Bostan Karim
Bostan Karim | |
|---|---|
| Born | 1970 Khost, Afghanistan |
| Occupation | Former detainee |
| Known for | Detention at Guantanamo Bay |
Bostan Karim (also spelled Bostan Qaseem) is an Afghan national who was subjected to extrajudicial detention at the United States' Guantanamo Bay facility in Cuba. He was assigned detainee identification number 975. Intelligence analysts approximate his birth year as 1970, originating from Khost, Afghanistan.
On January 16, 2017, Karim was transferred to Oman.
Official status reviews
During the Bush administration, it was initially maintained that individuals captured in the "war on terror" were not entitled to protections under the Geneva Conventions and could be detained indefinitely without formal charges or transparent procedures. However, in 2004, the U.S. Supreme Court decided in Rasul v. Bush that detainees held at Guantanamo must be informed of the reasons for their detention and given an opportunity to contest those allegations.
Office for the Administrative Review of Detained Enemy Combatants
In response to this ruling, the Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants.
By December 2008, researchers at the Brookings Institution organized detainees into groups based on shared accusations. Bostan Karim appeared among those alleged to have undergone military or terrorist training within Afghanistan and identified as a Taliban fighter or operative.
To fulfill a Freedom of Information Act request, the Department of Defense disclosed 507 memoranda outlining allegations prepared for Combatant Status Review Tribunals. Karim’s file was included among these documents.
The claims against Karim were as follows:
- a. The detainee is affiliated with the Taliban and al Qaida:
- He was potentially linked to al Qaida activities involving plans for landmine attacks in Khost province.
- He reportedly maintained communication with Arab al Qaida operatives based in Peshawar who operated under al Qaida leadership in Khost.
- He allegedly recruited individuals and offered financial incentives to plant mines targeting U.S. and Afghan military personnel.
- On August 13, 2002, Pakistani authorities apprehended him at Khurgi checkpoint; he was found carrying a Thuraya satellite phone along with US$2,700, Pakistani Rupees 3,600, and Afghan Rupees 70,000.
- A medical inspection documented scars on his hands consistent with handling explosives.
Testimony
Karim opted to take part in his Combatant Status Review Tribunal.[1]
Karim's witnesses
Karim raised concerns regarding the exclusion of his proposed witnesses, having been informed they were “Not reasonably available.” Unlike other tribunals where detainees were asked to clarify what testimony their witnesses would provide, Karim was not afforded this chance. He frequently expressed disappointment that his former business associate Obaidullah and Abdullah Wazir could not appear to testify on his behalf. Although “Not reasonably available” typically indicated witnesses located outside Guantanamo, both men were detained within the facility. A subsequent policy adjustment permitted Personal Representatives to collect statements from witnesses across various compliance levels; however, detainees were only permitted to question witnesses directly if they shared the same compliance classification.
Testimony from Karim
Karim addressed each accusation separately, rejecting any claims of belonging to the Taliban or al-Qaeda, denying connections with Arabs, and refuting involvement with landmines. He mentioned having borrowed funds for his most recent procurement trip involving two retail outlets.
He recounted being detained at the border when the minibus he was traveling in was stopped; one of the passengers was Abdullah Wazir, a former acquaintance. Upon disembarking, Wazir unexpectedly handed Karim a package—later identified as Wazir’s mobile phone along with most of the cash, except for 3,500 Rupees which Karim stated were his own.
Karim clarified that the burn marks on his hand and knee were the result of a childhood incident involving a cooking stove, expressing doubt that they stemmed from any explosion.
He attributed the accusations to a former business partner named Abaidullah, with whom he had terminated their association due to a monetary disagreement—Karim asserted that Abaidullah owed him 80,000 Rupees, while Abaidullah admitted to 60,000. Karim suspected Abaidullah’s motives were vindictive but noted that Abaidullah could not have known about his scars since he never shared that information.
Karim acknowledged acting as a missionary for a peaceful Islamic sect that was suppressed by the Taliban because of its moderate stance and refusal to participate in jihad.
Administrative Review Board proceedings
Individuals labeled as "enemy combatants" underwent yearly Administrative Review Board sessions designed to evaluate whether continued detention was warranted or if repatriation or release should occur. These hearings did not reconsider prisoner-of-war status or the initial enemy combatant designation.
Karim opted to take part in his Administrative Review Board session.
Arguments supporting and opposing Karim's detention
Although Karim’s transcript did not include the standard categorization of factors, it contained these key points:
- During the Soviet invasion of Afghanistan, Karim fought alongside the Mujahideen in Pakistan.
- He was accused of being an Afghan al-Qaida operative in Khowst and involved in planning attacks within the region.
- Karim traveled within Afghanistan and Pakistan recruiting members for the Tablighi, claiming leadership as their Amir.
- He described himself as both a shopkeeper and a Tablighi affiliate.
- Allegations included storing landmines at his home and maintaining communication with Arab al-Qaida agents in Peshawar.
- He was believed to command an Afghan al-Qaida cell based in Khowst Province.
- A search of an associate’s residence uncovered live anti-tank mines and spent shell casings.
- One associate suggested Karim may have been part of a warlord faction operating in Khowst.
- Another associate characterized him as devout but not Taliban, though friendly toward them.
- He was accused of threatening U.S. Forces with command-detonated mine attacks; subsequently, two such mines were discovered and neutralized on an Afghan highway.
- Allegedly requested an associate to store landmines and provided instructions for detonation, promising payment for their emplacement.
- Detained due to fitting the description of an al-Qaida bomb cell leader and possession of a Thuraya satellite phone.
- His hands bore burn scars consistent with exposure to explosives.
- An associate denied any knowledge of Karim’s involvement with Taliban, al-Qaida, or explosives.
- A family member testified that Karim’s hand scars existed before their birth.
- Karim stated he received the satellite phone at a police checkpoint from an associate.
- One accuser retracted claims about receiving mines from Karim, attributing them instead to a prior occupant and denying any transfer of detonation information.
- Another accuser withdrew statements linking Karim to anti-tank mines.
- Karim denied supplying mines or having affiliations with al-Qaida or Taliban, describing these groups as “lost.”
- An associate confirmed that Karim had no connections to al-Qaida.
Habeas corpus submission
On January 31, 2007, Bostan Karim was included among sixteen Guantanamo detainees whose collective habeas corpus petitions were reviewed by US District Court Judge Reggie B. Walton. Although a petition was submitted on his behalf, the Department of Defense (DoD) did not disclose the unclassified files from his Combatant Status Review Tribunal. The DoD has yet to provide a reason for omitting his dossier from the documents released in September 2007.
References
- ↑ Summarized transcripts (.pdf), from Bostan Karim's Combatant Status Review Tribunal - pages 77-83