s were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. 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 US could not evade its obligation to conduct
competent tribunals to determine whether or not the captives were 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.
Summary of Evidence memo lies on the main road between
Kabul and
Pakistan near the height of the
Khyber Pass. A Summary of Evidence memo was prepared for Ghalib's Combatant Status Review Tribunal, on 1 October 2004. The memo listed the following allegations against him:
Transcript Ghalib chose to participate in his Combatant Status Review Tribunal. The Department of Defense released a ten-page summarized transcript of the Tribunal on March 3, 2006.
Witness and document requests Ghalib requested the testimony of three witnesses and some exculpatory evidence. One of his witnesses was a fellow Guantanamo detainee,
Kako Kandahari. Kandahari was scheduled to testify in person. His other two witnesses were in Afghanistan, as were the documents he requested. The Tribunal's president told Ghalib the Department of Defense had requested the
US State Department to request the Afghanistan Embassy in Washington to request the assistance of the Afghan Civil Service to locate the witnesses and the documents Ghalib needed. The request to the US State Department went out on October 13, 2004, with a deadline of November 8, 2004. By November 24, 2004, the date of the Tribunal, no reply had been received, so the Tribunal's president ruled that those witnesses, and those documents, were "not reasonably available".
Testimony Ghalib denied being a member of the Taliban. He asserted that he had been a member of the anti-Taliban resistance for eight years, fighting under Haji
Abdul Cades and his brother Haji
Abdul Haq. He said he was present when Abdul Haq was killed, and was very close to Abdul Cades. He asked for the testimony of Haji
Bemohab Mohammed, the new Governor of
Jalalabad and Haji
Mohammed Sahara. He said he named these two men because he knew they were well known to American officials. He felt sure that their testimony would have established his innocence. Ghalib told his Tribunal that he had captured many Arabs and Taliban, and turned them over to American custody. He said he had even been part of the unit that went with the Americans to destroy
Osama bin Laden's house. He told his Tribunal he had much documentary and video evidence, back in Afghanistan, that would establish his innocence. Ghalib told his Tribunal that he found the accusation that he had a letter from a Taliban leader shocking. Ghalib told his Tribunal that, two months before his capture he had found out that a Mr.
Hadrataly, a commander in Jalalabad, had written a letter falsely denouncing him to American authorities. Ghalib attributed the false denunciation to Hadrataly being from a different party jockeying for power during Afghanistan's reconstruction. Ghalib told his Tribunal that he responded to learning about the letter by traveling to Kabul and appealing to a senior official with ties to the Americans, to explain to them that he was innocent Upon his return he learned the Americans had inspected armories maintained by Haji Jabar, who was the
District Manager. The Americans emptied those armories. Ghalib said, as part of his official duties, he too managed an Armory, a sealed Armory, that had not been inspected by the Americans. A few days after his return Americans arrested him, in his office, ==Administrative Review Board hearing==