Unclassified Summary of Evidence for Administrative Review Board in the case of Esmatullah, FNU (2007-11-26)

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UNCLASSIFIED
Department of Defense
Office for the Administrative Review of the Detention of Enemy
Combatants at U.S. Naval Base Guantanamo Bay, Cuba
26 November 2007
To: Esmatullah, FNU
Subject: Unclassified Summary of Evidence for Administrative Review Board in the case of Esmatullah, FNU
1.

An Administrative Review Board will be convened to review your case to determine if your continued detention is necessary,

2.

The Administrative Review Board will conduct a comprehensive review of all reasonably available and relevant information regarding your case. At the conclusion of this review the Board will make a recommendation to: (1) release you to your home state; (2) transfer you to your home state, with conditions agreed upon by the United States and your home state; or (3) continue your detention under United States control.

3. The following primary factors favor continued detention:
a) Commitment
  1. The detainee stated he received advice that he should visit Abdul Razzak, the local Taliban Commander. Taliban Commander Razzak convinced the detainee had to serve as a reservist in the Taliban military. The detainee stated he was required to serve three or four rotations as a watchman in Mazar Province of Afghanistan. The detainee's direct Taliban commander reported to Razzak.
  2. Mullah Abdul Razaq was identified as the Taliban supreme commander for the province of Helmand, Afghanistan and received weapon shipments from Syria.
  3. The detainee stated an immediate benefit from joining the Taliban was a letter issued to him from the Taliban that advised readers of the letter not to bother the detainee. The letter allowed the detainee to keep living in the house in district five. The detainee stated he joined the Taliban because he wanted the same rights as the others who lived in that location.
  4. The detainee stated during his one year with the Taliban, he was part of a 40 man team that that carried Kalashnikov AK-47s but never engaged in physical fighting against the Northern Alliance.
  5. The detainee stated his first assignment in the Taliban reserves lasted four months. The detainee stated he served as a guard for the Taliban lines in Mazar Province, Afghanistan reporting any suspicious activities to his supervisor. The detainee's second period of Taliban duty lasted three months and the third period lasted two months. The detainee stated each time he was called up to work for the Taliban, he would perform the same duties.
  6. The detainee was identified as being a Taliban commander and was issued a station wagon by the Taliban. The detainee and five others were fighting against United States Forces in the province of Urazgham and were backed by al Qaida.
  7. The detainee was identified as having an official taxi used for transporting Taliban personnel between Kandahar, Oruzgan, and Helmand, Afghanistan. The detainee possessed a Kalashnikov and possibly other weapons.
  8. The detainee stated he was a Taliban soldier but not a commander, nor anyone in charge.
  9. The detainee was identified as planning to kidnap the Urozgan Province governor's son in exchange for releasing prisoners in Kandahar, Afghanistan. The detainee also talked about killing the governor by bombing his office.
  10. The detainee was identified as operating against United States personnel in the Urozgan Province, Lashkar Gah, and Helmand areas of Afghanistan, The intent was to bomb or strike soft targets, primarily using AK-47s.
  11. The detainee was identified as having a satellite telephone to stay in contact with other commanders of the 40 man unit.
  12. The detainee stated while he was with the Taliban in Mazar-e-Sharif, Afghanistan, there were no cell, satellite, or other electronic telephones used by anyone.
  13. The detainee was identified as being assigned to a Taliban unit in the Oruzgan Province, which was a front line location for fighting the Northern Alliance.
b) Training
The detainee stated that the Taliban taught them how to use AK-47's in Dara Sufe, Afghanistan.
c) Connections/Associations
  1. The detainee was identified as being affiliated with Iaman Zawaheri, an Egyptian terrorist who was involved in the assassination of Egyptian President Sadat.
  2. The detainee and another individual were reported to be part of Usama bin Laden's main security detail assisting Usama bin Laden out of Afghanistan to Pakistan in late 2001.
d) Other Relevant Data
  1. The detainee stated Abdul Razzak told him he was looking for a man to deliver a letter for him to a man in Oruzgan, Afghanistan. The detainee stated Razzak offered him 1000 Rupees to deliver the letter for him. The detainee stated he left the following day.
  2. In another interview the detainee stated Razak insisted on paying the detainee 10,000 Rupees to deliver the letter.
  3. The detainee stated he read the letter Razzaq gave him. The detainee stated the letter was written in Pashtu and read "Please come one time to Quetta."
  4. The detainee stated he traveled by car to the border then crossed on foot. The detainee stated he then walked to his sister's house. The detainee then traveled to the letter recipient's house with his cousin and a friend. The detainee stated he gave the recipient the letter, which he tore up and threw on the ground after reading.
  5. After delivering the letter, the detainee stated he was pulled over by Jan Mohammed's security detail while he was driving to Oruzgan City, Afghanistan with his cousin and a friend. The detainee stated Jan Mohammed was the governor of Oruzgan Province. When the security detail found an AK-47 in the car, they took the detainee, his cousin, and the friend into custody.
  6. The detainee stated the governor and his entourage then took the detainee, his cousin, and his friend back to the letter recipient's house. The detainee stated his friend was released at this time. The detainee stated the letter recipient was also taken into custody, and all three were taken to the city offices. The detainee thought his friend was released because he was from Jan Mohammed's tribe.
  7. The detainee was identified as being tasked to deliver four letters to an individual from high-level Taliban leaders in hiding. Three of the letters were of high importance. The fourth letter was not that important and was a simple invitation from Mullah Obaidullah to the individual for him to visit with him in Quetta, Pakistan . The detainee was identified as reading the three important letters and destroying them before he met with the individual. Only the last letter was given to the individual.
  8. Mullah Obaidullah is one of the persons responsible for keeping the Taliban in weapons and ammo. He is said to be infamous for his cruelty and reserves considerable time for the suppression of his opponents.
  9. The detainee was identified as knowing how to use rockets, heavy machine guns, AK-47s, and being a good driver. The detainee was identified as being a member of the Taliban for six years and had been a member of the 40 man unit since its creation in 2001.
4. The following primary factors favor release or transfer:
a)

The detainee stated he is not against the Americans and is not aware of any planned attacks against the Americans.

b)

The detainee stated he was never asked to be a courier and did not remember specific people or messages sent. The detainee stated be never received any training in covert message coverage and never knew any spies.

c}

The detainee denied ever having a satellite phone or driving a Taliban vehicle, stating only commanders had vehicles. The detainee also denied being part of the team that escorted Usama bin Laden out of Afghanistan. The detainee stated he did not know anything about Usama bin Laden.

5.

You will be afforded a meaningful opportunity to be heard and to present information to the Board; this includes an opportunity to be physically present at the proceeding, The Assisting Military Officer (AMO) will assist you in reviewing all relevant and reasonably available unclassified information regarding your case. The AMO is not an advocate for or against continued detention, nor may the AMO form a confidential relationship with you or represent you in any other matter.