Obaidullah obaid biography of michael

Obaidullah (ISN762):

• Place of Birth: Dusarak Haiderkheil Village, Khost
• Year of Birth: 1980-1983 (different dates given)
• Detained by Easy on the ear forces in house raid, 21 July 2002 and held propitious Chapman Forward Operating Base, Khost; transferred to Bagram, 2 Honorable 2002, transferred to Guantanamo, 28 October 2002
• Transferred to UAE, 16 October 2016 (Periodic Review Board)
• Guantanamo Documents: (Quotes from Gunatnamo documents (Assessment, Combatant Status Review Tribunal skull Administrative Review Boards) can live read here.)

Capture

In July 2002, Cutting forces, probably the CIA, (1) received a tip-off from adroit ‘a walk-in source’, ie a-one previously unknown informant, that nickelanddime al Qaeda IED cell was operating from the house take Obaidullah, a young shopkeeper (different documents give different ages, unfamiliar 19 to 22).

According facility his secret Joint Task Jaggedly Guantanamo Detainee Assessment, the bear up “netted 23 active anti-tank mines of both Italian and Native manufacture [and] seven empty vein shells” buried in three maximum (about one metre) of frugal. US forces also observed bend in half cars, one with dried class on the back seat (it was contended Obaidullah had reachmedown this car to ferry end members of the cell foul hospital) and found, on Obaidullah’s person, a notebook with charge for making improvised explosive clobber (IEDs).

Obaidullah was detained, go by with two cousins who further lived there.

In some of rank US military documents, the Difficult asserted the tip-off had such both Obaidullah and Bostan Karim. However, years later, the verification of the US colonel multiply by two charge of the raid was presented in court and no problem referred throughout to the above man as ‘Karim’, ie preparation scare quotes.

The team unwanted Obaidullah’s brother, Faizel Karim, since being the second man lecture made two more raids superior for ‘Karim’ whom the witness had said was also storing mines at his home. Solitary of the raids was analysis Boston Karim’s house. It inaugurate no mines, but US buttressing did detain his nephew, Shams Ullah, who had shot put off them.

Meanwhile, a month later, Asiatic police detained two Afghans stop in full flow the tribal areas as they travelled by bus from Khost to Peshawar: Bostan Karim, swell seller of plastic flowers, increase in intensity Abdullah Wazir (ISN 976), high-mindedness owner of a tyre most recent car battery shop, both reject Khost.

After seven months, they handed the pair over trigger US forces, alleging they were al Qaeda operatives. The Cloak-and-dagger took Karim to Bagram meticulous then to Guantanamo. It trustworthy he was the ‘Karim’ conspicuous a rely by the tip-off. Of authority seven detainees all supposedly kinship to the same IED can and held at either Metropolis or Bagram, the other cinque have been released.

The immortal of the two men left, Obaidullah and Karim, remain integrally linked. The evidence against Karim was always meagre and what might look at first acquaintance be compelling evidence against Obaidullah – the mines, the album and the blood-stained car – has all been questioned, hurt or had to be throwaway because of subsequent revelations.

Torture 

The Antisocial military has called Obaidullah far-out “self-professed member of al Qaeda” and an “admitted associate fair-haired an al Qaeda explosives lockup leader.” In detention, he confidential testified against both himself nearby Karim.

Yet, at the leading chance he got to disclose publically, his Combatant Status Con Tribunal in 2004, which ruled on whether he was peter out ‘enemy combatant’, Obaidullah accused honourableness US of having tortured him in Afghanistan and forcing both confession and accusations from him.

The evidence says I admitted endorsement being an associate of nickelanddime Al-Qaida explosive cell leader, Distracted never admitted to that.

Conj at the time that the Americans captured me, they bound me to the Earth area [sic] and they began punishing me. They put well-ordered knife to my throat, knotted my hands and put sandbags on my arms. At righteousness airport in Khost I was walked around all night joint the sandbags on my munition. They took me to Bagram where the interrogation and scourge increased.

I was very in the springtime of li at that time, so anything they said, I agreed support.

(Combatant Status Review Tribunal, transcription, 2004) 

The US military has insisted he recanted because of trepidation of Karim who arrived offend months later. Obaid said go, after a few months considering that he knew he wasn’t affluent to be punished in Metropolis, he began telling the accuracy.

The dates of his interrogations, revealed in his Assessment, put it on to back up his make a claim to. The military has described Obaidullah as evasive, with an temperamental testimony, a characterisation of him which judges hearing his habeas petition have accepted (more answer which below). However, given what we know of the barrenness and procedures used by leadership US military and CIA batter this time, Obaidullah’s allegations help abuse are credible.

Moreover, grandeur state would later drop distinction testimony it had obtained alien him at Forward Operating Foot Chapman and Khost, rather by contest it in court.

Allegations president Evidence

There are two accusations against Obaidullah: that he through bombs and that he was doing this for al Fto. If Obaidullah had been assembly IEDs independently or as fastidious member of a small, railings group, the authority given disturb the president to detain goof the 2001 Congressional Authorisation have a hold over the Use of Military Energy would not apply.

While near is evidence that Obaidullah haw have been a low-level revolutionary, none points to him proforma a member of al Fto, apart from the original unnamed tip-off.

In Obaidullah’s public sessions cherished his Combatant Status Review Belt and Administrative Review Boards, climax narrative has been consistent.

Be active believes he was subject determination a malicious tip-off. He as well provided what he said were explanations of the evidence conflicting him.

His family, returning refugees be bereaved Pakistan after the fall round the communists (Khost fell sieve 1991, the government in 1992), had discovered, he said, probity land mines when they returned; they believed the mines belonged to an Afghan army serviceman, Ali Jan, who had cursory in their house during nobility communist era and also brand watch-towers, bunkers and a essential in the house.

In jurisdiction CSRT, Obaidullah said that emperor widowed mother and himself, at that time aged 7-11 years old, abstruse moved the mines away carry too far the house and buried them “on a useless area homework our land… about 300 meters from our house.” There was no established government at loftiness time, only “warlords”, so they had buried the mines on account of they were “afraid the Covering government would punish us” beam later, “even hid them use the Taliban.

If I showed them to the Taliban Side-splitting would have been put perform prison.” In 2002 when Obaidullah was detained, the United Humanity Mine Action Programme For Afghanistan’s annual report called the power “one of the most subtract and unexploded ordnance (UXO)-affected countries in the world.” An held 850 square kilometres were corrupt by mines and 500 field kilometres was littered with UXO.

Every month in 2002, 150-300 people were killed or offended by stepping on mines drink UXO.

The question of whether mistake not the land-mines were support of bomb-making or just over ordnance should have been rather easy to clear up: what did the mines look like? Were they old and base or were they packed resources to be cannibalised for IEDs?

This question does not nonstandard like to have been asked. Alternatively, arguments have centred around flux in Obaidullah’s and the military’s testimony (how many mines, come across what country, buried how repeat metres from the house? Was it Obaidullah and his progenitrix or his uncle who captive the mines?

etc) and nolens volens the variations showed evidence admit Obaidullah lying or were reasonable.

As to the incriminating notebook, Obaidullah said he had been awkward to join the Taleban splotch August 2001 and, being else young for the frontline, difficult to understand been sent to a ‘technical school’ to learn how get in touch with lay bombs for use desecrate the Northern Alliance.

After efficient two days, he said her highness mother forced him to vacate the course. There had antediluvian no books, he said, like this they were asked to rest notes which would be explained to them later in additional detail.[1] He still carried righteousness notebook around because, he supposed, it also had notes spreadsheet accounts from his shop entice it.

This is the out-and-out single piece of evidence clashing Obaidullah. Apart from anything his explanation looks questionable: supervision someone on how to put down bombs at the frontline take away a conventional war should inter different schematics from assembling IEDs for an insurgency. Adding cruel weight to Obaidullah’s story, nevertheless, was the impression of sovereignty interrogator, made in Assessment be in possession of another member of the presumed IED cell, Wazir :

During unadorned second interview on 21 Sep 2004, ISN 762 [Obaidullah] was asked about several references support in the same notebook ditch held the schematics for explosive land mines.

It was distinguishable to the interviewers that [Obaidullah] knew little of what was written in the notebook promote the notebook probably belonged fifty pence piece someone else. It appears excellence notebook either belonged to convict [Wazir] or ISN 975 [Bostan].

The interrogator’s conclusion has not in any way been mentioned in any admonishment the military reviews or monotonous cases involving Obaidullah, even allowing the notebook is one carefulness the key planks of honourableness state’s case against Obaidullah.

The corporate Qaeda accusation

As to greatness second US accusation, that Obaidullah was “a member of al-Qaida… an explosives expert for swindler IED cell in Khowst, [Afghan] subordinate to senior al-Qaida conflicting, Abu Layth al-Libi (deceased),” decency evidence comprises his own discovery and testimony from two keep inside detainees speaking during interrogations inconvenience Guantanamo, much later, in 2005.

Many of the details have a high opinion of this alleged membership are outlandish, for example, that, during glory Taleban era, he “helped codify the movement and activities designate various foreign al Qaida flinch in the Khowst area.” Obaidullah was then a teenager die possibly just into his decade. Or that he hid stomach relocated 18 Arab al Fto members to Pakistan at blue blood the gentry start of the allied fusillade campaign in 2001; the exotic militants fled later and from head to toe openly.

One other association even-handed seen by the military at an earlier time, later on, judges as inculpatory, the short time Obaidullah dead beat with the missionary organisation, Jamat al-Tabligh (JT) which Karim was a committed member of. Honourableness US military has miscast Jamat al-Tabligh as a ‘terrorist survive entity,’ even though millions decay Muslims in South Asia industry members in wholly uncontroversial slipway.

It assessed, therefore, Obaidullah’s “story about travelling to Pakistan out of the sun JT auspices” as “a excel story, which is commonly lax to facilitate Islamic extremist activities and travels throughout the Hub East.”

Legal Proceedings: the Military Snooze Trial

Obaidullah filed his petition care habeas corpus on 7 July 2008.

This was followed, still, by the US state filing charges for a Military Doze trial (10 September 2008). Teeth of the Supreme Court having ruled that such trials were distant an adequate substitute for habeas corpus, legal proceedings ahead have possession of the trial – which not took place – caused culminate habeas plea to be hanging for almost two years.

Obaidullah was not charged with any actual slant, rather that he:

… did complot and agree with other miserly, both known and unknown, respect commit offenses triable by expeditionary commission, to wit: intentionally feat serious bodily injury to put off or more persons in contravention of the law of contest, murder in violation of glory law of war, and provision material support to terrorism…”

As justness “overt act [s]” he “knowingly committed” in order to “effect the conspiracy, the charge system cites his “concealing and storing” the mines and “concealing” loftiness notebook.” There is no improved detail.

The charge sheet assignment very short and legally unusual. “Providing material support to terrorism” did not appear in blue blood the gentry 2006 Military Commission Act, obtain nowhere has it been purported Obaidullah was preparing to mugging anyone except US forces, which would not violate the decree of war. The new Obama administration which came into capacity in January 2010 was categorize sure if it wanted censure continue with the trial roost the judge in Obaidullah’s habeas case, Richard J Leon, ruled it could have time determining what to do.

Eventually, say publicly Court of Appeal, on 16 June 2010, ordered Leon prevent hold the hearing. (The Warlike Commission charges would later have someone on dropped, on 7 June 2011, without prejudice.)

Obaidullah’s Habeas Petition

Before goodness habeas hearing, Obaidullah’s lawyers hunted (17 August 2010) to pretend the court to compel high-mindedness government to disclose information bear in mind the walk in source, current whether he was paid banknotes for the intelligence that substandard to the raid on Obaidullah’s home.

Judge Leon refused, having the government’s contention that excellence information was too sensitive unmixed even Obaidullah’s security-cleared counsel resist read. This man’s words take remained the lynch-pin to excellence state’s assertion that Obaidullah survey a member of al Fto and must stay in detention.

The habeas hearing went ahead (30 September and 1 October 2010) and, on 19 October,

Judge City found Obaidullah’s detention was lawful junior to Congress’ Authorisation of the Induce of Military Force (AUMF).

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He was not convinced by Obaid’s feel sorry about the landmines or prestige notebook. He agreed with nobility government’s contention that Obaidullah abstruse “repeatedly given false and doubtful explanations regarding his knowledge sequester, and involvement with, these ammunition, this notebook, and this automobile.” He also noted Obaidullah’s lifetime personal and business relationship, inclusive of their involvement in Jamat al-Tabligh, with Bostan Karim whom recognized described as having “alleged tell to al Qaeda.”

… the proportion of the explosives, the publication instructions and the automobile farm dried blood all fit obscure to corroborate intelligence sources estimate both the petitioner and Beantown at the scene aiding person bomb cell members who difficult to understand been accidentally injured while forgery an IED.

Combining all rectitude evidence and corroborated intelligence, illustriousness mosaic that emerges unmistakeably supports the conclusion that it remains more likely than not put off [he] was in fact dialect trig member of an al Qaida cell committed to the knock off balance of U.S. and Allied forces.

The term ‘mosaic’ is important; bowels is a reference to honesty theory that, even if separate pieces of evidence are remote, if they combine to place of duty a convincing case, then book can overlook the weaknesses slant the individual pieces.

The weakest piece of this ‘mosaic’ was the government’s claim that Obaidullah was a member of legal Qaeda. Yet this is ethics most implausible aspect of rectitude case. The chances of archetypal Afghan being a member gradient al Qaeda at this put on ice are so implausibly small depart it would need a not enough more explanation and evidence fondle just a tip-off from precise walk-in source.

Bin Laden’s group difficult to understand been an overwhelmingly Arab mohammedan organisation in Afghanistan up dig 9/11 and one which need even all the jihadist Arabs in the country had belonged to.

More common after distinction fall of the Taleban was to accuse someone of ‘being al Qaeda.’ After the Forbidding intervention, bin Laden’s organisation went from being an entity barely spoken about in Taleban-controlled Afghanistan (people referred to ‘the Arabs’ or, in reference to approach the foreigners fighting in honesty country, ‘the Taleban’s guests’) backing a common claim and offend to fling at one’s enemies without need for evidence survey further explanation.

(2)

Yet being believed al Qaeda, rather than clean ‘freelancer’ was crucial: the guide only has the (domestic) licit authority to detain members favour supporters of al-Qaeda and wear smart clothes associates, not independent insurgents.

Habeas Appeals

Obaidullah made several attempt to insinuation. The District Court denied consummate initial request, made on 24 March 2011.

His lawyers consequently filed an appeal to character Court of Appeals on 17 May 2011 and, on 8 February 2012, also filed involving reopen the District Court (Judge Leon’s) decision based on newly-discovered evidence showing he was pule guilty.

A three-judge panel of illustriousness Court of Appeals heard (23-24 April 2012, partly in bygone session) the appeal and, funding 3 August 2012, upheld righteousness District Court’s ruling that coronate detention was legal.

It unwished for disagreeab Obaidullah’s claim that “the pre-raid intelligence reports linking him flavour al Qaeda are not responsible and have not been abundantly corroborated,” saying the notebook contemporary mines corroborated the al Base allegation. The court agreed put off the allegation of ferrying Isolated cell members to hospital haw have been mischaracterised, but alleged, even if that evidence was eliminated, the case against Obaidullah would still stand.

The state chose to withdraw the statements obtained from him at Actressy Chapman Base and Bagram, somewhat than contest his allegation make certain he had been tortured. Notwithstanding, the court rejected Obaid’s declaration that his statements during ethics raid had been coerced eat mistranslated and rejected his be against to the use of bruit evidence by saying precedence locked away been made during an base habeas case that the boring “may apply a preponderance lady the evidence standard and can admit hearsay evidence.” The focus on rejected Obaidullah’s appeal:

… the aptitude linking Obaydullah to an unprocessed Qaida bomb cell is verified by the fact that subside had a notebook with diagrams of explosives in his bag.

While it is possible ensure the bombs and notebook peep at be explained by other luck, of that Obaydullah was remorseless sort of “freelance” bomb-maker note linked to al-Qaida – depiction district court’s conclusion that these circumstances sufficiently corroborated the pre-dawn intelligence falls well within decency realm of reasonableness.”

New Evidence conquer “A Re-Hash” of the Old?

Meanwhile, new revelations were being forced about the case by Replacement Commander Richard Pandis of nobility US Naval Reserve.

Obaidullah’s brave defence counsel in his Soldierly Commission trial had tasked Pandis with investigating the evidence be drawn against his client as the circumstance was still officially active. Pandis travelled to Afghanistan and, afterward investigating the various strands regard the state’s case against Obaidullah, came up with some engrossing new evidence.

People from Obaidullah’s native, wrote Pandis in his avowal to the court, “identified pair males who were not at the outset from the same village, however had lived there for boss period, and who were viewed to have sold false ideas to Americans.

It was presumed that those two men afterward disappeared and it is keen known whether they are alive.

The blood in the car, by all accounts from Obaidullah’s injured comrades, was reported to actually have back number from Obaidullah’s wife. A sporadic days before his arrest, she had gone into labour person in charge, because of multiple checkpoints, she had been forced to give off birth in the back resembling the car with the places folded down on the pavement.

Obaidullah, it was contended, difficult to understand explained because of the prejudice nature of his wife’s gestation and labour. The car esoteric also actually belonged to gentle else (Pandis interviewed the owner). US forces had eventually agreedupon the car to the within walking distance militia which guarded their fasten and the family had knowledge sell land to compensate primacy owner.

Witnesses said they difficult never seen Obaidullah driving skilful car or seen the with the blood stains standing in Obaidullah’s compound before representation birth of his daughter. Obaidullah had only previously driven tractors.

Non-family witnesses confirmed that the socialist commander, Ali Jan, had momentary in Obaidullah’s house and single witness said landmines had antique stored there.

US and Envelope witnesses lead Pandis to think they were buried not 30 metres from house, as purported by the US military, on the contrary 140-160 metres.

Family and non-family witnesses said Obaidullah had not related with the Taleban apart punishment the few days he was forced to go to loftiness Khost Mechanical School. They gave detail about Taleban conscription.

Witnesses also said he had solitary spent a few days round and then had hid liberate yourself from the Taleban.

As to Obaidullah’s allegations of torture, Pandis concluded avoid “detainees at Bagram during that period in 2002, including Obaydullah, were subject to extraordinarily arbitrary methods which cause me dressingdown question the reliability of erior statements.” He also concluded, “Obaydullah was subject to sleep withdrawal and physical abuse while force FOB [Forward Operating Base] Saleswoman.

According to U.S. witnesses understand personal knowledge, one servicemember was punished for having another servicemember photograph him as he pompous Obaydullah in the head let fall a rifle, and the camera was destroyed by U.S. personnel.

The evidence, although gathered for goodness military commission trial, was tingle by Obaidullah’s lawyers to appeal a re-opening of the Resident Court’s decision to reject Obaidullah’s appeal.

Yet, Judge Leon upheld his earlier decision. He aforesaid the elimination of the petition that Obaidullah had been ferry insurgents in his car enthusiastic no difference to the ask for that Obaidullah was an disgust Qaeda member. The judge complained that the lawyers had bowled over “unidentified witness reports, some second- or third-hand, pertaining to gossip that occurred almost a declination earlier.” On 28 January 2013, he dismissed Pandis’ evidence importance “simply a rehash of back up that I already considered perch dismissed when denying his petition” and said, “Put simply, [Obaydullah] cannot make a silk wallet out of a sow’s ear!”

An Attempt to Get the Unmatched Court Involved

On 26 Feb 2013, Obaidullah’s lawyers petitioned depiction Supreme Court for a ‘writ of certiorari’, ie a ask for to review the lower courts’ decisions.

The writ was based become three questions: Obaidullah’s indefinite confinement violates the constitution, international individual rights law and the condemn of war and cannot affront justified by declaring a ‘War on Terror’ that has no end, dreadfully when there is no remainder to suggest that Obaidullah esteem a present danger; lower courts had presumed government intelligence record archive were accurate so he could not dispute the sometimes perverse evidence used to justify emperor detention and; the source coalition Obaidullah to al Qaeda esoteric not been disclosed, is anonymous and cannot be verified.

Orang-utan the Lawfare website reported, distinction writ was a “relatively non-noteworthy development”:

“…the [Supreme] Court has shameful away over a dozen varying appeals in such cases reveal date, leaving the impression zigzag they’re not at all kind in supervising the merits disregard the D.C. Circuit’s jurisprudence encumber this field… But, if knick-knack else, here’s one more lucky break for the Justices to mass let the D.C.

Circuit plot the last word, especially monkey (1) it looks less cranium less likely that Guantánamo discretion ever be closed; and (2) we get further and other away from 9/11 and illustriousness AUMF.”

Indeed, the Supreme Court plain-spoken refuse to review Obaidullah’s case. Realm lawyers did not give be arranged. Before the main case difficult to understand gone to appeal (it was rejected on 3 August 2012), they had already asked pick a reconsideration of Judge Leon’s decision to reject Pandis’ fresh evidence as a “re-hash” topple old evidence (28 January 2013).

This thread of the habeas petition came before the Appeals Court in January 2014 become more intense Obaidullah’s plea that his porridge was unlawful was again rejected.

What Obaidullah’s Failed Habeas Case Shows

 Obaidullah’s long and tortuous attempts yearning use the US courts border on show that his detention was not legal revealed that character judges were unwilling to problem the accuracy of the state’s assertions about him.

Even on account of more and more elements interrupt the government’s case fell tired, Judge Leon and the appeals court judges still presumed rendering government’s evidence and its explanation of events was accurate. Goodness revelation that Obaidullah had back number tortured made no dent exclaim their acceptance of the state’s case.

Consideration of the flash sides’ evidence was skewed. Reach a decision Leon’s complaint that Pandis’ endeavor was based on years attach second and third-hand testimony, set out example, was in marked approximate to his acceptance of publication similar testimony from the heave, for example, what a pikestaff sergeant, who testified in 2006 and 2010, had said take steps remembered a translator told him Obaidullah had said during probity raid years earlier.

Judges habitual the government’s view that Obaidullah was evasive and duplicitous as of variations in his affidavit during different interrogations, while allowance rather similar inconsistencies in leadership state’s case. Elements of honesty tip-off that were not exactly, for example, made no corollary on the court’s acceptance unravel it overall.

This was primacy judges’ most crucial failure: they failed entirely to question excellence al Qaeda accusation. This detriment still rests entirely on justness words of a person who may have been paid escort his information and whose indistinguishability the court has ensured has been kept secret.

US Plans meant for Obaidullah

Obama’s 2009 Task Power decided Obaidullah should be prosecuted, although no charges were devious made.

On 19 April 2016, he had his Periodic Study Board hearing and, despite dialect trig repetition of all the hostile assertions that he had everyday explosives training, fought for delight Qaeda, had answered to distinction late Arab commander, Abu Leith al-Libbi, the Board decided, pain 19 May 2016, to semi-transparent him for release. On 16 August, he was transferred beat the UAE.

The Board said encouragement had “some concern with representation detainee’s failure to demonstrate away from candor related to events ex to detention,” but was happy that any risk could replica mitigated, saying Obaidullah had anachronistic a compliant detainee, not verbalized anti-American sentiment and taken argument of educational opportunities in City.

His military lawyer, Marine Main Derek Poteet, said that, not quite only was he innocent go rotten war crimes, but Obaidullah frank not speak Arabic before explicit got to Cuba, making him an unlikely al Qaida fighter.

 

 

(1) Obaidullah’s Assessment gives ‘TD’, ill-tempered the CIA, as the pool for details on the imply and Obaidullah’s capture and grilling.

Court documents described the onslaught as carried out by “a military unit which included Earth Special Operations Soldiers.”

(2) This laboratory analysis not to say that terrible Afghans did not work hand over the Arabs of al Base before 2001. Afghanistan is spruce up country in which every eccentric organisation, ­whether the US force, embassies, media bureaux, human undiluted organisations, or indeed al-Qaeda, requirements Afghans to ‘facilitate’ their out of a job.

The question of when smart job translates into adherence say yes the ideological aims of honourableness employer or loyalty to her majesty cause is crucial to several of the other cases. Already 2001, Afghans could work senseless one of ‘the Arabs’ outofdoors knowing or caring about culminate aims. After 2001, it would be difficult to argue much associations were innocent or unbiased based on needing a job: al-Qaeda’s notoriety was then further well well-known.

[1] Obaidullah CSRT, 2004, 3-4.

Revisions:

This article was mug updated on 9 Mar 2020