Detainee election form (ISN 0102)

Unclassified

Detainee election form

ISN#: 0102

Personal Representative: USAF

Translator Required? __YES__ Language? __Uighur__

CSRT Procedure Read to Detainee or Written Copy Read by Detainee? __YES__

Detainee Election:

Personal Representative Comments:

Based on a follow-up/final interview conducted on 16 November 2004, detainee has elected not to participate in the Tribunal; instead, he desires that PR present his responses. His sudden change of mind seems to have resulted from UNCLAS exhibit R-3 that describes in detail the terrorist group ETIM and it alleged ties to UBL and Al Qaeda/Taliban. Although detainee adamantly denied having knowledge of these ties, the contents of the exhibit obviously changed his mind. Detainee has previously professed to being a member of ETIM, but not a terrorist. Bottom line: he convinced himself that the information about this group would only hurt his chances at the Tribunal. PR is attempting to ascertain the source of said document, which is a paragraph, typed in MS Word. FOLLOWING IS THE ORIGINAL ELECTION FORM dated 12 Nov 04;
 * Detainee desires to participate in the Tribunal. There are neither witnesses nor documentary evidence to present.  However, PR requires a follow-up prior to the tribunal.  Please schedule for early next week.  Thank You.

An initial interview was held with detainee Mohammad Nag (ISN 0102) on 12 Nov 04
The detainee spoke the language of the linguist and understood the linguist.

The detainee was reminded that the U.S. government established a Combat Status Review Tribunal to review his designation as an enemy combatant.

The detainee was advised that I am not an attorney nor his advocate, but will assist him in the CSRT process if he chooses to participate.

The detainee was advised that a tribunal of military officers will review his enemy combatant designation even if he chooses not to participate.

The detainee was advised that he will have an opportunity to speak on his own behalf and call witnesses and ask questions of the witnesses and tribunal members.

The detainee was advised that he may choose not to appear at the Tribunal hearing or participate in the CSRT process, but that I could present information on his behalf.

The detainee confirmed that he understood the process as explained to him and did not have any questions.

The detainee affirmatively chose not to participate in the CSRT process but requested that I present the following information on his behalf: (see attached PR Notes fro ISN 0102 Interviews).

I affirm that the information above is complete and accurate to the best of my knowledged.

16 Nov 04 Major USAF Personal Representative

Personal Representative notes from ISN 0102 interviews
PR NOTES FROM INITIAL INTERVIEW WITH DETAINEE 0102 (Nag Mohammed)

During the initial interview on 12 Nov 04, detainee elected to participate in the Tribunal and take the Muslim Oath. He had no witnesses or documentary evidence. Detainee responded to the Unclassified Evidence in the following manner (See Summary of Evidence for CSRT -- Mohammed, Nag, dated 5 Nov 04):



Yes he was arrested near Mazar-e-Sharif; however detainee stated that he did not participate in the MES prison uprising. In fact, detainee was in an inside room when the chaos erupted on the outside. He asked if the US was claiming that he participated just because he was present at the prison. Detainee denied any participation in the prison uprising. Detainee stated that he had no intentions of fighting against the US government or its allies, nor did he fight against or kill any Americans. He claimed that he did not support the Taliban against the US and its coalition partners (para 3a). He found the allegations disturbing and denied having any knowledge of ETIM being on the Terrorist Exclusiopn list. During the follow-up/final interview (16 Nov 04), detainee became alarmed and seemed a bit upset when the PR read UNCLAS exhibit R-5 (the exhibit highlights the extent of ETIMs terrorist goals and associations with Usama Bin Laden). The detainee stated that the people on the Tribunal might now accuse him of the items in this exhibit and he would be in a worse situation if he attended the tribunal. PR explained that the exhibit highlights the scope of the ETIM organization and because the exhibit is unclassified the detainee is allowed to review it prior to his tribunal. PR further explained that these (contents of exhibit) are not charges against the detainee. However the detainee elected not to participated in his tribunal.
 * *Para 3a1 -- 3a3: || Detainee asked when the Eastern Turkestan Islamic Movement (ETIM) was identified as a terrorist organization and that he had no knowledge of this fact.
 * *Para 3a4 -- 3a5: || Detainee stated that he was not "closely associated with Hassan Maksum and that he had only saw him on one occasion.
 * *Para 3a6: || Regarding "given instruction on an AK-47," detainee stated that he did not get instruction on an AK-47 and that he only saw an AK-47. He further stated that there is a big difference in being given instruction and only seeing the rifle.
 * *Para 3a7 -- 3a8: ||
 * *Para 3a6: || Regarding "given instruction on an AK-47," detainee stated that he did not get instruction on an AK-47 and that he only saw an AK-47. He further stated that there is a big difference in being given instruction and only seeing the rifle.
 * *Para 3a7 -- 3a8: ||
 * *Para 3a7 -- 3a8: ||
 * *General COMMENTS: ||
 * *General COMMENTS: ||
 * }