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{{Uyghur detainee}}
==Information paper: Uighur Detainee Population at JTF-GTMO==
{{wikisource|Information paper: Uighur Detainee Population at JTF-GTMO}}
{{wikisource|Allegations against the East Turkistan Islamic Movement, from Nag Mohammed, captive 102's Tribunal}}
{{wikisource|Excerpt from the Terrorist Organization Guide, devoted to the Eastern Turkistan Islamic Movement (ETIM)}}

Documents released in response to the [[writ of habeas corpus]] [[Hassan Anvar v. George W. Bush]] contained a memo entitled: "[[Information paper: Uighur Detainee Population at JTF-GTMO]]".<ref name=UighurDetaineePopulationAtJTFGTMO>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1731-1808.pdf#28
| title=Information paper: Uighur Detainee Population at JTF-GTMO
| date=[[30 October]] [[2004]]
| pages=pages 28-34
| publisher=[[United States Department of Defense]]
| accessdate=2007-12-19
}}</ref>
This memo, dated [[30 October]] [[2004]], provides one paragraph biographies of 22 Uighur captives.
The memo asserts that all 22 captives are suspected of membership in the "[[East Turkistan Islamic Movement]]".
The memo describes the Uighur camp as an "[[ETIM training camp]]".

The portion of the document devoted to Hozaifa Parhat
states:
:{| class="wikitable"
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{{CSRT-Yes}}<ref name=CsrtSummaryOfEvidenceHozaifaParhat>
==Combatant Status Review Tribunal==
[[Image:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.<ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', [[December 11]] [[2004]]</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306>
{{cite web
| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
| title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
| publisher=[[United States Department of Defense]]
| date=[[March 6]] [[2007]]
| accessdate=2007-09-22
}}</ref>]]

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 tribunal]]s to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status.

Subsequently the [[United States Department of Defense|Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. 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 (CSRT)|Summary of Evidence memo]] was prepared for Hozaifa Parhat's Combatant Status Review Tribunal, on [[8 November]] [[2004]].<ref name=CsrtSummaryOfEvidenceHozaifaParhat>
{{cite web
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#55
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#55

Revision as of 22:23, 9 June 2008

Hozaifa Parhat
Detained at Guantanamo
ISN320
Charge(s)no charge, held in extrajudicial detention
Statuscleared for release

Hozaifa Parhat is a citizen of China, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Internment Serial Number ("ISN") is 320. Joint Task Force Guantanamo counter-terrorism analysts report he was born in February 11 1971, in Ghulja, China.

Parhat is one of 22 detainees from the Uyghur ethnic group.

Parhat v. Gates

He is the lead petitioner in Parhat v. Gates, no. 06-1397 (D.C. Cir.), a case brought by seven Uyghurs challenging their "enemy combatant" designation under the Detainee Treatment Act of 2005.[2]

Susan Baker Manning, one of Parhat's attorneys, commented:

“If we’re going to hold people, possibly for the rest of their lives, it seems eminently fair that we should look at all the evidence to see if they are or are not the people who should be at Guantánamo.”[3]

Template:Uyghur detainee

Hozaifa Parhat is a 33-year-old Chinese citizen, who is an ethnic Uighur from the (sic) Ghulja province of China. He claims to have fled the Xinjiang province, China to train in Afghanistan and return to fight Chinese oppression of ethnic Uighurs. He was last interviewed in mid 2004. He has no reported incidents of violence in his discipline history. Parhat is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.

Template:CSRT-Yes[4] The memo listed the following allegations against him:

a. The detainee is associated with al Qaida and the Taliban:
  1. The detainee departed China in May 2001 and traveled to Tora Bora, Afghanistan via Pakistan.
  2. The detainee received training on the Kalashnikov [sic] AK-47 assault rifle and other light weapons at a Uighur training camp in Tora Bora, Afghanistan.
  3. The training camp was provided to the Uighurs by the Taliban.
  4. The East Turkistan Islamic Movement (ETIM) operated facilities in the Tora Bora region of Afghanistan in which Uighur expatriates underwent small arms training. The camps were funded by Bin Laden and the Taliban.
  5. The detainee lived at the Uighur training camp from early June through mid-October 2001 until the United States bombinb campaign that destroyed the camp.
b. The detainee participated in military operations against the United States and its coalition partners.
  1. The detainee stated that the Uighur training camp was destroyed during the first night of the United States bombing campaign.
  2. The detainee fled along with others farther into the mountains of Tora Bora with the initiation of the United States bombing campaign.
  3. The detainee was captured in Pakistan fleeing Afghanistan with other Uighur and Arab personnel in 2001.

Transcript

Parhat chose to participate in his Combatant Status Review Tribunal.[5] On March 3 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Combatant Status Review Tribunal.[6]

Response to the allegations

  • Parhat acknowledged traveling to Afghanistan, from China, via Pakistan.
  • Parhat acknowledged being shown how to use two different weapons while in Afghanistan.
  • Parhat testified he didn't know who provided the camp.
  • Parhat disputed that the Taliban or al Qaida funded the camp.
  • Parhat acknowledged living in the camp form mid-June through mid-October.
  • Parhat acknowledged that the camp was destroyed by US aerial bombardment. He did not know whether it was bombed on the first night of the bombing campaign, or not.
  • Parhat acknowledged fleeing the bombing with the other Uyghurs.
  • Parhat acknowledged being captured, in Pakistan, together with the other Uyghurs.

Opening statement

Parhat disputed that he and the other Uyghurs were opposed to the United States.

Beige uniform

"Non-compliant" captives are issued orange uniforms. Compliant captives are usually issued white uniforms. Hofaiza Parhat wore a beige uniform to his Tribunal.

A: That means level one.
Q: Is that for good behavior or for some other reason?
A: Yes, I believe so. If you do not have good behavior they will not put you in level one.

Current status

Five Uyghurs, whose CSR Tribunals determined they had not been enemy combatants were transferred to detention in an Albanian refugee camp in 2006. A man who was born to Uyghur parents, in Saudi Arabia, and thus was considered a Uyghur, was nevertheless returned to Saudi Arabia. All the other Uyghurs remain in Guantanamo.

In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2006.[7] [8] There is no record that a Board reviewed his status in 2005 or 2006.

In September 2007 the Department of Defense released the recommendation memos from 133 of the Administrative Review Boards that convened in 2005 and the recommendation memos from 55 of the Administrative Review Boards that convened in 2006.[9][10] No recommendation memos were released for Hozaifa Parhat.

References

  1. ^ OARDEC (May 15 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  2. ^ Erika Tillery (December 18, 2006). "Hufaiza Parhat v. Robert M Gates" (PDF). United States Department of Justice. Retrieved 2008-04-08. {{cite news}}: Check date values in: |date= (help)
  3. ^ William Glaberson (Wednesday, September 12, 2007). "Officials Cite Danger in Revealing Detainee Data". New York Times. p. A18. Retrieved 2007-09-12. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  4. ^ OARDEC (8 November 2004). "Summary of Evidence for Combatant Status Review Tribunal -- Parhat, Hozaifa" (PDF). United States Department of Defense. pp. pages 55-56. Retrieved 2007-12-19. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  5. ^ OARDEC (date redacted). "Summarized Statement" (PDF). United States Department of Defense. pp. pages 43-54. Retrieved 2008-04-08. {{cite web}}: Check date values in: |date= (help)
  6. ^ "US releases Guantanamo files". The Age. April 4, 2006. Retrieved 2008-03-15. {{cite news}}: Check date values in: |date= (help)
  7. ^ OARDEC (August 9 2007). "Index to Summaries of Detention-Release Factors for ARB Round One" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  8. ^ OARDEC (July 17 2007). "Index of Summaries of Detention-Release Factors for ARB Round Two" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  9. ^ OARDEC (July 17 2007). "Index to Transfer and Release Decision for Guantanamo Detainees" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  10. ^ OARDEC (August 10 2007). Index "Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two". United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check |url= value (help); Check date values in: |date= (help)