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.
Qader chose to participate in his Combatant Status Review Tribunal.
The allegations against Qadar were:
Qadar acknowledged entering Afghanistan, but disputed that he entered illegally. He said that he carried a valid passport, that bore a valid visa for Pakistan. He said that when chose to go to Afghanistan, from Pakistan, he learned that there was no border control, explaining why his passport wasn’t stamped, showing his entry to Afghanistan. He said that the reason he entered Afghanistan was to try to help the needy.
Qadar acknowledged briefly meeting someone who worked for Al Wafa. But he didn't really know anything about Al Wafa at the time, and his conversation with him was very brief - five minutes long - and consisted solely of seeking shopping advice from a more experienced person.
Qadar acknowledged reaching the front lines, during his travels. But he claimed he never participated in any kind of military activity. Further, his stay preceded the attacks of September 11, 2001.
Qadar acknowledged carrying a rifle for self-protection.
When the Pakistani authorities captured him they knocked on the door, and there was no resistance. They asked for him, and asked for his legal papers. His passport had not expired, but the visa for his stay in Pakistan had expired. When he was in Pakistani custody he was told that he was in custody because his visa was expired, and he would be taken to the Yemeni Embassy.
A statement from Abdul Aziz, the Al Wafa director, was entered into evidence. Abdul Aziz stated he did not remember ever meeting Qadar, and since he didn’t remember him he could never have worked for him.