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{{CSRT-Yes}}<ref name=CsrtFazi>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_13_1240-1291.pdf Summarized transcripts (.pdf)], from Mohammad Fazil's ''[[Combatant Status Review Tribunal]]'' - pages 1-6</ref>
{{CSRT-Yes}}<ref name=CsrtFazi>[http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_13_1240-1291.pdf Summarized transcripts (.pdf)], from Mohammad Fazil's ''[[Combatant Status Review Tribunal]]'' - pages 1-6</ref>


{{quotation|
:'''a. The detainee is a [[member of the Taliban]] and/or [[associated with al Qaeda]].
:#The detainee was a member of the [[Taliban]].''
:a. The detainee is a member of the Taliban and/or associated with al Qaeda.
:#The detainee assisted [[Mohammed Omar|Mullah Omar]] in establishing a temporary government following the Taliban conquest of [[Kabul]].''
:#The detainee was a member of the Taliban.''
:#The detainee assisted Mullah Omar in establishing a temporary government following the Taliban conquest of Kabul.''
:#The detainee was the Taliban Deputy Minister of Defense during the last days of the Taliban.''
:#The detainee was the Taliban Deputy Minister of Defense during the last days of the Taliban.''
:#In November 2001 the detainee spoke with Mullah Omar about supplies for his troops.''
:#In November 2001 the detainee spoke with Mullah Omar about supplies for his troops.''
:#The detainee was aware the Taliban was providing the [[Islamic Movement of Uzbekistan]] with financial, weapons and logistic support in exchange for the IMU providing the Taliban with soldiers.
:#The detainee was aware the Taliban was providing the Islamic Movement of Uzbekistan with financial, weapons and logistic support in exchange for the IMU providing the Taliban with soldiers.
:#The detainee is listed on a [[United Nations Security Council Resolution]] requiring member states to freeze his assets due to his association with the Taliban.
:#The detainee is listed on a United Nations Security Council Resolution requiring member states to freeze his assets due to his association with the Taliban.
:#The detainee was at the [[Al Farouq training camp]].
:#The detainee was at the Al Farouq training camp.


:'''b. The detainee engaged in hostilities against the United States or its coalition partners.
:b. The detainee engaged in hostilities against the United States or its coalition partners.
:#The detainee was a Taliban commander of approximately 3,000 front-line troops in the [[Takhar]] province in October 2001.
:#The detainee was a Taliban commander of approximately 3,000 front-line troops in the Takhar province in October 2001.
:#The detainee was directly commanded by the Taliban Defense Minister.
:#The detainee was directly commanded by the Taliban Defense Minister.
:#The detainee communicated directly with the Taliban Defense Minister on military objectives.
:#The detainee communicated directly with the Taliban Defense Minister on military objectives.
:#The detainee was preparing to engage opposition forces on 30 November 2001, when the Taliban Defense Minister commanded him to surrender to the [[Afghan Northern Alliance|Northern Alliance]].
:#The detainee was preparing to engage opposition forces on 30 November 2001, when the Taliban Defense Minister commanded him to surrender to the Northern Alliance.
:#The detainee was captured on the front lines in [[Mazari Sharif]].
:#The detainee was captured on the front lines in Mazari Sharif.
}}


===Testimony===
===Testimony===

Revision as of 04:33, 10 December 2009

Mullah Mohammad Fazil is an Afghan held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internment Serial Number is 7. American intelligence analysts estimate that Fazil was born in 1967, in Charchno, Afghanistan

As of December 7, 2009, Mullah Mohammad Fazl has been held at Guantanamo for seven years 11 months.[2]

Identity

Fazil is alleged to have served as the Taliban's former deputy defense minister.[failed verification][3][dead link][4] Although he negotiated an amnesty with Afghan Northern Alliance leader General Dostum.[5]

The Department of Defense spells his name as Mohammed Fazi.

Template:CSRT-Yes[6]

a. The detainee is a member of the Taliban and/or associated with al Qaeda.
  1. The detainee was a member of the Taliban.
  2. The detainee assisted Mullah Omar in establishing a temporary government following the Taliban conquest of Kabul.
  3. The detainee was the Taliban Deputy Minister of Defense during the last days of the Taliban.
  4. In November 2001 the detainee spoke with Mullah Omar about supplies for his troops.
  5. The detainee was aware the Taliban was providing the Islamic Movement of Uzbekistan with financial, weapons and logistic support in exchange for the IMU providing the Taliban with soldiers.
  6. The detainee is listed on a United Nations Security Council Resolution requiring member states to freeze his assets due to his association with the Taliban.
  7. The detainee was at the Al Farouq training camp.
b. The detainee engaged in hostilities against the United States or its coalition partners.
  1. The detainee was a Taliban commander of approximately 3,000 front-line troops in the Takhar province in October 2001.
  2. The detainee was directly commanded by the Taliban Defense Minister.
  3. The detainee communicated directly with the Taliban Defense Minister on military objectives.
  4. The detainee was preparing to engage opposition forces on 30 November 2001, when the Taliban Defense Minister commanded him to surrender to the Northern Alliance.
  5. The detainee was captured on the front lines in Mazari Sharif.

Testimony

Fazil acknowledged serving with the Taliban, but before they captured Kabul in 1995. He denied ever having a senior position, or ever being in Kabul.

He denied knowing or communicating with Mullah Omar, or any other senior Taliban member.

He denied all knowledge of the Islamic Movement of Uzbekistan.

He denied ever visiting the Al Farouq camp. He stated he had never heard of the camp until he arrived in Guantanamo. He stated that he had no military training other than on the job training.

He acknowledged leading a group of local militia that varied in size between 30 and 120 men.

He denied beina a Mullah.

The Northern Alliance had told them that everyone who surrendered their weapons and vehicles would be allowed to go home.

Witnesses

Fazil's first witness was Norullah Noori. The Personal Representative had taken a statement from him, which was read into evidence. Fazil did not have an opportunity question Noori himself.

Noori said that they had surrendered at Yarghanic in Konduz, not at Mazari Sharif.

Noori confirmed the Northern Alliance promise that those who surrendered their weapons would be allowed to go home.

The second witness was Abdul Haq Wasiq. He testified that Fazil had commanded some troops, but had not been the Deputy Minister of Defense, that position was held by Abdul Razaq.

He confirmed that Fazil surrendered peacefully in Konduz.

Template:ARB

First Administrative Review Board hearing

A Summary of Evidence memo was prepared for Mullah Mohammed Fazl's first annual Administrative Review Board hearing on October 5 2005.[7] The three page memo listed seventeen "primary factors favor[ing] continued detention" and five "primary factors favor[ing] release or transfer".

Second Administrative Review Board hearing

A Summary of Evidence memo was prepared for Mohammed Fazl's second annual Administrative Review Board hearing on August 23 2006.[7] The two page memo listed twelve "primary factors favor[ing] continued detention" and two "primary factors favor[ing] release or transfer".

Third Administrative Review Board hearing

A Summary of Evidence memo was prepared for Mohammed A. Fazl's third annual Administrative Review Board hearing on October 31 2007.[7] The three page memo listed fifteen "primary factors favor[ing] continued detention" and four "primary factors favor[ing] release or transfer".

References

  1. ^ OARDEC (2006-05-15). "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.
  2. ^ http://projects.nytimes.com/guantanamo/detainees/7-mullah-mohammad-fazl
  3. ^ Edward Cody (2001-12-24). "If Able, Pakistan to Hand U.S. Bin Laden: Musharraf Makes Pledge as Troops Scour Border, but Says Fugitive May Be Dead". Washington Post. p. A10. Retrieved 2009-07-18.
  4. ^ "Afghans praise, Pakistanis slam Guantanamo list". World Uyghur Congress. 2006-04-28. Retrieved 2009-07-18.
  5. ^ Justin Huggler (2001-11-25). "Taliban defect but foreigners pledge to fight to the death: Siege of Kunduz - Victory appears close but fears mount that standoff could still end in bloodbath". The Independent. Retrieved 2009-07-18.
  6. ^ Summarized transcripts (.pdf), from Mohammad Fazil's Combatant Status Review Tribunal - pages 1-6
  7. ^ a b c OARDEC (2005-10-05). "Unclassified Summary of Evidence for Administrative Review Board in the case of Fazl, Mullah Mohammed". United States Department of Defense. Retrieved 2009-07-18. Cite error: The named reference "Arb1MemoIsn007" was defined multiple times with different content (see the help page).
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