Hiztullah Yar Nasrat
Hiztullah Nasrat Yar is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 977.
Yar's crippled, father, Nasrat Khan, is also detained in Guantanamo. Yar gave a sworn statement in his father's defense.
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 a 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.
Yar chose to participate in his Combatant Status Review Tribunal.[2]
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.
Yar chose to participate in his Administrative Review Board hearing.[3]
References
- ^ list of prisoners (.pdf), US Department of Defense, April 20 2006
- ^ Summarized transcripts (.pdf), from Hiztullah Nasrat Yar'sCombatant Status Review Tribunal - pages 26
- ^ Summarized transcript (.pdf), from Hiztullah Nasrat Yar's Administrative Review Board hearing - page 151