is a citizen of Afghanistan
, held in extrajudicial
detention in the United States Guantanamo Bay Naval Base
, in Cuba
Rahman's Guantanamo detainee ID number is 907.
American intelligence analysts
estimate that Rahman was born in 1982, in Mansaira
The official list of names the DoD released on May 15 2006 estimated Habib Rahman was born in 1982. But, when he was released, on October 12 2006, he told reporters that he was twenty years old.
Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Rahman chose to participate in his Combatant Status Review Tribunal.
The allegations Rahman faced during his Tribunal were:
- 'a. The detainee is associated with Al Qaida and the Taliban.
- #The detainee worked for Samoud Khan as a bodyguard and cook in his Mousauwal Compound in Zormat, Afghanistan in December 2001.
- #A senior Taliban commander, and Al Qaida supporter, in Gardez frequently visited Samoud at the Mousauwal Compound.
- #Samoud Khan has claimed to be on a jihad against the United States and instructed his men they must do the same.
- 'b. The detainee engaged in hostilities against the United States or its coalition partners.
- #The detainee admitted to being on a jihad.
- #Samoud Khan, with the assistance of others, was responsible for rocket attacks against United States forces from firing positions on Laywan Mountain.
- #The detainee was instructed to fight to the death when American forces raided the Mousauwal Compound on 11 December 2002, but surrendered instead.
- #''Just prior to the U.S. forces raid on the Mousauwal compound, the detainee instructed his compatriots to all provide the same false story if captured.
Response to the allegations
- Habib Rahman testified that he had not heard of al Qaida until he arrived in Guantanamo. He denied ever being with the Taliban.
- Habib Rahman acknowledge working as a cook for a militia leader named Samoud Khan.
- In response to the allegation that a senior Taliban commander had visited Samoud Khan he said he didn't know, because he hadn't worked for Samound Khan for very long. He suggested that they ask Samoud himself, because Samoud was in the Bagram Theater Detention Facility.
- Habib Rahman denied that Samoud Khan was fignting the Americans. He said Samoud Khan was fighting local enemies, other local militias.
- Habib Rahman denied fighting against the Americans.
- Habib Rahman said that he had worked for a General who worked for the Americans.
- Habib Rahman denied being on a jihad.
- Habib Rahman acknowledged telling interrogators that Samound Khan had launched a rocket attack from the Laywan Mountains.
- Habib Rahman acknowledged that he didn't resist when Americans raided Samoud Khan's compound on December 11 2002.
- Habib Rahman denied ever lying since he was captured. He asked his Tribunal what proof had been offered that he had told other men in Samoud Khan's compound to prepare a false story if they were captured.
Response to Tribunal questions
- Habib Rahman testified a man from his village of Zormat, named Abdul, worked for the Americans. He worked, in turn, for Abdul.
- Habib Rahman testified that he didn't know anything about Samoud Khan having ties to al Qaeda, but he dismissed the idea that Samoud Khan had ties to the Taliban because Samound Khad had kill a Taliban, and had to flee to Pakistan.
- Habib Rahman said he had no idea why Americans attacked Samoud Khan's compound.
- Habib Rahman said he was not in Samoud Khan's compound when it was attacked. He hadn't worked for him for two months prior to the attack.
- Habib Rahman said he knew Samound Khan had launched a rocket attack because he had told him -- he had told the whole village. Habib Rahman testified Samoud Khan said he had attacked Gardez people.
- Habib Rahman was asked several questions about whether he had been told to fight to the death when American forces came to Samoud's base. One response to the questions was:
- Habib Rahman wasn't sure, but he said he thought he was born in Pakistan. But he had lived all his life in Zormat, in Afghanistan.
- Habib Rahman was asked several questions about Samoud Khan's base, and his role in his local region. Habib Rahman told his Tribunal President:
- Samoud Khan was the local commander.
- Samoud Khan's base was in a region with a lot houses nearby.
- Samoud Khan's base was not a training camp.
- Samoud Khan's base had rockets stored there.
- Habib Rahman denied being one of Samoud's bodygruard, said he was just a cook, he acknowledged he had a Kalalshnikov. But he said he had never been trained on it, and didn't know how to use it properly. He had only ever fired it into the air at local celebrations.
- Habib Rahman repeated that he and the other men in Samoud's compound were armed becayse Samoud had local enemies.
- Habib Rahman repeated that he had never worked with any al Qaida or Taliban soldiers.
Release and Abuse Claims
Rahman was returned to Afghanistan on October 12 2006.
According to the Associated Press Rahman reported recent abuse, including sleep deprivation. He said his capture was due solely to gun ownership::