Mohamed Jawad

Mohamed Jawad
Mohamed Jawad
Born	1985; Miranshah, Pakistan
Occupation	Detainee at Guantanamo Bay detention camp
Known for	Detention at Guantanamo Bay; accused of grenade attack on U.S. convoy

Mohamed Jawad, an Afghan refugee born in 1985 in Miranshah, Pakistan, faced charges of attempted murder before a Guantanamo military commission for allegedly throwing a grenade at a U.S. convoy on December 17, 2002. While Jawad's family insists he was only 12 years old at the time of his detention, the United States Department of Defense references a bone scan estimating his age to be around 17.^[1]

Jawad consistently claimed that he was employed to clear landmines and that it was an associate who actually threw the grenade. He was subjected to extrajudicial detention first at the Bagram Theater Internment Facility and subsequently at the Guantanamo Bay detention camp from 2003 until 2009.^[2]^[3] His Internment Serial Number was 900.Cite error: The opening <ref> tag is malformed or has a bad name

The military commission judge deemed Jawad’s confession inadmissible, citing coercion involving threats against him and his relatives.^[4] Following a successful habeas corpus petition before Judge Ellen Huvelle of the U.S. District Court in Washington, D.C., he was ordered released on July 30, 2009.^[5] Subsequently, on August 24, 2009, Jawad was transferred from Guantanamo Bay back to Afghanistan.^[4]

Age

Mohamed Jawad, like many Afghans, lacks an official birth certificate and is uncertain about his precise age. Human rights advocates, after consulting with his mother, estimated that he was born approximately six months following his father’s death near Khost in 1991. An uncle proposed a birth date four months after a battle in 1990. The Pentagon contested these claims, relying on bone scans indicating Jawad was roughly eighteen years old upon arrival at Guantanamo. A University of California study on juveniles detained there reported that military records list his age as either 17 or 18 at the time of capture.

Background

Jawad’s father lost his life in January 1988 during the Afghan-Soviet War’s Battle for Hill 3234. Family members state Jawad was born six months later in a refugee camp located in Miran Shah, Pakistan. He received education up to the sixth or seventh grade at a school U.S. officials described as "Jihadi". Several years later, between four and six men approached him at Qari Mosque in his hometown, offering him a well-paid position in Kabul, Afghanistan to assist with clearing Soviet-era landmines. The promised payment for this task was 12,000 Pakistani rupees.

Jawad accepted the offer but informed them he needed his mother’s approval to travel. The men advised him to tell his family only that he had secured employment across the border and to withhold further details so as not to cause concern. Despite his relatives’ worries about his youth and the absence of his mother, Jawad chose to go with them.

Attack and capture

Sergeant First Class Michael Lyons was operating a white Soviet UAZ jeep with Sergeant First Class Christopher Martin seated beside him and Afghan interpreter Assadullah Khan Omerk positioned in the back. After finishing an operation in the marketplace, a homemade grenade was hurled through the vehicle’s missing rear window.

Both soldiers from the 19th Special Forces Group sustained injuries: Lyons suffered damage to his eye, eardrum, and feet; Martin incurred a less serious injury to his right knee; meanwhile, the interpreter received minor wounds.

Following the attack, four American Humvees secured the area while Afghan police detained two suspects—Jawad and Ghulam Saki—and released a third individual. An officer on scene reported witnessing one suspect throw the grenade and another attempt a second attack before being subdued.

During his Administrative Review Board hearing at Guantanamo, Jawad recounted receiving unfamiliar devices from acquaintances and being told to wait. When he reached into his pocket to purchase raisins, a shopkeeper noticed what he described as a "bomb" and warned Jawad to flee and dispose of the grenades by throwing them into the river. Jawad stated he was captured while running toward the riverbank, alerting people to clear the path.

In an interview conducted in October 2009, Jawad revealed that his nose had been broken during initial questioning at an Afghan police station.

Detention at Bagram

Jawad was confined at Bagram prison and subjected to questioning from December 2002 through February 2003.

Detention at Guantanamo

In February 2003, Jawad was relocated to Guantanamo Bay. According to military documentation, he attempted suicide on December 25, 2003, by repeatedly striking his head against the wall of his cell. He also reported experiencing sleep deprivation inflicted by the guards.

Health records

On March 16, 2007, the Department of Defense released data on detainees’ height and weight. At the time of his capture in December 2002, Jawad’s weight was recorded as 130 pounds. Upon arrival at Guantanamo, his weight was documented as 119 pounds, with a height of 64 inches (5 feet 4 inches). Between August 2003 and November 2006, his weight was logged 23 times, with no entries during the six-month hunger strike spanning October 2005 to March 2006.

In 2004, his weight fluctuated between 118 and 143 pounds.
In 2005, it ranged from 140 to 150 pounds.
In 2006, it varied between 142 and 160 pounds.

Santiago Wills wrote in the Atlantic Magazine on November 11, 2012, about the involvement of healthcare professionals in Jawad’s interrogation process, highlighting ethical issues surrounding their participation in harsh treatment at Guantanamo. Wills described Jawad’s extended sleep deprivation caused by frequent cell relocations—120 transfers within a span of two weeks—disrupting his rest every few hours.

Wills referenced a leaked detainee assessment where a member of the BSCT team commented:

He seems frightened and could easily break if separated from his support system... Make him as uncomfortable as possible. Push him as hard as possible.

To increase isolation, Jawad was placed in cell blocks where he could not understand the language spoken by other detainees. He was penalized for communicating with fellow prisoners and repeatedly denied "comfort items," including those essential for Muslim ritual purification.

Psychologist Katherine Porterfield from Bellevue Hospital’s Survivors of Torture Program provided treatment to Jawad during the concluding years of his incarceration.

Subjected to the "frequent flyer" program

Despite its official prohibition in March 2004, Jawad experienced the "frequent flyer" sleep deprivation method in May 2004, being relocated approximately every two hours and fifty-five minutes.^[6]<ref name=WashingtonPost20080807> Over a two-week period, these moves occurred 112 times.^[7]<ref name=salon24June2008> During this time, he was also exposed to continuous loud music and bright lighting.^[8] Military records indicated he lost around ten percent of his body mass and reported blood in his urine.^[9]

Combatant Status Review

On October 19, 2004, a summary of evidence prepared for Jawad's Combatant Status Review Tribunal identified him as originating from Miran Shah, Pakistan. It stated he had been recruited by six individuals at a local mosque to clear Russian mines in Kabul. The allegations included:

ties to Hezb-E-Islami, associated with Osama bin Laden
attendance at "Jihad Madrassas" for frontline combat training
weapons training in late 2002 involving the AK-47, rocket launchers, and grenades
intent to kill members of the Northern Alliance and American troops
capture while fleeing a grenade attack aimed at American forces on December 17, 2002.^[10]

During the CSRT hearing, Jawad's Personal Representative presented notes from an earlier interview with him, during which Jawad provided verbal clarifications.^[11]

Initial Annual Administrative Review Board

A declassified summary of evidence dated November 7, 2005, prepared for Jawad's inaugural Administrative Review Board hearing, highlighted reasons supporting his continued detention. Among these were allegations that Jawad met individuals in Khost Province and Miran Shah, Pakistan, where he was purportedly offered employment involving the killing of Americans and payment for clearing mines. The document also mentioned that Jawad underwent training for approximately one and a half days in Khost and received injections along with pills that caused disorientation.^[12]

This ARB summary reiterated the training allegations previously noted in the CSRT memo, encapsulated Jawad's statements during interrogation immediately following the incident, and documented his denial of both throwing the grenade and receiving any military or terrorist training.^[12] No transcript is accessible within Department of Defense archives.

Second Annual Administrative Review Board

An unclassified summary dated October 26, 2006, prepared for Jawad’s second yearly ARB identified him as Amir Khan. The accusations and denials largely reflected those found in prior memos, outlining alleged statements made by Jawad. Department of Defense records do not contain a transcript.^[13]

Charges Before Guantanamo Military Commission

In October 2007, Jawad was formally charged before a Guantanamo military commission with attempted murder for allegedly hurling a grenade into a U.S. military vehicle in Kabul on December 17, 2002. He became the fourth detainee to face charges under commissions established by the Military Commissions Act of 2006. On October 17, 2007, he was indicted on three counts of attempted murder and three counts of intentionally inflicting bodily harm in violation of the law of war.

Jawad declined to attend his arraignment in March 2008 but appeared at the subsequent hearing in May. His court-appointed military defense attorney, Major David Frakt, filed motions to dismiss the charges, arguing Jawad’s young age at capture, harsh treatment while in U.S. custody, and absence of any ties to terrorist organizations.

Frakt also contested the role of legal adviser Brigadier General Thomas W. Hartmann, accusing him of withholding exculpatory materials and improperly prioritizing Jawad’s prosecution. In August 2008, Judge Colonel Stephen Henley suspended Hartmann from involvement in the case.

On September 25, 2008, Lieutenant Colonel Darrel Vandeveld, serving as Jawad’s military prosecutor, resigned citing concerns over due process violations. He alleged that evidence indicating Jawad might have been drugged prior to the attack had been suppressed and that others had confessed to throwing the grenade. Vandeveld attempted to negotiate a plea agreement but was blocked by superiors and prohibited from testifying on behalf of the defense. He later provided testimony regarding these matters during court proceedings.

In October 2008, Colonel Henley ruled that confessions obtained from Jawad by Afghan and U.S. officials were inadmissible due to coercion and torture tactics—including threats against him and his family as well as intimidation by U.S. interrogators.

Following the Supreme Court’s ruling in Boumediene v. Bush (2008), which granted detainees access to federal courts through habeas corpus petitions, Jawad had an active habeas petition before the U.S. District Court for the District of Columbia.

After Judge Ellen Huvelle determined that Jawad was a noncombatant during his habeas review, Major Frakt submitted a motion on July 28, 2009, requesting dismissal of all charges and Jawad’s release from detention via the military commission.

Release sequence and potential civilian trial

Judge Huvelle was assigned to oversee Jawad's habeas corpus petition, with legal representation provided by Joshua Haifetz from the American Civil Liberties Union (ACLU). On July 17, 2009, she determined that Jawad's confessions had been obtained under coercion and were therefore inadmissible in court.

She mandated that the Department of Justice present justification for Jawad’s detention as an enemy combatant by July 24, 2009. On that day, the DOJ conceded there was insufficient evidence to continue holding him.

According to a report from Reuters, the Department of Defense revealed plans to relocate Jawad to a suitable facility within Guantanamo Bay.

United States Attorney General Eric Holder initiated a fresh criminal inquiry. The Justice Department announced it was reviewing previously inaccessible eyewitness video footage, which might result in new criminal charges being filed in a civilian court within the United States.

On July 28, 2009, Judge Huvelle required the DOJ to provide justification within 24 hours for maintaining Jawad’s detention pending an "expedited criminal investigation," and scheduled a hearing for July 30. The following day, BBC News reported that Jawad was expected to be released due to the absence of any military case supporting his continued detention.

On July 28, Carol Rosenberg of the Miami Herald reported that Jawad had been moved to Camp Iguana at Guantanamo. Defense lawyer David Frakt described Jawad’s adjustment to his new surroundings, noting he was learning to play on the Wii and keeping track of Afghan cricket and soccer results. Frakt commented, "He is content but confused by the legal progress. Once again, he has won a victory, yet remains detained."

Repatriation

Carol Rosenberg from the Miami Herald reported that Jawad was returned to Afghanistan on August 24, 2009. Upon arrival, he was placed in Pul-e-Charkhi prison, a former Soviet-era facility with an American-constructed wing added in 2007.

Major Eric Montalvo, a former military defense attorney, indicated that Jawad was scheduled for a meeting with President Hamid Karzai and would be handed over to the custody of his uncle, Hajji Gul Naik. Montalvo traveled independently to Afghanistan at his own expense due to the Defense Department’s refusal to authorize his trip and highlighted ongoing uncertainties regarding Jawad’s complete freedom.

An article published on October 15, 2009 by The National (Abu Dhabi) emphasized Jawad’s return amid escalating conflict. He recounted harsh treatment during detention and criticized the disregard for detainees’ religious beliefs and dignity. Reflecting on the intensifying violence, he stated, "It’s impossible to end fighting by fighting" and "You cannot cleanse blood with more blood."

Age