BAGRAM / CENTCOM /001386

JO.T ""ASK FORCE 435 

APO At 09356. 

IN REPLY .1.1.F.F ER TO; 7 

„IFF-435-LO 

ME1T)RANDUM THRU 

Ch -,ef St2.tes Central Command, 7115 Sou.:h BoundELryivi.' .OTC 

Flo -ida 33621-5101 

1Yrector Joir t S1,2 The ,roinu S i I Joint Staff gon, Washington D.C, 20318-9999 

FOR 'Older Secret ir --)efense for 20i.iey,-1.010 Defense. Pentago , V,Iashirgton,.DC 20310- 

IWO 

St.73,Prl" nairiLt::J11( i)1.4a, (b)(111Abdul Kabir 

Re:re 7 Secretary of..0efense Memoran&m: Policy Guidance on.review . eurcs 

and anS1...,_ :and Re:ieaseAtAhoriV at ram he .Interrnett u ty(131:Tr) A 11 an 

J td. 09 

1. _. (11.11 ISN 2422, Ahin1.4a, (b)(1)1A ea:)ture< by U.S. Forces 4.)/k1 )1.4a, (b)(1)1. ,e He is 

cur:er. t iv dcf.ained at the Detention Faci:ityi arwan. A Det,ie.e Reviewi3oard 2 :tine 

2010 ;:bund that iSN 22 does meet detention critel 'n.tt. recommended that ISN 2422 be 

transfcrredjw )1.4a, (b)(1)1,54tithorities rlor 'f.eir consideration of participation in a 

rrog:a. my Sta9-. Judie Advocate reviewed the bo:r proceedings nd fu:d them 

legally sal;ieient, ao:::c; the 1.3oafd's finding ano. have recta; that Aul ic:a12ii - be 

r,.7‘c as soon as 

2. er the reference. cyccause thu a third :o7.13:', aelicral, remrn n ith home country, 

arcsal. bylhe.Depuiy Secretary of Def .se or his desig:au. ihe reference 

also Slates -irhat recommenations for t ,-ar s . er and repatriation s'ita. be trans*tteci tInd- 

Secretary C.7 tease for .1 )oicy, through the Director, Joint Staff. :The (2, cc of tie -. Sectry of 

fs L ensure thaL reco.mrre hdations are cordinated with the Der::: -.. -.1ent o.7 State p:ior to 

see Iflu) t? ?eputy SecTetary 01 1 c:.esig1 ce. recominclic.i apiwova :it s 

-,:;ansier and reoatriatio -_, are. iere:Dy seek disp si:ic -L for ruyther action in accordance with he 

reference 

BAGRAM / CENTCOM /001386

,ITF-43 5-LO 

1)1.4a, (b)(1 (.1.L I Kabir 

3: The point of cort4ct or this mer ori 

Opera, ions, ITF 435, -a-,1\11 (b)(2) 

1 -2 is C. (b)(3), (b)(6) Director o 'Lep 

ROBERT S. liARWARD 

Vice Admiral, 'US. Navy 

BAGRAM / CENTCOM /001387

DEPUTY ç,ç .Aa— DETAINEE CP R: T1CNS 

US EURCES AFGHANISTAN 

JOINT TASK FORCE 435 

APO AE 09356' 

JTF-435-LO 2 June 2010. 

MEMORANDUM. FOR Ocr Commander, Joint Task -'orce 435, Kabul, Afghanistan, APO 

AP 09356 

:iCT: 2 June 2010 Detainee Review Board Leti Review: Abdul Kabir (ISN 2422) 

.I . -evicv....d Enclosure 1, the ndings and recommendations of Abdui Kabir's (ISN 2422) 2 

2010 Detainee Review liore (Dall), and find .hen to be icLraiv Sufficient 

2. The DIC,3 ibund that Abdul Kabir (ISN 2422) me c s the crii fa Co7;-tic: -, -,:-.-.ent. 

3, Thf.: D RB rem nme; tbai the contir Lied of AbCtii Kahir (;S 242 1 ) is not 

neces ,_ cry to mitigate 11 threat he GSN recommended for transfer 

to Pa: ar pat; cii on in a teec:Teiliatior orottram. 

recommends Alrther that Abdul. Kab:r (TSN 2422) be 

r, ms v 1i :a he remains interned at the Detcntior. Facility in Parwan. 

5. The ORB assessed Abdul Kabir (ISN. 2422) not to be an Security. 

6, The point of eozii.act for this review is MAJ 

(b)(2) (b)(2), (b)(3), (b)(6) 

3 Encls. 

1. DRB .1 .?,:.- commendation Memorandum 

2. ORB V e Ling Packet 

3, St: a arized ..!.'esti...triony with Exhibits 

(b)(3), (b)(6) 

(b)(3), (b)(6) 

Reintegration . 

Joint Task Force 435 at DSN 

MAJ. SA 

Legal Advisor, Detainee Review Board 


) , 

DEFUTY COrvi'IANDER DEW NEE .OPERATIONS: 

US FORQE. F.3 AFGH..%,NISTAN 

JOINT TASK. FORCE... 435 

APO AE 09355 

2 June 

MEMORANDUM FOR Dery.1:y Commander, Joint Task Force 435, Kabul, Afghanistan, APC 

AE 09356 

SUBJ7..CT: 2 June 2010 Detainee Review Board Reconmend:t7on - :7or the Transfer of Abdul 

Kabir iSN 24220t44(a), (b)(1 lottParticipation in a ReconciliaT ion Program 

I . T."." 1....thice Review Board (DRB) met on 2 :lune 2010 incl made the following findings and 

reconvp t.ons concerning the internment of Abdul Kabir i,ISN 2422): 

a. Lr ahir (ISN 2122) ets, the criteria f -nternment„ 

b,'The.00ttiriued internment: of Abdul Kabir (ISN 24 not necessary to ii the 

threat lie noses, 

c. L 7- 7 2422) should be transferred to Pakistan for paricipatIon in a 

reconcilia 

DFIP, 

=,, al rir (ISN 2422) sheuid be considered for Rei 

e. Abdu.. Kabir (ISN 2422) is not an F. Security Threat. 

programs within the 

2. In arriving at its recomi end:. ion. the I ound that despite being captured at a checkpoint 

while aveling. in a taxi 

components were recovered. Abdu: KaHr (NH 2422) has 

CCI1S Hed e. ,, ,:re-ship of the ltenis seized at the :,ihrie of n;t1p); 1)1 4a, (L):1 1. ifis 

tesi uN mie 20::: 0 DR8 apnea rec , consistent with lidsea cista;ements made 

under inrrogatior. some doubt sun e‘ Jading the circumsances o2 his capture and his 

culnam, For ern.. tpJe. he was traveling in a taxi — not his owe vehicle — and claimed simply 

to have been visitin2 laanistan from (b)(6) / with his frietd(lJL„1 1 4 a), (b)(1)1.4(c), 06There were at 

least two ii:JividL:als in the taxi, but the were not detainee. Componentc related to IF.Ds 

wc-e ecrr. d, cam there is no fingerprint evidence linking him (coltl . P.4.(a).Lblosi 4(c) oioythese 

coni..,nents;. hLere is no evidence of h.s exposure to explosive materials. Me re , i,ve,', there is no 

11..17:\41N7 .7 ,reporting or additional evidence linking Abdul Kabir (1:SN 242:1) to ligan or anti- 

Coall . ion members, nor is there an evidence that he was involved in the actual emplacement of 

IEDs. he evidence is circumstanial at best, but on;y marginally linked to Al -AnIKabir (ISN 

2422) Kabir (ISN 2422) testified during his 2 June 2010 DRB that he has never acted in 


STF-4i 5-LO 

St,.;113,;::.,CT: 2 2:une 2010 Deta:r iew Board Reeornme' or the Transfer of Abdul 

i.SN 2422)0 topjl'articipation in a Rec07.CiiiatiOii ?rograra 

any way Coalition Forces any reason to fear him Or consider him a threat. If 

re e „Abdul (K\ 24:22) would IC:.arTIOIR')1.4a, (b)(1ille c ed no desi -e to raum to 

Afgan threat he :r ay fr:re p.)sed a, the time of - 1)1.4a, (b)(1)1.4F.,' , W.7,2, has long 

beeI niiiigated his ;11n:wt. ye c)fderent on. fkbdul ".f.!SN° 2422) is E., '2,00C1 

Canciida i ZVI c valuab .ie COIN oio ui v :presents nsell with his 

release. ;,- nilpers 0. Tab assessed Abdu: Kabir CSN 2422) to pose no tihreut to the 

Govettlinci:t Republic of Arglanistan or to LS and Coaltiw? F oxes, 

3„1 

Units.carwred Abdul FbI 

00)(1)1.4a,03T67.4fter receiving 

renaote-controllc6 eevices. 

(b)(1)1.4(a), (b)(1 1.4 c 

2 r 1 1.4a. b 11.4 

fornnY -loi two individuals were tn...o, 10 a tem Azati 

AH,j1 abi! . ,SN 2422) and his frier, -„.41114(a ). ,(b)(1)1 A(c), olwere 

and su ,-,sciu ,,fir'. detwned at a eheck.point I(,(1)1 4(a) (b)(1)1,4(8) Evidence seize( at the 

II orh0(1)1Aa, Lb).(1 .,)1 Ciipture included a block of explosives, d.;:;.onati on cord, bloSting caps, 

an C. !CON! radio. .le t,widenee seized at the time of hi0)(1)1.4a, (I )(1)1 4capture was assessed to 

havel-2,een SUfficient for two complete rern...i,e-coruso;!eC Mrs. No mobile cellur:ar phone was 

recovered at 

4. There is no ITUMINT reporting or senswve inte Lgence artribtra'ole to A'Ildul (SN 

2422). .Al2A.pril 2007 pdh,. aph cxzmina -. ir.n indicated decentiol when he denied l,nowing 

tha- 1-1- .:71T vere s in the vehicle a:1iivnc of ni50)(1)1.4a, (b)(1)1.4eapture. There is, 

1 U1USN 2422) to the IED components 

nine or hi;(hX1)1.4a, (b)(1)1.4-Cap ..ore, 

5 c.,:er rather 1'; 24-22) claimed no Lnovv7edge of the IED 

corinoncin-s found -„;le i. He claimed I-no that 'le came to:Aa.fohanis'san la;b -n171...4.a„...02411)tac 

sig,ntsQc wno iric )1.4(a), (b)(1)1.4(c). 4E1 iltteoUCJ 'o stay 'with hisOiltikIndii), (b)(1)1.4(GH.0)(6) 

o a L :nt:erials to the two At in taxi with them 

byl (b)(1)1.4(c), (b)(6) 

6. -,-. imendation. the DRB considered the Recorder's unclassified and classified. 

exhibits -- ) January 2010 Behavioral Science Cons:: taticn Team k. 

Cs aluation assess:L:1g A c: L Ka"bir (ISN 2422 n a! b)(1)1.4(a) (b)(1)1.4(c) 

(b)(1)1.4(a), (b)(1)1.4(c) ; ie 11 February 2010 ,ctaittee: Criminal Investigation L`; ,:,.:,:inent 

Re -;10-.:, ;: of '':.:,ves:igat-on, r, d Theater Internment 7'rogn:ss R.eport. In addition, le 

Personaj RenresentathT.subElitted conies of Abdul Kabir'a C'S '1 2422) Initial InterAie\N 

C11,.-cHist mild a Notificxion Worksht.'.::-2-t. The DRB considered asX.,xi t,1 Kahn 's (IS\ 2422) 

eSti13.01:;', welzis hi responses cAos -:ions posed to bin:: by al .. parties to file a.Z.B. 

7. 5: Recorder called the following witness who is detained current -1y at the Detention l'aci'lity 

in Parwan and who testified in The o!len session and in the presence of Abdul Kabir (ISN 2422): 


.17T-4 115-L 

SL T, .1 .12.,(2:1': 2 ,P4ne 2010 Detainee -:';CVievv Boarci Recomrnendatio ,.'1 :for the Transfer of A jdui 

JSN 2422)(i0)1.4a, (b)(111.4E .-,ntion in a Reconciliation -rogram 

(lz$(l )1.4(a), (b)(1)1.4(c), `CI-.„nd Abdu Kabir (ISN 

almos -: five years ago in Afgl7aristan Re re used to testify rurther, 

told Inc story muhiplc detained. in his p:vvious interrc 

explai;:te: they were a travel h.lg together in zi tax: 

had entenAl .,%fg: tan only rc'c,-.-,- -rCy and were visnng- sigh.tsee, 

(b)(1)1.4(a), (b)(1)1.4(c) I etajnCd. th,erri and took them lfli.O custodyl. 

I. components. arther that neither )e Abd Ka!): 

t -Tan,-.;pot,:atiol of :ZED materials ., v aye neVt.' 

insurgent activity. 

8, n determining Ys -1 -,cJT:er continued internment is necessary to m 

(IS nay pose, the DRB assessed Rs \ A of threat ood WC; 

potential for rehabilitation, reconciliation, and eventual rein 

considered also Abdul Kabirls (ISNI Jantazry 2.()1 

(b)(1)1.4(a), (b)(1)1.4(c) 

1 22) Were: captured together 

stating teat he bad already 

o s he consi slcrgy 

in N angtrh l)r,-,vince. They 

(b)(1)1.4(c 

!Kier susucion ot tr„ :sporting 

2422) were in ty 

ucen invo;ved in : -'311, or 

Kabir 

0 ed, amor g thcr things, his 

n into Sticiety, The DRB 

(b)(1)1.4(a), (b)(1)1.4(c) 

In sum, based upon the 

continued 111re:7ln -tent of 

ç' del ae and t esony tim presented during his 2 .;une 2010 DRB, 

Abdul Kabir (ISN 2422) not necessary to mt, itie . the threw. he i - oses. Abdul Kabir (!SN 

2422) is recommended therefore for transfer to his home colntryb 

a reconcilirdon program. 

(b)(1)fi4uparticipa in 

9. IL c for this review is :AA.' t (b)(3), (b)(6) 

(b)(2) „or (b)(2), (b)(3), (b)(6) 

(b)(3), (b)(6) 

J oint Task Force 435 at DSN 

. 

2' 

DR3 V Packet MAJ, IN 

2. Surnatc:f1;:ed TeStirtiO Y With Exhibits President, Detainee -R eview 3oarct 

3 


MP 4(a), (b)(1vOtj 47.ay 

2c;r1::] Mee., 

Abdul Ka(b0pa4a, witidt6nal, was cr al et a vehicle cheei,:oi :1: by Afghan force§ppFl a , (!);1)1.4c 

0)1(1)1.4a, (b)(1)1*h11e travcr':ng in a taxi n l'arigarhar Province E on a report that a taxi. with 

IEDs would be trani g nlnn that route. The co:112011elltS ` -c) 2 complete i EDs were found 

in a bag in the hae;-,t. o the taxi. Three other men were ni se -- -aveing in tb.)01.1a4(413E1 .4(c), (b)(6) 

(b)(1)1 4(a), (b)( 1 ) 1 A(c), (b)(6(P)( 1 ) 1 4T4,,(b)( 1 ) ° AtaosMobir ' s friend vi::o had travelled with hit 

and Raiz were visiting (h)(A) 1, winx:n they had met only days 

before. rilv_ taxi wa-.s stopped and se ied twice e icIED rnatei -ias were found. 

Only 03 

7F)1,„41,(er ktained. 

The Board found that the circumstances of capture were suspi TiOUS, especiaiy In light of 

the fact thn erL ,..vas no published pre-capture repe.' g on 'albir. The only limited 

reporting ',vas u tip ished ai:Id from a capturing un:t sm.irce. indicated : 1,7..i3i1 was 

involved in transporting ;l.F.Ds(!'i -pi-no, Po4AF. Thera was no l>ornecric evidence 

connecting 1(abir to the I'Ds found in the taxi and 

mahm;a:ned t e. L neve: - saw a hag in the taxi ant: ad no kr. owiede of the iEDs, 

C )ti.- ring unit reports of i7IO1\ contacts on pc;c1(et hqer found Kabir were unable to be 

'rail a no lvgra .ph test regarcing IED acivi y and possession of bombs. 

At the hearing, isister:ody with h.s previous ir.:errogat:)ns and indicated 

he never wished tc Lu IThirrately, the 13o;:nc: ibund that although 

Kabir did reee'zin -.:ernmenc criteria evidence tf.. show that he remained a 

contihuiii, Lwcat aspeciafly in lght of the il - ct :Jhat he had been detained for approxirrately 

5 yea:c.a. 

SEcrT 


Page 8 redacted for the following reason: 

(b)(1)1.4a, (b)(1)1.4c, (b)(6)

atm of Board 

STEP 4: 

)1.4a, (b)(11.4e 

i 1NDIN GS erance 6f." t; elation uresented, as r.ember , Ind that : 

(For no-t-4,-fg[r t.a cod r 

crimin::1]irosettuzion in a tcto.,', 

cot:rtt. edorr e - Boar v22 Feb 2010 

Thir drcracrce. DOES Nar 'MEET mE.CRITERIA for internment and Will bo .rel eased. Si. p .a.nd sign qt t.: ito4:4n, 

The incrrIlstcd above MEETS CRITERIA FOR IMTERNMENT ier:ause beds a per: an who plannei authorized. committed, Or aided 

the lerro:i.A. :recurred on Septern'srer "1'1, 2001, and persons who harbored Pose respons =le for those attacks: ((owinete to Step 2) OR 

listdd at:or cl°,1EE.TES CRITERLA NIEltNNIENT because lie is a oar ..)n who was part of. or substat,: -.tlly supported, 

ariban or al-clard .& forces or :1st oeiate,i forces that ...;:d in hostilities against the Cubed tes or its coalition partners. :i ;dine any person 

who has corm-Maoi a or has directly sip:)orltd.hostilities. in aid of such meow ni -n ed forces. (Continue to Step 2) 

STEP 2 (Ti ASSESS" , ' lit.7.0 .DATTON): Mar trr into accoun 

detainee's potertt'al for rf,c00.C.i,:',,Jog, :1.70 eventua; toicirtgration into socleiy, 

by all -Pi:ponder: ra o to actuatE :nod titas co Peed iote rumen% 

if NO --SS:kin' rt. i2aa deIn.inee '3 ,;,es; (Go to St!, 3A) 

is n-r:C`..5f,": .Tted at ;e:1 to your :recordm eneationi 

tetri assessment IS 

. Wve t.r::conlnlenciation a SP P 2 i itur.nrnerit is no rzeaessar; 

hod 7eay. , 

race :eke one r.). - ne awin g reel:yr:rate...teat -ions: cPt cdt01 1 tlrallt dings Ilsrod tar thr: eetainme be (F P. ONLY 

wiMott. corr:Ittions; or 

bred it- A' -gitan authorities lOr rhelt mention. 

ittsitoTed n Alit at .ttitho ties f._:7 ?art iciparioi: in a rceonciianon or reirdca:ratiol urram 

(b)(3), (b)(6) 

o a til.. erytint: 

It oleasc. (rustle 

BAGRAM / CENTCOM /001394 

xemeed60.4.

a af Board 

STEP 1 (FIN)INGS,: B: a. preponderance of the information presented, as a member of the 

The detainee DOES NOT MEET THE CRITERIA. for internment and will be released. 

b a Irt,':a.a)tra . 

(tit 

CR 

ASSI.:SSM ENT "gd.'1CO.N1;1 ENDATI. ON): After raking bit net 

t. for aa1tiitriUfttr:t.or., rerrntat'.'im1vra rir5 P tan' 

iteartimeitt 

RN'. to rniti7r, .r'edtth 

'ch lee to your reeotriarrt 

ot re threat as5ecsment ic y . 

.==.",_.:tationaIl' 'Itag ft 

iation orooram 

(b)(3), (b)(6) 

poses; (CoStep 

or relearn 

comity for: 

v.5 Feb 2010 

Li 949 1(3), (1_46) 

ReviewBoard (DRI3), I find that: 

bciv (old sign at the bottom, 

11.e det !l.stad above l.. ,11 .71ETS CRITERIA FOR INTERNM1'..NT because he is a pen in who planned. atithoried, committed, or 

aide rorist that .t..eLirred on Sc; ,iernber 11, 2001. and persons who harbored the::: re p,:a.air:5Ie ihr tie Attacks: (Cominue to Step 2) 

nt 

(b)(B), nee listed a: -:)ove.IVIECTS CRITERIA FOR.IIVFERNMLVT. because he is a per IO co was part of (5r ste)stantialy supported, 

ida fbreas or associated :.irces that are engaged in hostilities against the United St: ..es or its coailtion partners. including any person. 

Who has eon cd a )c1I.i4crel aet. or has direct) , saptiorted liostiliries. Uof such enemy arm .rai forces. (C -ontl .i:Re 4 v 2) 

STEP 3Az !Tye'. r ecommendation in STEP 2 internmentt is not necessar' to rairigaie the threa Arica oses 

fixn one of the 1 

die findings listed a :ave. I recommend that tha dat,I.mm e be: 

conditeis: or 

Transferred to Afghan authorities for their consideration or Irmiptosocution, 

'Frar sha red 1, , Afghan authoritief: participation in a recon CP/A.:1W' I ion on ram. 

(b)(13J () n and non-I 

prise:ea:ion ". 

(b)?), (C" 

STEP 3B: 

S':;7:1' 4: 



(b)(1)1.4(a), (b)(1)1.4(c)

STEP 1 S): prer t. tTerant. 

STEP '2 (TPI EAT AS' SS M.ENT7 

detainee's: t...nd ever ZItt-grS-.6On 

by g pre e ,,,= Witte inforritti.oi ot.i..:th7-: had I :ern int eat 

STEP 3t1: 

b11)1.4a, (b)(1)1 

/ 7 

)rroation presented, as a member of the Detainee Review Eehrd. that: 

Theoeminee DOES NOT MEET '11 CRITERIA for internment and will he released. So p here and S.i'gn at the hf,doni. 

rut 

The dett.:.oe CRITERIA FOR INTERINVENT because he it a pe.t . Nvho planned, authorized, cortunittec!.. or 

aided the terrorist that ocrt - tc Ion September 11 2001, and no wito harbored those ,TionSible for those attacks: (Continue ro SO':; 

('It 

'hu Jet ice.' 1 tm cMEEh CR11 ['PIA 

Ta or a1-Qa iOrce-t or ',Isso:„.iat,;(1 forces that 

who h.is CalThiliti.LA heligercrit act, or has directly sur.i 

'1 Ni .X.,7ESSAM mir;:?,1e . tEie,- hrvAt (htalinee pnaes; Stan 3A 

r.,^ 

V 

-"war 

TS71: i 

- er 

,,-.7 ;1 ,:. I011/ 

Ce 4-Js 

f C rck L51-1 _


(b)(1)1.4(a), (b)(1)1.4(c)

sT.Lp 2 /0. F,-.AT,f ON): Sc.rict -tr ucconot 

d.etainee'5' no I .nrt raafta recoacilla tion„ and eventual rd i ';:ci..;rt,..ion 

-11 rirjrMIltiOn,1: find at c.aritinueC Inv:rumen:it: 

1(b)(3), (b)(6)`, 

STEP 33: 

it 1:0 Tour 

ree vs of which cha ar r.Z.VSeSSI .?"-L 

e pos._ "0ste p,.? 

It „it tc Ahanauthorities for pea roe in a recoacilin or reinteuraVourt alOe 

(For opal - _S. 1:rd-country onai): .L.f I to aol 

eiIr e one 

(b)(3), (b)(6) 

; 

tt-,t 

v., 5 Feb 2010 

.4a, (b)(1 )14c 

STLA (FINDlis '.";:c 7 : a preponderance "-c iaiormation presented, as a member of e )etalnee Review Board (DRB), 1 find that: 

The ooDOES NOT MEET THE CRITERIA for internment and will be released. SO here emr! sign at the bottom, 

OR 

lb:: dct t d lbove MI c. (.. 1:Ra FRIA FOR ;;NTERNMENT dUse he is a pars m who . planned,dO 11 I comirlitted, or 

aided Inc terrorlst attacks that OCCUR 1 ii '.p i. I I persons 1-i;tii-hdreid It re. ponsible 'or those ti Con tinzre to Step 2) 

OR 

(1)(3), (b)( The deuiinee :isted ob c MEETS CRITE.7.1.', Cat IN1i-..1 1.NME.I. Ifac he is a per:, ;)11 who was pan of, or so noai nupported, 

or al-QuiCaforcis or assoc .:aced force hat rre e ostilities United es or its eoalition partners, -Jae:Luling any person 

whci has comtnitte.a a belligerent itet, or has directly supptri ed ulitie. M a cacaoy arm id forc.cs, Ceyntinue to Step 2,i 

1othgic 1.07f Co::: :rick,.7 

S . 1 1 11iP oar Recommendation in ST l:P 2 is thatra:L000f racethi not neciessart triE!igate Ve Ibrat roe 1.etai nee poses 

e fttrc irltwing ticcommendatiort..i: a 1:'31_ of the findings listed a 'o' - e, ; recommend Cm ie 

.sc without conditions! 

'Ted to Afghan ':r ,,,irsideration of crittinal 

BAGRAM / CENTCOM /001399 

maize ie


(b)(1)1.4(a), (b)(1)1.4(c)

1 (UjigeW0) [Ia101.4a4:0(1-4 ,3(2 ( 1 ) ul abir, emtered the 

2 boerdroo7.- his aea -:.n front of the board members, and the 

3 hearin is called to order at 1.700, 2 June 2010.] 

4 

5 (U) Per ons Present 

6 

7 (11) MAJOR! (b)(3), (b)(6) RESIDENT OF TE 

8 

9 (u J0R (b)(3), (b)(6) 

. 

11 

12 

(U) 

(b)(3), (b)(6) ri TWO; 

13 (U CATAiN (b)(3), (b)(6) DETA) EV1EW BOARD 

14 

15 

1-Ec3aa Four; 

16 ZET_FT -ENTAT' comAym. (b)(3), (b)(6) , PERSONAL 

17 

18 

7:17P'allI3ENTATIVE Four; 

19 

20 

(U) MAI7OR I (b)(3), (b)(6) LEGAL REPRESENTATIVE; and 

21 

22 

PZCIALIST I (b)(3), (b)(6) PARI,LEGAL. 

23 

24 

(1.1 (The er was sworn.) 

25 (U) The detainee was advised by the president of how this board 

26 was not a criminal trial and how this board vas to determine 

27 

28 

whether or not he met the criteria for furthc,r internment. 

29 (U) The president also notified the detainee that he may be 

30 resent at all open sessions of the board permitting that he 

31 acted aPpropriately. ISN 2422 was also advi s ed that he could 

32 testify under oath or unsworn if he wished to do so, that he had 

33 a personal representative who was present atthe hearing, that 

34 he may present information at the hearing including the 

35 testimony Of witnesses, and that he can exam:.ne documents 

36 

37 

presented to the board all of which the deta:.nee understood. 

38 (U) Further, ISN 2422 was instructed that, at the conclusion of 

39 the board after the legal review, the board would determine 

40 whcter he net the criteria for further internment at the 

41 Detention Facility in Parwan: The detainee Understood the fact 


1 that if he does not meet the criteria, he woild be released as 

2 soon as possible_ However, if he did meet tl.e criteria, then he 

3 would be recommended for further internment, transferred to 

4 Afghan authorities, or released without cone tions. 

5 

6 (U) CAPTAIN (b)(3), (b)(6) presented the following 

7 unclassified information to the board: 

8 

9 (U/i/Feeer) ISN 2422, Abdul Kabir, was captured on 25 July 

10 2035 by Afghan forces at a vehicle chec7,,point after a 

11 search of the taxi he was traveling in revealed two fully 

12 functional remote controlled IEDs. The Detainee's friend, 

13 ( 13)( 1 ) 1 A(aLLLIE4MM100)alse denied, Two other men in the car and the 

14 driver of the taxi were not detained, The Detainee was 

15 transferred to Coalition Forces the same day. 

16 

17 The Detainee only had pocket litter on him at the time of 

18 capture, A bag with components for two fully functional 

19 IEDs was found in the backseat of the taxi, which is where 

20 the Detainee and his friend were seated. The TED components 

21 included a block of explosives, detonat.:on cord, four 

22 blasting caps, and wires. The bag also ( . ontained an IC 

23 radio and two receivers. 

24 

25 Dece2tion was indicated on 17 April 2007 polygraph test 

26 when the Detainee answered "No" to the following questions: 

27 1) Have you ever been involved in bomb or TED activity?, 

28 and 2) have you ever Had a bomb in your possession? 

29 

30 The Detainee is assessed to be. an IED facilitator operating 

31 in Nangarha.r Province. 

32 

33 Detainee meets the Internment Criteria this board 

34 determines he was a part of or substant -...ally supported 

35 Taliban or associated forces that are engaged in 

36 hostilities against the US or it Coalit. -....on partners, 

, 

37 including any person who has committed a belligerent act or 

38 who has directly supported hostilities aid of such enemy 

39 

40 

armed forces. 

32 


(U) The detainee, ISN 2422, made the following statements to the 

2 hoard: 

3 

4 (u/irouo).- The past five years I am here and you guys keep 

5 asking me what are those items doing with me and why I have 

6 the items. I have already said the answ er but I will be 

7 willing to say the answer again. I was in business with my 

8 brother driving a truck. When I got homE, I saw my cousin 

9 was in a fight and put in the hospital in Pakistan. . When I 

10 found this out went down to visit my cousin. When I was 

11 talking to them at the hospital it was cetting late. The 

12 guys I was talking to were na.(4401.4(a),(0(1) -1.4(1)(ay'ig, k4(W01.4(0,00Ttey 

13 told me that I could come to Afghanistar, and see the 

14 mo'antains when it snows and it is green and is just nice 

15 scenery. It was very hot in Pakistan anci. it was nice and 

16 cool in Afghanistan. When I went home I told my family I 

17 would be bac in a few days and I went E.n.d picked up my 

18 flz-i(e)T144,(b)(1)1140Rb)c ,p to Afghanistan. We got. pmJAKopmylAmApuse 

19 and it was late in the day. The next 47 -„ay I said we should 

20 go and they said to wait for a ccupTh Im)re friends then we 

21 would leave. I kept asking to leave and their friend was 

22 still not coming; we waited about 4-5 days. I said that if 

23 we don't leave then I and my friend are going to go back to 

24 Pakistan. They apologized and said well, our friend still 

25 isn't here. We then went to a bazaar and they told me that 

26 they were going to go get a private tax for us. The taxi 

27 driver wouldn't go to the main roads. I asked him why he 

28 wouldn't go to the main roads and he sa.:.d it was because 

29 his family lived back there off the main roads. When we 

30 were on our way home we stopped for a snack and then got 

31 back in and then we saw the ANA che oLnt and they stopped 

32 our vehicle. When we got out of the veh_cle they searched 

33 us and then let us go so we got back in and started driving 

34 to the main roads. When we were going to the main roads a 

35 man in white clothes with an AK told us to stop the vehicle 

36 and then they arrested us. They put us n a vehicle blind- 

37 folded. When I felt bumps I would lift the blindfold and 

38 after lifting it a third time the ANA took it off and put 

39 my extra clothes over my face. It was thin and white and I 

40 could see through it. When we got out the vehicle they 

41 took us in a guest room for about 30 minutes andolgiffirmaro(TRA(04*(3) 

33 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

12 

13 (U) 

14 auestio,:r 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

2 :6 . 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

and I went to the U.S. 3a00)1.4(4(0)(1)1A(40V4yed in the guest 

hoise. Why did the ANA pull us over oncE and then a second 

time? Why didn't they take Us straight to the compound or 

base? 

(b)(1 )1.4a, (b)(1 )1.4c 

(U) DETAINEE 

Abdul Kabit)( 1 1.4a, (b)(4.1 G0(2) 1 Z4a, (4( 1 )VU8 c.zaled. for ,:he board 

and rsi:;. -Ified, in. abstance, as follows: 

(U) DIRECT EX.A1C11,:A.'::.'ION 

asked, in the fol - in, 

(U17-510= I am called Imran. My father's name (d)(3)f.4,(a), (b)(1)1.4(4 (b)(6) 

b 1)1.4 a) 1)1.4 

b 6 1. I am from)01.4(a),.(b)(1)1.,(4/4 I have always 

lived there. I am a second driver of my brother's business, 

I d:cive a truck. I co back and forth from one side of 

Pakistan to the other. My truck driving job never took me 

into Afghanistan. Any load we could find we would haul it. 

I met the two men at the hospital. They left to Afghanistan . 

and I followed with my friend. I knew the men for about two 

or three days. I saw them in the hosp1tz,1 next to me and I 

greeted them. I went pp) .4(a),(b)(1)1.4(0,0cIppuse when we came to 

Afghanistan. op1)1.41(2),(ww.40Dm i were living close to each 

other. 

My friend' s namemiga po)14m7.401e9ok him wi':h me just to go see 

Afghanistan. This was my first time co.m:,ng to Afghanistan. 

(b)(1)1.11(a), (b)(1)1.4(4),X144 brothers walking i and out of the house. When 

walked around I was with (b)(1 )1.4(a), (b)(1 )1.4(c), (b)(6) 

There were five of us including the tax:. driver. None of us 

had a bag when we got into the taxi. When we went to the 

bazaar we were drinking tea and t(h)4(a),(b)(1)1.4(6,110mt and got a 

taxi and we got in the taxi. When we we:fe stopped the first 

time we all got out of the vehicle. We could see them 

34 


1 

2 

3 

4 

5 

6 

7 

8 

9 

11 

12 

13 

14 

15 

16 

17 

is 

19 

20 

21 

22 

23 

24 

25 

26 

search the vehicle and they completed the search. Ther was 

nothing, there for the first search. 

I was sitting behind the driver in the taxi. The same 

soldiers stopped us the second time. I didn't see anyone in 

the vehicle do anything suspicious. When we were captured, 

all four of 1.:,s were taken to the guest house .(40.440:0( 1 ) 1 14(W10(6) 

I. were taken to the compound. They releze.450alt(4002( 1 ) 1 44 TA671 )1.4(4000) 

mo)14o)1owypot..00wbe guest house 

(Unclassified Exhibit 2, pictures of itEms collected on the 

detainee, was shown , to the detainee) It has been a long 

me so I don't remember what is mine. 

(Unclassified Exhibit 3, pictures of th( .i, IED materials 

found in the taxi, was shown to the detainee) The first 

time I ever saw these things was when I was at the base. 

I never knowingly transported any weaoiis in Pakistan. If I 

were released I would never ever come back. to Afghanistan. 

I think I am here because people cat brLng those things 

from Pakistan and sell them in Afghanistan. It is alright 

here; sometimes good and sometimes bad. 

27 (U) 7,:r..IFINENANT 

28 the following que ns 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

(U) CROSS-EXAI-NAT I ON 

(b)(3), (b)(6) 

asked, in substance, 

(u/kFelaar+ In my culture we respect our uests. I spent five 

years here and I need to go home and ge ,-. married, and start 

my life. I learned my English in Detain , :e Housing Unit. 

(U) EXAMINATION BY THE BOARD 

(U) Member 2 asked, in substance, the ns: 

(u//-F-eue) If I were released I Would go back t o Pakistan. 

(U) WITNESS TESTIMONY 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 2 4 2 1. 

11 

12 

13 

1/1 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

(7.1AFG1Jc 1030) cO-Captt4WA(a),(b)(1)1.44(b)Was car_ed as a witness f 

oard, erit ed the boardroom, and testif:.ed, in substance, 

as foilowa 

(IT) The detainee witness v, -a: advf.s 

criminal trial and that he -All be 

detainee's board. 

4- 1 

testi 

th-s wasnot a. 

in another 

(U) The detainee witness was i11ing to 4- estt.fy in front of I= 

CAPTAIN (b)(3), (b)(6) 

(U) DIRECT EXAMINAT/ON 

as ked, - ti:nce, the folfowLa4 

(u//fitebbort My name is (b)(6) I am being forced to be here and 

I don't want to be here. First I was in the holding cell 

for a long time and they wouldn't let rrif, use the restroom, 

I just want to go back to my cell but I will answer any 

questions that I have the answer to. 

The man behind me is named Abdul Imran. I know him because 

he is my fellow villager. We are from(47(1)1.4a.,W01.4c We were 

both captured in Afghanistan. I said the same story for the 

past five years and I won't repeat myse again I won't 

answer any more questions from you. 

(U) CROSS-EXL:1'111TION 

(U) L=TT COA= opmAa,(b)(1ylAc asked, in s1:2-.)stanee, 

the followin ., questions: 

(u//Q sg4 I am in jail myself, how can help him? 

(U) E7-77111...7ION BY THE BOARD 

(U) Member 2 asked, in substance, the following questions: 

(u//FeuG)- The detainee is my friend. I em a fellow 

prisoner, how can I heir him? My friend has his own mouth. 

36 


1 

2 (U) [The witness withdrew from the boardroom 

3 

4 (U) The recorder did offer unclassified exhibits 

6 (U) The personal representative did offer un(.71 ssified exhibits. 

7 

8 (U) The recorder had no further unclassified information to 

9 offer the board and, per the recorders requei -t, the president 

10 granted a closed hearing at the culmination of the unclassified 

11 hearing. 

12 

13 (U) The president announced the coricsion of the unclassified 

14 hearing. 

15 

16 (U) The president of the board instructed th(, detainee that he 

17 would be notified of the board's decision wihin a couple of 

18 weeks and that he would be released if the d(!cision is made that 

19 further internmen7. would not be required. however, if the board 

20 decided that further internment is required, he would be 

21 retained at the Detention Facility in Parwan, transferred to 

22 Afghan authorities for participation in a reconciliation 

23 program, or released transferred to his national country for 

24 participation in a reconciliation program. Furthermore, if 

25 continued internment was recommended, then an additional 

26 Detainee Review Board would be reconvened in IG months. 

27 

28 (U) The detainee made the following statement: 

29 

30 (U//FOUQ) I have been here five years and I am wondering if 

31 I am released are you going tb give me honey so I can start 

32 some kind of new life? 

33 

34 (U) [The unclassified hearing adjourned at 1H21, 2 June 2010.) 

35 

36 (U) [The detainee withdrew from the boardroom.) 

37 

38 (U) (The classified hearing was called to order at 1821, 2 June 

39 2010.2 

40 

if 

37 


(U) CAPTPIN 

2 to the board 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

(b)(3), (b)(6) presented the .7(ilowing information 

(u//e etliq The battle space owner sent m6 a Memo just 

recently and basically states that he a RCIED 

facilitator and there is no cites for the reporting stating 

that he is a RCIED facilitator and has 1:oved over 50 TEDS. 

It appears to be one source froimkiA(40*IpApiAt I can't provide 

any information on the source. I just r6ceived FBI reports 

from the S! .:ates and they found a hair o the IEDs, but they 

couldn't get DNA from the hair. The finer)rintS do not 

match the detainee, so there , is no biorm.:tric match to the 

, 

. 

detainee and the bomb. The circumstance of capture seem 

Very suspicious, For hi*AtIda (g)c(i);(63 (tX:1) .4(a), (b)(1)1.4(c):(b tvuse 

and having to wait there for multiple is strange. It 

16 could be t4Ap4m,(00y14(04Tpught him here nd sold him to the 

17 ANA, There. were several phone numbers hound on him and I 

18 couldn't match those numbers to any HaguAni network 

19 contacts, His CO-capture:1 8 previous Staements are 

20 consistent with 'his. Own. He has been he:se for five years so 

21 

if 172,e meets criteria, you should consid6r whether he is 

22 still a threat, Since he is a TCN, rele,i.sing hit to 

23 

24 

Afghanistan would not be an option, 

25 CC- ) LIE 7.7TENI COMMANDER (b)(3), (p)(6) rsnted the 

26 

27 

followi - information to the .board: 

28 

(U/4-FavEei- He has a few DRs and I want to point out that he 

29 

put in a formal complaint against the guard. He is laid 

30 back and easy going. In my opinion he w,:nts to go home and 

31 never look back. He stated that he doesl't even want to 

32 

33 

pray in this direction. 

34 

35 

(U) The recorder did offer classified ehibi -,s. 

36 (U) The personal representative did not off e:: classified 

37 

38 

exhibits. 

39 (U) The president and members of the board voted on ISN 2422. 

40 The votes were then collected and handed to The legal 

41 

representative. 

38 


1 

2 ctfl (The ciassi .::eSSiOfladjour 

3 

4 ) OF PAGE] 

5 

0, 2 June 2010.] 

BAGRAM CENTCOM /001409

St ..: S.)2 U.S recompier.ry for :SN 2422 the Detention 1-cillty 

al .. _. IF 111). 

i ..,iATE: . 7 June 2010 

, . 

- 

14 _:. iNl e.::::iR l.-1..,:,.. ._S ' ' -1 ,A,.(,:. :. ' obtain DC ,.. z., 35approvf..1, change, or validate the status of 

ISN 2422 :o he rans!,e7 -red to ::. .. :or t.-..:;: 1;t4.4a2:-.r...-,- :- cc +.1-e-,a-d 

ACTION o: : ,. ,.:./ .7CII7ON/PHONE, NT...743ER: ' c.e Prim t!rkl spons.H)lc (OPRI: JTF 435 nit Legal 

CAPTL _ (qapym ireclor Legal Opthnjons. 

C 1-.;. ?pitse (PSR): 

DSN1 (b)(2) 

2 

4 

COORDINATE'," N 

TO AMON t ;DE AND DATF re AC LO ;1{ -1,N A I Z. !d:,:.': i ,: A..,1 .., ,.T..ADI. AND DA it 

rAv16)(3), (b)* . Revitw/ ' (b)(3), (b)(6) 

A --; :

BAGRAM / CENTCOM /001386

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