CSRT Decision: Muhammad Abd al Nasir Muhammad Khantumani (ISN 312)

<p>Tribunal determined that the detainee in question has been accurately classified as an enemy combatant and that he supported Al Qaida forces against the coalition. Detainee is a Syrian national who trained in Afghanistan for military combat and whose father is veteran Mujahidin fighter (ISN 307). Detainee denies alliance with Al Qaida or Taliban and claims to have no knowledge of his father's activities in Afghanistan. Detainee was arrested in Pakistan after the fall of Kabul.</p>

Doc_type: 
CSRT
Doc_date: 
Thursday, December 9, 2004
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

UNCLASSinED SUMMARY OF BASIS FOR TRIBUNAL DECISION (Enclosure (1) to Combatant Status Review Tribunal Decision Report) TRIBUNAL PANEL: .#20 ISN #:.312 1. Introduction As the. Combatant Status Review Tribunal (CSRT) Decision Report indicates, the Tribunal has determined that this detainee is properly classified as an enemy combatant and was part of or supporting al Qaida forces and associated forces that are engaged in hostilities against the United States or its coalition partners. In reaching its conclusions, the Tribunal considered both classified and unclassified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered by the Tribunal is discussed in Enclosure . (2) to the CSRT Decision Report 2. Synopsii of Proceedings.• The Tribunal onducted'this hearing on 9 December 2004. The Recorder presented Exhibit R-1 and R-2 during the unclassified portion of the Tribunal. The principal exhibit, the Unclassified Summary of Evidence (Exhibit R-1), indicates, among other things, that the detainee is associated with the Taliban or al Qaida; the detainee traveled from Syria to Afghanistan in 2001; the detainee's father is a veteran Mujahidin fighter; the detainee trained atalliltraining camp in 2001; thelnlitrainkig_c_a_mp was a basic training facility for Jihadists against the coalition; while at .the detainee trained on the KalishmIcov rifle, pistols, light weapons, grenades, and the Bike weapons system; the detainee admitted to traveling through the Tort Bora Mountains in Afghanistan; the detainee was in Kabul, Afghanistan when it was defeated; and, alter the fall of Kabul, the detainee fled to Jalalabad and subsequently to Pakistan, where he was arrested. The Recorder called no witnesses. The detainee participated actively in the Tribunal proceedings. He submitted a written statement, Exhibit D-b, and then answered Tribunal members' questions. The detainee's swam testimony and the answers to the questions posed to him are summarized in Enclosure (3) to the CSRT Decision Report The detainee called one witness. During the classified session of the Tribunal, the Recorder presented Exhibits R-3 through R-24, commenting that Exhibits R-3 through R-8 supported the Unclassified Summary of Evidence and Exhibits R-9 through R-25 provided amplifying information. The Personal Representative presented Exhibits D-c and D-d, providing brief comments. After considering all of the classified and unclassified evidence, the Tribunal determined that the detainee is properly classified as an enemy combatant •.UNCLASSIFIED/M:4M-. ISN #312 Enclosure (1)Page 1 of 3 3o 6S-1 NOV00109 DODDON-000511 3. Evidence Considered by the Tribunal The Tnbunal considered the following evidence in reaching its conclusions: a. Exhibits: R-1 through R-24, and D-a through D-d. b. Testimony of the following person: ISNIIIIIIIMINI1111111.11111111111111111See Enclosure (3) to the CSRT Decision Report). c. Sworn staterneirt of the detainee: See Enclosure (3) to the CSRT Decision Report 4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses The 'detainee's one witness request, for his fatherMEW was approved. See Enclosure (5) to the CSRT Decision Report The detainee requested sub additional evidence be produced. 5. Discussion of Unclassified Evidence The Tribunal considered the following unclassified evidence in making its determinations: a. The Recorder offered Exhibits R-1 and R-2 into evidence during the =classified portion of the proceeding. Exhibit R-1 is the Unclassified Summary of Evidence. While this summary is helpful in that it provides a broad outline of what the Tribunal can expect to see, it is not persuasive in that it provides conclusory statements without supporting unclassified evidence. Exhibit R-2, the FBI redaction certificate, provided no useful information. Accordingly, the Tribunal had to look to other evidence to support the assertions in the Unclassified Summary of Evidence. • b. As noted in paragraph 2, aboie, the detainee submitted a written statement and provided sworn testimony, responding to each of the allegations on the Unclassified Summary of Evidence. Afterwards, he answered questions posed by the Tribunal members. In sum, the detainee denied being a member of the Taliban or al Qaida. He asserted that his father drew him to Afghanistan from Syria. He further stated that he had no knowledge of his father's activities while he was in Afghanistan and desired to len= to Syria to complete his studies. A summarized transcript of the detainee's sworn testimony is attached as CSRT Decision Report Enclosure (3). UNCLASSIFIED/NOVO-ISN 012 Enclosure (1) Page 2 of 3 30"-3 NOV00110 DODDON-000512 6. Consultations with the CSRT Legal Advisor The Tribunal consulted the CSRT Assistant Legal Advisor regarding allegations made by the detainee in his writtenstatement and in his testimony that Pakistani officials in the presence of U.S. officials tortured him, and in a U.S. facility. He also claims that U.S. _soldiers abused him. As per instructions, the OARDEC Forward Chief of Staff and the OARDEC Liaison to the Criminal Investigation Task Farce and JTF-GTMO were notified of the matters on 11 December 2004. These allegations, on behalf of both detainee and his father, have previously been reported on 22 November 2004, following the father's Tribunal. 7. Conclusions of the Tribunal Upon careful review of all the evidence presented in this matter, the Tribunal makes the following determinations: a. The detainee was mentally and physically capable of participating in the proceeding. No medical or mental health evaluation was deemed necessary. b. The detainee understood the Tribunal iiroceedings and actively participated throughout the hearing. ' • . c. The detainee is properly classified as an enemy combatant because he was part of or supporting al Qaida forces and associated forces that are engaged in hostilities against the United States, or its coalition partners. 8. Dissenting Tribunal Member's report None. The Tribunal reached a unanimous decision. sub lonel, U.S. Army Tribunal President UNCLASSIFIED//)lage. ISN #312 Hoclosure (I) Page 3 of 3 NOV0013.1 DODDON-000513

Doc_nid: 
2866
Doc_type_num: 
649