Abdullah Mujahid
Abdullah Mujahid | |
|---|---|
| Born | 1971 Afghanistan |
| Occupation(s) | Militia commander, police chief |
| Known for | Former detainee at Guantanamo Bay; Afghan militia leader and security official |
Abdullah Mujahid (born 1971) is an Afghan national who was transferred from the United States' Guantanamo Bay detention camp in Cuba to a prison in Afghanistan, where he continued to be held without formal judicial process. His assigned Guantanamo Internment Serial Number was 1100.
The Associated Press reported that during his Combatant Status Review Tribunal, Mujahid was accused of serving as the chief of security for the city of Gardez and Paktia province. He faced allegations of links to al-Qaeda and involvement in attacks against U.S. forces, resulting in his capture in July 2003. Mujahid consistently asserted his allegiance to the coalition.
Background
Abdullah Mujahid, an Afghan militia commander belonging to the Tajik ethnic group, emerged as a resistance leader against the Taliban toward the end of their regime. The Afghanistan Transitional Authority rewarded Mujahid and other anti-Taliban militia leaders by granting them authority over local security forces. Both Mujahid and Pacha Khan Zadran, a Pashtun affiliated with the Zadran tribe, were appointed to oversee security in Paktia province.
A rivalry developed between Mujahid and Zadran as they vied for dominance over Paktia’s security apparatus, with reports indicating that their factions engaged in armed confrontations. Both commanders faced accusations of abusing their positions and extorting civilians at checkpoints. By 2003, U.S. military personnel regarded them as renegades.
Officials from Kabul offered Mujahid a nominally senior position titled "Highway Commander" based in Kabul. He accepted this offer, stepped down from his role as Chief of Police in Gardez, and relocated to Kabul; however, the promised promotion never materialized. After returning to Gardez, he was detained and subsequently transferred to Guantanamo.
While Zadran remained free and currently serves as a representative for Paktia in the Afghan Parliament, his deputy, Jan Baz, was also held at the Bagram Theater detention facility.
During his Combatant Status Review Tribunal and subsequent Administrative Review Board proceedings, Mujahid faced multiple charges including dismissal on grounds of corruption, alleged connections to Lashkar-e-Taiba—a Pakistani militant organization—and membership in Harakat-e-Mulavi, which was believed to be allied with insurgent groups. His defense attorneys contended that the accusation regarding Lashkar-e-Taiba resulted from mistaken identity, noting that a commander with the same name was killed in 2006. They acknowledged Mujahid’s involvement with Harakat-e-Mulavi during the 1980s Soviet occupation, where he fought against foreign forces.
All charges against Mujahid were dropped in early 2007, authorizing his release; nevertheless, he remained detained at Guantanamo as of August 2007.
Combatant Status Review
The Bush administration maintained that the Geneva Conventions did not extend protections to detainees who were neither members of Afghanistan’s regular armed forces nor qualified prisoners of war. Critics contended that the United States still had an obligation to conduct proper tribunals to determine detainee status. In response, the U.S. Department of Defense created Combatant Status Review Tribunals (CSRTs) tasked with evaluating whether detainees met the criteria for being designated "enemy combatant."
The Department of Defense defined "enemy combatant" as:
an individual who is part of or supporting Taliban, al-Qaeda, or associated forces engaged in hostilities against the United States or coalition partners, including those committing hostile acts or directly supporting such hostilities.
CSRTs operated without adhering to standard civilian evidentiary rules and accepted government evidence as presumed “genuine and accurate.” Between July 2004 and March 2005, these tribunals reviewed detainees’ classifications regarding enemy combatant status.
Mujahid participated in his tribunal along with approximately 60% of detainees who elected to do so. Each tribunal received a Summary of Evidence memorandum outlining allegations justifying enemy combatant designation.
The memo presented against him included:<ref name=CsrtSummaryOfEvidenceAbdullahMujahid>
a. Alleged affiliation with al-Qaeda:
- Held position as police commander in Gardez following Taliban’s fall.
- Dismissed amid suspicions of collaboration with anti-government elements.
- Member of Harakat-e-Mulavi for at least four years.
- Harakat-e-Mulavi identified as an extremist organization linked to al-Qaeda and Taliban.
b. Engagement in military actions against U.S. or coalition forces:
- Held responsible for an assault on U.S. troops near Gardeyz City.
- The attack purportedly motivated by his dismissal.
- Apprehended by U.S. forces in July 2003.
Witnesses
Mujahid requested the testimony of eight individuals:
- Said Mohammed Ali Shah – a detainee held at Guantanamo.
- Haji Mohammed Aktiar – identified by the Tribunal President as likely located in Afghanistan; among three detainees named Akhtiar Mohammed held at Guantanamo, two remained detained during the Tribunal proceedings.
- Mohammed Aman – another detainee at Guantanamo.
- Mohammed Musa – apparently a detainee, though his name does not appear on official rosters.
- Shahzdeh Masoud – an advisor to Hamid Karzai, who led a delegation to Gardez aiming to persuade Mujahid to resign.
- Gulltay Deh – served as the Afghan Defense Ministry representative within Masoud’s delegation.
- Haji Saifullah – reported deceased according to the Boston Globe.
- Ahmed Ali Jalali – representing the Interior Ministry on Masoud’s delegation and currently an instructor at the National Defense University.
The Tribunal President permitted three Guantanamo detainees to be called as witnesses but clarified that they could not appear in person due to "Force Protection reasons." He also noted a lack of cooperation from US officials in securing assistance from the Afghan government to locate witnesses within Afghanistan.
Investigations by the Boston Globe revealed that many witnesses deemed unavailable by US officials were, in fact, easily found. The report emphasized the straightforwardness of locating Mujahid’s witnesses and cited the Tribunal President’s statement that despite contacting Afghan authorities on 26 November 2004, no reply was received, which obstructed witness participation. Contrasting this, a journalist managed to find three of the four witnesses within days while in Afghanistan.
Transcript
Mujahid opted to engage in his Combatant Status Review Tribunal. On March 3, 2006, following a court directive issued by Jed Rakoff, the Department of Defense released a summarized transcript spanning twelve pages from his Tribunal session along with nine pages of witness statements from those who were not permitted to testify personally.
Testimony
Mujahid refuted claims that he was removed due to alleged collaboration with anti-government elements, asserting instead that he left his position as Provincial Security Chief because he was promoted to a role in Kabul. He maintained that his witnesses would corroborate this career advancement and denied any association with anti-government factions or responsibility for attacks targeting US or coalition forces.
The three witnesses he presented attested to his competence as a Police commander loyal to the Karzai administration and confirmed that he had been promoted rather than dismissed. They further explained that their own detentions were the result of false accusations originating from rival groups within Karzai’s coalition.
Hafizullah Shabaz Khail's accusation
Guantanamo detainee Hafizullah Shabaz Khail accused Mujahid of arresting him during a period when his provincial Governor was absent in Kabul. Khail, who served as District Chief of Zormat and chaired Paktia Province’s security committee, alleged that his detention was linked to his arrest of Taj Mohammed—a security officer under Mujahid—who had reportedly exploited his authority to extort 200,000 Khaldars from a businessman. Khail stated that he forced Taj Mohammed to repay the extorted amount to the businessman.
Abdullah Musahed v. George W. Bush
A writ of habeas corpus was filed on behalf of Abdullah Musahed under the case name Abdullah Musahed v. George W. Bush. On August 10, 2005, the Department of Defense disclosed 37 pages of declassified documents pertaining to his Combatant Status Review Tribunal (CSRT). On December 17, 2004, Tribunal panel 26 upheld his designation as an "enemy combatant."
The released materials indicate that the initial Tribunal President was substituted and present contradictory reasons for Mohammed Musa's absence during testimony. While the Tribunal President deemed Mohammed Musa's testimony unnecessary due to redundancy, the Personal Representative reported an inability to locate him.
The CSRT Legal Advisor's assessment included:
Administrative Review Board
Individuals classified as "enemy combatants" by their CSRTs underwent yearly Administrative Review Board (ARB) sessions to assess the potential threat they might pose if freed or transferred, and to review circumstances relevant to their ongoing detention.
Summary of Evidence memo
A Summary of Evidence memo concerning Abdullah Mujahid’s ARB was compiled on June 23, 2005. This document outlined arguments both supporting and opposing his continued confinement.
Primary factors supporting continued detention
- a. Commitment
- The detainee engaged in jihad against Russian forces from 1987 through 1991.
- Held roles including assistant Investigation Commander for Gardez police (1992–1995), military commander at an air defense base in Kabul (1995–1998), and Criminal Investigation Officer for Gardez police (2001–2003).
- Linked to an assault near Gardez resulting in one American fatality and two injuries.
- b. Training
- Former commander within Lashkar-e-Tayyiba.
- Lashkar-e-Tayyiba serves as the militant faction of Pakistan-based Sunni anti-U.S. organization Markaz-ud-Dawa-irshad, established in 1989.
- Assisted al Qaida operatives fleeing Afghanistan while operating in Quetta, Pakistan.
- Member of Lashkar-e-Tayyiba’s Military Council.
- Chosen during a Lashkar-e-Tayyiba assembly in Muridke, Pakistan, in early 2003 to replace Muhammad Azam Cheema as Chief of Operations in India.
- Alleged associations with Hezb-e-Islami Gulbuddin and al Qaida.
- Hezb-e-Islami Gulbuddin, a prominent mujahideen group during the Soviet-Afghan conflict, maintains longstanding connections with Bin Ladin.
- Connected with al Qaida operative Mullah Abdul Fatah, who recruited former explosives specialists in Kabul in 2003.
- Maintained contact with Taliban commander Saif Ur Rahman (Gardez) and al Qaida leader Jalaluddin Haqqani (Pakistan); involved in operations against U.S., ISAF, and Afghan government forces; linked to local anti-coalition militias.
- Rahman is known for ties to Taliban and al Qaida.
- Haqqani, previously commander of Taliban Southern Forces, is heavily engaged in narcotics trafficking.
- c. Intent
- Engaged in discussions with Afghan Military General Zia Udeen regarding plans to undermine civil security around Gardez.
- Additional Relevant Information
- Served within Afghan military under the Rabbani administration combating the Taliban; appointed head of security for Gardez and Paktia provinces, continuing under Karzai’s government.
- Removed from position as Director of Security for Gardez amid suspicions of collaboration with anti-government elements.
- a. Commitment
Key elements supporting release or transfer
a. The detainee asserted he never had any ties to the Taliban or al Qaida, nor was he involved in any military council opposing U.S. and coalition forces.
b. He expressed support for the American presence in Afghanistan, considering it advantageous. Concerning jihad, he stated his armed resistance was solely directed against the Russians.
c. He refuted claims of instigating conflicts among villages and factions within Gardez and Paktia regions.
d. He claimed to have no knowledge of Mullah Abdul Fatah.
Hearing transcript
Mujahid took part in his Administrative Review Board session.
Rebuttal to presented factors
- Mujahid acknowledged engaging in combat against Soviet forces for approximately eight months during his youth and later opposing the Communist regime.
- Prior to Taliban rule, he was employed by the Rabbani government and served as a police officer following its collapse; during Taliban governance, he worked as a farmer.
- He denied any participation in anti-American attacks in Gardez and challenged the occurrence of such events.
- When confronted with allegations of being a former Lashkar-e-Tayyiba commander, he sought specifics regarding timing and affirmed he had fully disclosed his background without omissions suggesting such connections. He stated:
- Addressing Lashkar-e-Tayyiba’s Pakistani origins, Mujahid highlighted:
Mujahid’s case and the "captured on the battlefield" assertion
On August 12, 2007, Farah Stockman wrote in the Boston Globe using Mujahid’s narrative to question the Bush administration’s claim that detainees at Guantanamo were seized "on the battlefield." Stockman portrayed Mujahid as an initial supporter during the Taliban’s downfall whose influence waned due to illiteracy and alleged corruption. She observed:
Detention transfer to Afghan facility
On November 25, 2008, the Department of Defense published a roster outlining Guantanamo detainees’ repatriation dates. This document indicates his transfer occurred on December 12, 2007.
According to the Center for Constitutional Rights, all Afghans returned from April 2007 onward were placed under Afghan jurisdiction within the U.S.-constructed and managed section of Pul-e-Charkhi prison near Kabul.