Unclassified Summary of Evidence for Administrative Review Board in the case of Khairkhwa, Khirullah Said Wali (June 16 2006)

by OARDEC

UNCLASSIFIED
Department of Defense
Office for the Administrative Review of Detained Enemy Combatants
at U.S. Naval Base at Guantanamo Bay, Cuba

June 16 2006

To:	Khairkhwa, Khirullah Said Wali
Subject:	Unclassified Summary of Evidence for Administrative Review Board in the case of Khairkhwa, Khirullah Said Wali

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 or to a third state; (2) transfer you to your home state, or a third state, with conditions agreed upon by the United States and your home state, or the third state; or (3) continue your detention under United States control.

3

The following primary factors favor continued detention:

a.

Commitment

1.	In 1994, when the Taliban started their rise to power, the detainee traveled from Pakistan to Afghanistan and lived in Spin Boldak, Afghanistan.
2.	The detainee acted as the Pashto spokesman for the Taliban from 1994 to 1999.
3.	The Taliban chose the detainee to become their spokesperson for BBC and Voice of America (VOA). As Taliban spokesperson, the detainee traveled to Chaman, Pakistan; Kandahar Afghanistan; Charasia County of Kabul, Afghanistan; and Mazar-e-Sharif Afghanistan.
4.	While serving as the Taliban spokesperson in Spin Buldak, Afghanistan, the detainee also served as county supervisor in that area.
5.	The detainee is a former Taliban Interior Minister and was the commander of Taliban forces that took Mazar-e-Sharif in 1996.
6.	The detainee worked as a deputy sheriff in Spin Buldak and knew of shipments of Taliban-seized weapons from Mazar-e-Sharif to Kandahar Afghanistan.
7.	In 1998, the detainee shipped weapons captured by the Taliban to Khandahar , Afghanistan.
8.	The detainee was appointed by the Taliban to be Governor of Herat Province to improve relations between Iran and the Taliban government.
9.	The detainee was trusted by the Taliban to keep order in Herat and to send taxes back to senior Taliban members.
10.	After arriving in Herat as Governor, the detainee spent much of his time establishing himself as the premier narcotics trafficker in the region. The detainee purchased three walled compounds in Herat and transformed these compounds into large storage facilities for opium and vehicles that would be used in smuggling operations.
11.	On 25 October 2001, the detainee provided money for troops and money for fuel purchases used to send 300 men from the Taliban 17th Army Division in Herat to Sabzak Pass in Badghis Province
12.	The detainee fought against the Northern Alliance in November 2001.
13.	When bombing of Afghanistan started, the detainee traveled in a convoy of 10 vehicles to Arghastan. The vehicles were full of weapons.

b.

Training

The detainee received military training for a short period of time at Camp Marof, near Kandahar, when the detainee was in his teens.

c.

Connections/Associations

1.	As Taliban spokesperson, the detainee met many influential Taliban leaders. On one occasion at the Kandahar Airport, the detainee saw Usama bin Laden with his entourage.
2.	The detainee was known to have close ties to Usama Bin Laden.
3.	In 1996, the detainee attended a meeting in Kandahar. Jihad fighters and guest of Usama Bin Laden, who was also present.
4.	On 7 January 2000, the detainee and three other Taliban officials attended a meeting with Iranian and Hizbi Islami-Gulbuddin Hikmatyar faction officials. Topics of discussion included United States intervention in the region, restoration of peace in Afghanistan and strengthening the Taliban's nascent ties with Iran government.
5.	In the fall of 2001, the detainee met with senior Taliban leaders for a period of approximately 10 minutes, at a house across from the Kharq-e-Sharif shrine.
6.	In November 2001, the detainee met with an Iranian diplomatic delegation. The Iranian Government was prepared to offer anti-aircraft weapons to the Taliban for use against the United States and Coalition Forces operating in Afghanistan.
7.	On 20 December 2001, the detainee met with Taliban leaders in Afghanistan.
8.	When the Taliban lost control of the government, the detainee called a senior Taliban leader for counsel. The detainee met with one of the leader's representatives and discussed the new government and the detainee's future safety.

d.

Intent

The detainee has encouraged other detainees to cause problems, including making noise, not eating, killing themselves, not showering, and pushing the door during a search.

e.

Other Relevant Data

1.	In February 2002, the detainee traveled to Chaman, Pakistan.
2.	During the second day in Pakistan, the detainee went for lunch to the home of Abdul Manan Niazi, the former Taliban Governor of Kabul, Afghanistan. Pakistani authorities arrested the detainee when they raided the house in a search for the Governor of Kabul.

4.

The following primary factors favor release or transfer:

a.	The detainee stated upon his return to Afghanistan, he will rest.
b.	The detainee stated if the Government is stable, he intends on being part of the governmnet. He will grow crops and work at the bazaar.

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.

UNCLASSIFIED