Saifullah Paracha
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Saifullah Paracha is a citizen of Pakistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Paracha's Guantanamo detainee ID number is 1094. The Department of Defense reports that Paracha was born on August 17, 1947, in Mongwal, Pakistan.
His son, Uzair Paracha, was convicted in 2005 for providing support to Al-Qaeda, that included assistance for Majid Khan to obtain documents.[2][3]
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[edit] 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.
Paracha chose to participate in his Combatant Status Review Tribunal.[4]
[edit] 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.
Paracha chose to participate in his Administrative Review Board hearing.[5]
[edit] Press reports
On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[6] Paracha was one of the detainees profiled. According to the article his transcript contained the following exchange:
- tribunal president: I do know you had some questions about the legality of your detention. That would be referred to other organizations of the government, but you will be receiving more specific instructions shortly of how to bring your question to U.S. courts.
- paracha: Your honor, I have been here 17 months; would that be before I expire?
- tribunal president: I would certainly hope so, especially since you are under the care of the U.S. government while you are here. As far as some of the other statements you made about jurisdiction, this is a U.S. government executive decision in regards to the detention of enemy combatants….
- paracha: Your honor, my question is that your executive order is applicable around the earth?
- tribunal president: It is a global war on terrorism.
- paracha: I know, sir, but you are not the master of the earth, sir….
- tribunal president: Would you be surprised to hear that Osama bin Laden founded Al Qaeda and Al Qaeda includes people from all over the world? People from America, Afghanistan, Pakistan, Philippines, and people from wherever?
- paracha: Sir, how could anybody know who Al Qaeda is?
- tribunal president:Good question. That’s a very good question.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
- ^ U.S. Convicts Pakistani of Providing Support to al Qaeda USDoJ November 25, 2005
- ^ Jury convicts man accused of aiding al-Qaida Associated Press Nov 23, 2005
- ^ documents (.pdf) from Saifullah Paracha's Combatant Status Review Tribunal - - mirror pages 1-19
- ^ Summarized transcript (.pdf), from Saifullah Paracha's Administrative Review Board hearing - page 138
- ^ "Why Am I in Cuba?", Mother Jones (magazine), July 12, 2006