Mohamed Anwar Kurd

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 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.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohamed Anwar Kurd's Combatant Status Review Tribunal. The memo listed the following allegations against him:

a. The detainee is a Taliban fighter: #The detainee trained at the Qulio Urdo Taliban training camp in Kandahar, AF. #The detainee was trained to use an AK-47 assault rifle at the Qulio Urdo Taliban training camp. b. The detainee participated in military operations against the coalition. #The detainee spent over two weeks at the front lines in [[Khanabad. #The detainee was arrested by Northern Alliance forces in Afghanistan.

There is no record that Kurd chose to participate in his Combatant Status Review Tribunal.

Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Mohamed Anwar Kurd's Administrative Review Board, on 11 February 2005. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

a. Training #In October 2001, the detainee traveled into Afghanistan and received AK-47 training at the Taliban's Qulio Urdo training camp in Kandahar, Afghanistan. b. Connections/Association #During the few months the detainee was in Afghanistan, he stayed in at least three Taliban guesthouses in Kabul, Taloqan Taloqan, and Konduz. c. Intent #The detainee is a Sunni Muslim who planned to assassinate two key Shia leaders in Zahaden, Iran. #The detainee traveled from Iran to Afghanistan approximately one week before hostilities began. #The detainee went to Afghanistan to buy a pistol in order to kill the three individuals responsible for destroying his mosque. '''d. Other Relevant Data #The detainee is familiar with smuggling routes between Iran and Afghanistan, though he claims this is because he has family in the area and has seen smugglers go through the area. #The detainee was arrested by Northern Alliance forces in Afghanistan.

The following primary factors favor release or transfer:

a.	The detainee stated that he traveled into Afghanistan to purchase electronic equipment for his brother because it is cheaper in Afghanistan than in Iran and can be resold for a profit.
b.	The detainee was conscripted by the Taliban after he was caught in Afghanistan. When he was stopped, he did not want to tell them that he was from Iran as he had heard that they had killed Iranian diplomats. The Taliban seized the money that he had with him to purchase electronics.
c.	The detainee denied having any knowledge of the attacks in the U.S. prior to their execution on September 11th, and also denied knowledge of any rumors or plans of future attacks on the U.S. or U.S. interests.

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official. The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized transfer on April 22 2005.

References