) The Administrative Review Board (ARB) determined ISN 076 continues to be a threat to lhe United States and its allies. In reaching this determination, the ARB considered both classified and unclassified information. The following is an account of the proceedings and the factors the ARB used in making its rec:ommendation.
2. (L') Syuopsb ofProceediags
(U) The Enemy Combatant (EC) chose to attend, and consequently the board was convened with the EC present. The Designated Military Officer (DMO) presented the unclassified summary, both in a written form and with an oral summary of the unclassified primary fac:tors.
(U) The Assisting Military Officer (AMO) presented the Enemy Combatant Notification as Exhibit EC-A, identified herein as enclosure (2). The AMO then presented the Enemy Combatant Election Forin as Exhibit EC-B, identified herein as enclosure (3). Exhibit EC-B indicated that the EC chose to appear befort! the ARB and wanted to respond to each statement of information in the unclassified SWDmary after it is presented. The AMO verbally summarized the EC's comments during the interview.
(U) The EC made a statement, consisting of a line-by-line confirmation or denial oftbe bullets in paragraphs 3 and 4 of the unclassified summary. The EC answered a series of questions from the ARB, as documenred in enclosUre (S). regarding his personal knowiedge of known Islamic Movement oft:zbekistan (IMU) members or leaders with whom be is reported to have associated, and his participation against United States and allied forces during tbe hostilities in Afghanistan. The Board also inquired about the circumstances ofbis arrest and his willingness to mum to Tajikismn if released or transferred.
(l. ') The: unclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel members reviewed the classified exhibits-and the session was then closed for deliberation.
3. (U) Primary Docomeub, Aueum~eoll, Testimony, ud OOer Co111iderations by the Administrative Review Board
SECRET 1/ NOFORN
ARB ROUND 1
ISN 076 Enclosure ( 4)
Page 1 of7
000039
SECRET N NOFORN
(U} The following government agency assessments considezed by the ARB m swnmarized as follows:
SECRET II NOFORN
ARB ROUND 1
ISN 076 Enclosure (4)
Paae 2 of7
000040
SECRET !/ NOFORN·
4. (U) Dilleuuioa of the Primary Faeton (iadudiq latemceace v•l•e aad law eafortemeut v•lae of tbe Eaemy CombalaDt}
(U) The ARB considered the above agency assessmenu and the following key indicators in its threat and intelligence assessment of the EC:
a. (U) RC(:ruitmept
•
b. (U) Travel. The EC traveled in locations kDown to be used or uumaaed by terrorist organizations cr the Taliban .
•
•
•
c. (U) JraiQina
•
•
ARB ROUND 1
SECRET II NOFORN
ISN076 Enclosure ( 4)
Page 3 of7
OOC<M:l
\ '
.SECRET If NOFOR~
•
•
•
•
•
•
•
•
•
d. (U) Combat and capture. The EC was captured in connection with the conduct of combat or terrorist operations against the United States and its allies .
ARB ROUND l
•
• • •
~ ~
----- -----~-~-----~ ~ ~----- ~
SECRET Jl NOFORN
ISN076 Enclosure ( 4)
Page4 of?
000042
SECRET N NOFORN
•
• •
e. (U) Orppiptjcmal tftj'iatjolll. The EC hu been a known affiliale of orpnizalions Chat espoWIC terrorist UJd violent ICCI qainlt the United States and ill allies •
•
•
f. (U) Behavior. The EC's beha'Yior clurinl iDUIIrOptioa and detention indicates that he is capable of posing a tlnlt.
•
• •
•
•
SECRET 11 NOfORN
ARB ROUND 1
ISN076 Enclosure (4)
PageS of?
000043
SECR&T !I NOFORN-
g. (U) Factors in support ofrelease
•
• •
•
• •
•
h.
i.
j.
ARB ROUND ~
-- -- -- -~ -- - - -~-- ---- -----
SECRET Jl NOFORN
ISN076 Enclosure (4)
Page6of7
000044
SECRET l! NOFORN
5. (U) Coaaidtratloat by the Admbailtratftre Review Board oa the IIMIIIJ Combatut•a nqaem for Wltaaa Stateantsud Hame Coaatry Stateaaeau pnmded tbroup die Uaited States
(U) The EC is a citizen of Tajikistan. No witDeu or bome counb'y statements were provided.
5. (U) Co•lidtraCioJII by tilt AdmJDtntiye Rmcw BHrcl oa die Ea.-y Codataat'a reqae.tl for Witaea Stataaellts ad Bo•e c ... u, StaceaMDta pi"'¥hkd throqb die U.Uced Stata
(U) The EC is a citizen of Uzbekistan. No wiiDIII or home COUDtry ltatcments were provided.
7. (U) Coacluio11 ad Reeo•-dltln oftbe Ad•iailtratiYt Review Board
(U) Upon careful review of all the iDfon:aalion prnenud. tbe ARB makes the following determination and recommendation:
The EC is a conliDue~ dnlt to the United Stata ud its allia. The EC is of intelfiaeace val~ ISN 014 be lliillliiliiiliiiiiiliililililllilllllil•
II. (tJ) Diantlq Boml M .. ber's report
(L ') The panel reached a UDIDimous decision.
SECRET ;; NOFORN
ARB ROUND l
ISN084 &closure ( 4) Pap6of6
000064
• Department of Defense
Oftla for die AdmlalstnUve RevieW of tbe Detendoa ef I.Daay Combatuc. (OARDEC)
at U.S. Naval Bale GaabulUDO Bay, CaM 1100 Na~ Peatatoa.. WuJdapon, D.C.l0350-1000
SBCD:SWN&IfOitNP
ACfiONMEMO
FOR; Designated Civiliao Official
FROM: Di.rmor. OARDc:p... •I Ia jt~j. SUBJECT: ADMINISTRA'RVE UVlEW BOARD ASSESSMDIT AND RECOMMENDATION
ICO IS~ OTI (TAJIKISTAN)
a Subject ARB was held on 01 December 2005 raulting in a majority RlCODlDlCOdation tosubject ISN based on the tbllc)Wllllr.
a lntcJligc:we inputs u.socl iD tbc ARB's dcte:rminaticm of the auiject JSN included: .
o The Legal Sufficiemcy Review (Tab A) and the Presidlna Officer's Aslelsmtlrt and R.ecommeadalioD (Tab B) with mclOIJUI'CI, are attadlc:d.
Attachments: Tab A OARDEC ASJA Legal Sufficic::oc:y Review Tab B Presiding Officer's &sesament and Recommendation
Prepared by:
ARB ROUND 1 000046
SECRET!lNOFORN
(U) CLASSJNP SECOBD OF PROCEEDINGS M'D BASIS Of APMINISIRATI\'E REVIEW BOABJ) Dt:QSION FOR ISN 077
1. (U) IDtrodnction
(C) The AdministratiVe Review Boud (ARB) detmnined ISN 077 to be a--threat to the United States and its allies. In reaching this detmDiaation, the ARB eonsidmd both classified IUld unclassified infonnation. The following is an account of the proceedmgs and the factors the ARB used in making its determination.
2. (U) Synopsis of Proeeedillp
{U) The enemy combatant (EC) chose not to attend tbe ARB. The Assisting Militaey Officer (AMO) presented the Enemy Combatant Notification as Exhibit EC-A, identified as enclosure (2). The AMO then presented the Enemy Combatant Election Form u Exhibit EC-B, identified as enclosure (3).
(U) The Designated Military Officer (DMO) then presented the unclassified summuy, both in a written form and with an oral summary of the unclusified primary factors.
(U) The unclassified portion of the proceeding was adjourned. The ARB moved to the classified session BDd the DMO presented the classified SUIDDliJ'Y. The ARB panel members reviewed the classified exhibits and the session was tben closed for deliberation.
3. (lJ) Primary Donments, Aue~~~~~eatl, Teatlmoay, aad Other CoDJideratiooa by dae Administrative Review Board
(U) The government agency assessments COil!idered by the ARB are summarized as follows:
SECRETI/NOFORN-
ARB ROUND 1
ISN077 Enclosure (4) Page 1 of6
0000£;.7
SECRETNNOFORN
(S/l~r)
4. (U) Di.scuasioa of the Prillluy Fadon (iacld.iq intelligeace valae and law co forcemeat valae of the Eaemy Co•bataDt)
(U) The ARB considered the agency assessments given in paragraph three above. The ARB also considered the following key indicators in its threat ·and intelligence assessment of the EC:
SECRETl/NOFORN
ARB ROUND 1
ISN071 Enclosure (4) Page2 of6
I
000048
SECRETI/NOFORN
a. (U) Training
•
b. (L1 Combat/Qperationa1 Experience
•
•
•
•
•
•
•
•
ARB ROUND 1
- ~~ ~ - - ~ - - -- - - -~ - - - ~- -
-- -- -- -~- - --- -- ~ -- - -- ----- -- ~
SECRETHNOJ!ORN
ISN 077 Enclosure (4) Page 3 of6
ARB ROUND 1
SECR~Ti/NOFORN-
•
0
0
e.
f. (U) Written qd/qr Oral Testimoqy !rom the EC. The EC did not provide a written response to allegatiocs stated in the Unclanified Su:mawy of Evidence. The EC did not provide oral testimony dwing the Administrative Review Board (ARB). The EC did make oral comments teguding tbe ARB process and some of the allegations in the unclassified smnmary during his AM:O interview. Those comments arc included with enclosure (3).
• (S/INF)
• -- --- -- --- -- -~ ~- -- --~- ~ -----
SECRETNNOFORN
ISN 077 Enclosure ( 4) Page4of6
000050
SECRETNNOFORN
•
•
5. (U) CoDsJderatiou by the Admiaistrative Review Board oa dte Eaemy Combatut'a ReqDesta for Witlleu Statemeatl aad Home Coaatry Staceate11tl Provided Tbro•gb tbe United States
6. (U) Coasu.Jtado•• wida the Admiaistrative Review Board L•al AdYisor
(L)
7. (U) Co111cl•lioaa ud Recommeadatioa of die AdlllirUstndve Review Board
SEC~!THNOFORN
ARB ROUND 1
lSN 077 Enclosure (4) Page .5 of6
000051.'
SECRETNNOFORN
(U) Upon can:ful review of all the information presented, the ARB makes the following determination and recommendation:
8. (U) Dille11tiug Board Member'• Report
-- ---- -~ -------~- ~ -- - ~ - --- -~ -- ----
SECRETt'I~~OFORN.
ISN077 Enclosure (4) Page 6of6
ARB ROUND 1 Oooor:r) ··-~"""
6ECfti!T#NOPORN
From: Dissenting Officer of Administrative Review Board Panel (ARB} t#28 (U) To: Presiding Officer (U)
Subj: (L') MINORITY ASSESSMENT AND RECOMMENDATION FOR TilE ADMINISTRATIVE REVIEW OF rnE DETENTION OF ENEMY COMBATANT ISN 077 (U)
1. (U) Dissent for tile FoUowiq Reasons
2. (L) Buis for DlsaeDt
SEORET//NOFORN
ARB ROUND 1
ISN077 Enclosure (S) Page I of5
000053
SEOREli'fNOFORN
3. (U) Primary Documata, A.lea1mea11, Tesdmoay, ud otber Ceadderatiou by the Disseattng Melllber
(U) The following assessments considered by the Dissenting Ofti.ccr are summarized as follows:
SECRETNNOFORN ·
ARB ROUND 1
ISN077 Encloture (5) Page 2of5
000054
SECRETHNOFORN
4.(V) DisCUJSioo of the Primary Fac:ton
(U) The ARB considtmd the a~y assessments given in paragraph three above. The following key indicators in its threat and intelligence assessment of the EC:
a. (U) Trainigg
•
•
•
•
•
ARB ROUND 1
--- -- - ~~- - - - - -- - - ~ - --------- ----
SECRETJ/NOFORN ISN 077 Enclosure (5) Page 3 ofS
SECRET//NOFORN
•
•
•
•
c. {C) C§pture
•
f. (U) W.riqen ancVor Oral TestimonY fiom the EC. The EC did not provide a written respoD$e to allegations statl:d in the Unclassified Summary of Evidence. The EC did not provide oral testimony during the Administrstive Review Board (ARB) .
.SEGRETHNOFORN
ARB ROUND ~
ISN077 Enclosure (5) Page4of5
000056
&&CRET/INOFOftN
g. (U) Factors in syp;ort of release
•
S. (L1 Coac:lasiou ••d RecommeDdation of tbe DiaeatiD1 Member
(U) Upon careful review of all the iDfonnation presen~ed. the Dissenting Officer makes the following determination and recommendation:
Respectfully submitted,
SECRI!T#NOFORN
ARB ROUND 1
ISN077 Enclosure (5) Page 5 ofS
000057
• Department of Defense
OfDce for tbe Admlnlstradw Review of the DeU.tio. of Eaemy Combaluts (OARDEC)
at U.S. Naval Bue Gua~~tuamo Bay, CalM 1000 Navy Paatagoa, Waabiagton, D.C. 213~1000
Attachments: Tab A OARDEC ASJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
000059
SECRET fl NOFORN
(U) CLASSIFIED UCORD OF PROCEEDINGS Aa:W BA§IS FOR APMINISTMTIVE REVIEW BOARD QECISIQN FOR ISN 084
1. (U) Introduction
(U) The Administrative Review Board (ARB) determined ISN 084 continues to be a..., threat to the United States and its allies. In reaching this determination, the ARB considered both classified and 1D1Ciassified information. The following is an ~colDll of the proceedings and the factors the ARB used in making its rec:ommendation.
1. (U) Synopsis of Pl"oceedillga
(U) The Enemy Combatant (EC) chose to attend, and consequently tbe board was convened with the EC present The Designated Military Officer (DMO) presented the unclassified swnmary, both in a written form and with an oral summary of the unclusificd primary factors. The Assisting Military Officer (AMO) presented the Enemy Combatant Notification as Exhibit ECA, identified herein as enclosure (2). The AMO then presented the Enemy Combatant Election Fonn as Exhibit EC-B, identified herein as enclosure (3). Exhibit EC·B indicated tbat the EC chose to appear before the ARB and wanted to respond to each statement of information in the unclassified summary after it is presented. The AMO read his comments from his ARB interviews with the EC, then verbally summarized the EC's comments during the interViews.
({;) The EC made a brief statement, herein identified as enclosure (S). In summary, the EC stated that he had met with a lawyer who advised him not to answer any questions, however he wanted to continue to participate in the ARB. The DMO read the unclassified summary and the EC ·was given the opportunity to comment line-by-line on the evidence in paragraphs 3 and 4. The EC stated that on the advice of his lawyer he would not respond to the evidence. However, the EC ended ""-:ith a short verbal statemenl The ARB attempted to ask additional questions to clarify the unclassified summary. but the EC would not respond as advised by his lawyer. All EC testimony and comments are included in enclosure (5).
(lJ) The Board queried the DMO on details surrounding the EC's capture, and the AMO concerning the EC's behavior and willingness to cooperate during notification. The EC was cooperative and very polite during his interview and the ARB.
(U) The unclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel members reviewed the cl.assified exhibits and the session was then closed for deliberation.
3. (U) Primary Doeameats, Alses~mea11, Tatimo•y, ud OtllerCoauderatio•• by tbe Admlniltratin Review Board
SECRET It NOFORN
ARB ROUND 1
ISN084 Enclosure ( 4) Page 1 of6
OOOOGO
___ ..;__ ___________________________ ··-·--·· Si:CRET N NOt-ORN-
(t;) The following government agency assessments considm:d by the ARB arc summarized as follows:
SECRET If NOFORN ·
ARB ROUND J.
ISN084 Enclosure (4) Page 2 of6
000061.
SECRET h' NOFORN
• (U) CITF believes that further investigation may produce new information relevant to this case, since several agency checks remain outstanding. However, in the absence of further information, CI1F recommends the transfer of the EC to the custody of another · government for continued detention and monitoring.
4. (U) Discussion of the Primary Factors (iacludiDg intelligence value and law enforcement value of the Enemy Combatant)
(U) The ARB considered the above agency assessments and the following key indicators in its threat and intelligence assessment of the EC:
a. (U) Recruitment
•
•
b. (U) Travel. The BC traveled in locations known to be used or managed by terrorist organizations or the Taliban .
•
SECRET h' NOf"ORN
ISN084 Enclosure (4) Page 3 of6
oooo61A
SECR!T If NOFORN
c.
d. (U) Combat and capture. The EC was captured in connection with the conduct of combat or terrorist operations against the United State$ and its allies. • (U) ISN 121 was shown a picture of the EC and identified him as a person he
observed etKonduz, Afghanistan in combat (DM0-15) .
•
•
e. (U) Qmnizational affiliations. Tbe EC has been a known affiliate of organizations that espouse terrorist and violClll acts against me t:'uited States an4 its allies .
•
•
a (U) IMU is a coalition oflslamic militaDts from Uzbekistan and other Central Asian Slates opposed to Uzbekistani President Jslom Karimov's secular regime. Although the IMU's primary goal remains to overthrow Karimov and establish an Islamic state in Uzbekistan, L\1U politic:al and ideologie&lleaderTobir Yoldashev is working to rebuild the OJ11DizatiOD and appears to have widened the JMU's targets to include aU those he perceives as fighting Islam (DM0-3).
f. (U) Individual aftiiiations. The EC is known to have affiliations with individuals who themselves plan, or are members of organizations that plan. to carry out acts of terrorism or violence against the United States and its allies.
SECRET h' NOFORN
ARB ROUND 1
ISN 084 Enclosure {4) Page4 of6
000062
SECRET fl NOFORN
g.
h. (U) Written and/or oral testimony from the EC
i.
j.
• (U) The EC staled that on the advice of his lawyer he would oot respond to each allegation/statement in the unclassified summary. Ho"We'Yer. the EC ended with a short verbal statement. His comments are included in enclosure (5).
SECRET II NOFORN-
ISN084 Enclosure ( 4) Page 5 of6
000063 ARB ROUND 1
\
SEGRET ll NOFORN
k.
S. (1J) Co•lidtratioDI by Oat Aclmlailtntlve Rmcw Beard oa tile 111.-y Coadtatut'a reqaeeta for Wita• StataHDtlud Bcae Couv, StaiiiDalD pnwhltd throqb dte UaicedStata
(U) The EC is a citizen ofUzbeldstaD. No wibleu or home COWitl'y statements wete provided.
Attachments: Tab A OARDEC SJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
000066
S£GRETINOFORN·
(U) CLASSIFIED RECORD OF PROCEEDINGS AND BASIS FOR ADMINISTRATIVE REVIEW BOARD DECISION FOR ISN 094
1. (U) Introduction
(U) The Administrative Review Board (ARB) determined ISN 094 continues to be a threat to the United States and its allies. In reaching this determination, the ARB considered both classified and unclassified information. The following is an account of the pi'OC"A"Ainp and the factors the ARB used in making its detennination.
l. (U) Syaopais ofPI-oceed.illp
(U) The Enemy Combatant (EC) declined to attend the ARB; consequcmly the Board was convened and conducted its proceedinp without tbe EC being present. The Designated Milita:ry Officer (D~O) presented the tmelusified summary, both in written form and with an oral sumnuuy of the unclassified primary factors.
(U) The Assisting Milita!y Officer (AMO) presented the EDcmy Combatant Notification as Exhibit EC-A, identified herein as Encloaure (2). The AMO then presented the Enemy Combatant Election Form as Exhibit EC-B, identified herein as Enclosure (3), indicating tbe EC declined to cooperate.
(U) The Board queried the DMO on details surrounding the EC's capture, and the AMO concerning the EC's behavior and willingness to cooperate during notificatioo. EC declined any involvement.
(U) The UDclassified portion of the proceeding was adjoumed. The ARB moved to the classified session and the DMO presented the classified summary. The ARB panel members reviewed tbe classified exhibits and 1he session was then closed for deliberation.
(U) The following government ageocy usessment:t were considered by the ARB. They BR summarized as follows:
SECRETINOFORN
ARB ROUND 1
ISN094 Enclosure ( 4)
Paae 1 of6
000067
I
I
SEGRET/NOFORN'
(~"F)
~- - ~ - ~ - ~ - - - - - - -
4. (U) Diseallioa of tlle primary facton (iatludiq illtelliceaee vtlae ud law esforeemeat valae of the Eaelll)' Combataut).
(U) The information presented to the ARB supports the NCOmDMDdatioas.
-&EGRE'f/NOPORN
ISN094 Enclosure ( 4)
Page2of6
ARB ROUND 1 000068
SECAETfNOFORN ·
SECR!TJNOFORN
ARB ROUND 1
ISN094 Enclosure (4)
Pagc3 of6
000069
..
f.
b.
1.
ARB ROUND 1
S!CRET/NOFORN ·
(SINF) I. (U) The EC provided no wriaen testimony. 2. (U) The EC chose not to 3. -
13ECRETfNOFORN
ISN094 Enclosure (4)
Pqe4of6
000070
S£GRETJNOFORN ·
SECA&TINOFORN
ARB ROUND 1
IS~094 Enclosw-e (4)
Page 5 of6
000071
SECRETINOFOPtN
5. (U) Couldentiou by tb.e Adlnlalltratift Revkw Board Oil Eaemy Combatut'a requem for witlless alatemeatJ ad home eeaatly statem•u pnmded daroup tile Ulllted States .
(U) The EC is a citizen of Saudi Arabia.
(U) No witnesses or home country statemenb were provided.
6. (U) CoiUllltatioas wida the AdmiDII1ntive Review Board Legal Advllor
(U)
7. (L) Coaelaliolls md Reeommeadatio• of ... Ad•iailtntfve Rlview Board
(U) Upon careful review of all the information presented., the ARB makes the following dctcnni.nation and rec:ommeodalion:
8. (U) Diannuc Board MeJBber's report
(U) The panel reached a unanimous decision.
-8E6ftE!T1NOFORN
ARB ROUND 1
ISN094 Enclosure (4)
Page6of6
000072
- •. ~------------------------------------,
• Department of Defense
Oflke for tbe Acbaiailtn.tiYe Review of tbe Deteatloa of Eaaay CoiDbatants (OARDEC)
at U.S. 1\aval Base G•uttaUM Bay, Cuba 1000 Navy Peatqoa, Wuklnama., D.C. 20350-1001
o The Legal Sufficiency Review (Tab A) and the Presiding Officer's Assessment and Recommendation (Tab B) with enclosures, are attached.
Or: Continue to Release ------~ -------
Attachments: Tab A OARDEC SJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
SECR!E:P/,'tl9F9R)Ilv 000074
SECRETI/NOFORN
(U} CLASSIFIED RECORD OF PROCEEDINGS ANP BASIS FOR ADMlNJSTRAID'E REVIEW BOARD DECISION fOR ISN 095.
1. (U) latrodac:tioD
(U) The Administrative Review Board (ARB) determined ISN 095 continues to be a threat. to the United States and i1S allies. In reaching this detcrmiDition, the ARB considered bolh classified and unclassified information. The following is an acc:OUDt of the proceedinp and dle factors the ARB used in making its detcnuination.
l. (U} SyaopaiJ of Proceedillgs
(U) The ARB was convened and began its proceedings without the Enemy Combatant (EC) present. The Designated Military Officer (DMO) presented tbe unclassified sununazy, both in written form and with an oral summary of the UDC)assified primary factors. The Assisting Military Officer (AMO) presentod the Enemy Combatant Notificatioo as Exhibit EC-A, identified herein as Eoclosure (2). The AMO also presented the Enemy Combatant Eleetion Fonn as Exhibit EC-B, ideDtiJied herein as Enclosme (3). Exlubit EC-B indicales the EC chose to decline to participate or appear at his ARB. The EC indicated be did not want to appear due to .. no particular reason." The board uked questions to further clarify the information in the unclassified summary. The unclassified part of the proceeding was adjourned. The ARB moved to the classified portion of the session and the DMO presented the classified summary. The session was then closed for deliberation. During deliberation the board strongly considered the Enemy Combatant's background. travel. associations, training, and his ultimate capture in Afghanistan.
3. (U) Primary Dotamea11, AJaeameau, Testimony ud other Coasideratiou by tb.e AdmiDistratlve Reriew Beard
(U) The following assessments considered by the ARB are summarized as follows:
9ECRET//NOFORN
ARB ROUND 1
ISN09S Enclosure ( 4) Pagel ofS
000075
SEGRETI/NOFORN
•
4. (U) Di~CUJ~iou of the primary .factan (illdadiaiiDtelliceaee vabae ud law enforca~~eat value or Cbe Enemy Combetut)
(U) The preponderance of the information preseDied to the ARB ARB considered the following decision to threat 10 the u
a.
b.
SECFtE!THNOPORN
ARB ROUND l
IS~ 095 Enclosure (4) Page 2 of5 ·
OC~07G
SECRET/INOiiiQRN
SECR~T71NOFORN
ARB ROUND 1
Enclosme (4) Page 3 ofS
000077
---------------- -· -
SECRETI!NQFORN
i.
j.
k.
1.
m.
n.
S. (U) Coasideratioaa by the AdmiDiltrative Rft'iew Board OD Eaemy Combataat'1 requests for witaess stat.meatl ud llome ceaatry statemeats provided throup tbe United States
(L1 The EC is a citizen of Saudi Arabia. No witness or home country statements were provided.
6. (U) Coualtatiou with tbc Mmiailtrattve Review Board LepJ AdvJsor
(U)
7. (U) Coadulioaa •ad Rec:ommeaclatioa of the AdmiDJitntive Review Board
SECRETI/NOFORN
ARB ROUND 1
ISN 095 Enclosure (4) Page4 ofS
000078
SEGRETJINOFORN
(U) Upon careful review of all the information pn:senUld, the ARB makes the following determination and recommendation:
State& and its alliea. Recommend-
8. (li) Dlaeatiq Bo•rd Member'• report
(U) There were no dissenting members in the decision.
Respectfully submitted,
SEORETHNOFORN
ARB ROUND 1
ISN095 Enclosure ( 4) PageS of5
000079
• Department of Defense
Oflke for tlae Admlailtradve Review of tbe DeteadoD of Eaemy ColllbataDtl (OARDEC)
at U;.S. Naval Bue Guaataaame Bay, Cuba · 1000 N•vy Pelltqoll, Walllqtoa, D.C. 203!0-1000
5BE!RI!'PIIIW'JOitN
ACI'IONMEMO
FOR: Designated Civ:iliao Official
FROM: DiRctor,OARD~'\~\w SL1iJECT: ADMINISTRA~ REVIEW BOARD ASSESSMBNT AND RECOMMENDATION
ICO ISN 103 (CHINA)
o s;ect ARB wu held on lS Dcccmbc:r 2005 raWtiDa in a unanimmll ~n to subject JSN based on the following:
o lntelligeoc.e inputs used in the ARB's det.c:rminaDcll of the IUbject ISN iDchldcd:
DASD-DA
FBI
I . • : ·.4 , ""' ,a,· .,...... ~l lit • w'
ARB ROUND 1 000080
SECRET//NOFO~
(U) CLASSIFIED RECORD OF PROCEEDINGS AND BASIS OF ADMJNISTBA'[IYE BEVIIW BOABQ DECISION fOR ISN 113
1. (U) latrodactioa
('{;) The Administrative Review Board (ARB) determined ISN 103 continues to be a threat to the United States and its allies. In reaching this detennination, the ARB considered both classified and tmelassified information. The following is an account of the proceedings and the factors the ARB used in making its determination.
2. (U) Syuopsis of Proeeediap
(U) The Enemy Combatant (EC) chose to attend the ARB. The Designated Military Offtcer (DMO) presented the unclassified summary, both in a written form and with an oral summary of the unclassified primary factors.
(U) The Assisting Military Officer (AMO) presented the Enemy Combatant Notification as Exhibit EC-A, identified as enclosure (2). The AMO then presented the Enemy Combatant Election Form as Exhibit EC-B, identified as enclosure (3). The EC chose to participate in the ARB and responded after the t.:nclassificd Summary of Evidence was presented.
(l,) The wclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the clusified summary. The ARB panel members reviewed the classified exhibits and the session was then closed for deliberation.
3. (U) Primary DocumeatJ, Aueumeats, Testillloay, ud Otlaer Coasicleratloa1 by tbe AdmiDistrative Review Board
(U) The government agency assessmerrts considered by the ARB are summarized as follows:
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(U) SOU1liCOM assessment is not provided.
4. (l.J) Diacauioa or tbe Primary Facton (iDcl•cUDa iatellipue valae aad law eafon:emeat value of tile Eaemy Combatut)
(li) The ARB coosidercd the agency assessments given in paragraph three above and th~ following key indicators in its threat and intelligence assessment of the EC:
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c. (U) Combat/Operational Experience
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d. (L} Capture
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g. (U) Written and/or Otal Tmmnny from the EC. The EC provided an oral response to allegalions stated in the Unclassified Summ.aryofEvidence.
h. (L1 Other
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i. (U) Factors in syppot1 ofrclCMC
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S. {L) Coalhiendou by tile Adlllfaillnthre Rm.w Board oa tbe baiY Comba ... t'a Requeets for Witaae Sta ... eallad Ho .. CRDtry Statelaeatl Provided TJaroap llae u.s.
(U) The EC is a citizen of Chiu. No witness or home COUDrJy stataneDts provided.
o The Legal Sufficiency Review (Tab A) and the Presiding Officer's Assessment and Recommendation (Tab B) with enclosures, are attached.
___ _. Release, __ _
Attachments: Tab A OARDEC SJA Legal Sufficiency Review Tab B Presiding Officer's Assessment and Recommendation
Prepared by:
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(U)CWSJDID RICORQ OF PB.OCJQJNGS AND BA81S FOR ADMINISTRATIVE REVIEW BOABJ) PECJSION FOR JSN 10!
I. (U) latrodactioa
(U} The Administrative Review Board (ARB) det.elmined ISN 105 continues to be a threat to the United States and its allies. In reaching this determination, the ARB considered both classified and unclassified information. The following is an acrount of the proceedings and the factors the ARB used in making its detenniaation.
2. (L) Synopdl orProceecliap
(U) The Enemy Combatant (EC) declined to atti:Dd the ARB, consequently the board was convened and conducted its proceedings without the EC being p"'scnt. The Designated Military Officer (DMO} presented the unclassified summary, both in a written form and with an oral summary of the unclassified primary factors.
(U) The Assisting Military Officer (A.\iO) presented the Enemy Combatant Notification as Exhibit EC·A, identified herein u EDelosurc (2). The AMO then presented the Enemy Combatant Election Form as Exhibit EC-B, identified herein as Enclosure (3). Exhibit EC-B indicated that the EC chose not to participate. Tbe AMO verbally summarized the EC's comments during the interview. During his comments the EC confirmed tbat he went to Afghanistan to fight in the jihad with the Tali ban and that he answered an Islamic fatwa issued by Hamoud al Aqla to go for the jihad in Afpanistan.
(U) The Board queried the DMO on details surrounding the EC's capture. and the AMO concaning the EC's behavior and willingness to ~perate during notification.
(U) The unclassified portion of the proceeding was adjourned. The ARB moved to the classified session and the DMO presented the clusified summary. ARB members bad questions that were answered satisfactorily. The ARB panel members reviewed the classified exhibits and the session was then closed for deliberation.
(U) The following government agency usessments considered by the ARB are summarized as follows:
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4. {U) Discussion of the Primary Factora (iodudinc inteWaence valae .. d law eaforc:emeat value of the Eoemy Combatut)
(lJ) The ARB considered the above agency assessments and tbe following key indicaton in its threat and intelligence assessment of the EC:
a. (U) ReCDJitment.
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• b. (l.) TraveL The EC traveled in locations known to be used or managed by terrorist
organizations or the Taliban .
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c. (U) TraininB .
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d. (U) Combat and capture. The EC was captured in counection with the conduct of combat or terrorist operations against the United States and its allies .
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• (U) LT is the armed wing of the Pakistan based religious organi.Dtion, Markaz-udDawa-wal-Irsha.d (MOl). a Sunni anti-U.S. missionary organization formed in I 989. The L T bas conducted a number of operations against lDdian troops and civilian targets·
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e. (1..') Organjzarional affiliations. The EC bas been a known affiliate of organizations that espouse terrorist aud violent acts against the United States and its allies.
• (S) • (L) is the armed wiDJ oftbe Pakistan hued religious organization, Markaz·ud·
Dawa-wal-lrshad (MOl). a Sunni anti-U.S. missionary organimtion formed in 1989
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f. (U) Individual affiliatiON. The EC iB known to have affiliations with individuals who themselves plan. or are members of. organizations that plan to carry oot acts of terrorism or violence against the United States and its allies .
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g. (U) Behavior. The EC's behavior during in!errogation and detention indicating he is capable ofpQsing a~
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h. (U) Other government conmn.
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3. (U) Coasideratioas by the AdJIIilistntive Review Board oil the E~~emy Combataat•s requests {or Witlless Statemeatl and Rome Country Statements provided tbroagb tbe United States
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(U) Tbe EC is a citizen of Saudi Arabia. No witness or home country statements were provided.
6. (U) Cousaltatioas willa the Admlalatrative Rt¥iew :&o.rd Legal Advisor
(U)
7. (U) Coaduions aad Recommeudatiou of the Adllllaistratlve Review Board
(U) Upon careful review of aU tbe information presentrd. the ARB makes the following determination and recommendation:
(U) The EC is a continued~ to the United States and its allies. The EC is of
