DECLASSIFIED - Verbatim Transcrinmf Cambaiant Stammarin Im- Him} PRESIDENT: PRESIDENT RECORDFR. PRESIDENT: (1n the record. Remain sealed and come In order. Proceed. This 1 rihunal is being crmdueted an 320. El March 3007 on board US. Naval s: (u Bay. (Tuba The fulluwjmf personnel are: present: (?apxam W6) Status Navy, Freud-cut Lieutenant Malone! linitml Slaw; Air Farce. Member Lieutenant (bll? linich States Mar ins: (Harps, Member Icuzenam (?nmman-dcr United $121165 Navy. Perm-ml Representative Muhammad A mt. ?"l'mnsiauyr Gummy Sergeant (W6) l'nilcd Slams Corps, Licuicnam (?um gm .er ?lls) [?nned Stains Navy, Recurdc-r Captain (blle?) l5. the Judge Admcat? member the Tribunal. OATH 1 All Rise. lhe will he swam. Dru ymr. acutenanzl ?vmmandcr (hm) (hm) sulemnly wear carry nul the duties as R::L:n-rdcr assigned in this 'l?rlbunal 5v help you Gm!" I dc). Flu: Flt-putter will now he: 5wur11.. l'hr: the math. Do you. Gunnery Sargent)! (W5) swear ma: mu m1: thith'l'ully discharge your dual-cs as assigned in this Tribunal help ynu God? i dn. The 'l?ranslatnr ml! be swam. {30 you swear ?r af?rm that you Will laithfully peril irm the duties el' I'mnslumr in the was now in hearing, so help yau bud" {$1001 1 Enclosure (3) Page [#29 15?L-?l 64511300! 1 ATOR RECORDER: ?A'l?lfIR? PRESIDENT: DECLASSIFIED do We will take a mm; in order in bring the Detainee into the mom. Recorder, note the date and limc. l?hc time is #322 mm 21 March 2007. This Tribunql is now in recess [The l?ribunal recessed at 232.2, 21 March 2007. 'l?hc members withdrew from the: hcarmg mum 1 All R5585 [The Tribunal reconvened and the members L?n'lurl?d the mum at 1328.021 21 March 3007.] 0F ABOVE). This hearing Will come to Gui-er. You may be scaled, (TRANSLATION Musml?u Ahmed Al llawsawl. this Tribunal is comcned hy order u'l'thr: lilimc-tur. Cuml?mmnl Status Rcvacw ?l'rihunals undvr lhz: prawlsions of his ()rdm nt' February 212107. (TRANSLATION (DP AIM WE This 'l?ribunal will determine Mustafa Ahmed Al llawsawi meets the crileria be designated :Ls an uncmy combatant against the United or ils coalition or ntla-crwisc meets he. ailena be designate-d as. an enemy cumbatam. (lib-m ABOVE QATH SESSION 2 The members ol?this Tribunal >hali now he: swam. All rise. OF ABUVEL ISN (3) Pagc of?) A TRIBIINAL. TRANSLA ll-(llvl' UR. PERSONAI DECLASSIFIED Do you swear or af?rm that you will faithfully permma your duties as a member Tribunal; that you will impa?ially examine and inquire imo the matter now before 3:01: according to your mum "31136. and the laws; and regulations pmvidcd; that yet: will make such l?i-ncings of fact and conclusions as an: suppcned by she evidence pram-mud; that in thug-e lacks. yau will use your professional best judgment, and common sense; and that you will main: such ?ndings as are appropriate awarding to the best ol?your understanding of the lulu-z. regulations. and laws governing {his proceeding. and guided by you concept ol?justiec so you (iml'? Al ION U?l? ABOVE) du. OF ABOVE). The Recorder will administer the oath to the lemma! Representative ABOVE). you swear (if af?rm that ymi will faithfully periurm ?le: duties of Per?mnal Representallw in this 'lrlbuna] so help you ?nd" 0F Rl?PRESllN'l?ATl?v'lxt "l do PRESIDEN l: TOR: l? You may be scaled. . ABOVE). 'l?ht: Reamer. Rename-r. and "l'ranxlatm have pm irusly been swam 0% 0F Mustal'a Ahmed Al i-lawsawi. y?au are hereby advizs?rd mm the following applies during this hcaring: :l 1 (Mil Enclosure: (3) Page 3 0f 39 PRESIDENT: TRANS LAN PRESIDENT 0R TRANSLA TQR: {through transmit.an {hmugh transfamr?x. ?5 DECLASSIFIED You may be present at all open sessions 01?th 'l'rih'unal. if you become disordcriy. you will be removed 'fmm the hearing, and lhu tribunal will cuminuc to hear evidence in yum absence. (TRANSLATION 017 9.80an You may not be compelled to lexlif?y at 'I?ribumi. However, you may testify If yvu wash In du 30. Your testimony can b: under math or unswom. (3F ABOVE 3. You may have the assistance ol?a Per-mum: a" the hearing. Your assigned Permm? Represemu?ve is present ABOVE). ?r'nu may prescni to this 'I?nbunal. Including the testimony nf witnesses who are reasonably availabic and whom *estimony is relevant to this"; hearing You may qucsriun witnesses testifying at the: Tribunat 0F ABOVE-L) You may examine documents or statements?: u??eren? min other than classi?rd inihrmaiiun. However. certain may be partially masked {or security OF Mustafu Ahmed I-iawsawi. d0 yuu understand thaw pmcexs" 01" ABOVE). Do ynu have. an}: questinn-s concerning the 'I?n?bunai? process? .ATH A 1. N0. 13%! #1001 1 Enclosure (3) Page 4 M29 PRESENTATLQN 0F twtigmww PERSONAL Personal Representativm picasc pruvidc {ht Tribumat with the Detainee Iilcct'mn Form. ft Hk?l?irl handing the ?i?rihuna! the Dctainet: Election Form. which was TRANSLA UR: (through PREMIX-1N I HJR: PR n'tarkcd .2. Fxhihit D-u ABOVE) The tribunal has the Detutnce {Ftuctmn Furm mariaud as Indicating that the Detainee wishes to participate in the: tribunal .tnd wa-ms the ofthe Personal Representative. SLAI OF ABOVEL Yes. RECORDER PRESENTS Recurden picast: pruvidc tribunal with the urn .assiti-cd evidence. (TRANSLATION 1 am handing the: i?rihumtt what has prcv'musly been marked as lthibit R. t. the unclassi?ed summary of the that relax-:5 this Detaincc?s status as an enemy combatant A transiatcd copy vt' this: exhibit was provided to the 'Persnnal Representative in advancv of this hcaring fur presentation to the Detainee [l?iucuments presented to Tribunal] t, IRANSLATIUN Recorder. picasc read the unclassi?ed summary 0t" maths-e :?ur the retard But you let- rm: remind ynu. Mustaiu Ahmed Al Hawsawt. that you "must mt comment on the evidence at this tune. You win he provided an nppurtunity In provide comments Shanty. Recordert please (FR-XNSLA HON OF ABCWIZJ. ISN 9-1001 1 tinciosttre (3) Page 5 of 29 ECORDER DECLASSIFIED l'hc following facts support the determination Ila! the Detainee: is an enmity Combatant. a. 0n the morning of ll EDGE. four airliners-z traveling over the linitcd States were hijacked. The ?ights hijacked were: American Airlines Flight 1 1, Limited Airlines; Flight 175. American Airlines Flight 77, and United Airlines. Flight 93. At approximately 8:46 American Airlines Flight ll crashed into the North Tower ofthe World "l'radc (i?cntc-r, resulting in the collapse of the tower at approximately ?025 a m. At approximately 9:05 an .. United Airlines Flight crashed into the South ?I?owcr of the World Trade Comer. resulting in the collapse oft-he lower at approXitnaiic-ly 9:55 am AI approximately 9:37 American Airlines Flight 77 crashed inlu mi: :aouthwest Side ol'thi: Pentagon in Arlington. Virginia. At approximately mm aim, Iinitml Airline?; Flight 93 Crushed in Stone}: Creek 'Iownship. 'l'hca-c crashes and subsequent damage to the World. Trade ("cuter and the Pcmagon mailed in the deaths of 2.972 persons in New York. Virginia and b. According to Lfnticd Arab Emirates (ion-oral P: alal Authority records. the l?kiamcc a Post Ollicc Box, number [9738. in Sliariah. United Arab Emirates on '24 June 2001. HE opened the Post Office hint undo: the name Muslai?a Ahmed ALHawsawi. date of birth 5 August 1968. His listed his home as 103 Shaikh Sullan Bin Sager Street. ALBuihi-cna. Sharjah. United Arab Emiraics. He lisicd his mobile phone 213-050-5209wa5 c. Recovered Western 1 ?emon receipts show that on 8 2001, "(Jill hijacker? Mohamed Alta soot. 2,86011nilcd States :lollars from Western Union. Safeway Store. 1410-0 Baltimore Ave. 1 aural, Miryland. 'l?hc Funds were by the Detainee a! tho Wall Street mm. l. lnilcd Arab Emirates. on 9 20m :1 Recovered Wastem l.'nion room {315 show tho! on 8 September 200%. "9?1 hziac kcr" Mohamcd Ana sun: 5.000 United Stones ioilazs from Westcm Union. .l-?ood (iiam Sin-re. 1009 Fail-lawn St? Laurel. Maryland .l?lis: l?unds were by the Detainee at the Wall Street Exchange. l'niled Arab Emirates. on 10 2001? c. Recovered Weston: Union receipts Show that or ?9 Scptembcr 2013 l. hijacker" Waiccd Al~5hchn sum soon United Stat-cs dollars from Western lfnion 'l?ruvel-lix Currency Booth Room 2250. Loizan Airport. Boston. Massachusctm. The funds: were received by the Domino: at this [kl-Anson l-ixchangc. Shanon United Arab limirolcx on 1 2001. Enclosure (3) Page 6 of 29 DECLASSIFIED f. Reemered \t'estem L'nien receipts Show that en- 9 September 2001, ?9?1 1 hijacker" Miirwzm (?ti-Shellie sent 5?000 States dniiars i?mm Western tinien t?ireyituund Bus ?1 ermine! ?OMtfi. 700 Atlantic At e. Bostnn, Massachusetts, The funds; were received by the ?ctitinee at the exchange. Sharjnh. {.Inited Arab Emirates on I 1 September 2130]. g. hijacker? Muhammed Atta (Atta?t sent the Detainee a package with Fayez ?anihummad's Teller. Machine card and checkbook. One check was endowed, but not titled in, and split {him the The Federai iixpress receipt for this package was recovered From it mh receptacle located at a hotet utilized by Am. The receipt indicated that the manage was; sent te the Detainee's Post box in Stuttgart. Lnited Arab imitates. it. On September 2001. the Uetatnee ?ew DubaL United Arab Fmirates to Kara-chi, Pakistan via Pakistan lntematiemd \iriines ?ight 212. according to United Arab Fmirates immigration 138601113?. A handwritten page telephone and address bi ?3k was found in a laptop cab?e associated with the. Detainee. The address bunk contained contact tifnumerous at Qaida operatives. The decmrtem was discovered where a senier at Oaida operative was captured j. A computer hard-drive associate-d with the Detainee contain-ed a} Quidu expense rcpurts February 211302 to ftprii 2H0: k. A laptop eumputer hard-drive associated with ?it: Detainee contained detail-ed fur the families of at Qaida operative. t. A laptop computer hard?drive it's?SUClaled with the Detainee contained dctnited famiiy nf'l? Yemeni 3} (him along with the ?status it? the operatives. m, A iuptop computer hard-drive associated with the Detainee contain-ed at Quidu expenditure data from i January 20-02 to 31' December" 200': n. A laptop enmputer associated with the Detainee contained a ?mm at Qaida members who were kitted or wuunded. o. A laptup eumpu-ter hard-drive associated with tie I?Jetamee ennlamed til Qaidii family ailuwance informatiun from Ntwember 2001? 1.0 (fletuber 12003. #100} 1 Enclosure Page 7 DECLASSIFIED p. A lapmp computer hard~drivc associated with Ilic Detainee contained detailed 31 Qaida expense rcpurts from January EUUZ to Ject?mber 2002. q. A laptop computer hard~drivc associated wiih the Detainee contained detailed al Qaidu United States dollars fund serial account information from 1 January 20le In 15 May 20-03 A laptop mmputer hard-arm: assocaatcd with the Detainee contain-ed detailed al Qdida expense information lhmugl?. x-arious incoming and outgoing rupee. l-Furu, riyal and dirham fund transaciions for the prri-nd of! January 2:302 in 3i December Bill}: 015 SUMMARY), Sir. this concludes the summary of unclasgi?cd (JP ABOVE). Very well. PRESIDEN Personal Represemaiivc. Lines: the Detainee have ar-v to present to this Tribunal? Hm: OF ABOVE), PERSONAL REPRESENTATIVE. Yes. sirl um handing lht? 'I?nbunal the ,ng unclassified exhibit marked as exhibit A copy (if this exhibit has previously provided to the Rccurdcr. [Dcicumcms presented to Tribunali PERSONAL i will read ihc Detainee} umi slziiumcni (3F PERSONAL And hc will respiin utter each [3an OF WM #1001 1 Enclosure f?age 3 Off-19 PERSONAL DECLASSIFIED And at {he and as dcsircd. TRANSLATOR: PRESIDENT: TRANSIATUR: PRESIDENT: TR .A'I?f'm PE RSONA i, REPRESENT ATUR 1 UR PR1 . TRANSLATOR PRESIHENT: TRANSLATOR: ABi'Wl-i} Persona! i will pcrmii you to do that at the appropriaie time. ABOVE) [as then: any other evidence? RANSLATION ABOVE.) Na. sir. (IF ABOVE). i?m going to explain new certain of my teas-(ms rcgardmg request made by {he Detainee for production ni?cvidencc. (TRANMATIUN ABOVE) 'i du that fur m-n rczmunh?. Ont, ma: you understanc my decisions. YRANSLATION 0F ABOVE). Aand Wm. {hat i! may he recorded an the. rut-0rd. (TRANSLA HON AHOV If 3. in: Ikminec mind?); rcqucmcd the p-rnductmn (11' me iaptop in the unclassi?ed summary. (TRANSLA (3P '1 hr: ?ctamcc Indicated that he would hr: in a butler mdsmun In explain the information in the unclassi?ed wmmary 1hr Remap. (TRANSLATIHN (3F ABOVE) Especiqu {he items meniio-ncd in paragraph. paragraphs 3i thru 3: (TRANSLATION 0F ISN #10011 fnncimure (3) Pagc 9 of 2'9 .A TO PRESEDENT: TRANSLATOR: I?I?i?l mn- I?Rii?? 3bN?iT TRANSI TR FRESH) EN f: UR TRANSLATOK {through translator). TOR ova?om..- DECLASSI FIED What letters please? 3j 31'. ABOVE). On February 0? ARK 1 determined that the laptop. Specmw'lly the: an the lap?mp, wuuid he relevanz ABOVE) The gov-emu? then trying :0 lncate that AM NE), 1! was located and with-minimal reduction was ided 1hr: Dctamcc. ANSI- . ATIUN ARE I was advised lhut a?cr the Detainee had the upmarunity tn mview that infummtion. 01? he. did not wish Iu present it to the "l?nbunul AEOVISL But would perhaps addrcux the. information :21 his Tribunal. ABUVE). I would like for 3mm rcpcal your last point. Heme. I?hal the l-nl?urmminn was provided 1-0 the Detainee. 01' ABOVE) I Pnciosurc Page If) 15-L-1 6451000/1 SE. A transiuiur): trim-ugh translator 131?. l'AiNl?i' (thmugh translates: av (through mmstator {through translation DETAFNEE (through translation. DECLASSIFIED And then the Dclaim'c is nut going to offer that imurmation now to us in written form. .ATRN But he may 5pm}: In it during his Yes. Did say things. You dvn?t haw 10 speak to them If you dun't wanSay these things in the past? No. It?s: my understanding: {hat you haw been gin-n. this ini-?urmaliun. And then ynu can talk abqu it ifytm want In. Yes. I didn?t rcz?usc ask that the accusations or vidcnce was presented against him" A I surreal that you receive the information you Liqucsicd. A'l'li')N ?r'cs. D0 yuu have any further qucsmm ahuul that informatiun? On!) what I haw: down ISN 951%] 1 Enclosure Page 1 1 m" 29 PRESIDENT. PRESIDENT: TR ANISI PRESIDENT: TRANSLATOR: TR PRESIDENT: PRESIDENT l' PRESIDENT: DECLASSIFIED Very well Additinnaliy the Detainee requested the production of a phone hunk. (TRANSLATION As paragraph 3i, .A?Tit?m ABOV E) That requesl was made known to me last week by "he Persn'nal Reprcacmatix'e. The Detainee stated he wanted to sac-c this; inl'onnamm. (TRANSLATHW OF in belief that it cuuld not he sm'nclh-ing he owm-d U-f- Became he didn't know cnuugh people til! 3 nineteen page phone. 01v AHA WE) that the book was; Mew?1111? 0F since 1! was mentioned an the unclassi?ed summary OF and the Detainee behaved that it wasn't his item. 0F AHUVF) was arranged the Detainee with the phnn-u bank for hiya review. ABOVE). And i understand mat. than has happened. 151113.! a rrect?? ESN ?10011 Enclusure (3) Page 12 of 29 DE Eli (thmugh translamr) PRESIDEN if: DETANEI: (thmugh Irmslatur}: (ihmugh transiamrj' (threugh translator): PRESIDFNI PRESIDENT IURW ATOR: FREEZE DENT: DECLASSIFIED (TRANSLATH 1N OF ABOVFXL cs . And a: this point the Detainee does not ms'n pruducc that phone. back to the ?I?rih-unal for its consideration. 0F Is that curred?? Du you Wan! us t0 see that phone: UF 1323 they want to look at it or Shnuld luck it? I wam In know ii'ynu have seen if? ABOVE). Ya I guw it this morning. Do you wani us [0 sec it? 'l?rihunai. 01: Am may. It doesn?t make.- any difference me. Havmg provided the Detainee ht: requested. 0F ABOVE). it?s up :0 him If he?d like us to review I1. .ATIDN 0F ABOVE). If" th-c Tribunal believes it need to see these material; 1F we wili have them produced fur us 3001'! Enclosure Page. 13 0f 29 154:1 64SIDODI1 3 TRANSLATUR: Ini't?AtNH: (through translator) PRESIDENT: TRANSLA ERANSI .A YUR: Dti I MNEE ("thmugh translator): PRFSIDENT: TRANSLATOR: DECLASSIFIED .-. . - I {31" Do yuu understand? Yes. Yer} well. Ones the Recorder have any "further unctassu ?cd :31 ?rms? ABQVEJ Mr. President. I have no further unciassi?cd CthCI-ttic fur the Tribunal. but I request a tribunal sassion at an time to presant classi?ed evidencc relevant to status as an enemy combatant. (TRANSLATION (rt: mum-t). Recorder. your request fur a closed session is grantcd and wilt ht: taken up in due course. 0F magma). the members need additional time to review the unclasstt?cd evidence"? ABOVE). \20. Sir No. sir. Mustut?u Ahmed A1 iiawxawx. ynu may now make an mal statement 10 the i?ribunal and you have the assistance of your Persona! Representative in doing so. Do ynu wish make an ma! statement tr this ?1'rthur1al'.j 0F ABOVE). Nut an ma! statement Un yuu warm your Personal Representative '10 man! the statement that has been prepared for you? ESN #100] Pagt: l4 nf 2Q a 6451000114 DETAIN i DECLASSIFIED . I II a I (thmugh translator}; Yes! PRESIDENT TRANSLATOR: Alright. You an: [we to comment on that statement ii?ynu desire to. ANDN 0F (through {tanstamriz (30nd. TRANSLATOR: Hi you would like to take: 3:103:11. we wouid prm?im: one: to you as wcli. I understand you do no: wish to take an naih. SI ATION OF A F. {through transiator}: Yes. do nm wish In nail} PRESIDENT: I understand. Persona! Representative you may HF ABOVE) to the Unclassi?ed Summary oi?liviucncc for TRANSIJX IUR: PERSONAL Status RWicw 'I'rihunal for Mustafa Ahmed Hawsaw: dated 21 March 2007. (waning Remarks. The Detainee wouid like the Tribunal} to know the mum-?mg infumimmn and take ii into consid-irrauon concerning the iapiop found in his possession when h: was 1317252ch The Detainee states that he did not have any knowledge of soma of the documents and ?les contained an the laptop and wants to cmphasxzc that he has: never seen same of the information listed against him in me Unclassi?ed Summary of Evidence. The Dctainw wants the Tribunal to understand the rcamn fur this swtemcnt is the: inh-rmation coniaincd on the laying: was copied several different pCI?SU-nal cnmputcr hard drives {mated in a safe h?lme i?hc mini-nee and uthcr pcopic cap-icd the personal computer hard drives In seven?! laptops in urder in make. it easier in lrimsiaon the infurmminn. ABUVH in response 10 item h. the Detainee suites that he a post nf?cc 'rmx IBM is knciosure Page 15 0f 29 1 'e ULL/Lmobtt?itiD tn Shariah. limited Arab iimirutm but dues not any ni'thc numbers listed in the paragraph. 1 RANSIATUR (TRANSLATION 0F ABUWI). PERSONAL In response 10 item 3, the Detaincr states; that he hax new: seen the nineteen page and addrusb. bunk (TR ANSLAHUN OF ABUVE) FERSON AI . in response to item 5. the Dctamct: states that by does not recall ?tting this btrfore bccausc the Arabic used on the document are unciear and mixed up. m: ABOVE). A 1' Wk; in response 10 items 0. m. p. and r. the llctamcc u. ants tn cmphasiwz that he hm; never seen mibrmamm beibrc. ANSI .A EUR: PERSCWAI. RE-PRESENTATIVE: In tn item 1. the Detainee States that hr: did not write this document. Additiunalijr. [)ctainct: states that the cumputer cantained infurmatitm about chcni families hut ha did nu: know they wen: from a! Qaida TR ANSLATDR: (TRANSLATION ABOV PERSONAL In tn item a. the Hemmer: status that tht- laptop unmputcr containcd ahuut all who were sti?ed or injured and not necessarin pcopic {mm at Qaida. t3?: Detamcn states that the ducument was; the Internet art-d myonc \t'h-n had new information was responsible fur updating the document. Ul? PERSONAL That is ths: statement Sir. #1 1 Enclosure 3) Page 16 of 2?9 Di {thmugh translator) PRESIDENT nhmugh transiamrkr (through translator): DPT MK tthr-nugh translamrl PERSONAL DECLASSIFIED .AAN HRAXSLATIQN ABOVE). Musmfia Ahmed Hawsawi. IS than: anything ym wuuid ?3 add to that (TR No. Did you undersde cariicr when i told mu dad nut haw u: make slalcment here mday'? 0F MKWF). Yes. Arc ym; under any pressure or duress; today in mak: a statemcm 1hmugh your Pursunal Remain-mauve" Were those yam words at. read by the Representative? 0F Yes, Personal Representative. {in ynu have qucsliun fur the Detamcc'? OF A W13). REPRESENTATIVE Nu. sir, PRESIINLNI . Dues. the Ruwrdw have any questions for lhfi (TRANSLATION 0F #1001 Enclosure REM IRDER: PRESIDENT: BEES: . MEMBER: 4? EE {through translator}: MEMBER: (through transiamr MEMBER: TR 3R, through translator): MEMBER DETAINEF DECLASSIFIED NU. sir 0F ABOVE). Du any of the Tribunal have questions i? 1r the Dctaincc?? ABOVE). Yes. sir. Yes. sir ABOVF). Vet): we? You may (TRANSLATION 0F ABOVE). Did you receive. the four Wesicm Union wire Hangers mentioned in the unuiassi'?ed summary"? RANSLATION OF A BUY Ii) Yes. me Muhammad Ana and Waiccd ALShehri? HUN 0F ABOVE). ?z?u?s H015: did you lhcm?? By communicating With lhcm. .h-iuhammed Ana mlicd mt; 'hefnrc received these receipts. was sun?: between us. Now. what did ynu do Wilh the muncy after you ran :1 {mm Mohamme Ana and Waited Al-Shehri? ISN #10011 Enclosure 3 Page 18 (11'29 1 8 (through trunsiatnr}: N1 [through Irunsiulm?: MEMBER: TRANSIA 10R DETAINEF (through imnslalur)? (thmugh imnxiator)? MEMBER TEL-KNEE (thr-O-ugh tramiatnr; MEMBER: (through translator): MEMBER: I put :1 my hank "account in Unich Arab Emirates Only. [did not do anything else with it. Why did you ?y to Pakiszaal on September 1 1. 20h (TRANSLATION OF ABUVE). On i i. i knew there was an npcratiunreturn back in {?akmzan mid you in go "hack :0 Pakistan? (TRANSLATION 0F AWWE). R-amzi bin al~Sh1b}r. He suggested to me that I should gn back to Pakistan. And. 1 ask Khaiid Shaikh Muhammad and he told me to go back now When 3m: were .m Pakistan Did you ever meet Khalid Shaikh Muhammad or Rama-i bin al-Shibh?? OF Yes. I have met Ram'zi. Did yrvu ever Iran?! to Afghanmmn" 0F Yes. How long? A Mi. When were you there? (3F I staycd in Pakistan. Afghanman a permd of nine munths When you were in Afghanistan. did jgn-u ever ?Alth Usama bin Laden. Dr. Aymara AI-l?awahiri or Khaiid Shaikh Muhammad" ISN ?100] 1 iinciosure (3) Page of 29 DECLASSIFIED EUR: 01"" through 1r:mslamr') ?f e2?: MEMBER: Did you ever attend any at Qaeda training camps in Afghamsmn'? I ABOVE) Dfi'i'AmEii (thmughtransiamn Yes. MEMBER Did you tram Al I?amuk?,? FOR: 0F {731% MEMBER Did yuu have any cuma-ct or with September 1 hijacku'rs before September 1 l. (TRANSLATK ARK )Vlrf (Ihrcugh translator)? Yea MEMBER: If so. what was the nature of that contact or (through transimur): I have met four in United Arab Emiratzts. And. I had a wmmunicaticm with Mnhammcd A-Ita. Did you mine zramfcr muncy tu them prim It) -l i. 2901" OF MKWE) FAENEE {through translator). 550? MEMBER. Did you about the September I 1. mm attack. bet}.er they occurred? 531001} Enclosure (3) Page 20 0f 29 1 DEF ?Enough transhuur')? MEMBER TRANSLA IUR {thmugh translator); F. BER: PR (through Ummlaiur). MEMBER: DE Hi (ilmzuzgh transit-tun). l: BER: {through translator): DECLASSIFIED SI. ATHJN 0F ABOVE). I knew it on the night i i. 2001. Did you. ever um: Ihc laptop cumpuwr that's mentia an in the unciassi?cd summary"? ABOVE). Yes Nu more questions. 01? ABOVE) Okay. I'hank you. Why did the three members send ym those: Western Unmn telegrams 0f about m-cmy ihuusund dollars',? (TRANSIATION OF ABOVE). I don?t kmw; 1m: rcusm why Had you received previeus Limon tcicgrarns of simiiar amounts of money or any elm-owns of moracy from muse members prevmus to that day? (TRANSLATION 0F No. Are ycu an al Qaidu member? ABOVE). No. ISM $100] 1 Enclusurc (3) Page 21 154:1 MEMBER: DISTANFE DECLASSIFIED many associations with a] dea members? 0F ABOVE Hhrnugh iranslamn i hr?p ail the MEMBER: DE No further questions, sir. ABOVE). Have yum swam Jihad? Are you a. Jihadist" AIM 1. (thruugh translator? No. I have never taken an 03th In he a ?lm-dist. PRESIDENT: XOR: DETAINEE And, you said you are nut a of 31 Qaida?? A81 WE). Sn yuu have new: swam allegiance Usama bin ,adcn'.? (through translator): Mn. PRESIDENT DE TA Eli Have you met him? UP [thrnugh translatm?) Yes FRESH) How many timcs?? OF A (through translatan I?m not sure Ahnutthumr?wumcs. ISN #1001 'l Enclosure 3 ?1 Page 23 1 DECLASSIFIE FREMOENI When was the ?rst time. appmximawly '7 RANSIAH )Rf JUN 0F ABOVE). (through translate?) In the sccand halfnf the year mm And. when was: lhe lam mm: Wu saw him'.? (TRANSLATION 0F (thmugh trans-1mm) Appmximmciy at and of 2001. And. wax that in Pakistan or Afghanistan? TRANSLATOR: 0F ABOVE). (through :ranslamr) It was in Afghanismn. You mention that yuu were: in Afghanistan for some time ibllowiug September I 0F ABOVE). (through irunsiutur}: Yes. Were you the Jihudist at that time? (thruugh Iransiator): Yes. 131d yuu carry and use a weapem"? AHUVF) (thmugh translatur): Yes. And. the .lihadisa were ?ghting against the US Forces a: the iime" '1 HFRANSLATION OF :1 i (H11 1 Enclosure Page 23. onQ BETA lN'lil-Z {through translator FRANSLA TOR (thmugh translalur)? PRESJDIZNT: {through translator PRESIDEN l" (tluough translamr). TRANSLATOR: Dli'l'AlN 15F. through translator); (Ihmugh translamr}: 1-!qu Han-uvm DECLASSIFIED When 1 was in Afghanistan then: no American ?we were Amcncan forces in Afghanistan, 50-. who were the Eihadisl' again-st" A'l'll'lN There was no nm: at the time. {he people were mun-g as guards. They were: ready and prepared to rebel and attack if it ouurrcd. And you was then: 2155151ng or hnlping that? Ul? ABOVE). Yer; Where were you captured? (TRANSLATION (ll: ABOVE) la the city of Rawalpindi in Pakistan And how did that happen? 01: mama). was living in huus-c by mysull'and ahmn rune PM. Khalid Shaikh Muhammad came so me in the evening. And, ahow :wn AM in the morning the: Pakistani came and ?lmy us. Would yoz. like more dclails. lhal's cnnugh" You can explain what happen. 0F ABOVE). He has nn more details but ifyou have questions aria-ml. other matters. lie is ready to answer them. ISN mam 1 Enclosure (3) Page 24 PRESIDENT: .ATUR: {through translaior}, l' ANS ATC) il?'l'MNH? through Iranslatorl? l?lsll-?S?ll?lFNT? TRANSLA DIETAWEE 1 through translator? Dli'l?Allel?. (:hrnugh translamri: TRANSI DE-i'i :?xlf?ilili (through iranslaior): Would you describe your meetings with {551mm blf' Laden. The nature of those. what did you discuss? What was that abouz mm- Uli wow?1:. Thu lam time 2 mm with or had like a limited matting. But in beginning I bamcally I saw him in the: guest house: or during the holiday season. He was also present at the time. Would you discuss al Qaida operations or military r'iperal'iuns with him" UF ABOVE). No You said that you went. 1 helicvc it was to Pakistan on around the ?rm: Qcptemlicr ABOVE). Yes Ari-Ll you were aware ot?ihc attacks that night? Yes. But you had been with Rumzi bin al-Shibh and Khalid. Shaikh Muhammad talking dbOUl ihoac events lac-lore they happened? Would explain tho: for me?? (TRANSI ATHW UF Al?Whl. the ml" of September? 1 met Rumzi bin al-Shihl: Foiled Arab Emirates. Hr: 1lolci me that nexi night than: would hr an operation and. iliercfore: I. should go back in Pakistan. So. called Khalid Shaikh Vluhammad and. hi: lold ow to go back. And Ramzi bin al?Shibh in the morning ol?thc 1 hr: traveled to ?'akiman. And i Left on September I to Pakistan. And on the 12?? of September. we met at ihc airpori in Pakistan. And we entered Afghanistan from there. ISN ii I O?l 1 Enclosure {3 Page 35 of 1 EIE (through translm-or)? PRESIDEN TRAN (thmugh {ran-51mm}: PRESIDENT: MEMBER: TRANS LATOR. MEMBER: TRAN SLA TOR DETAINEF {through translator): MEMBER. TRANSLATUR: DECLASSIFIED Why did you have u: leave Because ofwhat Ram?zi mid you? ABUVF), anzi told me than the next day there would be an upcra-tinn And 1 mid him i would be able to mine to any hotel or any Mir-3r city within United Arab Emirates. Fur about a week two u-mii things; quleted down. And. then I can go back m} upa?mcnl. He told me have to return. Than I spoke to Khalid Shaikh Muhalnrnad and he told rm to return. What I dun?t madam-and. is why did you have {n gt? mu ul?mwn if )(tu had nothing to do with (he 2 1m bombings? 0F ABOVEL Ramzi mid me to go back. 'i don't want 10 gm back. I mid Ramzi that I could may :31 the how! far abqu 3 week or two. 'i?hvn back In my apanmcni But he mid ms, nu. mu have to g0 back. Okay, Any further qucsxiuns in light ofminc?? hm one man: question sir. Khaiid Sheik?) Muhammad and Ranwi bin al?Shibh were they your buss-es? ANJVITZ) Nu. Um: addition questinn sir HF Yau ibund out on the If!" uf 1hch wank? be an operaliunScpiembcr you He.? back ant-f heard u: the attacks in New York Guy and Pentagcm. 133?: Iinciosutc (3) Page 26 0129 1 645/{308126 ATOR: MEMBER: .ATOR: DE. l?AlNliE (through translatm): Nil-5M BER: FRANKLA DETAINEE (through translate?: TRANSE TRANSLATQR: DECLASSIFIED 0F ABOVE), What was "3.0th reaction when realized that you were part 01~ that Operation? ABOVE) [n the beginning I was surprised by the size of the (Jpn-ration It was mostly a surprise in me. No more questions sir. (TRANSLATION OF ABOVE-I). Thank yuu. Mustal?a Ahmed Hawsam is. there anything clsr: you Would like to add? .A l?lO'Nl Of" ABUVE). \lo. CALLING 0i? WITNESSES We will mm allow for the calling wali?C'SSt'S. Al; wutnesscs called belbrc this Trihunal may ht: qu-cstinned by the Detainee. the Personal Representative. the Recorder. anti the 'l'r?ihunal Members. (TRANSLATION 0F Dues the Recorder have any witnesses in pres-em? Nu. str. 0F ABOVE). l-?mm tho: Detainee lileclitm Pom: prtwidcd thc"l"t1hunal earlier. new that the Detainee has nut requested tht: presence (alien); .A TIUN OF ISM #100! Enclosure (3) Page 01?29 (through tran-slatnr). Yes PRESIDENT: UR: M'usmia Ahmed Al iiawsam'. this? concludca {he unciassi?ed evidence In the 'I?rihunaL We are. about to conciudu the unclassi?ed mmion of this: hearing. yau wish in "now make any ?ml atatemcm to the Tribunal? OF (through translatnr) Nu. PRESIDI-IN T: TRANSLATOR: FRESHWN II DENT: gigs-me AH uncfass-i?cd evident: having, been provided in ?hc 'I?nhunai. this concludes the open tribunal session. ABOVE) Mustafa Ahmed Hawsawi. Yuu shall be noti?ed of the Tribunal decision upon compieti-on review (J :hcsc proceedingu by the Combatant Status Review Tribunai convening authority in Wa-xhingmn. DC. 0F ABOVE). if the tribunal determines that you shouid not be us-si?cd as an enemy combaan ynu wili he released in your heme Country as soon as arrangements; can be made. (TRANSLATION 0F ABOVE). If. i116 Tribunal determines your ctassi?umiun ax an enemy cumhatam, yum may be eligible for an Administrun w: Review Hoard hearing at a future date OF ABOVE). The Administrative Ruvicw Board wiil makt: an assessment then: is cantinucd rcasun tn. believe that you pose a threw to the United States or its; coalition partners in the ongoing ammd con?ict against terrorist organizatiom such as a! Qaeda and its uf?iiatcs and quppo?grs 0r whether there an: other ?acmrs bearing upon the need for cominqu (lawman. #10011 Enclosure (3) Page 28 29 1 PRESIDENT TRANSLATOR: ECORIWR: ,A'i't'Hi' REPORTER: DECLASSWED (3F w?i Yen win have the opportunity to be heard and to present relevant tin: Administrative Review Bgard. You can present inibrmation. from your family and friends that mighl help you at the! Board. You are encouraged ?0 camact them as man as possible to begin to gather ini?nmxauun than may-"help (TRANSLATSON ABOVE). A miliiziry ui'?cer will be assigned at a later date to assist you in the Administrative Review Board process. ABOVE). ADJOURN The sperm ?cssion af?x-is 'l?ribunal hearing is adjoumcd. The time is 1429 on 2] March 2007. 0F AH Rise. the React-rd. [The 'I'rihuna! withdrew rum the hearing room 7. i certify the material con-taincd in this transcripl is 3.- mm and accurate wrh-atim rendering of the testimony and language translation uf Detaincc?s words given during the upcn session of the Combatam Status Review tribunal ol?lSN 1.09] l? (W5) (W6) lama) j, CAPT .1 mac 1 nnuna-l Prcsadcm #1001] Enclosure Page 29 of 29 6451300129 Verbatim of Cambatan? Status Review T?hqgg} Hearing. for ISN 18018 REPORTER: 0n the record. PRESIDENT: Remain sealed and come in order. Please proceed. Recorder. lhis '1 rihunal is {mng wnducwd at I329, 30 March 200"? on board US. Navai (.1 a f'uha? the following pummel are present zap-lain (We) . United States Navy. President Lieutenant Colonel United States Air Force, Member . tuned States Marine tarps. Member United males Air 1'm'Cc, Permna?. Representative 1 . ?1 ranslamr i SergcamkaS) United States Marine Co-rps. Reporter Main: (b (6) . Untied States Air Force. Recordar Captain (We) 15 the Judge Advocatr member the 'l-?ri bunai. OATH S-ESSEON IRPCURDER: All Rise PRESIDENT: The Recurdcr will be sworn Do yuu, Major solemniy swear to carry out the duties as :Recnrder assigrwd in this 'l?ribunal so hv you Gad? I dn. . PRESIDENT: I?h-e Reporter win mw be sworn. The Recorder will admmister the oath. RECORDER: you. Gunnery Sergeant. swear ihm )?Ou mi} faithfully dis-charge your duties as assigned in :h?s "I'ri'mmaS <0 help ynu God? REPORTER I do. PRESIDENT: The "1 mnsiamr will now be -sw<.yrn. 2 Du ynu swear or af?rm that you wil! faithfully perform the duties of Transiamr in? that case. now in hearing. sn- You ?nd" I (in ESN #10018 Enclosure i . ?1?37. . I 1 5-L-1 645/ DO 30 REC-ORDER: PRESIDENT: PRESIDENT: DETA E-E: DETAINEE: PRESIDENT: PRESIDENT: PRESHDENT: PRESIDFNT: We will take a brief recess now in order it) bring the Dciamcc into the mom. Recorder. non: the date and time. The {arms is 1330 on 30 March 20-07. We are new in recess. All rise. l'l?hc Tribunal at 1330. 30 March 2007. The members withdrew from the hearing roam] CONVEMNG All Rise. IThc Tribunal recom'cn-cd and the members entered the I'l?m at l335. on 30 March 2007.] This hcaring will come to order. You may be scaled. Before we proceed, Ammar al Baluchi, I understand that wu speak and understand Ihc English language. is that correct? Yes. 131a: is correct We have present a Translator. whe can assist you. if you don't understand any of the proceedings going on, We will pause to get a translatinn for you. Do understand? Sure. at anytime you dun?: understand what is happening pier-:52 indicate that to me or the 'l"ranslawr and we will a translation I will. Thank you. This Tribunal is summed by urdur ofthc Diractor, (?nmhatam Status Review Tribunals under the provisions. at" his Order of 22 Fcbmar 2907. ?1 his 'l'rlbunal will determine whether Ammar a} Baiuchi meets the criteria to be designath as an enemy combatant against the Unich Stan-:3 0! its coalit?un partners or otherwise meets the criteria to be designated an. an enemy combatant. OATH .2 Thu members of this Tribunal shall now be sworn. All rim: ISM #10018 Enclosure (3) Page 2 (3f 37 6451130031 RECOR DER: .: PRESIDENT: RECORBER: PERSONAL Do you swear or affirm that you will faithfully perform your duties as a member of this Tribunal; that you will impartially. examine, inquire into the matte-r now bei?orc you according to your conscience. and the laws and rogulaiions provided:- ihat you will make such ?ndings offact and oonclusions as are supported by the evidence presented; thal in determining those facts, you will use your professional knowledge. has! judgment, and common sense; and that )iuu will make such findings as an: appropriate according to the best of your understanding of the rules. regulations, and laws governing, this proceeding, and guided by your concept ofjusiice so help you God? i do, The: Recorder will now administer the oath to the Personal Representative; Ho you af?rm that you will faithfully perform the duties of Personal Representative in this lribunal?? I do; PRESIDENT: PRESIDENT: PRESIDENT: PRESIDENT: Pleas: be: seated. 'l hr: Recorder. Reporter. and ?l'mnslator have previously been sworn. EXPLANATION OF PROCEEDINGS Ammo: al Baluchi. you are here-by advised that the following applics during this hearing: You may be present at all open sessions of the Tribunal. 'llowev-cr, if you become disorderly. you will be removed from the hearing, and the Tribunal will continue to hear Widener: in your absence. You may not be compelled to testify at this Tribunal. However, you may lustify if you wixh to do so. Your testimony can be undor oath or unswom You may haw: the ol?a Personal at the hearing. Your assigned Personal Representative is present. You may present evidence to this Tribunal, including the testimony of witnesses who are ream-miny available and whose testimony is relevant to this hearing. You may question witnesses testifying at the Tribunal. IS-N #10018 Enclosure (3) _Page 3 PRESIDENT. PRESIDENT: PRESIDENT: PRESIDENT: You may examine documents; or statements offered into evidence other than climai?ed infurmatitm; However. Certain dncumcms mar: be pamally masked fur security reasons. Ammar a] Baluchi. do you understand this process? Yes. I :30. Du yen haw any questitms concerning the "i'rihunat pm Not so far Alright. PRESENTATION QF UNCLASSIFIED Representative. please provide the i rimmat with the Detainee Etcction Form. REPRESENTATIVE: Sir.I am handing the 'I?ribunal Exhibit D41 the [)cmincc Eicctio-n Farm. PRESIDENT: PERSUNAX. Thank yuu. {Documents presented to ?I'ribunal] REPRESENTATIVE: At this time. I would also like to pwvidc a pen to the Hewitt-cc. RECORDER: Yum may. The Tribunal has reserved Exhibit Indicating that the Detainee wishes to Part'icimuc in the 't'rthunat and wants the assistance of 1hr Personai Representatix c. RECGRBER FEE-SEN . 5 Record-er. please provide the 'i'rihuml with the unclassifmd evidence. I am handing the Tribunai what has prewcausly been marked. as Exhibit R-t. the unclassd'md summary nf' ibc that relates to this H-ctaincc's status as an enemy combatant. A translated copy of this exhibit was provided tn the Furs-unit} Representative advance of this hearing for presentation to the Detainee. [Due muse-mud 'l?rthunal} 1851 #10018 Enclosure (3) I Page 4 of 37 PRESIDENT: RECORDER: Recorder. ptcattc read the unclassi?ed summary of evidence for the recurd. However bci'orr: proceed. let I?m: rcm'md the Hammer that he must not comment at thus turn: The. Durance wt? be provided with an shortly 10 provide any comments. Rdcurdct. please The t?tzdiuwing facts supptart the determination that the Dt-mincc is an enemy comhatant. a. On the morning of 1 I September 2001. airiinm?s over the United States were hijacked. The: ?ights were: American Airitnes Flight 1 1. United Airlines tight 1-75. American Airlines Flight 77. and United Airlines I-?iight 93, At approximately 8:46 American Airlines Flight It crash-ed mm the North Tower af the Wnrid Trade Center, resulting in the coilapsc m" the tower at approximately 10:25 am. At approximately 9:05 United Airlines Fiight '1 75 crashed into the South. i?uwcr ut? World Trade Center, resulting in the mils-p56 of the tower at approximately 9:55 am. At approximately 9:37 American Airiines Flight 77 crashed into the side of the Pentagnn in Arlington? Virginia. At 10:03 United Art-liner. Fiight ?93 crashed tr.- Strmey Creek Township. Them: crashcs and subscqutmt It) the Worid Trade Center and the Pentagon regatth in the dcaths 013.972 "persons In New York. Virginia. and b. On or Octtabcr 1998. the Dntaincc a bank accat?tnt at the Emirates Bani: International. The Beware provided a Pakisrani with number E9115t52 as identi?cation. The Dcta?incc's pattsport listed tht: name of tits bearer as ?Mr. Ali. son of Mr. Abdui Aziz Ali.? {Mr Air?). The Detainee pmvi-d-cd. Post Of?ce Box lube} Ali. Dubai.? as his address c. On or about 8 August 20f?). the Detainee upcned a bank acrnunt at the Dubai islamit: Bank. The Detainee provided a Pakistani paztspurt with number 1562 as ?l?ht: Llctatncc's passport listed the amt of the bearer as Ah. sun of Mr. Abdut Ari: The account documents listed the Detainee-?5 phone number as (2506 7?45651. d. On or about 1-8 April 2800. a person named Alt. sent 5006 States dollars from the Wall Street Exchangtt Centre. in Dubai, United Arab Emiratcs to Add} Rafcca. Alt listed the Post Of?ce Box and phone number utilized by the Dt-stru'rw 'i?hc identi?catitm card 111:: sender ofth-r: money. photocopied by the Wall Street Exchange Centre, further identi?ed the sender as Mr a computer technician of Pakistani nalinnaht}; with the number E91 1562. #100! 3 Enclosure 3) tat-tr 5 nf . c. (in ur utmut 4 June 2000. 2 hiiackcr? Muhammad Aim nurchased a Wireless {Ire-paid telephone in Manhanan. New York The phune was activated an 4 June 2000 and deactivated on 11 July 2mm. f? Between 28 and 3,0 .iunc 2060? ?95! I hijacker" Mohammad Ana?s Vnicestmam cell phnne used a caning card to make approximately sixteen calls the Iktain-oc?s phone number in {he Hnimd Arab Emirates. g. 29 June 200:)? hijacker" Marwan picked up a Western Union wire transfer in the amount of 51300 United Siatcs dolfars at the Western Unicm facility heated. at. 1440 Broadway. New York. New York. The funds were sent by ?133311 Manna? from In: UAR. Exchmagc fen-ire. Bur Dubai. Linker Arab Emirates (m June 2000. h. 0n 18 Jul} BUGQ ?15am Mansur" 9cm United States dnllars via a hank transfer from Exchange Centre, Bur Dubai, United Arzeh Emirates :0 i hijacker? Marwan Ai-Shehhi?s Summst Bank. Florida, acceunr (ajoint account with ?95! hijacker? Mohammad Aim). The funds posted to the Sunth account on i9 Juiy 2000 less a 15 ignited States dntlar fee. 13am Mansur listed tht' same Of?ce box number associated with the Detaimze. i. 0n 5 Angus: 2mm. "?lsam Ma:mn1r"scnt 9500 United Stan": dot-1am via a bank to bank transfer from the Exchange Cemrc, Bur Dubai, United Arab Emirates to hijacker" ann tinnitus: Bank. Florida. zagcoum (a joint. excuse me. ajmnt account with hijacker? Mohamad Alta). The funds posted to the Summit on August 20% 11353 a 15 Unith States dolinr fcc. ??53m Mansour? iisled the name Post Of?ce hm: number associated with the Detainee. J. 2.9 Augusn 2000. an Ali sent 2mm United States dollars ma bank to bank transfer from UAJH. Exchange Centre. Bur Dubai, '{n?nited Ara?? Emirates. {u i hijacker? Marwun AI?Shehhi's S-ummst Bank. Florida, account (a joint account with 1 hijacker? Muhammad Alta). The funds pom-ed to the Sun-trust account on 30 August 2000135 3 I5 United States dt'aifar fee. Mr Ah listed a phune number one digit ofi?ofthc phone number listed. by ?lsam Mansnur" on Angus: 2000. it) On 17 September 20-90. ?Ham Wanna: Trading)? 5cm L?m?md Sim-es duliazs via a bank In bank transfer i'rnm lhc. Ali Exchange Centre. Bur Dubai. nixed Arab Emirates to Marwan Su-ntrust Bank. Florida accnu-nl {a joint account wiah hijacker" Mohammad 312:: funds posted 10 the Suntrusl accnum 0n [8 September 2000 less a 15 {'nned Staten; {1mm fcu. ?Ham Trading)? listed the name number that ?Mr on the 29 August 260? transfer documents #19018 Enclosure (3) Page 6 01?37 1. During an August 2002 Federal Bureau 0f interview, Abdul Samar} Din Mohammad told the Federal Bureau df investigation that the Dctaince was in canstant Contact with Khalid Shaikh Muhammad. the Detainee's uncle. Abdul Samad Din Mohammad 315K) Stated the Detainee wuuld constantly receive Arab visitors from Pakistan the Aim-ant m. During an August: 2002 interview. the Detainec?s uncle?s b-ro-ther-in-law, Abdul Samad Din Muhammad (Mohammad). stated the Detainee left the United Arab Emirates an ?9 September 2091 or ll! ?eptember 20m. 'l?ht: Detainee did not have all his belongings toga-then but. insisted an leaving. Mohammad asked the Detainee why he was in such a rush tn leave. but did not receive a satisfactor- answer. n? I he Detainee disuusscd the smuggling dfexplosives inter tht? United States through an import and export at New ?r?drk. with another individual. it. The I laminae was arrested in pussession of a compact disk which contained a letter addressed ta llsama bin Laden. The disk also contain-ed two prtotographlc images of the World Trade Center when United Airlines ?ight I75 into the south tuwer. p. The Detainee was captured on 29 April 2-003 in Karachi, Pakrstan. as he waited fer the delivery at fer an alleged plot aged-us: the United States consulate in Karachi, Pakistan. The Hetalrtcu was in of a perfume spray battle which cantained a low concentration ofcyanid-e when he was arrested q. the Detainec?s pocket litter included a from unidenti?ed Saudi Arabian. scholars to I fsama bin Ladin. The letter discussed a! Qatda?s strategy in the War on Term-r Sir. this; concludes the summary of unclassi?ed evidence PRESIDENT: Very well. Reprcgentativc. does; the Detainee have any evidence In present 10 this ?n?hunal" PERSONA 1.. REPRESENTA t?tVl? Sir, am handing exhibit llb, D-c. and D?d skipping lJ-c. And presenting D?f. and D-i 10th:: hoard, 'l'he Recorder has been previously given copies. {?rtcuments presented to Tribunal] PRESIDENT: And.al1. for the record PR, I understand that Exhibit l)?e was to: be a statement from requested witness Salfullah Paracha? #10053 Enclosure (3) Page 7 of 37 PERSONAL 1 REPRESENTATIVE: I'hat is cormm. PRES-DENT: PERSONAL And It is the ik?minec?s desire not in suhnm that Statement. is that correct? Yes. sir. DETAIN Eff: PRESIDENT: DETAINEE: PRESIDENT: PERSONAL ls lhai Yes that?s right. Airight. We wit! note: that there is no exhibit D-c for the *ccord The Tribunal has received Exhibits thmu-gh. D41de Exhibit-s TM. thmugh Dq. G. Was. :1 (3. Cu. D~g. 0?11 and That :9 correct [hank ynu Alright. appears mm one oflhc statements, EH), is the mat salalcment or rebut-1111. as it is- entitlcd. by the Detainee, Is it 3mm desircr tn read that for (hi: Bummer: a! a certain point? REPRESENTATIVE- ?a?cq. Sir Alright I will altow you In dn that layer in these And, ah. let?s this opportunity to address same of the witness and evidence issues. that wc dis-cussed so "far by paper in these proceadings. On about {5:2me twenty first, the Detainee the pmductinn ni'cmain cvidmce and wimesscs fur cansidcration by this Trih-unai. Speci?cally, we wiJI deal with them in two groups. Onc,1?he m-can-zp Ami Iwn. :11: nut 01 country wimcss and evidence. In the ?rst gmup were inciudcd Kha?d Shick Mohammad. Sait?uliah Paracha. and Ramxi bin at Shibah. ISN #10018 Enclasurc (3) Page 8 of 37 DETAIMSZE: PRESIDE PERSONAL Shihah. ontmuingl S'hihah. Who were proffered by the Detainee as having information about his family connections and that he did not have attit- involvement with a] Qaida or its organizations, Based on that representation hy the Detainee, determined that such evidence would be relevant to them Anti then. ah, requested the Tribunal staff to seen-re the presence of these witnesses to testify. It was determined for security remains that they t, uuld not be here in the Tribunal mom with the Detainee to be questioned here on the recnrd. Se. in ccmSultation with the i?ersenal Representative, we came up with quash-ens that the I?ersnnai Representative reviewed with the Detainee to pause to these three patenttat witnesses to get their responses present them tn :1 statement 53: the 'l?ribunal?s consideration. The lribtmai determined, or rather I determined. that the witness-es were not reasonany avail-able fer security reasons and they weuld not he physic-alty present. But. alternative substitutes f0! testimony would be pennissible. meaning these statements we just talked about. i understand that by meeting with the Detainee the Personal Representative ai?SO devcleped these questions. ?l'hese questions were put to KSM. to Parachtt. and to hit: at Shihah, and that statements were produced. That the Betainee had the opportunity to review those Statements and now has decided to present us with two it? these statements from KSM and bin at Shibah. And has decided not In present the statement of Paracha. Have I earnestly summariyed the prtmeedings so far regarding these witne?ses. Personal Representative? REPRESEN As far as I know sir DETAIN ER. OBTAIN Alright. And iktainee" Yes. All. regarding the Paraeha statement. I might call it for future it could be used for it or. . - If. welt, that l3 up to the detention facilities whether nr 1 him; it is kept where it is; kept. Hut ifjmu dun?t want us to see it. we will not (timsidcr it. Well. ah. i was assut?tting that H. will stay in the That 1 No one is going in it nut But it?ymi don?t want us ?0 censxder it during these proceedings. we wil! not. Dita}. for this: time 00 8 Enclosure 3) Page 9 of 37 64510013138 PRESIDENT PRESIDENT: PRESIDENT: Alright. So that handles those: three. witnesses and when we?re going to proceed with those. The next group which i will refer to as the EC witnesses. The Modem Electronics Cormration witm?sscs. and of which the Detainee proffers lie was an employer: of that organization. And. worked in their of?ces in the United Aral-i Emirates. And that this Company also has of?ces in Canada. .i . .Saudi Arabia lCominuing} and Saudi Arabia With respect to the rc-qttzi'St for witnesses. the Bummer: requested the production of'Samir Sharia. Mohammad Mayer. Asraf Mayer. Ammar al Tesqui. and ?ayed 'l csqu-i as witnesses, Describing. what they would testify to in summary: that he ?as an cmploycc of this organization and that he had no associations with Taliban, all Qaida. or an} other organizations associated with the-m. The: Detainee also requested the production of certain business documents that belong to MEC in order to explain his reason for leaving the count?'. As well as leaving the 'llnitaci Arab limitatm. Losing work visas and the like. And stoma payroll records. again to show employment. 1 determined on the twenty second of February when reviewed the Detain-cc?s requests for this cviticncc and these witnesses. that part m?this regatta was not relevant and part of this rectum was role-tam. I believe that it was not relevant to issues regarding the Detainec's capture or his combatant status to produce businass records relevant to It would have been interesting for us to understand how that company ope-ratth but not necessar} for our determinations regarding tit-e Detaimtc's capture or his status. i did howcver ?nd relevmn any statements from these witness that. again would speak. it: the Dominica?s lack of assimilation with it] Qaida. ?l or other organizationa- aligned with them. Yea. go ahead Stmy- Ah. the thing you mention earlier about the business record I was meaning the officials. of?cial paper the company- had with they close down The actual closing 'll'iat shows the reason il left the country. Cause: one of the limit; that l"m him: my leaving ten or nine September And. that record will Show why I loft that date. That?s how the company was loscd so it can imagine how work that i left the country on that date. I understand that?s why you were seeking it. But for the reasons We stated i didn't determine that it would be relevant for tit-cat: promo-dings. i-luwever. did believe that the testimony ol?the witnesses regarding youi connection- or the lack thereofth til Haida would ht: relevant. Following that :leter?mination the Tribunal Stall began a series ofefforts to locate: these witness-cs. l?t?c determined however. that because they were all going to say the 5mm or similar things about your connections, that one of them would suf?ce, And that it would be an 18%" #lO?Ol 8 linclosure (3) Page 10 of 37 PRESIDENT: BETA DETAINEE: PRESIDENT. unnecessary duplicatitm of tcSLimtmy and evidence praise essentially the same thing. The staff of this Tribunal and other agents and organim?uns of the United- Statcs Government have been seeking [0 determine tht: lncation the ?ve Witnesses that I?ve just described. We: understand that they are. as that tin: [Mamet- has indicated. perhaps in Canada or in Unith Anal: Arab Emirates. We haven?t determined whether they an: or not but we?ve begun looking for t'hum. The Detaincc has been informed of everything that ljust described before this point is that cunect?? it's good. I?m not saying anything new in you at this paint that you understand Nu. exactly. Okay. At this juncture l?vc been informed that the Detainee is going 10 offer cxhihita Em and D?i. it being a summary of a state-mail prepared by the: Detainee, that the Detainee baths-ares his cea-wurkers at 'i?viizf would say if they were called here to testify or if thcy provided ti statement Exhibit D?i. is a statement prepared by the Detainci: that describes: what hit-l ruummtitcs in Dubai would my il'they were called or if they provided a statement. Exactly. And. at this paint the Detaincc would like us to consider those exhibits. They have been offered and we cartamiy will. i have cxplained um efl?urts that we are attempting tats-ate these individuals as 6f today. We have not )ct done so Sc: Wt: are (head with two: alternatives. And l?m essentially going to leave up you. That we can proceed today up tn the p-mnt of taking eventhirtg that it: available and we can continue. for a rcasonahlc amount {if time. tn 48:: if these pettple can he lucatcd And. if they can. whether they an: Willing it: girovidc a statement in your behalf. And. l'm prepared to do that mday. 'i'ltat is we would recess We not make: any dccisidns ahmtt your status And would come back at a later date if this: were made available. l-inwcver. there may came a time when we are nut able to ?nd them and then we will he at the same point that we are right nuw, But we art: prepmcd to Stop these today. and give it addition time to set: ifthat wnuld assist us in determining whether these people are reasonably available. We can. if you request it, accept these statements as what yum would my if they gave: a atatcment And we would give it the wcight a5 il?they were making a Statement here tnday, And we would it all the other widened .l'm not willng to say that we will hetieva that it ism-11c but we will considcr it. And we witl read Enclosure Rage I of}? 'l 5-1.4 6451DODI40 PRESIDENT: DETMNEE: DETAINE PRESIDENT: RETAINER: PRESIDENT: UETAINH: PRESIDENT: DETANEF: DETAENEE: it with all the other in making our But I?li only du that if you tell me that that?s what you would like to do with regard to ycur witness rcqucst. Welt. ifyou grant them I will. mt: ask gun a few question aim-m that. Okay. Du you that we would recess this proceeding and allow additionai timt: to seek these witnesses"? ch? And. are you making this decision to have us mnsicicr statements instead of taking more time of your mm wilt" Wei! ah. I don?t knew how tang it?s gonna take until you ?nd them and the procedure yuu are taking 59-. Right. We may not be successfui, But. we may be We don?t know. But if. what I?m trying to understand is art: you doing thix voluntarily. Has anyone forced you N0. N9. Not at at}. Um tam: you consulted with the *rsuna! Representative about everything we leSi talked ahuut now? Yes, And. do you understand the efforts the Tribunal and its sme has taken so far to try it) ?nd these have been updated by the Personal Representative. Alright. And. that you understand that if you Wt-thdraw your request to such these thnesses we are not going It) take any further steps. time the . ISN #10018 Enclosure: Page 12 6451005/41 PRESIDENT: DETAINEE To try and ?nd them You understand that? Ycaht But. 2th. iftht' an: accepted. 59 no reasm to hold Alright. :?ttright. So rather what we will do then is accept. these statements in place of the Witness statements. And hm: is how the 't'riliuntil wall treat exhibit and i We will accept them as statements at" what these witnesses would say if they actually were called or provided a statement. And. we will give the same weight as if?thcy had prm'idcd the statement themselves. how we will consider these statements and haw we vicw them, and ilk? tilt-imam weight and determination we give it. is up to us when we make our dccision. Do you understand that? Ah. {?tm 1. Sure. gt.) ahead. [Detainee talks With ("through transmit?); {'uuld yuu rciect {hit-SC statement in the future? DENT DYE DETAINFE C'nuld them in future" We might We have nut seen all the evidence yet. [(r?onverses I?ranslatorl. (through tramlaturl' Not to carry any weight in the future. DETAWEE: PRESIDENT: Dli'l'AlNEli: DETAINEF: Nut to accept them hut ?sh have accepted them Oh. see. And, we will give them the we deem appropriate we read all the other evidence 0h t'tkay, ['l?ranslamr explains] Okay Accepted. Ok,zty._ let me just explain am: more thing, alright?? And. then please translate. ISN Mil-018 Enclosure Page l3 of 37 TRANSLATOR. PRESIDENT .ATUR: DETAINFE- RETAINER PRESIDENT: PRESIDENT: PRESIDENT: OF We might bc?icvc it or we might not belt-cw: u. (TRANSLATION 0F ABOVE). But we will mnsidcr it with an the other critic-net: that to be to us, OF ABOVE), [Speaks translator] What is the difference it?they camc- themselves and give yuu this exact statement and now you have this We?. if they were here physicaily. than you c-uutd ask thr-m qu?stinng. We could ask them questions. You can?t do that with a statement. Yeah ?they pmvidcd a we would treat it the same way. We would give it the wcight that we deem appropriate in view Mail the other evidence, (TRANSIHA 3 MN ABUVF 3. i accept it. Airight We will that fash-iun And for the bene?t 01' the record. 1 ?nd that the Detainee: has: knewingiy and intelh'geratly and decadcd withdraw this request for pmduction nf' witnesses; nr witnws statements And. to accept the statement cuntaincd exhibits {lb and 13-i in thc'rr p-laCt: 'l?hank you. Very we?. Does the Recorder have any further unclassi?ed Mr, President. I have nu further unclassi?ed evidence fur the I'ribunai, but .I respectith request a citascd' Tribunal sessinn at an approprtat?c time tn present classi?ed evidence re?evant to this Detainee's status as an enemy cumbatam. EN #10018 E-nctosure 3) Page of}? 1 PRESIDENT: .A'I'fm: TRANSLATOR: PRESIDENT. PRESIDENT: DETAINF DETAINEE: DE PRESIDENT: PR PR Recorder your request for a closed session 18 granted and will be taken up in due CGUISS the members desire additional time to review some (it the unclassi?ed exhibits" Yes. Yes. Just take a few moments here in place so we can look at the exhibits. Sir. I'm trying to explain what yet: are: dring right now. You are revising the unciasail'ted evidence. We?re reviewing rather then revming. We are gonna teat? ytiur exhibits new, Ammar al Baluchi. [Board reviews unclassi?ed dncumerts] Ammar a1 Baluchi. ytiu may now make an oral statement to the 'I'ribtmai and you have the assistance nf your Persnnal Espresentativc in dun-g you wish to make an oral statement In this ribunal?? Yes. I du int". Very well. And ynu'd like your Personal Representative in read it for you. That?s right. And you am free, (if tourist, in cummimt during it. assist film if you'd like or make other at the end. Airigltt- you wish make ymir statement under math. I understand you do not wish to take an oath. ?in. Nu with?? Mi Very well. You may pressed. #10018 Enclosure (3) Page 15 M37 1 645/[300144 PERSONAL REPRESENTATIVE: This is entitled as exhibit 1H). l8 orai statement tot rebuttal of summary of cvidcnco for combatant status review Tribunal dated 8 Fcbmury 2007, taken on 30 March by PR ?13. Mr. President and board members, i was info-mind via the Personal Representative you assigned me about the Combatant Status Rovicw 'l"ribunal pro-Ems. He- infomtcd me that i would be meeting a board of three military of?cers and that there would likely only he one open session. i would lilo: in than}; the board for informing me and allowing me to participate. despite the fact that l. haw: nothing to do with some of the accusations againgt me Since i am here with no rights and will remain in US custody for an undetermined time. I only have tin-so few words: Since this tribunal is not judicial or legal but administrative onz'y. 1 do not know the limits of the evidence. or how to present an acceptable rebuttal 1 will try to clearly explain my connection to the evidence explain. and exp-Satin the facts the way i know them to be true and not as described by others! will try as much as possible. not to go into detail by accepting. or dcnyittg each charge. Rather. I will try to explain my situation in general and provide details where required. Paragraphs- i am an entrepreneur with many personal contains in different companies around the world. Because of in} position I am obit: to accomplish tasks. whether administrative. mommy" buying. selling. advertising and customs through my own private resources. So it 1.8 normal that people: use my outsourcing As a businessman my personal information has boon distributed to thousands of people from different parts oftht: warld. This infnmiation includes no signature that is found on gens-ml in?u?Olths that are Sim! to customers. Therefore. it is nossihlc for mayono to use my personal information and signature to accomplish bit-sinuss in the Middle East in general and the United Arab Emirates in particular. without my. knowledge Tito! docs not necessarily mean that every statement that has tint name "Ali" on 1L his number, his passport number. his l? 0. Box or even hm signatoro is mine. Paragraph it: When Maman Al approached me. ht: newt declared himself as ?hijacker Minivan Al Sitcom" He approathcd me the same wot; ht: approached other individuals and in the it man wanting to do business. Paragraph 1: Mr Khaled Shaikh Mohammad is my uncle by blend; he: is my mother?s brother. lit: owned a honey trading company. and a ltmna distribution company. Additionally. he was also trying to work Pakistmi ex port 43: import. All these companies or activities were personal and belonged to no organization or party ISN #lOOl 3 l'inclosurc- 33 Page it: of 37 but. a soch of income for his famin members. I even workco with him in the honey company in Karachi for a short while and I did not see any. prosaic: or membership of al Qaida. I heard that Mr Khalccl Shaikh Mohammad while he was in Qatar in the 80?s had a self improvement hobby where he and his brother "Abid" encouraged teenagers and youlhs lo ?nish lhoir education and pay intention to cducatmn in gonorul. If I was introduced in a person via Kholod Shaikh Mohammad that does: not noteworin moan (ha! lili?o? person is a combatant or necessarily an a! Qaida supporter. The people I met through my uncle are busmess men interested in trade. education and imvel. I am not aware of any links to animosity towards the United States or ?ghting against the United States. Why would a coma-ct with my uncle Who is a member of my limin be considered as? a crime or as that 1 am an enemy combaium?? Meeting Arabs at airport is not a crime and certainly not oxide-nee that am an enemy combatzml. it doesn?t matter il'thcy mini: iron: Pakisiar: or any other country. i used to live in Dubai with three Israelis. work for a Canadian 1 ?ompany. and have my own outsourcmg busimrss. i did business worldwide Paragraph in: My residency permit in Dubai was cancelled by th government. not by me. 1 hat} not rcquestcd the cancellation. on or of September. Not only was I surprised that my residency permii was cancelled, but received my passport which was held by the company. with a notice to leave the country immediately. Iff didn?t leave. them I would have been ?ned for over): day was delayed The proof lies within {lie of Dubai, 1 did nor have time to pack my personal belongings. because I did n01 receive a prior miller: from tho government This also as that {did no! know about Gil 3. Paragraph n; don?t know anything about smuggling explosivos? or shipping explosives in the Uniicd States or an}: whom else in die world. Additional?; 1 do not know the source of your information. Paragraph correspondem of 'isama Bin Laden and ldon?t know anyming about the: mentioned. disk that contains: a letter and picruz?es ot'thc trade center. I might have printed the documents from the m'lilm? about general opinions of scholars. How-ever, also primed out many articles on many so hjects to include job hunting articles from the United States. This not cnnsulored a i rimc because millions of surfers read and mm those documents everyday and the inter-net is a free venue for 0mg Enclosure (3 Fags 17 of 37 PRESIDEN f: Paragraph p: 1 did not plan. abuut. or carry out any pint against the United States Consuiat-c in Karachi. Paksstatt. I refuse the accusations againsr me regaxding the "United States Consufate in Karachi. Pakistzm. I do nut knew anvthing about a pint against the United States Consulate. i don?t knew anything at?.th any explosives. l'he low .cnncentration nf cyanide in my possession is used in c?mhing factories tn hlcach. dc-Ct?nr, tint. and perfume clothes It ts not with threatening States National Security at all. Mr. President and hazard members. 1 dc) not belong tn 31 Qaitia, "23m i?alibttn or associated (in not have any LI). card showing that I am a. member, I have never received any military training In Afghanistan. 1 re?ne to be called or classi?ed as :m rut-?my I af?rm these are: my wards mg! the. truth as I knew it. Signed and dated And that was the nt?exhthit REPRESENTATIVE 'I?hat?s correct. Sir. PRESIDENT: T: PERSONAL Alright Mum-M at} Baluchi. was that the statement that 3:12;) wmted the Pcrsunal to read for gran"? Exactly thus-t: your words" Yes. sir. Are you undet any force or pressure to give a statement ht'n.? today"? Nu. And that statement was given tafyuur free: Iixaqtly. Very well. Persuna't Representative. do yet: have any questions fur the Detamee regarding his statement? REPRES ENTATW 15: N0. sir. ISN #20018 tan-clasure Page 18 01.37 1 PRESIDENT: MEMBERS: PRESIDENT: DETAENEL: EMBER: Di". F31: MEMBER: MEMBER: DETAINEE: MEMBER: MEMBER MEMBER. dn you have any questinns for the Demimc regarding his statement? No. sir. Do the members have any questions for the Detainee? Yer-Lair. sir. Airigin. Phase proceed. you weak wuh Msmammcd Ana sun-3m MINES when you wart: in {he United Arab Emirates and he was in the ['Imzed States? No, I didn?t. Ah. 1 Spoke with Marwan a1~8hchhibut nm Mohammad Aria? Um yuu ever meet Mohammad Atta?.? Nu. Have any with him?? No. Cummunications With him ever? Nu I never heard of him Did you wire transfer m-er hundred thousand dollars in 51' param- transactions In Do ynu admit in that? Yes. What was the purpuse nf that mnney?.? I don?t know. Was; something that Mam?an asking me to money for him. Where did the money (:0an {mm that yau were transferring? me him. W?dh i1 Mam'an. His acmum? HRH 8 Iinclosure Page 19 of 37 MEMBER. Dli'l'A WEE: MEMBER: DETA IN EE: MEMBER: MEMBER: MEMBER: DETAWEF. EMB ER: DETATNEF . MEMBER: MELMIHER: DEFMNEE. MEMBER: There was not account. 11 was his own money. He wamrd to transfer in America but i: was differcm companies. And ah? like: ah. different they charge a fat 03' mom-3: for So he use my services to that for him. JuSt so I?m clean. Yes. This was. this was Maman money .. Exactly, Exactly than was in his account In Dubai and you transferred the numcy him the Unit-ed Statcs',? fur hun yeah. He couldn?t can}; with him 50 Okay Do you know when: he got that money from. or" Nu Did you EXpt?Ci any man-e3? hack nr any return mommy. or? No. No, Not at. all" That was his mm money And, how did you meet Man-tan He was introduced through Khalid Sheikh Muhammad. Okay And. then. and them Khalid Sh-cikh Mohammc-d. him i0 3mm. Is that. carver!? Exactly Okay. How many times did ynu meet Marwan du nm rccali ?:xactly but 1 ms! him simple tunes. Several Iimcs'.? In the lfnitcd Arab 0f Emiratcai?.? #10018 nclos-urc Page 30 of 37 1 645/000/49 DETAIN MEMBER: MEMBER: DETAFSFE: MEMBER DETAINEE: MEMBER: DETAIN Diff AINEE: MEMBER MEMBER: BETA IN EE: MEMBER: Yes. Okay Did 'jmu help Marwzm {Xi-Shehhi gt: mm [Suited Rates at by assxs?ng him visas at anything like: that, I don'I rctali Maybe I can because I have C(mzacm 50. that?s normal but I don't What kind of contact do think you wcmid have than wmid help him get visa? Any kind nf camp-amiss that help people travel dc busineSn around the worid wilt hill}?! out. Did? did. Khalid Shaikh Mohammad, did he ever ask yuu '9 335151 him With. ah? any types of a] Qaida operations 3 No. Commands. ?40 NH. he Did you have any knowledge that he was: involved with Uaada?? No. he never mentian or i never heard from anuthcr per-mu. Again. mic mare time. 1nd mm discuss; smuggiing explosives into United males" \10. Never? Ami yuu weren't exp-mung mph-5m: when you were arrested. Exactly. Were did you gr; when yuu l-c? the United Arah Emirates nine or ten September? Where did you have! to? i was 1:1 Pakisaan. You traveled in Pakistan What did you do when you got '3 Pakistan?? 1 was. there. I was 311, waiting to get a job I was. gearchins: for trade in the caumrics employing same computer lab Encmsurc (3) Page 21 of 37 BET MEMBER DETAIN EF: MEMBER: DETAINEE: MEMBER: DFTAINEE: MEMBER: MEMBER: DET MN Eli: EMBER, MEMBER: DETAIN HIE: MEMBER: Where were you living? in Pakistan? was in Kamchl. In Karachl, Who were 3.111: with? My family. And. you living with Khalid Shaikh Mohammad at line lime? Well. he used In visit us. New u?cn" Wei}. ah. not ample of wry u?cn. Was he in Afghanistan prim" to coming. to Pakistan amunli thal lame? I don't kmm. I haven?! seen him. And. um. hi)? su-un after the attacks on September eleventh did you see Khalid Shaikh Muhammad? HOW sown" How man after?? Ynu left abuuz mm: or ten September Have! to Puklslan. Haw soon after September eleventh did you sec him? I saw there he was. When mat:th Pakistan And men I haven?: seen him for a couplu of like weeks. And again I saw him. 30. Did you. did you assist him in anyway in helping out with a! Qaida 0r Taliban A operatives that were ?eeing Afghanistan or Pakistan after US attack. Bid ynu help him? I dnn'i know. 1 us: In help in general but I drm?l know if my al dea. What kind of help did you help With? Business crnazls could send emails li'hc liked. Uld help him will: mm'mg people Aighanistan mm I?akzstan? Na. ISN #10013 (3) Page 22 of 37 DETAINI-TE: MEMBER: 131:: IAIN BE. MEMBER it: MEMBER: EM BER: DETAENFE. MEMBER DETAINEE: MEMBER: Eli; MEMBER: MEMBFR: MEMBER MEMBER DFTA letii. Finding them housing. or money or anything like that? No, Do you know Majid Khan at all? Yes, I 1.10. How do you know Maud Khan" Just was a pgrson. ah. through KSM. Okay. Did you heip Majid Khan gel into I, mixed States of du you heip him with any business matters or {mans or like xhat" No. But, ah, he was from the States. So, in: armsn?l need .my hcip gum-g States. Did you ever persona?); travel to Afghanistan?.? No. Never been then-3'3 No. Ever meet {$543113 bin Laden? Nu Dr. 31 Nu Did yuu swear allegiance to [Tsama bin Laden or a] Qaidz-a No. How dn 3:an know Ranm bm a! Shibah?? .5 met him in hubai. Bubm. Yes. E-ncl-esure 3 T: Page 23 of 37 MEMBER DETAFNIZE: MEMBER BET/?Nitii: MEMBER: DETAINEE: MEMBER DI: l' (RENEE MEMBER MEMBER PRESIDENT: MEMBER MEMBER: BETAINEE. ER HUVH and ?'ar ?hat did you meet him? Just was immduccd through Khulxd Shaikh Mohammad. ha: nucdtd any business help Which he didn't Did you know he was member of a} Qaida? Nu, Bid yuu knuw Maj-id Khan was. a member of a1 Qaida'? No 50 you. um. did yuu knew anything about 1.3-9 you know Richard Reed. Sujid Sada?? No You never me: Ihtm'.? Nu Never any correspondence them" Nu. Nu further que?tions. Thank you Member? What was this business at" Yes. It?s a computer company. Ami. what was your pnxilion with'thcm" In what capacity did ynu wurk with them? Well. i was hulding two dif?srem. 1 was, ah. marketing ?11251 1 was computer engineer as Wit?. 2 used to do marketing for the company What per-10d of tune? What years" 181%} 1: 10.313 Enclosure (3) Page 24 of 37 l" MBER DETAINEE: DE IAIN Eli; MEMBER: Hi I A MEMBER: IDii'l'AlNEli: MEMBER: Eli: MliMliRR' Eli. DETATNEE: MEMBER, All, ninety eight through thuuxand une, three years. Haw did'." mil they closed. ynu wan.- working with them in that capacity in matkcting and computer support. Support. Supp-cm. Wen: you doing what you referred In earlier as: nut-sourcing? Is that righl? ?l hall?s why free business. On the side you were doing that?? Exactly. ljm. not an MEC company 'timu" MEC have. ah. basic With the company itself. But, I have my own business; in free times. Wnuld hem aware {if-that? Yes or no. That wasn?t. 'I?hat?s very nnrmal for country I was living. People would do {hat business. So. the that you worked with would maybe has; awarc 9f 0r might not been aware of your nul-snurcing businc-35'? Very pnw'hle Yes H?s: not, am an 1330!: if you have an um-smrcing lhal yuur company almuld app-rum nr they are aware um. lav-cryhody?s lacking for a dlffercm income So that is another Did ynu discuss it. ah, with your Other type! nfwork that yam were dmng. Ideas? #100} 8 Enclosure (3) Pagu 25 of 37 15-L-1 6451000154 DETAINEE: MEMBER: MEMBER: DETAlNli?l-iz MEMBER: DETMNEH: MEMBER: DETAINEE: MEMBER: {lli'l?AlNlil? MEMBER: DETAENEE: MEMBER: i don?t. recall exactly. no. ?l'hcy know; used {u have Outside: services bul um exactly which kin-d used to have. ah, uwd In computer sya?ems out of my company. I used to make by myself rmpuie-r systems. They wouldn?t knew that but not exactly what. So. they wouldn?t be fully informed of what you were dang in your out?summing. No. That?s nut cxaclly. Okay, KSM is documented as your uncle. Exactly. Um. he says that, ah. hc never involved you with al Qaida ls it possible that your uncle would say this to protect you? 1' don't think things are very clear. like in which. senz..e. ln introducing you 10 people that were all Qaida npemtivev; Well ah. he ah,when he introduce a person he would new: say he is Fro-m a} Qaida. He would introduce. him and mention what kind business he want. And the business 15 normal very normal trading So mnving pretty substantial amounts of mnney and l'rnrn someone. Would not cause. quesmm. why? 'l?hat?s for me l5 very small amuum: 111:: business 1 was making when was an Dubai was much more higher than that amount 50. All. a normal student from the Gulf country wnuld take even more ihan this amuunl .1113: Ior example. 1 had a friend he was going lu study English language, mm inlversily. for Six months. He took money buy a Ferrari car in America. So jmu can imagine Ferrari is Ihree hundred thousand. ?l'hit: is one hundred {Imus-and Rn it?s am that big quail-lion. When you went to Pakistan. They were. While you were In Paklslan you describe the Exac?y. you had in your 5mall amount. as being textile chemical orl-cmcd. #105018 Enclosure (3) Pag? 26 of}? [3 . DI MFMBEK MEMBER. DE Eli MEMBER: MEMBER: DETAINEE MEMBER. MEMBER, Ult'IAlNP-il-? Yes. ?s?v'hy wuutd you have that on yuur pcrson?? Just I have. Wasn?t for speci?c purpose but I have. It?s ah. Did you have imam to use once you got there? What you were going to do with Na. No, Just 311. it's 133:: for ciathin-gs to remove the color And something in Pakistan it's something that do. It's hicach like kinda btcuch but industrial bleach su. In rci?uwncc 15am ?-iansmm. Yes. Using your Pf.) box? Are. you him'.? 15am Mansour?? N0 130 you know of him'?' lsam Mansour. No. ldon?t knew this name. How do explain nf phone calla Mohammad Arm and the phone call. your phone. Yes And you said you didn?t have those and 3130 having win: transfers with your address with [sam Mansour?.? We'll. money transferred Mam/an ah. not Maitammcd Atta? I dun?t know thutjoim at anything so i?m not aware of that But was; for Mam am Not necessarily that money being tramferred Ihrnugh Isam Mansaur might be otherways but i did transfer money. Iiuw" I jusi am saying. I did Ua.a-xsfe-r the money. Were you aware of the activities that at ()aida. was of a] (Juida ?rst (if ail. prim to two ?mu-sand and une?.? u-l Quida mstencc um, ah I'lmt?a every person would knnw. ISN nclosure (3) Page 27 37 MEMBER: Were yuu. you said you were nut aware of your uncle's involvement? Exactiy. never mcmiun In mu. MEMBER: Were ynu aware ni?nther pcopic you had come into contact? Thai never come into up wnvemaiion others? NEE: bin 'I?hcy never mention. lalways haw: my business cow-r. My business which. I was doing. That was the reason for mailing or attracting :1 person. MEMBER: Had you been aware ni'thcir math anda. would you have distanced yourself them. Examly, nu MEMBER: If ynu had knnum that thcy Were invalwd ai Qaida?? DH AIMEE: We". the}; would mention :hm was. if they want In but my bndy mention. MEMBER: No mare questions. PRESIDENT 'l?hzmk you. gun?cmcn. CALLWG 0F WITNESSES PRESIDENT We wiil now ailow for the cailmg ofwimcsmes. All Mtnc~;ses cailcd before this ?I?ribunal be questinncd by the Detainee. the Pcrsonai Representative. the Recurder. and "the 'I?ribunal Members. 1):ch the Recurdcr have any In present? RECORDER: N9. sir PRESIDENT: From previous discussions than: were requests fur by the Detainee. And, we have provided fm ihnsc wilnemeq by way of which yuu have presented to us. "I'cs. Ah, from Rama and {mm KSM which we wiil consider if. uur dame-ration And we aim are gn-in'g ?0 cnnsidcr the Iwu statcmems you regarding your MET mmaws Thank you. #10018 Enclosure (3) Page 28 0f 37 1 PRESIDENT: Du you have any further questions about that? Abuul the statements? PRESIDENT: Right DETASNEE: Km an far. But ah. PRESIDENT: Okay. And. I?m awry. PRESIDENT: Yes. please. Would you read xhe statements: aha: ids when: ?the-r. We were just getting to that. Oh. PRESIDENT: i und-crstand that the desires to read mto the record for the Dmamee the statement witnesses. is that comet? PERSONAL A It was expreased to me that the Detamce wouid iikr: to have them- rcad for the {run-scrim. PRESIDENT: And that what you would like the PR to do for yuu a! {his time? DETAINEE: That?s righl. PRESIDENT: You may proceed PR. PERSON AL Exhibit ah wimcss. wilnc?s statement from. Khalic Shaikh Mohammad. Khalid Shaikh Mohammad. vnluntarily make the foHomng statement regarding Ammar a! Baluchi for prcsaentatinn a! his- (Tambmant 81:1th Review ?i?ribunai. I am pmviding this statement 10 1hr pcmon :dcmi'?cd to mc as Ammar a! Baluchi's Pet?s-canal Represenlauvc. I make this statement of my free wxl-l mum: {my thrcazg or pmmiscs extend-ed in me, The PR asked me to answer the .f?ailowing questions: #10018 Enciosurc {33 Page 29 of 37 Question: Please describe Ammar Al Baluchl's knewledee. if any. new: Qaidu. Taliban and associated organizationg. Answer: To my knowledge Ammar has never had asseeiallnn with Al Qaida, Taliban or associated organizatilms. I am not aware (if an knuwledgc that Amman had about a} Qaidm Taliban or associated organizetions. I never recruued Ammar for al Qaida. .txmmar al Bale-chi has never trainee in any 31 Qaida or Taliban training camps in Afghanistan. Pakistan or anywhere else in the Wurld. To my knowledge Ammar has never received any training, from a; Qaida. Taliban. or associated threes. Question: ?lease describe ynur family type relationship uh Ammar al Baluchi and whether it included any enemy combatant eels er assecialions. Answer: My dealings with Ammar have always been as he; uncleSister. My working relatiunship with him was as a family member and nm a member ul?al Qalda. Ammar wuuld nut say ifl asked hm: to do something. An}! dealings he had with al Qaida were Waugh me. need him for business dealings; He had no knowledge ofeny a] Qaida links. Anzz-mar is being linked to ill (?eld-a because of me I would send papem Ammar in the WW I may have used Ammar tu ship henna from Karachi to Dubai. 1 know Ammar workeci for a compuier company in Dubai working With software and hardware. moved money to Mohammad Alta and Ramzi in Germany 1-0 semen the 9H 1 altacks. 1 don?t remember using Ammar for the 9? hijackers. I used mostly llawsawi in 2006 and 2001. I?ve been provided the epportunity 10 make any changes or curreellens that desire to make and have placed my initials over these changes and (re?ections. This statement wars lyde by the .Permnal Representative and- revx-ewed with me al?fume, I affirm these are my words and the truth as 1 know It. PERSONAL REPRESENTATEVE: A150 from exhi'hil [341 is an additional statement from Khalid Sheikh Mohammad. la the President of lhe CSRT: The de'?nltinn of ?Enemy Curnbatanl? as presented to us in (he CSRT papers is so unclear that i: allows the es: of thousands of innocent people since many (lfthOSt? have committed or have been tricked to commit belligerent eels mil:qu their knowledge. we as an example: supwse that the CSKT president is my neighbor and my friend who is nm were of af?liations a! Qaida. and I gave him a cue: er letters comaining anthrax tn mall in the United States and these letters killed of people Would the neighbor be censidercd as an enemy combatant? Or. if I were tn give him certain e-mails to ?end, that contain erders addressed to the executors of belligerents operatiuns against. the United Stu-ms without the #l 001 8 Enclosure (3) Page 30 0137 15?L??l 6451000159 knnwicdgc of that neighbor neither on the content nor of my jihadist backgroundservice to a Friend and a lr: the: same taken. if I gave him thousands oftioliars to transfer from the bank to his offset. or on his way to work? would this neighbor be considered as an [Enemy Combatant even though it never occurred to him that his neighbor is the president ol?thc Committee oft 'litama Bin Laden. So. i am certain that many people in Karachi were surprised when lhcy saw my pictures on tho clay of my capture. and every om: of them reevaluated every word or service he render-"Cd to me. Most of the classi?ed evidence in your possession arr: confessions that were obtained under torture by the {1le or testimonies ofwimesoos that do not conform to the level of legal cvi-iiencr to which you can appiy any de?nition undrr any constitution. Thanks? Signed PERSONAL Exhibit D-f. Ramzi Bin al Shib-ahah questions written my Ammar Al Baluchi on 20 March 2007? Mr Ramzi Bin 81 Shibahah, God blessed him. These are questions sent to you on my hob-alt: please answer them only if you like to or if you know the answers. And Allah rewarded you well. it Do you know Marwan al Shelli-ti or Mr Khalid a] Mohammad?? 2) Did you know that then: was a business relationship between Marwan a! and myself? Did 1 previously roll you that was aware ol'thc 9i] i Signal. Ammo: til Belushi. 20 March 20(37 PERSUNAL Exhibit D-g. Ramzi Hm oi Shibahah. responses on behalfof Ammar al Baluchi taken by 9R3 on 21 March 200? Statement ofRarnzi bit: of Shibahtt'h. From: Ali-i Ibeyda al Hodmmr. itasz Bio Mohammad Bio 21! Shibahah To: My dear brother Amman may Allah bless you and pit-ICC? you. Greetings In reference: to your question on whether i know mean .d Shehh and Khalid a! Shaikh. Yes. i know thorn well. iSN#thilS Enclosure (3) Page 3] ol'37 PERSONAL In reference to your questitm about my of a business relatit?mship Marwan a! and yourself or not, That I dt? not know. 1 do um knuw if there was a business between you um"! him. In reference to your qu-csticm en whether you told me prex iously that you know of the 911 I events No, you did not tell me that nor did you have any knowledge: about them. i af?rm that these are my words and the truth as! know it. Signed. Wednesda; 2 13.3f2007. Exhibit is the expected witneSS statement from the Mill? Isa-workers. PERSUNM . Questiun: If yet: can. plcaae any Litmus-stuns. 0" knowledge you have about Amy?s: associanons with al Qaida? the 'I'ali-han or forces? Answer: As far as I know. Amman" does not have any affiliations with the above mantioned organizations. Que?stiun: Hearse your dealing; with Ammar?.? Answer: Ammar is a hard worker He is aiways the ?rst?: to work and the last in have. i never noticed any activities of business dealings with MEC. Que?tion: Please provide any mu may have as to why Ammar left Dubai"? Answer: We dosed our branch of?ce in Dubai and had to revoke the employee?s visas. ()u-cation: Please pruvide any additional information you think may be relevant? Answer: Ammar never expressed an}; animosity agains? 1.11:: United States 131-" at allies. He seemed. vurv open minded and western oriented, REPRESELN B-i Expected Mint-:55 statement from roommate-s taken by PR1 Question: lf?yuu mm. please describe any distussions Dr knowledge yttu have about Ammar?s assocmtions with a] Qaida. the ?I'alihzm nr associated forces." Antiwar. As tar as I know. Ammar docs nut have any a??liatmns with the above mentioned organizations. ISN #10018 f~ natty-sure 3) Page 32 9?5 37 PRESIDEN PRESIDENT: Dli PERSONAL Question: Please provide any info-mimian you may ham: as to why Ammar left Dubai? Answer MEC closed its branch of?ce therct?nrc his visa was cancelted. Questinn: provide any additional infnmiatinn ytau think may be Answer: Animal" never expressed any animusity against the United Sit-ates or it allies. Hr: seemad very open minded and western oriented. Amman never engaged in activities: tithe: than MELT and trading. Additionally. Am'mar was tanking for ajob in the United States MEC was Chising its branch of?ce. butt-eve he actunily applied for United States visa, Ammnr was spending his ti me either at" home or at work ?Working, hours.? That t't?t?ClUdCS witness statements, sir "thank ynu. Personal Amman al Batu-chi. this umclutlus the presentation ofunctas-siticd info-mtatinn to the Tribunal. We an: about to the unclassi?ed of tin: hearing. Do ynu wish in now make. any ?nal statemant the Tribunal? ?t'cs, sirv Alright. How would you like in that'.? With your Persona. Representative reading it in: ynu?.? i prefer that. Very well You may proceed ExhibitD-c, lStinai oral statement fur Combatant Status Review taken on 30 March 200?! by FRI). 1 am not an enemy cumbatnm. For decades the United fit-ates has been. sup-hinting Israel with weapons and The United Staten knows in advance that the result oi'this supp-mt it; the killing at more than one million civilians in Palestine and South Lebanon. The tinned Suites Gmfemt'ncnt declares to this day that it is not an enemy wnihatant agsimgt the pauplc of Palenmc and Lebanon. and is not in thinstuning~ the Nationai' Security of the Palestinian civilians The same applies on all at the US factnries, cnmnanics. and individual-s who narticipated in manufacturing selling. #10018 i: nclesurc ,t Page 33 oi? 37 1 and exporting those weapmts. According tn the Unitcd States Guvemmcm they too are mt cnemy combatants against the l?aiesti, Pcrzaple. My quastitm IS the How cuutd the American administratton consider me as an enemy combatant whu is the reasnn for killing 2972 American civilians or the desrructton of'thrce building; I was outsourced by a pctsun ca?cd Marxt'an Al not .hijacI-tcr Mat?wan At th used my services even though, I did not supply him with weapons. exploswes or any military and he never mentioned that he is an at (Jaida member 0r 3 hijacker. When Mam-an Al Shehiti approached me. he never deal-infect himscl'fas hijacker Marwan Al He appmached m: the same way hr appmached other individuals at cumpanica in the US. Sn? accurding to de?nition it is imperative that the US ?nancial institutions. banks, ?ight schools, rental car agencies. and property managers at! fall under the enema-- combatant de?nition, since without the support of all those pcnpic, I would nut have bean possible, i often wander how come the law uppitcs to me unly and nut to (?tters. knowing the I Status always sucks justicu I wuutd ulsn like tn point to a very important issue regarding my status as an enemy combatant. The United States may nnsidcr me an enemy C(tmbattmt. even though I di?agrue. Some pcoptc allege that they use-d my services to bene?t a! Qatdat Ever was turned in the United State-s- (inventmem. ahttut faur years ago, the Government 11542;; my services by getting infumtatitm from me about at Qaida activities and that nbtaincd through research. The Untth States has bene?ted from the vital and important information I supplied by tinting al Qaida plans and obtaining. informatinn an a! Qttida personnel My point is this. the perind over which the l: 5 Has mttsuurccd mt: exceeds the permd in which I am alleged to have supported 31 0:11:13 activttics. 50, us it fun" or rcasnrtahle that after at} the important and vital information I have sup-ptin to the United States that 1 be considered an enemy combatant" 1 fuel that labeling me as an ant-my combatant wit! endanger my personal safety. 3 WITH he the subject ofpersunat animosity and there is authurtty in the leted Stan-et- tiuvemmem that I can example-tin to. ISM 8 Enclosure (3) Pay: 34 01' 37 EE: PRESIDENT: PRESIDENT: PRESIDENT: PRESIDENT: l? RESIDENT: 'lhr: United States Government can keep me as it please-g, but please stop all anions than will compromise my safety. Please. 1001?: law it. ?l'alkmg about it help ?l?hcrc in a reasnn fur men-timing, this subject. In conclusion I did what i did because: know that the [?lled States is looking liar unlimited juaticc? know wry well zhat the same things 1 did. are occurring at even higher levels in Ls?nited States. The: L38 "never minded and grill supports those new nit-:3 today. can expect the same mauld apply for me especially if the is siill willing ur wishing to maintain justice. I af?rm these an.- my words and the truth as I know it Amman? al ll-aluchi. was that the Statement ycu wanted Personal Representative to read for you" Exactly. CLOSNG UNCLASSIFIED All unclassi?ed having hum provided to the rihunul. this the open tribunal sc?sion. Ammar al Baluchi, ynu shall be noti?ed ?fths 'l?ribunal excision upon completion of the review 01? than: proceed by the Cnmba?zant Status: Rcvicw Tribunal convening authority in "Washington. DC If the Tribunal determines that you shmald nut he: classl?vd as?. an enemy combatant. you will be released to your home country as "awn as can he. made lf'. however. the Tribunal determines your classi?cation an enemy combaan ynu may be eligible liar an Administrative Review Board hearing, at a fulun: date. The Administrative Review Board will make an assessment than: is canklnued reasnn l0 believe that you pose a threat to the niwd States or its coalitlon partners in the ongoing armed con?ict against termrist mganizmions such as al Qac-da. and in: affiliates and supporters or whether are other factors bearing upon the need lur cmmnued detennun Ynu wall haw: the oppnnunity 10 ha: heard and to present mlcvam Information In the: Administraiivc Review Board. You can present from your lbw-ally and friends that might you at that Board. Ynu arc camarang to Contact them as man as puss-ihle to begin to gather .infonnaliun that may help you. #1 am 8 Enclasurc Page 35 al? 37 1 PRESIDENT: A of?cer wiil be assigned at a later dam to assist mu in the Administrative Review Board process ADJOURN OPEN The session. of this ?l'ribunul hearing 13 adjourned. The time is 1455. The date is 31.) March 2007, RECORDER: Rise. Off the Retard. [The 'f?ribunal withdrew the hearing room; ISN #10018 Enciosurc (3) Page 36 cf 37 I certify the material contained in this transcript is a true and accurate verbatim rendering 9f the testimony and English language transiatien 9f Detainee's words given during 11:: open scssicm ofihe C'nmbazanl Sta-nu; Review Tribunai nt? ISN 16018. (W5) *m?m H3343 Tribunal Presi?cm #10018 Ifnclasure (3) Page Ti of 37 15-L-1 84510013166 Bates 67 is duplicate of Bates 66. I certify the mater-1&1 contained in this transcript is a true and accurate verbatim rendering ofthc testimony and English language translation (if Detaincc?s words given during 731: open of the {?nmbatant Status: Review l?ribunal of ISM isms. (W5) lama) 1? IIAGFERT 'i ribunal fires:ch ISN ?lm} I 8 Encl?surc Page 37 {if 37 Exhibit #19 Written Statement to Meeting #4 with PRM Tuesday, 20 Feb 07 (Translated and typewritten from hand?Mitten statement from #19) Titled: Answer to the Evidence 1. it is my Opinion that points with the de?nitian of an enamy combatant because: 3? Points 21, b, c, fail (feat with or are cemented with :he bombing of churches i. They occuned in 2000 before the ?war on terrorism? was deciared ii. The: victims of the churches were not Americans, Europeans. Australians or other foreigners; The communal violence benwen Muslims and Christians that was usually occum'ng began after the fail of President S-oeharto and did not only consist of the church bombings but can the part of Christians who Muslims and set ?re to them after taking shelter in a masque iv. The Taiiba? and a] Qaid-a were not mixed up in this ccm?ict b. With regard to point b, it is written ?Singapare operation against the US embassy? i hav new: dis-cussed this matter at all c. With regard to point . the ?rst time that! heard of the Malaysia Mujahadin group was after i from Malaysian newspapers. For years before that I iived in Malaysia and I never heard or never read about MMG. I do riot wha they are. 15 it true they reaiiy exist or are they made up. Io-niy heard abnuz them statics in the mass media and partly ?om prapaganda. Because of that, i am surprised that i am accused 0f being the head of MMG. At the same time the existence of this group is in questicn and i have never read in the mass media or no one else has said that the goal ofthe MMG was to ovenhmw the government of Indanesia. d. With regard to pointj, Ai?Ghuraba is only a study group fer Maiaysian students and only has a few members. it. is not c-onnecied with the deveiepmem ofJemaah Islamiyah (ii) in Pakistan. 80 i think #19 20 Feb 07. Updated 8 Mar 07 1 6451000/68 II. #lg Exhibit Die that this point above does not have anything to do with the interest of America or its allies. Points (1, h, I have never heard {if these 3 things whatsoever. 3.. Point i. Usually if someone is the supervisor of some-thing, he understands the method of work from a to in whatever matter he is the supervisor of. if you ask me abeut where the embassy was, what its address was. color 0f the building. the shape of the building, how tall the walls were, haw many exits and entrances there were, what time they stnned W?'rk, what time the of?ce closed, how many kilemeters distant were the three embassies from each other, how many sewriiy guard-s mere were and so on. i cannot answer all of these questions let alone to be able to go into greater detail. Why don't I knew? Because i was never the supervisor ofthe abnve planning. b. Point 1. ii. In erder to can-y out the planning as wrinen in point h, I would need t0 have a let of Skills and manpower would be needed and even more to calm this en! in several different. countries that have different levels of security. It would really be a dif?cult endeavor and we would need many different things to support these activities. Meanwhile, in 2000, I had already resigned from the Ii and i no longer participated in the. activities of the ii and nn ledger knew anything abnul the develepment oflhe 31 except from the mass media. A?er 9/11 many people were captured and imprisoned. So new weuld it be possible for me to discuss this i'arge undertaking with them that myself was not capable of doing or carrying out because 1 did not have the friends and the skills and the nther things that were needed. I never possessed explosives in any form whatsoever and i (in not know where to buy or how to buy because that was not my work. 6. Point 1 1. Regarding the charge in this point, this is also something new to me. i don?t know anything about a like that when was capmre-d and i am not an expert bomb maker. I remember one charge that was almost the same when i was interrogated in the CIA prison. There was one interrogalnr who showed me a document that contained some kind of a rudimentary plan for 20 Feb 07, Updated 8 Mar 07 2 #19 ill. Point 6 Exhibit 0?h- some kind of operation but. I don?t remember all ofthe contents of that document. lonly remember that it was about carrying explosives from Mombass-a to Pakistan and also then buying a 4x4 vehicle and so on until there was an explosion. That document was mitten in the computer. The 'nterrogator said that document was found in my apartment when i was wasted. I replied that had never had any document like that. In addition to that, it was written on the computer and you know that i do not have a computer. He replied that wasn?t important. What was important was the contents like that. I kept repeating no and it was true that I did not have any kind of document like that. Then he gave me a night to think it over and remember. When I returned to and was in my cell, I tried- to remember but I still thought that i did not have: that document. 'And that I remembered that maybe this was a kind of trap because this matter was something that could happen anywhere and is usually found in ?ation or in non-?ction and it was a classic trick. The noxt day the mtorrogator asked me again. i still replied no a number of times. A?or that was not asked about this document again even up the time 1 left the CIA prison and was not tortured or given a tentence for this matter. Just like that, have never been questioned about this point and after that I think it was a trap. A tow months after that there was another interrogator after I was taken to another country, he showed me another document that was different but he did not Say it was from my apartment. That document contained a schedule of activities of the ill. was written in Malay and used the kind of phrases: usually used by 11' members. it also referred to the locations usually used by the 51 in peninsular Malaysia. But in Other respects? there were a lot of differences. I told the interrogator that this was not a ll document and I am convinced it was not som ething that the 1! had. Then he told me to examine it again in my cell. After i read it ovor repeatedly I. became increasingly convinced that it was not a II document. A few days later, he questioned me again and 1 said it was not a ll document even though it imitated the style and the: locations. After that i was not questioned about this document again, 2.0 Fob o7. Updated 8 Mar 07 3 IV. . 3H9 Exhibit D?h a. Before this. have never heard of the term ?Singapore plot?. If there. is something involved in this story, I don?t know for sure if it is like that or if it is different. thin}; that the person referred to in this point is not mo. Point 3 a. When i was in Cambodia around the middle of the day. it was the ?rst time I heard of the Bali bombing from the mass media. It is dif?cult for others to believe was not involved in this operation but the truth is was not involve-cl. Even though am an lodonosian. have never been to Ball for any mason at all- And as have stated in point 11, since 2000 have not been active in the ll. Earlier have considered asking for testimony from a witness from someone who was involved in that operation bot there are several reasons that make for and I think this will be difficult. My mongth on why this is so dif?cult for a witness to attend are in this answer below. Point it a. As far as! know in the El there is no special department that is called head of operations of 11 and have never been selected by anyone to be the head of operations. So as far as this matter is concemod it is not 1., than: are other people more suited for that work. Also, i have never felt as the point man of al Qaida in South E351: Asia. Usnally the person who is called the head of operations or another important person is protected by bodyguards who are strong and big or at least they are protected by a circle of comrades all ready to die. And also they have poop-lo who are always assessing the situation and getting infonnation or have other things that they need. While 5 don?t havo any of those things at all. One proof ofthat is when I was arrested at that place and at that time there was only myself and my wife that were arrested. i was at the of?ce apartment ground floor and my wife was above on the floor. 'lhore were no bodyguards or comrades to help us. I think that this matter is like the one in Point i. lhavo road in the mass media all kinds of rumors like that, also all kinds of accusations that 1 am the big ?sh, the most wantod man in Asia and things like that. If people ask why it is like that, it was bcoause when my comrades were captured 1 was still free and in hiding so many people: thought that l-lambali had this and had that, did this and did that so they frightened momsolves and made other pooplc panic. You should know that the members of II in Malaysia and Singapore were 29 Feb 0-7, Updated 8 Mar (37 4 Vi. Exhibit D?b arrested under the provisions of the inter-ital security act (ISA) without being judged in court. Witnesses a. To be sure "in order to prove the truth of some matter ewdemze or witnesses are need-ed or some other method i-lce that that can be accepted. In order to select witnesses the! are rel-es ant or irrelevant is a little difficult for me. in the case of matters that have already occurred, such as the Bali bombing it is easy because just ask someone who was involved in the operation so that they can pmvide testimony as to whether i was involved or not. Bus for those things that haven?t happened yet it is somewhat difficult because maybe it is still in the imagination or is a rough idea or is just some idle tell: while drinking tea or somebody else is just saying, this or that or part of it is a story from a, part from 17, part from c, and so on. So then it is all put together and becomes a complete story and scares someone. To select a witness that is relevant in a matter like this is dif?cult for me because that person may have already forgotten and so forth. But there are other matters which make it dif?cult for me to request written testimony from a witness and the reasons are as follow-s: i. It has been about 3.5 years since I?ve been in jail and I don?t know anymore about how zliese people are or what their condition is. In order for them to become a witness for me, it is obvious that 1' need to know that they are in good condition because in 3 .5 years those people may have changed. ii. Maybe they are afraid because if they hear shout Guantanamo or the CIA and that they are going to be a witness for Hambali they don?t want to take the risk. This is even more so ifthese. people have been previously arrested or are still in detention. And thirdly, i think that there is information that is most important, that is that a?er '3 .3. years ofheinig. imprisoned my contacts with my family have been broken and after 3 months i have been in jail on Guantanamo island 3 get my ?rst letter from my wife via the ICRC (international Committee of the Red Cross). The. first time I saw that letter I was surprised because that letter was not written by my wife. It was written by someone else. I do not know who wrote ii. Since my wife is not illiterate i know what her writing looks like because we have not been together for one or two days but for years. And also. I know how she would write because 1 know the character 20 Feb 07, Updated 8 Mar fl? 5 6451000/72 i1 9 Exhibit 9?3) of my wife just as other people know their wives. Considering my position now as a detainee i am going to any this is ?fake letter" for the foilowing reasons: I. 100% sure it is not my wife?s writing. 2. if you look at the writing in. the ?rst page. it is not the same as the writing on the page. Aiid ii is written with a di??erent color pen. Usualiy the writer of something who sends it and the one who receives the message as well as the message has it written by the same person. . On the ?rst page the name of the sender is NUR which is written in capital ietters. But then on the. upper right?hand corn-er. KUA RefNo: KUA TA 2006f09 RCM 061? 1019 is written. But then in the column of the receiver there is I 9). i think that all of this was Written by the same pet?s-4m because the method ofmiting the capital letters end A insido NUR ALWIZAH and "the letter and A in the Reference Number and also the in the column lor the recipiem are. all the stone- and were written in the some color pen. Usually the sender doesn?t know the reference number only the ICRC of?cial knows it, just as when i wrote that letter I didn?t know the reference numb-er. - . "Hiero- is no address written for the send-er. -. On the 2?d page. the message that is written is not complete more or less oniy V: of a. page. Usually when a person who hasn?t mot someone for a long time and misses thorn wril write a complete page just as I did and my wife?s message doesn?t answer my questions. That message was written on a Malaysian NRC farm and in Maiay. Even though it is like that, this is just my suspicion because it is obvious i can?t further investigate the letter. And until nowl haven?t met the ICRC of?cial again and I haven?t gotten information from ihe ICRC regarding their one position on this letter. But who: is certain it?s not my wife?s writing and when i moi with the: officiai the last time he said that *he Jakarta ICRC representative had encountered some dif?culties in Jakarta (that had to do with me). i did not ask. him what 10 "Feb 07, Updated 8 MEI 07 #19 Exhibit ii?b were the problems but it was clear that the pinblems were from the lndo-nesisn authorities. There was one message I received from indenesia that had one oral request. i do not completely remember what it was hut more or less it was like this ?may you quickly be freed and be returned to Indonesia and don?t forget the 5 times" (that means to pray 5 times every day}. It was said that that request was 5mm my younger brother. But according to me? a request like that is very strange because it is net usual in my family to give advice like that. Bm thal?s my suspicinn and next a conclusion. Finally new if i receive a message ?nm outside, have some deubts about it. You have to be very careful and investigate it and understand its me position. which is just the nature of mankind. I remain suspicious because imagine that if there is something like a personal message that is disturbing what about samething more important like testimony in order to determine my status as an enemy combatant or not and other matters. A matte-r like this makes it dif?cult for me tn request written testimony from witnesses but an the ether hand i also want to prove to you that what} am saying is the truth, and this is my dilemma. If I Force an issue maybe this will be semething that will make more problems for me than solve problems fer me. Maybe with the second 1118de of having the witnesses coming, this is a better method but i think there isn?t anyone wants to come in Guantanamo. They are afraid they will not return to their native place. At the time I do net understand the conditions outside. so. i can?t make any conclusions because it would be making conclusion-s without supporting infomation that is true and so it wnulci only make further problems ibr me. So this is my answer to the evidence show: based on my abilit} new in this condition154.41 5451009174 (W1) NatSecAct Verbatim Transcrim of Commrhatant Stat-us. Review _?l_?ribunai Hearing. far ISM I?gl? RECORDER: RECORDER: RECORDER: RECORDER: PRESIDENT: EPORTRR: OPENING On the record. rise. Remain seated and come :0 order. Proceed. Record-er. This Tribunal is being conducmd a10813. 14 March 200'?? on board U3. Naval Base Guam name 3 Cuba. The fc'limving personnel are present: United $13135 Navy, President Liculenan! Colonel I Uniicd 3:31:15 115: I-nrcc, Member Lieutenant Guiana! Slams Marine Cums. Member Lieutenant Commander 633(5) . Unite? States Navy, Persn?ai Representative n? =r unnery crgcam (W6) '1 States Mar-int: Corps. Reporter Lieutenant :1 679(6) . United Sim-:5 Navy, Recorder ., I u. 3.. 7' (W5) is the Judge Advocate member of the Tribunaf, Captain OATH 1 All Rise. The Rentardar will be Swarm. Do you. lieutenam Commander . soiemnl}; wear to carry am the duties as Recorder assigned in this. 'I?ribunai so hcip you God? I do. The Reponcr will now be sworn. The Recorder win admmister the oath. Do you, Gunnery swear that you vs faithfu?y discharge your duties as assigned in unai sn help you God? I du. The Translator will be swam. #10015 {inctosure Page 1 01?39 NatSecAct 1 RECORDER: PR 1351!) ENT: RECORDER: RECORDER: PRESIDENT: RECORDER: PRESEDENT: PRESIDENT: NatSecAct Do you swear or af?rm that you Will faithfully perform the duties. of?l?ranslaior in the case now in hearing. so hcip you Gad? I do. We will take a bn'ef recess now in orch to bring the Detainee into the mom. Recorder. note the date and time. The time is 0814 on March 2007. This Tribunal is new in rccass. [The Tribunal recessed ai 08] 4, [4 March 2007. The mmuhers withdrew from the hearing room] CONVENJNG ?ihunai reconvened and the members entered the 310821 011 14 March 2007.} This hem-Eng will come: IO order. Please be suited. OF ABOVE). Recorder note the date and time. The time is 0822 on 14 March 2007. Nashiri, this Tribunal is convened by order ofthc Din-cam. Cambatant Status Review Tribunals under provisions oi'his Order of 22? February 2007. (TRANSLATEON OF ABOVE). This. Tribunal determine whether Nashiri meets the criteria to be designated as an enemy comhalani against the United Status or its coalition partners or otherwise meets the criteria to be designated at: an enemy combatant. 0F BATH 5535mm 2 The members of this i?ribunai shall now be sworn. All rim. (TRANSLATION 0F ABOVE). 132??! #10015 Encinsme Fags 2 of 39 (W1) NatSecAci ?i RECORDER: TRANSLATOR: PRESIDENT: TRANSLATOR: RECORDER: TRANSLATOR: PERSONAL (W1) NatSe-cAct 3cm swear or af?rm that you will faith-fuliy perform mm duzic-s as a member of this Tribunal: that you impaniailg examine, inquire imo the matter now before you according to yqu cunscienc-c. and the laws and regulations pravided; that ynu wiil. make such ?ndings of fact and conclusions as are supported by the evidence presented: that in datemlining those facts. you wi? use your professional knowledge. best judgment. and common sense; and that you will make such ?ndings as are appropriate according. to the best of your understanding of the: rules. regulationx and laws this proceeding. and guided by yeur concept ofj ustice so ?sh: you God? 0F ABGVE). I do. (TRANSIATION OF ABOVE). The Recorder wilt now administer the oath in the Personal (TRANSLATION OF ABDV ii). Do you sweet: or af?rm that you will faithfully perform the duties of Personal Representative in this Tyibuna! so help you God? (TRANSLATION 0F REPRESENTATIVE: 1 da. PRESIDENT: LATOR. PRESIDENT: i?lease be scaled. 01:: ABOVE) The Recorder. Reporter, and 'l?ran?siamr have previousiy been sworn. (TRANSLATION OF ABOVE). EXPLANATEUN 0F Nashiri, you are hereby advised that me tb?owing app-lies during this hearing; OF ABOVE). ISN #1 001 5 Enclosure (3) Page 3 of?39 (mm NatSecAct 15-L-1 . -m?a PRESIDENT FRANSLATOR: PRESIDENT PRESIDENT: PRESIDENT: TRANSI..ATQR: PRESIDENT: DETAENEE (thmug'h iransiamr}: through PRESIDENT: RA NS (bx 1) NatSecAct You may be present at ail open sessiens of the "I'ribuzmi? However, if you become 5 disorderly, you will be removed from the hearing; and Tribunai wiil continue to hear evidence in your absence. 0F ABOVE). You may rm! be cumpclicd to testify at (his Trib?unaf. you may testify if you wish to do so. Yum- zcsiimony can be under 0th or 0F ABOVE). You may have the: assistance of a Personal at the hearing. Your assignad Personal Representative is present. OF ABOVE). You may present evident: to this Tribunal, including the testimony of witnesses: who an: reasonably avaiiablc and whose: tcsumony is relevant to this hearing, Yam may qucstiun witnesses testifying at the 'f'ribunal. 0F ABOVE). You may examine documents or statements offered into cvidcnce other than C-Eassi-?ed infonnation. However. certain documents may be partialiy masked for security reasons. (TRANSLATION 0F A1 Nashiti, do you understamd this process? 0F ABOVE). By the proccdure. do you mean what we just {5:}de about? Yes. Yes. Do you have any questicms concerning the 'I?ribunal proct?ss?? (TRANSLATION ABOVE). Enclosure (3) Page 4 (MU) NatS-ecAct DETAINEE (W1) (bus) NatSecAct (through translator): Nu. PRESIDENT: TRANSLATOR: PERSONAL PRESENTATIGN 9F Personal Representative, please provide the Tribunal with the Deiainea Election Fonn. 01" ABOVE). REPRESENTATIVEI am handing the Tribunal the Detainee Election Form. which was previciusly TRANSLATOR: PRESIDENT: TRANSLATOR: PRESIDENT: TRANS .ATOR: RECORDER: TRANSLATOR: marked as Exhibit D-u. (TRANSIATIDN 0F ABOVE). The. Tribunal has received Exhibit D-a. (TRANSLATION O'l? ABOV Indicating that the Detainee wishes to participate in the rib-Lina! and wants the assistance of the Personal (TRANSLATION OF ABOVE). RECGRDER PRESENTS Recorder, please provide the Tribunal with the unclassi?ed evidence. 01? ABOV I am handing the Tribunai what has previousiy been marked as Exhibit R- . the unclassi?ed summary 0f the evidence that relates in this llemince?s status as an combatant. -A transiaicd copy of this exhibit was provided to the Persona! Representative in advance oi?this hearing for presentation 10 {he Detainee. ln addition. i am. handing to the Tribunal the following unclassi?ed exhibits. marked as Exhibits R-2 thru R-B. Copies of iiwsc Exhibits have previously been provided to the Personal Representativzc. {Documents presented to l'i'ibunai] please read the unclassi?ed summary of evidence for the record. But before you proceed. let me rcmirid Al Nashiri that he must not commont 0n the #10015 (3) Page 5 of 39 (bill) NatSecAct (mm NatSecAct 1138143121!? cvidcnce at this time. The: Detainee will be provide-d with an opportunity shortly to provide any comments. Recorder, please proceed. (TRANSLATION OF ABOVE). RECORDER: The following facts support the determination that the Detainee is an enemy combatant. a. The Detainee was experienced in military and explosives training. having participated in such activities during hi3 travels to Afghanistan. Bosnia. and Chechnya. b. On 7 August 1998, near simultaneous truck bombs were detonated at the United Stains cmbassics in Nairobi. Kenya and Dar es Salaam. Tanzania. "l'hc cxplosmns at the United States embassies resulted in the deaths 01'224 people. including: 12 Americans. More than 4,585 "people were wounded. c. Mohammad Rashid Danud Al?Owhali and was later convicted in the United States District Court. Southern District (3cher York. for his role in the al Qaida bombings of the United Stains cmbassic-s in East Africa. which occurred on 7 August 1998. Al-Owhali obtained 3 Yemen: passport in the name of Khalid Salim Salch Bin Rashid. ALOwhali identi?ed the individual who facilitated Al-Owhali's obtaining a chcni passpon as Biial, Bilal is known to Federal Bureau l'BVESIigaiOl"; as Abdul Rahim a] N?hi?, the Detainee. Al-Owhali uscd. this same Yemeni passport to travel to Nairobi. Kenya. arriving on 2 Angus: 1993. d. On 12 October 2000. the USS COLE was attacked by a small bomb-laden boat. The small boat pulled along side the USS CHLE and detonated. The explosion opened a 40 fool hoic in the USS COLE, killing 37 sailors and injuring approximately 4t) personnel. 6. A Federal Bureau of investigation source identi?ed the Detainee as an important pct-Son in a] Qa?idh and the source stated he heard the Detainee helped arrange the USS COLE bombing. f. Jamal Ahmed Mohammad Ali Al?Badawi (Al-Badawi) stated he met the {Jemima in Aden. Yemen in the summer of 1909. Al-Badawi stated he purchased at boat for the Detainee upon a request from the Detainee. g. Jamal Ahmed Mohammcd Ali .Al-Bndawi stated the Detaincc bought explosives in Sadah. and transported the explosives concealed in ?shing coolers. h. Approximately one and a half months prior to the USS bombing the Detainee cxplained the: details of an operation in the port of Aden. Yemen against a United Statcs Naval ship. The Dctaincc discussed this operation with Jamal Ahmed Mohammad Ali Al-Badawi (Al-Badawi). The Detainee askcd Al-Badawi for assisutncc videotaping the operation. #10015 Enclosure (fl) Page 6 of39 41187936}? NatSecAct (th 1} (bits) NatSecAct i Jamal Ahmed Mohammed Al-Badawi claimed the Detainee personally funded the USS (TULF operation from the Detainee's 01am sources. . j. Jamal A Mohammcd Al-Badawi was tried and convicted in Yemen for his . involvement in the USS HULK bombing. The Detainee was tried in in Yemen, convicted and sentenced to death. The Detainee's conviction was later upheld following appeal. It. An alias used by the Detainee was found on a contract for the purchase of a vehicle in ?r'ernen. which was used in support of the MSW (TIRE attack. An individual identi?ed the Detainee from a photograph as the person who purchased the vehicle. 1 The Detainee was one of the main suspects for masterrnindinp the attacks on the and on the French oil tanker Merchant Vessel Limiting in ()ctoher RUDE. m. The Detainee was identi?ed on a leadership list For a seicn: t?c labuuratorg.r in Karachi. Pakistan. which was sponsored bv Harakan Desturia lslarma. a Kuwaiti-based Islamic extremist group that raised funds far at Qaida. n. Detainee was arrested at the end of October 2092 in the United Arab Emirates. when the Delainee was arrested. he was holding several forged passports from several countries. The passports contained several different identities. PRESIDENT: RECORDER IRANSI ATDR: PRESIDENT: PRESIDENT: PERSONAL A'l'l'v'ii: Yes. sir- I am handng to the Tribunal Translate. i'l'iUtNSl .A'l UNCLASSIFIED SUMMARY). Sir. this concludes the summary 91' unclassi?ed evidence. RANSIA 01" ABOVE) Very well. Persnnal Representative, does the Detainee have any evidence to present to this Tribunal? 0i" the linllowing unclassi?ed exhibit marked as Exhibits D-h. A copy of this exhibit has been previous provided to the Recorder. [Documean presented to Tribunal} ISN [5 Enclosure Page 7 of39 12!. with (M3) NatSecAct TRANSLATUR: PERSONAL Eb)? ?1 (bus; NatSeeAct - I. (TRANSLATION 0F AHOVH. REPRESFNTATIVF: I will read the Iletalnee's urul slalemenl. PERSONAL UF And he will after each point. TRANSI PERSON M. Ami at the end as desired. PRESIDENT: TRANSLATOR: PRESIDENT: TRANSLATOR: RECORDER: ATOR: T: PRESIDENT: 'l RANSI MEMBERS OF AHUVI-IJ. the appropriate time. I?ll permn you In d0 that OF MHJVIEJ Dues the Recorder have any further unclassified evidence (TRANSLATION 0F Mr. Presidcni. I have no funher unclassi?ed evidence for the Tribunal. but I rcspeetfuliy request a closed Tribunal session at an time In presenl etusxi?ed evidence relevant 10 this lktainee?s status as at. aeruerng.r carnhatanl. (TRANSLATION 0F Your request for a closed scssiun is granted and wili be taken up in due euurse. .ATIUN DI- A Hf EFT-T). [Jo the members need additiunal lime 10 review the uncla-sil'ied evidence"? Ol? ABOVE). Nu. 511'. Nu. sur IRequesling clarificutmn Ihr Translatinnl Yes'.? Enclosure Page 8 of}? mm (W1 1' NatSecAct 15-L-16451000182 MEMBERS. PRESIDENT: TRANSLATDR: DETAINEIE {through transiator}: PRESIDENT: PRESIDENT: Eli (through translator}- i)l?NT: PRESIDENT: PR IRANSI IJP. through translator): PRESIDENT (bit 1) (NIB) NatSeeAct Ne 0F ABOVE). Al Nashjri, you may now make an oral statement to the rlbunal and you have the asmstartt'e nf ynur Representative in timing so. 110 yen: wish to make an oral statement to this 'l'ribunai'? 3; Personal will speak an my behalf; Very well. Would you like to make any ?lalemenl here today under thh'.? We have prepared em with for yeu. However. we :10 net reqUtre an (1:1th Ol' Yes. I have no problem. In taking an uttlh'.? Yes. Alright. Wuuld gmu like the Musllm farm ul'nath ur the ether fern Month the! the PR has: tl?st?nht?d here? ION 0F It makes no tli?ierenee to me I will take either one. Ainght. Recorder. the other nf nath. OF ABOVE). ISN DU I 5 Enclosure Page 9 of 39 {hm} (b}t3} NatSecAel RECORDER: IT. OR DER: DETMNEE {through translator]: RECORDER: PRESIDENT TRANSLATOR: PERSONAL (bitS) NatSecAct For clari?cation. (TRANSLATION UF Would you like the Muslim oath" OF Yes. Please repeat in the name of Allah the most Compassionate the most merelful l, AI Nashiri. swear by almighty tied that my testimony,r this Tribunal will be the truth. Ol? {Detainee repeats a?er ranslatnr] Very well Al Nashiri, you may begin your statement and the Personal Representative may proceed as outlined. Responses to the Unelassi lied Summary ol? Evidence fur Combatant Status Review for Abd al Rahim Hussein Mohammcd al Nashir: dated 20 1007 Opening. Remarks The Detainee states that he was tortured into contesston and once he made :1 en ?nlession his captors were happy and they stopped torturing him. Mao. the Detainee states that he made up stories during the torture in tn get IT to stop. The Detainee more-stun] under torture in the eventsThe French Merchant Vessel l.imhurg inerdent. ic 't bombing the rockets In Saudi Arabia. The plan to bomb American ships in the gulf. Relationship with people commuting homhings in Saudi Arabia. lsama Hin Laden having a nuclear bomb. plan to hijack a plane and crash it into a ship. ISN 5 Enclosure Page ll} ot?39 (b)t1 (th3) NalSecAet 1 5-L-1 NatSecAct TRANSLATOR: (TRANSLAWON 0F ABOVE). PERSONAL Al Nashiri. do you have anything to add? (TRANSLATION OF ABOVE). DETAINEE (through translator): No. PERSONAL REPRESENTATIVE: [continuing] a {n respen-se to item a, the Detainee states that he has never visited Bosnia or been trained in explosives. Alan. the Dctaincc states that no one in the world can testify to the that that he has been trained in cxplasives. Additionally, the Detainee states that he ham visitizd battle?elds and observed battles in progress because it was his intention to help people by gathering information and an untierstanding ofwhat was occurring in Afghanistan. TRANSLATGR: 0F ABOVE). PERSONAL [continuing] In response to item h. the Detainee states that the item listed is a statement of facts which ht: heard min the news and that the: Statemtint dogs not accuse him uf any involvement. The Detainee timber states that he had nothing to do with the: bombings and believes that th-esc facts wart: listed against him because of his cousin, Jihad Muhammad Al Hamzi. who has been implicated in the bombings by the media along with AI-Owhali. Finally, the Detainee would like to restate that he had nothing to do with the Kenya and 'l'anzania bombings. OF ABUVEL PERSONAL REPRESENTATIVE: [continuing] a in response in item c. the Detainee states that he does not ever seeing Al-Owhali in Yemen and furthermnre ht: did not help Al-Owhali in any way to obtain a passport. OF ABOVE). MON 5 Enclosure (3) Mg: 1 of 39 (WW) NatSecAcl t. (bus) NatSecAct PERSONAL REPRESENTATIVE: [continuing] a in response to item d, the Detainee states that the item is a statement of facts which he heard of in the news and that the statement does not accuse him of any involvement. OF ABOVE). PERSONAL REPRESENTATIVE: [continuing] - In rcSponse to item the Dctaincc states that he is not a member of" al Qaida and denies any involvement in the USS COLE bombing. the listed in the Summary of Evidence. is bascd 0n hearsay from an FBI source Whit only heard the Detainee helped arrange the bombing anti dgfmitcly does not have any ?rsthancl knowledge of the actual events or participants. The Detainee also acknowledges that he knows the people involved in the USS (701,5 bombing personally because he had a business relationship with them in the ?shing industry and did not know what they were planning to do. {Paust TRANSLATOR: [Re-questing clari?cation for Translation! Can ynu ?nish ending of paragraph? REPRESENTATIVE: Sorry. Additionally, the Detainee lc? Yemen two months prior to the USE COLE bombing for Pakistan and was in Afghanistan when the bombing took place. Finally, the Detainee slams that he did not awn hear about the COLE bombing until many hours after it had occurred and was surprise-d by the incident. TRANSLATOR: Ol" ABOVE). PERSONM. [continuing] a In rCSp-on-se t0 item the Dmain?e agrees that the item listed in the evidence: is mm bu: the mason why he asked Al?Badawi tn buy him a boat was for his ?Shing business. ABOVE). PERSONAL REPRESENTATIVE: [continuing] ISN #10015 l'inclosme (3) l?age 12 0H9 45% (W1) NatSecAct ., . - (W1) NatSecAct In to item the Detainee states that he never spoke of or discusswd the buying of cxpiosivcs with Ai-Badawi in Sadah. Yemen. TRANSLATOR: 0F ABOVE). PERSONAL REPRESENTATIVE [continuing] a In rcspunse to item; h, the Detainee denies discussing an operation 10 bomb the USS COLE with Al-Badawi but he did ask Al?Badawi to videotape the pcopic who were trying out a boat in the port to sec if it wurked. Detainee states that the had asked him to vidcmapc the boa: but he was scheduled to be on crave} during that time. TRANSLATOR: (TRANSLATION OF ABOVE). PERSONAL REPRESENTATIVE: [continuing] in responsc to item i. the Detainee: siatcs that he did nm have any money to fund the bombing of the (?519 (SOLE. 0F ABOVE), PERSONAL [continuing] In response to item j, the Detainee states that the item is a statement of facts which he heard ofin the news. Additionally. the Detainee state-51m: he had heard Afghanislan mat Ai- Badawi was tortured to confess to the COLE b-embing and it is the Detainec?s belief that the Yemenis would have done anything to make AI~Badawi Finaliy, the Dex-aimx: heard that the Yemeni people had acmauy tortured and killed Mihdm because they did not iike the answers he gave during interrogation. (TRANSLATION OF ABOVE) PERSONAL [continuing] in response to item 14,1113 Detainee suites that it is possible ma! his namc was on the contract for the vehicle because lr-Iassan cut-dd have {akcn his identification without his knowledge. Furthenn'crc., the Dctaince states than Hassan had put the Detainee's name on cm: of the houscs Hassan leased without his penal-?ssion, The Detainee states that it was Hassan's car and not the: Dctainec?s car thai was used in the operaiiun to pull the bum. 1001 5 Enclosure (3) Page 13 of 39 (W1) (130(3) NaiSecAct 1 (W1) NatSecAct Finally, the Detainee states that he nniy found om that the car wa: in his name after he arrived in Guantanamo Bay, Cuba. (TRANSLATION 0F PERSON AL {cantinuing} a In rasponse to item I. the Detainee again acknowledges that he the pc-opie invoived in lhe hnmhing and the French Merchant Vessel Limb-mg incident pcrsonaily because he had a business relationsth with. them in the ?shing industry and did not knuw what they were planning to do. 'I?he Detainee denies any in either incident because he was in Afghanistan during the USS COLE lmmhing. ?nding a place to: live, and in Bubai during the French Merchant Vessel Limburg incident, tr") mg 10 ge: married. TRANSLATOR: OF ABCWE). PERSONAL [con?rming] a In response to item m. {he Detainee states that this information is not true and that he has never fward nfthis group. TRANSLATOR: ABOVE). PERSONAL REPRESENTATIVE: {cnnlinuingl In reSp-onse to item IL the Detainee states that when he was arresicd he only had (3m: The Detainee aisn states that he met somebody in Dubai and asked far some forged passports but never saw him again. OF ABOVE). PRESIDENT: PR. clues that cancludc. "um, the oral statemenl that you had prepared? PERSONAL REPRESENTATIVE: Yes. sir. TRANSLATOR: (TRANSLATION (1F ABOVE) Nushiri, wouid you iikc to add anything to the statement your PR just made for yOu'.? ISN #10015 ?nch-sure (3) Page 14 of 39 (W1 NatS-acAct 154:1 NatSecAct JFSH-SGLL 0F ABOVE). DETMNEE (through translator): No. PRESIDENT: And, what ht: read is that what yeti wanted him to read for you? TRANSLATOR: (TRANSIATION OF ABOVE). DETAINEE {Ihmugh translator): Yes. So. that Was your statement? (TRANSLATION OF ABOVE). (through translator): Yes. Alright. PRESIDENT: AI Nashiri, than: are a few thing 1 would iike to speak to vou now about regarding your ailegatitms uf tenure. OF ABOVE). PRESIDENT: You stated that you were tortured into confession by your And, that you made certain statements in order [0 stop the torture? TRANSLATOR: (TRANSLATION OF ABOVE). (through translator): Yes. PRESIDENT: Alright. I meant some more details about that. TRANSLATOR: OF ABOVE) (through translator): I have a {or of information. Alright. I?ll ask questinns and then please respond to them. (TRANSLATION 0F ABOVE). #10015 Ens-imam (3) Fage 15 of39 (13X 1) NatS-ecAct 010(3) NatSecAct (through translator): Okay. PRESIDENT: Do you know. the ah. who your captors were? (TRANSLATJON 0F ABOVE). DETAINEE (through translator): No. [do not. Were they Americans. Yemem?'? (TRANSLATION OF ABOVE). DETAINEE through transiator): The}; were Americans. PRESIDENT: And ah. When did this eecur?? 0F ABOVE). transistor): Pram the time I was arrested ?ve years ago, they have been taunting me. It happened during interviews. One time they tortured me nn-e way and another time they tortured me in a different way. PRESIDENT: Please describe the methods that were used. 0F ABOVE). DETAINEE (through translator}: By hanging, head was up and Iegs were pointing duwnvtards. was hung for atmust a month. You doing your things basically and you were hung upside down and drowning and hitting at the wall. There are many scars on my head if shave my head. shave my hair the scars ?will become obvious. What eEsc do 1 want to say? I was Without domes. i was sleeping 0n the ?ow for about a month. Many things happened. There were doing so many thing. What etse did they did? There a box half meter by half meter. It. was twa meters height. They used to put me inside the box. I was standing in that box far about a Week and I couldn?t do anything. My feet were swollen. My nails were about fa}! offbecause. was Standing, an my feet for long time. They do so many things. So so many things. What etse did they did? #10015 Enclosure (3) Page 16 of 39 $558616 (bx1 NatSecAct TRANSLATOR: DETAINEE (13W NatSecAct That thing lasted for about six month. After that anuthcr mclhod after-tun: began. They use to pm someihing in the fund that use to make Ih? body tired. Before I was arrested I used to be able to run about ten kiiomeiers, New, I cannot walk for more than ten minutes. My nerves are swollen in my body. Swniien toe. They use? to ask mt: questions and the investigator a?er that used to iaugh. And, i used to anxwm the answer that 3' know. And. if I didn?t reply what I heard, ht: used :0 put someihing in my feed. And, a?cr 1 ate it my body feiz like. um, strange. Aft-er that he used to came back and talk to me. 201d )ou he put anything in the fund. He used to deny that but the camera ww: behind him. And; I would stand in from! of the camera and he used to (all gun that because camera was on. He couid not deny anything. You have acknowledge in what we are saying. And. I used to say acknowiedge what? They used to ask even politicai questions. One is the selution to the American pmblem in Iraq. I'm not the American Foreign Minister to answer them questions. 30 they used. to go: and put some stuff in my fwd. Thesc things happen far more than two years. Thai thing did not stop un?t here. Sn many ihings happened. I don't in summary. that?s basica?y what happened. Alright. Let me ask. So then sin-cc the time of capture 21 until yen came to Guantananm you experienced these types of events?? (TRANSLATION 01: ABOVE). (lhmugh Iran-51mm): Yes. PRESIDENT: TRANSLATO-R: Are you under any pressure or: duress today? (TRANSLATEON 0F ABOVE). (through lransiator): No. Nmzoday. PRESIDENT: TRANSLATOR: You mentioned in your statement 3131 there were Seven 1hmgs you admitted To. The French Merchant Vcsaci Limburg incident and the rest. OF ABOVE). Do you have that there in from of you? (TRANSLATION OF (through Iransialor): Yes. #1001 5 Enclosure (3) Page 17 of 39 NatSecAct NaiSecAct PRESIDENT: You admitted to these seven things. You?re telling us because the treatment you received? OF ABOVE). (through translator): Yes. That?s the meaning Is what ycsu said. following the treatment you said you receive-d incomplete or untrue in any way? TRANSLATOR: Please. Ah, ii?can you repeat what youjust said? Please. (I-crtainiy. The seven things that you said? following the treatment. are they incumpleic or untrue in any way? 0F ABOVE). ETAIN HF. (through translamr); In summary that's what happenad. But. if you have any uucsnions for me. I wiil answer in more detail. Alright. PRESHJENT: Let?s just turn to numbar one. 111:: French Merchant Limburg incident. TRANSLATOR: Okay. (TRANSLATION OF ABOVE). You, ah, do not claim any for that incident? .ATOR: (TRANSLATTON OF A BOVIE) DETAENEE (thraugh translamr): Before we go and talk about these things. i need 10 talk about something c139. PRESIDENT: (?10 ahead. (TRANSLATION OF ABOVE). DETAINEE {Waugh tran-slatur): These are no: oniy the seven ?lings i, 1, said. laiso talk-ed about other things during the investigation. And, they were understood as being admissions or #10015 Enclosure (3) Page 18 of 39 (mm (W3) NatSecAct 15-Lw1 645000192 DETAINEE (through translator}: Regarding the ?rst point. What happened is that I knew.? some people who were PRESIDENT: DETAINEE (through translator}: From what I remember because this thing happened ovet five years. I don?t (fill? NatSecAct NatSecAct (W1 NatSeoAct plans. And these seven are not exactly in this way. 'llic-y need explanation. I talk this way because the Recorder. because don't want the Recorder to look at the things like that during the classi?ed scssion. And, think that those are evidences against me. why i need to explain these things so they will become clear. Please. proceed. 0F ABOVE). related to this incident. And, during the investigation, they did not tell me I know these people or not. 't?ou admit. So you say i knew these: people anti I helped. them out. 'l.?hey went to Yemen to ah. to alt be involved in some bombings. i help them go to Yemen but in reality I did not know what they planning to do. They went to Yemen to do this and that. I have no, have nothing, to do with that. But after the bombing occurred I heard from the people that this and that happened. I heard a lot of details and during the investigation i told them those details. That there was this individual and that individual. That don"t know misunderstand and they thought that was involved in their planning. I swear that I knew some information and admitted, do, :11: those information. But generally 1 had nothing to do with this bombing. I don?t know how it happened and I have no idea how. alt. it was planned. After it occurred knew the details. And I admitted to them that. oh. that the thing happened- That?s what occurred. Should repeat what i said during the investigation or not? if you?d like. you can tell us what you said. tb)(l) 0t: ABOVE). Nat'SecAot know what exactly what I said, oh. many things. many thing happened. But in general there was a group of people Walhid and. dab. and he was with a group. met these people. i met those people in Pakistan before they went and they were with me one to two clays bofort: they left. After the explosion happened. I heard more details. That they were, that they had boat ready in a house and two people took a boat and they hit the ship. Also during the investigation. they had an So, they used to torture him and ask him a lot of quostions about that And I have: no, nothing. ah. whatsoovcr, ah, I don?t know anything about this 'said that there were explosions and there were road blocks. After that remembered and then. than I understood that the young manor people had those things. And they wanted somebody to help them. So he used to talk ISN #1001 5 Enclosure (3) l?agc E9 of 39? ?all?l NatSe-cAct A . ..4 -- A PRESIDENT: DETAINEE (through translator): PRESIDENT: DETAINEF. (through translator): (bit 3) NatSecAct with somebody else. i think it was Khniad. Khalad told me. ask me, do you want to go to Yemen? And. i told Khalad, no. 1 nothing to do with that. ho not Involved with these people. And those things were misunderstood and they made the people believe that had something to do with those people. That?s the general stuffthat i had that I recall. I had nothing to do with these people. And, is that some thing for the USS (301111"? (TRANSLATION OF ABOVE). i also about the USS COLE. They took lot of information from me during the investigation about this incident. The business was about ?shing not uh. not uh bombings. And. i spent a lot of time with people who i had ?shing project with. Art-d the people who where involved with. in the project. died because of a natural incident. And after that i got to know the people who were involved in the explosion. We were also. we were planning to be involved in a ?shing project. left the thing. i left the project and left. They are the ones who were involved in those things. I?m not responsible for them or what they have in their heads. What did you say to your inte?ogators about your involvement in the (.?t?liLE bombing? 0F ABOVE). From what i nomember in simple details. For example, was in Afghanistmt. When I knew that two people were going to Yemen to be anDinEd in a ?shing project. And. i took about ?ve or ten thousand d-oilars from Usama bin Laden. He used to help all people. He used to help people got married and so forth. So I just I get help from him too. So I went to Yemen to get involved with those people but during the investigation that's not what was explained. in the investigation they think that I took the money to be involved in a military incident. And. they used to drown me in water. So, i use to say yes, yes; I went there. I took. money from Home bin Laden. was planning this and that. After that thoy used to ask me how many times did 1 go to- Usama bin Laden, and take money and went back. continue planning and explosions. I just make up i don?t know how many times. i used to stop by Usama bin Laden and take some money. Also regarding the explosiona in Sa?ada because this is not connected it had oothing to do with COLE bombing. it's the truth that during the investigation admitted to. I told them that took some money then .1 gave it to somebody to buy. to buy explosives. That?s, this. this thing news in general is true. But during the investigation I told them yes I took this money and to get involved in some ISN it 0015 EncloSure (3) Page 20 of 39 I I 1 (W1) NatSecAct 1 - . ..- - (bx-?3 NatSecAct 1 bumbings. But in reality I took them and i gave them to my friend and I gave them to my friend Rhibay. For i-ic-rdada. It was simple. i don?t recall. Maybe or tbur boxes, ?fty kilograms. I gave it to him. in Yemen they use that to dig wells. 80 buying expltisives is a common thing. That?s in general what happen. I still tot-d them a lot of thing. A lot of detaiis iikc how [0 buy a boat or a new boat that heat. 't'hings like that. 30. you money from Usamat bin Laden in order to get married? To get married and because ht: was being generous to you? OF ABOVE). (through translator): Yes. [took a lot oi'money ?'om him. TRANSI .ATOR: DETAINEE- And. you gave explosives to ihends but that was dig wells? (TRANSLATION 0F ABOVE). (through transtator): Yes. But during the invastigation i. told them those things were used to bomb. to PRESIDENT: DETAINEE bomb the COLE. And. you're with the people. who did bomb the (30115 or involved in the Limhurg. was because (if your ?shing business and not because of" the bumbing?? OF ABOVE). (through translator): Yes. It was business reiationship. tike ?shing projects. TRANSI .ATOR: Going back tn the seven items that are in your statement (TRANSLATION OF ABOVE). It, ah. Yuu said you made about bambing American ships or abcut planning to attack ships. And about Usama bin Laden having a nuclear hurrah and. it plan in hijack 3 plane. OF ABOVE). #10015 Enclosure (3) Page 2! of 39 (W1) NatSecAct 15-L-1 6451000295 . (W3) NatSecAct i :31 13". (through translator): i just this, i just said those things to make the people happy. They were very PRES WENT: TRANSLATOR: DETAENEF. happy when i told them those things. But when they freed me. I told them all 1 mil) told you these things to make you happy. 80 what your telling us today is those statements, those Mate-merit are not true? OF (through translator}: For example the rockets in Saudi Arabia. in general it the truth there was a man who took rockets from Yemen to Saudi Arabia. But I lot-ow nodting about things. i only know the person only. But doing the investigation they hit me and tortured. And said yes I know these things. I used to say yeah, yeah we did those things to hit you in the peninsula. And this person in prison right now in Saudi Arabia right now. lie cannot" say I help them in the planning. because I don?t know about that thing. That is the reason why my mom, my father, my brother. and my family are in prison. The peopie in Saudi Arabia they want me to surrender. 'l'hat?s the reason why le? Saudi Arabia and went to Pakistan. That's one point. Regarding point number four, which talks about which talks about the plan to bomb the American ship in the Gulf. i had a project in Dubai regarding a ship. A business proiect. But i took money from Usama bi Laden to do this project. And at the end. Usama bin Laden asked me ill can use those things in military actions. But when I went to Dubai I ended the whole project. I sold the boat and i let the people go. i was able to do this project if i wanted to with the people on the boat and put the explosives on the boat and send them to Yemen and bomb anything. But i ended the project. I wasn?t planning anything. i worked for about six or seven months on the project to: a business project. At the end I knew that Usama bin Laden was able to use this project as the military tool. But I stopped everything and i let the people go. And what I had on my mind is to get married and live in Dubai. In regarding point number ?ve. A relationship with people committing bombings in Saudi Arabia. They tenured me. They made me very tire-d regarding these people those people who were in Saudi Arabia. They used to call me the ?commander of the sea". The used to call me the ?commander of? the Gulf". He was in charge of the people there. When everything happened in Saudi Arabia or whenever explosions occurred. 'i?hey use to tell me what relation do i have with those things and they used to torture me. And i have nothing to do with these things. Five years they weren?t able to get anything from me. i don't know. Like now to admit what. Yes, I know those people. i know a lot of people in Saudi Arabia who do not want a military presence in Saudi Arabia. The}; will move against you in a natural way. i know some people in Saudi Arabia who I have helped ?nancially. Some ol'thcm to get married and some of them to do other stuff. But l?m not responsible if they take the money it i 001 5 Enclosure (3) Page 22 of 39 W- (W ?i NatSecAct 'l i) 3) NatSecAct TRANSLATOR: FR l.)liN (W1 NatSecAct and they go and light or do something else. Number six. Usama bin Laden having a nuclear bomb. the stuff in year l'nod ti) eat and the pressure of you body used to go up and down. Then they used to laugh. then they tried to tell me you need to admit to these So I use-d to invent some of the stuff for them to say Usama bin laden had a. had a bomb. And they use to laugh and they were very happy. They were extremely happy because ofthis news. Then after that i told them. listen. lie has no bomb. After a month of playing games and doing this and that. millet-steed at one time [talk to tlilad. We were walking in the street. 1 was joking with him and I told him we had nuclear missiles or bombs and to hit the Americans. Like. in the movies, like in a movies that contain talk about the nuclear weapons. 'l'hev play with things. They might have some. some kind of little informatiun. They torture you and they make you tired. And they 11.81210 give you the impression that they knew something and they want you to admit to it. So when you used to he to them, they used to get very hard, they use to get happy. One time Multhtat' told me about a point which is, which is not listed here. General talk. Maybe we should ?nd somehndy t9 kill him and get rid of him. So I used tn say okay. Du. do whatever you want. 1 was traveling during that time. So they Spent about two months torturing because of this point. I really didn?t understand what they were getting at. They want you to admit that you are planning General Still? that everybody was talking about. use to take a ride in a tax: cab. And he use to say that it was important for the Americans to leave. And if i ?nd an American 1 will hit them with my car. Everybody Was angry at the Americans. Why are they coming? So what meant by that is they take some little simpie point and they take it. as evidence. {353nm bin Laden having a nuclear bomb 'I?hat?sjust a story. i told. them ?ne time that .l was in of?ce with Usama bin Laden and I went to bathroom of Usania bin laden. Then a?er that Usama bin Laden came and he was with Aim Hal's. And they were talking about the subiCCt and heard them. So i told them. So i told you this stuff to make you happy They really happy because 1 told them this story. After that i told them it was just basically a story. And regarding point seven 21 plan to hijack a plane to crash it into a ship. They also tired me out and hit me. Because one time i went and I rented a plane for leisure. 30 was forced to tell them listen I took that plant: or i leased that plane to expictie it inte ship. They didn?t even know that was lying. They went very happy. Things like that. Atright. 1 only have one more question regarding these treatment issues. ABOVE). There is mention of. somewhere in your statement. I believe about the Yemenis torturing Al Badawi. 1514. #10015 Enclosure (3) Page 23 of 39 (mm NatSecAct 15wL??l 6451000197 (W1 (W3) N'atSecAct TRANSLATOR: OF ABOVE). Du you have any direct knowledge of that? TRANSLATOR: OI: ABOVE). DETAWEE (through translator): I do not have direct informalion. Bu! the prisoners tell me another. So we receive the news in Pakistan or Ofcourse they hit him and tortured him. 1 said they did it. They-actually hi: 3 person and killed him without. any mun And they hit Romebody with a rod on his head. And they threw wath on him. And a?cr three days he died. And Gm: them Mi-hdar 'lhey shot him. And even his bady they did not 11:1me it to his family. PRESIDENT: But you only reenive infer-maxim about Al Badawi from 0mm. 13 that current? (TRANSLATION 0F ABOVE). (mm-ugh translatur): Yes. People say this and that. ls than: anything else you would like [u add or tell the Tnbunal abuul your treatment or what you may have said following it? TRANSLATQR: Oi: ABOVE). DETAINEE (thmugh transiamr}: No, I ha vc nothing else :0 say. That is traough. PRESIDENT: What you have. told us will be included in the record of Mesa proceeding. TRANSLATDR: OF ABOVE). l?walDlEiN'l': And will be regional for investigation that may be appropriate. ABOVE). PRESIDENT: We will also cansidcr when you have laid us. TRANSLATOR: 0F ABOVE). PRESIDENT: When we make our decisions about your combatant status. TRANSLATGR: (TRANSLATION Dl?" ABOVE). #1001 5 Enclosure (3) Page 24 ol'39 (bll?l NatSecAct 1 (W1) Na?ecAct . DETAINEE (through translator): Okay. PRESIDENT: Alright. Let?s. um. tum 10. um, questiuns at this point. Pcrsonal Representative. do you have any questicns for the Detainee? (TRANSLATION OF ABOVE). PERSONAL REPRESENTATIVE: No, sir. TRANSIATOR: 0F ABOVE). Recorder. d0 you have any questions for Detainee? TRANSIATOR: (TRANSLATION OF ABOVE). No. sir. TRANSLATOR: OF ABOVE). 'I?ribunaf Members, do you have any questions for the Detainee? 0F ABOVE). Yes. sir. Yes. sir. (TRANSLATION GF ABOVE). You may proceed. (TRANSLATION Of" ABOVE). MEMBERS: You describe a business in Yemen. with Wham? 0F ABOVE). DBTAINBE (through translator): In Yemen If:ch was a person calch Rub?i. And another person named Salman. Those peoplc died. A naturaf incident took pia-cc. And they wanted to have a in Yemen. They wanted to buy two or these beat: to use them for ?shing. So after they dicd i took the boat than was there and I took it to some brothers. ISN #10015 Enclosure (3) ?age 25 of 39 (W1) NatSecAct 6451000/99 MEMBER: TRANSI. ATOR: DETAINEE (bll 1) NatSecAcl One is called Hassan and one is called Nibras. After that I left and traveled. And are the two people who exploded the COLE ship. A: the and. Did this business have name have a name or any paper work to support it? OF ABOVE). (through translaim): No. There was 1116 beginning of having or fomiing the business. MEMBER: MEMBERS: TRANS LATOR: DETAINEE Nothing really took place Was in the preliminary stages. Why did you leave Yemen to gn to Pakistan/Afghanistan, in August {if 2000'? (TRANSLATION ABOVE). TWG months befere the USS COLE attack. You said you left Yemen to ?3,010 Afghanistw/Pakistan. Why" OF ABOVE). (through translalm): Yes. was in Yemen In be involved in a projcci. But I didn?t like the situaliim MEMBER: TRANS there and the Yemen Govammcm was looking for me. The Saudi was also lacking for me. So I left to Pakistan maybe to get married and live them. So I le? and basically had no plans of gning back. In reality whai happened after two months I was in Pakistan and the bambng of the CGLE ship tools: placa Why was ihc Yemeni govemmenl looking for yvu? (TRA NSLATEON OF mow). (through Lranslaiur): The Saudi government. They had rackets case. So they were lacking for me in MEMBER: TRANSLATOR: OBTAIN-BF, Saudi Arabia and in Yemen. 1 learn that from the young maple that they were Making for me. in Saudi Arabia and Yemen are not really a whole lot different from Saddam Hui-main. If they catch ymi, they put into a prism yuu never leave again or they kill you. 'l?hey sham you. ?llicy kill so many people. 30 best thing is for somebody to leave. Do you, ah. then travel to If so, why? OF ABOVE). ISN #10815 Enclosure (3) Page 26 0139 1) NatSecAct (bx 1) (W3) NatSecAct (through translator): Yes. 1 did I went from Pakistan to Afghanistan. was; looking for placo 10 livc MEMBER: in. But Afghanistan was recognized by the: Saudi government. 11 was an of?cial government. I heard about the bombing of the COLE when was in Afghanistan. think it occurred at noon time. And I heard basically a: midnight that the explosion took place. General infomelion only. When did you ask Al Badowl lo videotape the boar? (TRANSLATION OF (through translator): I don?t remember exactly but before 1 loll. 1 met with hum and oihc-r people who MEMBER: - TRANSLATOR: BETA 1N lit" (through translator) ("through translator): MEMBER: wanted to videotape the boat. llassan wanted to get married and he had the boat because I gave him the boot. And he rented a very nice house: and be ?xed the boat so it could he use. for tourism and thing-s like that. He said, he wanted someone 10 videotape the ham. So talk to Al Badawi about this matter and I loll. After that they had, had communications between themselves. When did you ask For forged passpons In Dubai? (TRANS LATION OF ABOVE). Because my Saudi passpon was fergcd. So i couldn?t travel under my name So I was forced to use a forged passport because I wanted to navel imodiazcly. The paSSport I had was no good. lwas looking for a passpoo to use to travel. So accidomaliy I met someone and ask lhom to look for a passpon for me. After that I never saw him again. How gid you come l0 meal Lismua bin Laden? thoughl it was pretty dif?cult to roam him. or ABOVE). it wasn?t dif?cult. All people had meelings with Usama bin Laden. Any was able to meet Usama bin Laden. That?s according to who: I know. I was either as a guest with people or ljust wont to some place I wasn?t with Usama. I rented a house and I had a car. And if I needed him I just ask {he people for him and I told that Usar-na bin Laden was a: the place. And he used. to holp all the people. How many times did you meet Usama bin Laden and did you take money from him every time? ISN #10015 Enclosure (3) Page 27 of 39 WW (13hl NatSevot TRANSLATOR: (bill) NatS-ecAct or AEGVE). I (through transiator): Many times. ldon?t remember Laden. What yeah} MEMBER: don"t remember. i don?t remember what year. Maybe 96 or 95. And during that time whenever went to Afghanistan 1 just stop by and visited him. And if I needed money i wouldjust trait trim and he. would give money to me. What was the money used for? And. how much money did you take? (TRANSLATION OF ABOVE). (through translator): Personal expenses. Many times I would give me three or four thousand MEMBER: dollars and he would give them to me. And. i use thorn at. personal expenses. When went to have a project in Yemen. i took money from him several times. i don?t know the totai amount of money. Maybe ten thousand. After that ?ve thousand. And tho second project after that. Altar the incident coded. i wanted to have a ?shing project in Pakistan and a wooden ship in Dubai. 1 also ask Usama bin Laden to support mo. There a bigger project than the one in Yemen. A lot of monoy we talk. Maybe about a halt" mi? [ion dollars. After that I used. to work ol'thi-s project under that impression that it was of?cial project. And at the end after you entered Afghanistan. 1 met Ilsama b:-n Laden in Kabul. i talk llsama bin Laden about using that ship or that boat to hit an American ship. After the many things incidonts happened. Usama bin Laden disappeared and 1 did n01 see him again. I went to Dubai and I told people to sell the ship and soil the rest i of my stuff. So we cannot continue with the fishing project and wo cannot. continue also with the military projecr either. So the project ended, So the bottom line is that .i took money from {mama bin moan for a ?shing project. I was undcr the that the project was mine. Ami it was a ?shing project. I didn?t care about Usama bin laden. if the project succeeded, i would have paid . money back to Usama bin Laden. That's it. i understand it as being a loan. But when hit told me that we could use this for bombing something. When 1 went to Dubai. 1 dissolved the project. i took the money from the people. Many of the people whom I knew they needed money. i gave them money. 50 hcipcd a lot of people. if anybody want to get married! give them Monty something. And things like that until the money ?nished. Possibly a half miilion dollars 1 gave away. That?s what happened. When you were in Afghanistan, did You ever train at any at Qaida camps such as Khald or Al Farook? #10015 Enclosure (3) Page 28 oi'39 li? (W) NatSecAct i. 1 NatSecAct E. TRANSLATOR: (TRANSLATION OF ABOVE). DETAINEF. (through transiator): No, no. I was never trainod. MEMBER: When you met Usama bin Laden. Did you swear alicg?ancc to him or al Qaida?? TRANSLATOR: (TRANSLATEON ABOVE). UHTAWEE (through translator): No. I didn?t take the pledge of allegiance to Usama bin Laden. imiectcd this subject. The way he does it. I did not support them one. percent. Well. I told this to the people when I was tortured. MEMBER: You mention before that yott obtained cxpiosivcs. Can you oxpiain to the Tribunal how the explosives are related to the ?shing industry? TIMNSLATOR: (TRANSIATION OF ABOVE), RF. (through translator): No. it?s not related to it. This one subject and the other thing is another subject. Buy and weapon in Yemen is a common thing. uh?i is basica?y a ?sherman. And. Rubcharge of the ?shing industry over there. And the ?shing project. His father is a very rich man in Yemen. So ht: wanted me to bring him semi; explosives to be used in digging wolis in Yemen. So i hoiped him on the subject. But that is isoiatco from the other thing. But during the investigation they used. to ask me a iot about this So they used to ask him. Are you involved in the expfosions? I used to say yes. They may have misunderstood what i said. But I have not soon any explosives with the people in Aden. How they were able to obtain the exploswos, that?s a different subjoot. How do you oxpiain how you have so many roiationships with business associates in Yemen. Dubai. and Saudi Arabia. who have been invoived in some form of terrorism? (TRANSLATION 0F ABOVE). RETAINER (through Iransiator): it?s a common thing. We are young men. 1 travel a lot. Pakistan. Saudi Arabia, Chechnya. I used to go to the battle ?uids. And witness how the ?ghts were taking piace. And i met so many peophe. And many incidents were related to those: people. But that doesn't mean that I was involved with them. ISM #10015 Enclosure (3) Page 29 of 39 (W1 NatSecAct MEMBER: OBTAIN BE: MEMBER: MEMBER: TRANSLATOR: TRANSLATOR: MEMBER: TRANSLATOR: (bl?l NatSecAct How doc-s. i?m just wondering. how does a fisherman trawl to so many countries in the middle east? You said, you been to Yemen. UAR. Saudi Arabia. Dubai, Afghanistan. Pakisian, Chechnya. Who funded those Hips? Was it funded from your business? i did not go to all those place in one day. Those travels ?.sccurrod over (in: period of ?ve years. travel for about two morith then i went back. Then 1 Spam another two months in another locaiion. Then i went back. I was Saudi Arabia as a merchant. was the youngest millionaire in the world, i was a millionaire when was even years old. i was the number one merchant. So had money and was traveling. But when traveled and the incident of the rockets in Saudi Arabia took place. That?s the incident that made me leave and never go back. That incident made me go to Afghanistan and look for things. 1 don?t Want to go to Saudi Arabia and Yemen a?d be in prison for twenty years. Do you. [lnaudiblo Momhors speaking at the same time.) Sorry. Do you know Khalid Bin Attash?? If so. liow?l OF ABOVE). Repeat the name? Please. Do you know KhaI-ad Bin Aliash? if so. how? OF ABOVE). (through lrmislator): i met him Afghanistan. the regular guy who wan; Jihodisl. lie was with MEMBER: Usama hin Laden. one more question. Do you consider yourself an enemy combatant again-st the United States or our coalition partners? OF (through translator): .1 mean. ldon?t know. The loan cocmy combatant is wide. ll?sa big thing. if you think that anybody who wants me Americans to get out of the Gull" as your enemy. then you will catch about 10 million peoples in Saudi Arabia, that have some opinion. That will m.can.tha1 I am one of ihos-c people. Why do you interfere in the Guif with all your Weapims'? That?s my opinion and the Opinion of everybody else in the Gulf. The people are asking by force for tho people to ioave #100! 5 Enclosure Page 30 of 39 NatS-ecAct MEMBER. PRESIDENT: MEMBER: MEMBER: DFTAINEE (bl-(l (bus) NalSecAct their land. i mean if you think that anybody who has this opinion is an enemy combatant, then I don?t what to say. But anything other khan that. l?m not the enemy of anybody. Why I am I no: ?ghting the Chinese. 7 don?t think of those people :13 my enemy. liven you, the Amcricans. I don?t consider you as my enemy. You art: people like other people; the French, the Chinese. They are all people. All people are equal. All people have right lo live. Nobody has the right to send military to other countries. 80 when you ask me if i?m an enemy combatant, I don?t think of myself as an enemy to anybody. That?s a legal right for anybody to express his opinion. And i believe the Americans should loave the arm. Leave people. let people live ihoir lives and let them live choir future. We do not, we do not have a Saddam. Somobody like Saddam in thr: Gulf. We need to get rid of people who are lilo: Saddam in the Gulf. And let the people live Iholr lives. Your polio-y is wrong. You come and support these governments. So the people am: very angry at you. i have no idea how you classify us as enemy combatants. don?t understand that. do not think of myself as an enemy to anybody. i see all peepic lo be equal. Anybody who comes to my land, I will ask them to leave. Why are you coming here with your Army? There are businessos there between And {boy deal wilh each other. That?s what moan. So ldon?t know how you classify people as enemy combatants. How do you classi?- peoplc as your enemy? And people not your enemy. What do you base that? 90 you call anybody who ask you to leave from the 0qu as an enemy combalam?? Your enemy. Everybody in the worlc?l is telling you to leave. Everybody in the world is asking you to leave. N01 only the people in the Gulf. And? 1 think that is a legal right that the poo-pie have. "lion?s what I mean by that. "No more questions. 'l'hank you. Member? Could you clarify your relationship with Al-Owhali'? OF ABOVE). Ah. Mohammad Rashid Daoud ALOwhali. (through translator): Yes. This is the guy who was in Nairobi. This is the gm who was caught in MEMBER: DETAINEE Nairobi. ls this 1hr: person you are l-alking about? Yes. ll 001 5 Enclosure Page 31 of 39 (W0 NatSe?cAct 1 Eli-164510001105 (through translator); This person i oniy met in Afghanistan. They said ma: I met this individual in MEMBER: (through transiawr): BETA NEE (through EMBER: FOR: (through iransiator): (W 1 NatSecAct Yemen and helpcd him get a passpon. They been torturing me for the last ?ve years and they forc? me to admil to that. I don't know anything. I 'havan?t seen ihis person. i may haw: met him accidemaiiy. But I have no relation with this individual, I don?t know him. Even his nickname, .l ham: no idea what he was tailed. And when the bombings in Nairobi and Dara AI Salem 100k place.. I knew that he was involved in those bombing from the media, from the news. liven my cousin, he was also involved in those bombingn. And I learned that he was involved. But I didn?t know it originaiiy. 'i?hal?s 1hr reason why my name came up wi?i these incidents. In his Lestimnny he refers to you by {he nickname of Bilal. Is that a name to you? OF ABOVE). Yes. i had the name Biiaf. But there are many ether penpic, other than mt: who are also name Biial. Bu: Ainowha? claims that i help him get a passport. And I have no idea: how that thing happened. The prabicm is I don?t even remember him. And I wish i had the chance 10 speak with and ask him how he claims that. I have no idea where he brOUght this stuff from. Were you aware of Usama bin Ladtn?s dcciaration at" war against United States when you ?rst me: with him? OF ABOVE). Which (me are you talking about? Usama bin Laden declaration of war. Which one are you talking about? I can?l remember the speci?c time. It was around 1993. OF ABOVE). I 6011?: remember that. A: that time I didn?t even know 'l..fsama bin Laden. 1 m-ci Usama bin Laden accidentaiiy in 1996 or 1997 in Afghanistan. I have no reiationship with him. i 001 5 (3) Page 32 01?39 (W1) NatSecAct MEMBER: TRANSIATOR: DETAENEE (W1) NatS-ecAct In your meetings with him were there ever discussions just ihe one business den! when: he said the boat might be used for purposes. Did you have any other discussiens along those iinm? OF ABOVE). (through translatcr): Are you talking about the boat used in the COLE bombing? Yes. ihad a fishing MEMBER: TRANSLATOR: DETAINEE project in Dubai and ?shing project in Yemen. And Usama bin laden not say anything about a war incident. We wok money from IJs-uma bin Laden fur ?shing incident, fer ?shing prqicct. Then i left the travei, 1 ic? the peogle and I have no idea what they did at?tenvards. Even Usama bin Laden didn?t know anything about COLE bombing. Because, 1 was in Afghanistan when the teak place. And he himseif was even surprised because he learned ufthe incident at midnight. But he bene?ted from the incidcm. But he didn't know the detaiI-s. Obtaining exPiosivcs in Yemen is very simple. In two days you can buy weapons in Yemen. i?ul them on beat and make it expiode. So I never talk to [Ssama bin Laden. about this Evan about thx: projecz in Dubai. Soon after yam went into Afghanistan. He mid me that we wuld use this ship in a incident And hi: told there was another individual possibly an Egyptian man. That individual might give you explosives. So 1 mid him yeah. yeah maybe. Mien i went to Dubai, I ended the wimie project. There was naming. Did your travels ever take you to hechnya?? (TRANSLATION OF ABOVE) Yes. [wenth Chechnya. Whentheincidcnis exactly MEMBER: TRANSLATOR: DETAINEE what year. l?nssibiy, maybe 1994 or 1995. Right after when. the Russian interfered in (Thechnya. We went there as part of an Aid Group. Saudi Arabia was a person named Habit). He was ?ne one who established that agency. 30 we stayed there One winter and. we ie?. That?s what happened. V011 said. you had not been to Bosnia. is that correct? (TRANSLATION OF ABOVE). I (through transIator): I have never been in Bosnia. Never. MEMBER: That's all i have. sir. #10015 Enclosure (3) Page 33 of 39 (W1) NatSeCAct (mm NatSecAct Alright. FREEDENIY When you were with Usama bin Laden in Afghanistan. TRANSLATOR: 01" Had the war begun at that time? TRANSLATOR: (TRANSLATION OF ABOVE). HEY-AIMEE (through translator): What war is "that? PRESIDENT: When the United States entered into Afghanistan? TRANSLATOR: (TRANSLATION Oi? ABOVE). DETATNEE (through translator): After the COLE bombing in nineteen, ninety. I use to go many times from Pakistan to Afghanistan and from Afghanismn to Pakistan. 1 had a friend named Bad?r in Pakistan. 56 we had a ?shing project in Pakistan 80 when i used to go to Afghanistan sometimss I used to meet Usama bin Laden. So you had. 59 you were with him in Afghanistan in Ian: 2001 and into 2002'? (TRANSLATION 0i: ABOVE). (through translator): i don?t remember exact date. But I rcmember when the war started. When you went into Afghanistan, when you interfered in Afghanistan. I was in Kabul during that time. Andi saw Usama bin Laden during that time. PRESIDENT: Were you, ah. Did you have a wettan when yuu were if: Afghanistan'.? 017 ABOVE-Z). {through translator): In Afghanistan had weapons. I rented house and i was sitting there. I met him there like you meet other pcuple. On that day that?s when he told me that he tot-d me we ccuid use the ship. 'i?hey were planning to use for a ?shing project and use it in a militaty incident. After that i never saw him again. I haw: no idea were he is. After that I traveled Pakistan, after that! went to Dubai. The project dissolve-d. 11%] it 5 [Enclosure (3) Page 34 of 39 (W1 NatSecAct 1 645100011 08 NatSecAct You told us that at a very young age you had the good fortune of boing a millionaire. OF ABOVE). DETAINEE through Yes I was a merchant. Mecca is a mercham?s town. So i was a merchant. Why then would have the need to take so much money from Usamo bin Laden? TRANSLATOR: (TRANSLATION 0F ABOVE). DETAINEE. through translator): I was millionaire when I was in Saudi Arabia. As a moraham I use to have a business and use to said}? at the same time. But since the time somebody smuggled rockets into Saudi Arabia. 1 io? Saudi Arabia I tried .to open a project in Yemen or in Pakistan. That?s why I had the oppommuy to ask Usama bin Laden to help me and in suppon me in my projoci. And no helps all people. PRESIDENT: Would he give you US cunency? TRANSLATOR: (TRANSLATION 0F ABOVE). (through translator): Yos. Dollars. PRESIDENT: Honors. PRESEDENT: Alright. PRESIDENT: Thank you for your statement. TRANSLATOR: OF ABOVE). CALLING 0F WETNESS-FZS PRESIDENT: We will now allow for the calling of wanes-sea. All Winn-3365 called before this Tribunal may be questioned by the Detainee. the Personal Representative, the Recorder, and the 'l?ribunal Members. OF ABOVE). Does the Recorder have any witnesses to present? ISN #10015 Enclosure (3.) Page 35 of 39 (W1) NatSecAct RECORDER: TRANS LATOR: PRESIDENT: PRESIDENT: TRANSLATOR: (bx1 NatSecAct OF ABOVE). NU, sir. I 0F ABOVE). 1 note from the Detainee Election Fan the Elk-mince did not request any witnesses or evidence. 0F ABOVE). Nashiri.tl1is concludes the presentation (If unciassi?ed informaticn. In the 'l?ribunai. We are about to canclude {he unclassi?ed pomon of the hearing. Do you. wish to now make: any ?nai statement to the ?I?ribunak? (TRANSLATION or ABOVE). (through transiator): I have nothing eisc :0 say but regarding the wimesscs. if you want you can bring PRESIDENT: PRESIDENT: TRANSLATOR: PRESIDENT: PRESIDENT: RANSLATOR: DETAINEE the Al?tha? and wouid like :0 know Haw he?s. be $25 abie to say what he is claiming? That?s the uniy {hing I?m asking. I don?t know. where he, whiz-rt: he obtained his stuff. I'm going to take the Detainec?s statement as a request {m a witness at this point. That request is not timely. (TRANSLATION OF ABOVE). If the Tribunal determines it needs additional information. 0F ABOVE). We wil} notify the Detainee and obtain that :?nformatian. OF ABOVE). Do you have anything further :0 say? (TRANSLATION OF ABOVE). (through translator): Thank you. i SN #10015 Enclosure (3) Page 36 of 39 (mm NatSe-cAct 10 PER SONAL (bx 1) NatSevot GETMNEE QUESTION 8- ANSWER Does the Personal Representative have any questions for the Detainee based on his statement? REPRESENTATIVE: No, Sir. PRESIDENT: RECDRDER: PRESIDENT: MEMBERS-2 PRESIDENT: PRES TR TRANSLATOR: TRANSLATOR: PRESIDENT. PRESIDENT: Does the Recorder have any questions for the Dctainoo? Nu, Sir. Do either of the To banal members wish to question the Detainee? No. sir. Nothing further. sir. Airight. SESSION Ail unoiassi?c-d evidence having been provided to the Tribunal, this otmciudes the open tribunai session. (TRANSLATION 0F ABOVE). AI Nashiri. you shall be noti?ed of the 'l?ribunai decision upon oompiction of the review of these proceed by the Combatant Status Review. Tribunal convening authority in Washington. RC. - (TRANSLATION OF ABOVE). [f the 'I?ribonai determines that you should not be classi?ed as an enemy combatant, you wiil be roioased to your home country as soon as can be made. or: ABOVE). If, iwwevcr. the Tribunal determines your ciassi?cation as an enemy combatant. you may be eligible for an Administrative Review Board hearing at a future date. OF ABOVE). 'lho Administrative Review Board wit! make an assessmt-nt of whether there is continued reason to believe, that you pose a threat to the United States or its ISM #10015 Enclosure (3) Page 37 of 39 (bit 1) NatSecAct TRANSIATOR: PRESIDENT. PRESIDENT: RECORDER: (W1) NatSeCAct partners in Ihc ongoing anned can?im against terrorist organizations such as al Qaeda and its af?lia?es and supporters ur whether there are other factors bearing upnn the need for continued detention. OF ABOVE) You will have the Opportunity to be heard and to presem relevant information In the Administrative Review Board. You can prcsem infamxa?on from your famin and friends that might help you an that Board. You are encouraged. to contact them as man as passible to begin in gather infomaiion that may help yen. OF A of?cer will be assigned ai a later date to assist you in the Administrative Review Board process. (T1MNSI.ATION 02" ABOVE). ADJOURN mgusasszou The open session 01' this Tribuna} hearing is adjourned. OF The time is ?024 on 14 March 200?. AH Rise. Off the Record. [The 'l'ribunal withdrew from the hearing room] #10015 Enclesme 3) ?age 38 of 39 1,3 (W1) NatSecAct 12 (W1 .) (23x3) NatS-ecAct k. i certify the material contained in this transcript is a true and accurate verbatim rendering of the testimony and English language translation of Detaincc"s words given during the open session of the Combatant Status Review Tribunal of XSN 10015. (W3) (W5) I. JAGC USN ?I?ribunrd President #10015 (3) Page 39 of 39 1' NatSecAct 15*Lw1645100Dl113 (MG) NatSecAct Verbatim Tran-script of Combatant Slams Review Tribggal Hearigg for 10816 RECORDER: RECORDER: PRESIDENT: RECORDER: REPORTER: 095mm This hearing shall come to order. This Tribunal is being conducted a! 1334 hours on 27 Mam} 2007 on board US. Naval Base Guantanamo Bay. Cuba. The following, personnel are present: Colonel lame) IUnited Slates Air Force, l?residem, Lieutenant Colonel (-bll?l . United States Air Force, Member. Licutcnant Common or (WE) .. United States -- Commander Ilbll?l Unite-d States Navy. Member. Lieutenant United States Air Force, Personal Representative, Language Analysl', Scrgoant First Class Licutem lo - Colonel (W03) nitcd Slates Army, Roporloi, liniled States Army, Recorder, is the Judge Advocate member of the Tribunal. OATH SESSWN ?i All rise. Standby. we?ll correct rocord on that. Lieutenant Colonel (5X6) (blls) is the Judge Advocate membor of this ribun-al. Recorder. you may proceed. All riso? The Recorder will be sworn. Do you, Lieutenant Colonel swear or af?rm. that you will faithfully porform duties as Recorder assigned in this Tribunal so help you God? i do. The Reporter will now bl: sworn. The Records: Wall administer the oath. Do you. Sergeant First Class 630(3) swear ur af?rm [hat you will faithfully dischargc your duties as cportor assigned in this Tribunal so help you ?nd? i do. Language Analysi. 'l'mnslasor. and Linguist are used interchangeably 11 tool-6 Enclosure Page 1 of 30 mm; (W 1) NatSecAct RH TURDFR: PRESIDENT PRESIDENT: l'bll 1] {blf 3i NatSecAet CONVENM The Translator will be sworn. Do you swear or af?rm that you will faithfully pertorm the duties of 'l'ranslatnr in the ease now in hearing. so help you trod? do We will take a brief recess while the is brought into the morn. The time is 1336 hours on Maneh 27"? Ztl?'l'. This i'ribunal is now in recess The Tribunal members leave the room] lete l?tihunal members reenter the room at .l All ttse. This hearing will come to order. We may" we max be seated. Good a?emumn. Before we begin. I understand that you speak and understand English. is that eorrect'.? have dif?culty new" to speak-- yes. lAiso acknowledged by an up and down head movement I understand; we will conduct this hearing in lunglteh then. ll'ynu do not understand something said here today. I encourage you to ask me For a translatittn at any time. ill Linguist is present for purpose. Also the Linguist is available to assist you in communicating with Us. Also] l'ta?t'e been in?inned that you have some physical health renditions. Ht:th we continue. I want to know if you tool you are able lt- participate With us today. We will he here for about an hour. Yes. {Also by an up and down head movement.i like}: very well. It you need a hrealt or time to l?li.? care of yourself in any wav, please let me know at any time This 'l'rihunal is converted by order of the Director. Combatant Status Reine-w 'lrihttnitle under the provisions of his tlrticr dated 12 l-ehmaty 'Ihis Tribunal will ietemtine whether IA YN AlillH?N? MUHAMMAD HIJSAYN meets the criteria to he desngnated as an enemy combatant against the linited States or its coalition partners or otherwise meets the criteria to be designated as an enemy combatant. Communication interruption ISN ll Enclosure Page 2 uf 'l'll lbli 1) NatSecAct 15 MEMBERS. Rhti?i'lRlJIiR' PERSUNAI. REF T: PRESIDENT (hit 1 (hi0) NatSeoAct the oftltis 'l?ribunul shall now be sworn. J'tll rise. Do you swear or af?rm that you will faithfully perturm your duties as a member of this 'I'ribunal: that you will impartially examine and inquire into the matter now before you according to your conscience. and the laws and regulations provided: that you will make such ?ndings of fact and conclusions as are supported by the evidence presented: that in determming those fans. you will use your professional knowlee rte. best Judgment, and eorrtmort sense; and that you will make such ?ndings as are appropriate according to the best of your understanding of the rules. regulations. and laws governing this proceeding, and guided by your concept of josttee so help you tind'.I I do ?I'he Recorder will now administer the oath to the Personal Representative. Iln you swear or af?rm that you will faithfully the duties of Personal Representative in this Tribunal. so help you tiod" I do Please be seated l'he Recorder. the Reporter and 'I'ranslator have been previously sworn. EXPLANATION OF PBQCEEDINGS ZAYN .r?tl. AHIDIN MUHAMMAD HUSAYN. yrit are hereby advised the Iiillowing applies during this hearing. You may be present in all open sessions ofthe Tribunal: however. if you become disorderly. you will he removed from the hearing, and the 'l'ti'ounal will continue to hear evidence in your absence. You may not be compelled to test fy at this Tribunal; however. you may testify if you wish to do so. Your tesumony can be under oath or unsworrt. You may have the assistancre of a Personal Representative at the hearing. Your assigned Personal Representative is presem. You may present evidence to this Tribunal. including the test :muny of witnesses who are reasonably available and whose testimony is relevant to this hearing You may question Witnesses testifying at the Tribunal. You may examine or statements offered into evidence othe' than classi?ed information. However. certain dttettntenls may be .?Iartlully masked for security rea50ns. 31A 't'N AL MUEIAMM 'tl) HIJSAYN. do you understand this process? ISM t?tllo lint. Insure Page 3 of sameness (bill) {built} NatSecAct 15-L-1 6451000? 16 DETAINEE: NatSevot 1 do. Thank you. Do you have any quoations concomng this Tribunal process? No questions. 9F UNCLASSIFIED PERSONAL REP: PRESIDENT: PRESIDENT: RECORDER: RECORDER: No, I understand. Personal Representaiive, please orovirlr: the 'l'rihonal with the Detainee Election l-?orm. I am handing the Tribunal the Detainee Election Form, which was previously marked as Exhibit D~a. The Detainee Election form notes that you want to participate in the Tribunal and wants the assistance of the Personal Representative. 1: also includes some Pormnal Representative comments regarding meetings and other matters. 'l'hanlr you. RECORDER PRESENTS Recorder. please provide the 'l?ribunal with the unclassi?ed evidence. I am handing the Tribunal what has previously been marked as Exhibit lit-l. the Uri-classi?ed Summary of the Evidence that relates to this nominee?s status as an enemy combalan?t. A translated copy of this exhibit was provided to the Personal Ro-prcsentuliwuRoprosontallve in advance of this hearing for presentation to the ?amingo. In addition, om handing to the 'l?rl?oimal the following unclassi?ed exhibit marked as Exhibit R-2. A copy of this l-ix?hibit had previously boon provided to the: Personal Representative. Rocorclor. please read tho Unclassified Summary o: Evidence for the record. Below you pr-oCccd. Rocorder, ZAYN ABIEIN. EXCUSE me, ZA YN AL ABIDIN MUHAMMAD lot me remind you that irhuoot to comment on this unclassi?ed summary at this time You will be provided an opportunity shortly to provide comments. Recorder. please proceed. 'l?hc- following facrs support the dotcrmination that the Detainee is an enemy combatant: Paragraph 3. On 6 April 2001.21 fodcraf jury in Les Angolcs. California found Algerian. national AHMED RESSAM guilty on nine counts of terrorism and other felony charges llor what prosecutors said was his plan to bomb New Year?s 2008 celebrations in the United States. RESSAM was arrested in Port Washington, on 14 December 199?). after crossing the Canadian-United States border with a car allegedly loaded ll)le Enclosure (3) . Page ?3 of 30 NatSecAct 17 (MN) (MW NatSecAct with within?making material. Paragraph h. RESSAM stat-ed he attempted to enter the United States at Part Angelcs. Washington, an 14 December 1999, for the purphse ufpiacing an expiugive device at the 1.05 Angela-s international Airport. RESSAM stated he studied for the operation in April 1998, while training at the training, camp near Al?ghanismn. Trainers at Khaldcn training camp indicated that viabic targets included United States warships. haw-ls holding chnferences of VIPs, barracks 9f United States military persenhei. commercial and economic targets, pencil-cum targets. and infomatidn technoldgy centers. RESSAM stated Khaidcn training camp was one of many camps uperated by the Detainee. Paragraph c. AHMED RESSAM stated the Detainee was the Emir oiithc Khaiden and Derunta training camps in Afghanistan, and did mt have to report to anyone above him. The Detainee was an assanintc hf USAMA BIN LADIEN. equai to and not subordinate k} USAMA BIN LADEN. The Detainee coordinated and choperatcd with USAMA BIN in the conduct hl' training and trainee mercments between their camps. and every Islamic extremist grouh present at Khalden training camp had a direct reiatihnship with USAMA BIN LADFN. The Detainee camsponded with USAMA BIN LADEN mustiy through writing and sending letters. Paragraph d. A Federal Bureau at" Investigation source stated the Detainee traveiad to Saudi Arabia in 19% and tia??p??ed ($0.000 United States duliars to USAMA BIN LADEN. The source transported 30.000 to 35,000 United States dollars an eight Occasions within and between Afghaniswh and Pakistan for the Detainee. Paragraph c. AHMED RESSAM stated the Detainee was: the facilitator ol?terrorist attack operations and that the Detainee: knew about opewtion. aithotigh nut strati?catin the date and exact target. Paragraph f. The Detainee made a diary entry in 200.0 in which he described plans against America consisting til?explosions and the burning uf cities and farms. Paragraph IMED RESSAM stated the Detainee wrote a letter in 1993 authdrizing RESSAM to take cxpiusives manufacturing training at tht: training camp in Afghanistan. Paragraph h. AHMED RESSAM stated that in December 1998 the Detainee wanted RESSAM tr) acquire fraudulently-obtained Canadian passports in order for the Detainee and a team of five other individuals to enter the United Stat-cs to possibly bomb swam] cities. Paragraph i. The Detainee made a diary entry in 2001 in which he stated within days of the attacks hf cicv?- uf ll September 2001 ht: was preparing for coir-uteruattacks. Tim Detainee stated he was working within a military and security plan that. USAMA BIN devised in anticiptrticn of an American military actitm by buying and storing weapons and anning individuals as wall as preparing defenswe lines and piamting ambushus. Paragraph j. The Detainee made a diary entry in 2002 in which he stated he wage war against the United States. The Detainee stated he would us-c several dimensiuns such as immigrating racial wars. timed it lDOib Encihsure (3) Page 5 oi?30 Wi (blti NatSecAct 18 PERSONAL REP: {bill (bltl?ll NatSecAct explosive attacks. attacking gas Stations and fuel tricks. and starting timed tires. Paragraph The Detainee was captured on 23 March 2002 during a raid ofa safe house. Gun?re was exchanged during. the raid and the Detainee received gunshot wounds. Sir. this concludes the summary of [unlclassitied evidence. Personal Representative. does the Detainee have any. evidence to present to tribunal? Yes. Sir. I am handing the 'l ribunal the following if?lCl?ESi?Cd exhibits marked as Exhibits D-h through l'l-d Very ell. At this point in the ?l'ribonal l'd like to tddl?ESS some other requests for evidence that you had made previously t'l'rn February was inlonned by your Personal Representative that you requested the production of three documents. the ?rst document was a draft two-page article you wrote to eduoatc Moiahidcen and set forth a doctrine of defensive jihad as opposed to conducting offensive tihad. From the request that I reueived. you believe the article would support your position that your actions were defensive in nature ind not hostile acts against the iniled States or its coalition panners. 1 found the evidence requested not relevant to the issues regarding yoUr capture and combatant status. Speci?cally. the definition ofan enemy combatant does not distinguish between offensive or defensive actions. The dc?n--the de?nition states. in pan. that an enemy combatant was pan of or supporting alihan or al Qaida forces. or associated forces. What role. offensive or defensive. the individual had in the force is not relevant. Only the fact that the person was a pan of the enemy force is relevant. 'l'herefore have dent-- denied your request for this draft article. Your sect Ind document requested was an email you sent to SI lfill?l :11. an Islamic Scholar. The email asked iflhe September lith strike on the United?- excuse me. on the World rade Center was correct in permissible. From the evidence request that I received. you believe this email will indicate that you do not believe it is permissible to kill innocent eivinans forjihad. I found this evidence request also not relevant to the issues regarding your capture and combatant status. Again. the de?nition ofan enemy combatant used by the Tribunal does not take into account the Individuals personal beliefs regarding valid or invalid targets. The 'l'ribunal will determine, from the evidence provided if you were ofor supportini' specific forces that are engaged hostilities agatnst the United States or 1h coalition partners. if you were a part of or supported this encnt force. y-'-ur personal beliel as to which targets the enemy three attacks is not relevat I to our determination of your status. therefore. I have denied your request 'or this email- Your third and ?nal request ol'evtdenee was your personal diary. From the evidence ISN mote Enclosure Page 6 an? menses (blt 1} tb){3l NalSeeAct 15-L-1645IDODI1 19 RECORDER: PRESIDENT RECORDER: FRESIDENT: RECGRDER: (W1) - (W3) NatSevot request I reCeived. again, from your Personal Representative, you believe the statements in the Summary of Evidence document that you provided that excuse me, that you were provided are a misrepresentation of what you actually wrote in your diary. 1 reviewed the Summary of Evidence document and noted that there were at least three items listed which speci?cally cited your diary as the source of the information. Each of these items referenced operational plans and actions which were associated with enemy forces of particular interest to this Tribunal. It would be helpful to the Tribunal to review the source document of these statements and hear your representation of what you wrote in your diary. I therefore lbund your diary request relevant. On February i ordered the production of your diary. As of today, the government has produced portions of your diary. ?l'heso have been provided to your Personal Representative to prepare for the Tribunal?s hearing, today. i understand your statements provided today or the evidence previously provided will refer and pmwde us some of those diary entries for us to consider. I do need to address one additional matter regarding your diary. 'l?h-erc- are two additional relevant volumes of your diary in US. Government custody: volumes ?Ve and six. The government has made a diligent effort to produce those volumes for us today but~-; however. they have not been located. So they are not available for us during this hearing. 1 therefore ?nd that the volumes ?ve and six are not available. Given this situation, the Tribunal will consider your statements if you wish to make any. of what you believe the diary entries represent. Since the. original diary text is not available to bene?t us. here today, the Tribunal will consider weighing evidence related to your diary accordingly. Those are my rulings on the requested evidence. Does the Recorder have any other unclassified evidence to present? Mister President, I have no further unclassi?ed ewdence for the Tribunal, but 1 respectfully request a closed 'l?rihunal session at an appropriate time to present classi?ed evidence relevant to this Detaineo?s status as an enemy combatemt. Recorder, your request for a closed session is granted and will. be taken in due course. Sir. have a point of order. Please. I would also like to note that the Personal Representative has provided me copies of the Detainee exhibits and have reviewed them prior to this; Tribunal. ESN if tome Enclosure (3) Page 7 of 30 (bl-l1 NatSecAct 1 PRESIDENT .lNCzi HST: PERSONAL REP: PRESIDENT: DETMN Eli: NEE.- RECORDER: LINGUIST: PRESIDENT: (bill) NatSecAcl Very well, And thal's understood. We will now take a short reccss-- excuse me. a short break in session hon: while the Tribunal members familiarize with the unclassi?ed widenee that was recently provided to usilapproximately a ?ve minute pause] Very well. We have familiarizcd ourselves with the evidenco provided to us so far. ZAYN AL MUHAMMAD HUSAYN. you may now make an oral stazcmem to {he Tribunal and you have the assistanc-r: of yum l?erSunal Representative in doing so. Do you wish to make an oral stateroom to this 'i?ri'bunal? What did he say? [Detainee asked via the Language Analyst] DOES he: wish to make an oral slalomem at this limo? Yes. Mistcr Prosident. and correct me if I?m Wrong, 1hr: Detainee has requested that I, as his Personal Representative. road his oral siammonl. which have submitted an exhibit on the Detaioec?s behalf. Correct? [Con?rming with Dotainec.] And il?Iliat's okay Willi you. Dem-nee, we will proceed in that manner. Yes. {Also acknowledged by an up and down hood maven]ch And you nodded in the af?rmativc, that?s correct. I understand from the Detainee Election Form that you wish lo make your slatcment undor oath. is that correct? [Acknowledged by an up and clown head movomcziL] Again. nodding in tho allinnotive. In that c335. Recorder please administer the oath to the Detainee. Form of (Bath for a P?usiim Please repeal after me. in the Name of Allah, the Most Compassionate. the Most Merciful. ZAYN Al. MUHAMMAD swear by almighty God that my testimony before this Tribunal will be the trulh. [Translated in entirely to Detainee and Detainee repealed oath} Thank you. Personal Representativc, you may proL' card with the Detamec?s statement. :3 10016 Enclosure (3) Page 8 of 30 NaiSecAci (till 1) NatSecAcl QETAINEE STATEMENT PERSONAL ?l in: Detainee responds in the following subparagraphs from the Unclassi?ed Summary of Evidence with the following, key points and with the understanding that he may inlet-jest or add in hat i say. to corms: what i say: Subparagraph 3-13. ?Men: 1 would like to add some additional context For the Tribunal ?s consideration regarding the Khasdcn training camp and what I had to do with this camp. To begin with, the Khaldcn camp has been around since back when Russia was csnsidered ow enemy due to their invasion of Afghanistan. The mission cf this camp was far the purpnse of training Muslim brothers for de?ansivc ?had. Defensive jihad means that if an aggressor or invader invades Muslim lands, no mailer where. then it is every Muslim?s duty to defend Eln- land against the invader. For example. Russia against Afghanistan and Serbia against Bosnia. in the cat-K: ol'Scrbia against Bosnia. America helped us which I was thankful for, but we did not like being in tin: position of needing America's help due to our feelings Inward America due to their support for .lsrael. Another example of defendingjihad is Russia against Chechnya and. of course, Israel against Palestine. became affiliated with this training camp as a Coordinator in about 19-94 and all this. time, as well as in times prior in l994. our doctrine was to train againSI the sort of enemy invaders spoke of a moment ago. Phase note this: all this time i never once visited the camp. did my job as a Conrdinatnr out 0f Pakistan for the camp. Our doctrine was not in train against those whr; did not invade Muslim lands. Our doctrine was nut int: same as wimt USAMA BIN I. and a! Qaida were promoting, which was and is a doctrine of offensivcjihad. Our doctrine has always been in go after enemy targets, and by lhai I mean military targets. which include military members or civilians who work far or directly support the military. with the al Qaida philosophy al?targeting innocent civilians like those in the World Trade Center. In fact, i sent an email in {he Islamic Scholars after l. asking their: to clarify if killing such non-miliiary people as those in ilk: World Trade. Center and in the airplanes was permissible. if it 4:33 net allowed, I would confront SAMA BIN IADEN and al Qaida about this. The: point ofail this is than when RESSAM stated about speci?c types of targets is inaccurate in His: sense that while some of the training manuals we used to learn aboul targeting did specify types of targcis, we did not train for any speci?c target's there. Allan. these training manuals were miliiary manuals from America. Russia and other countries. My last point album. 3-b is that from about ?994 to about 2000. was pusled to a guest house in Peshawar, Pakistan and one in Islamabad. Pakistan as the leader or Emir oi?this guesthouse. was net the head of?the training camp. Hen: at these guest houses my job was to facilitate the logistics of the banners coming from their cnuntrics en route only to Klialricn. not other camps. And after they rctumed from Khaldcn. ll 10016 Enclusure (3) Page 9 of 30 NatSecAct (bill) NatSecAct my job was to send them to wherever they wanth to go. osmoially Chechnya and Bosnia. But some of the returning hrothersjust wanted to go back to their normal lives, which i also facilitated. Besides this responsibility, 1 would also send money to the Khaiden camp. But, I knew nothing about the details of the actual training at the camp. Lastly, i want to say a few things about who i would and would not facilitate training for through "my guest houses. There are three categories of Muslims that would come to us: Fundamentalist, Extremist, and Fanatical. i was always very selective about out working with the Fanatical Muslims that wanted training. such as the Algerians of the Armed Jainaat 'lslamia. in fact, the Armed Jamaat Isiamia threatened my lift: I refused to work with them. This is not to say that fanatics or mirth-in tait?ri did not deceive me in order to get training, but that could not have been aware of and i would not have knowingly supported that." Subparagraph 3-2.. ?As previously mentioned, I was not the limir of tho Kltaldon training camp. 1 was a Coordinator at two guesthouses in Pakistan in charge of some logistical matters of getting Muslim bromch to Khaldcn. SALAH AL SH-EIKH Al. mm was the Emir of Khaldcn and Dcronta training camps. it?s two. I did not have to report to anyone above me, but AL and I agreed in i997 not to accept the fanatical Algerians into Khalden. The statement that was an associate BIN LADEN is faisc. I only met him in the year 2000. l?m not his partner and I?m not a member ofal Qaida. BIN LADIEN wanted at Qaida to haw: control of Khaidan, but we refused since we had ideas. lonly started relationships with the extremist groups a?er 2690, such as ai-Jamaat islamia of Egypt, not Algeria and .lamaat til-Jihad. i never corresponded with USAMA BIN LADEN before 2000. After 2000, I visited BIN to ask for hcip to ra-open Khaldan.? Subparagraph 3-61. ?This is-not true. At this time, i was in Pakistan. as my diary shows. Also. i did not transport this money.? 34:. ?There is nothing in this paragraph that gives a date, time. and location of the operationsfacilitator on something so non?specific? in my jobs, i was a facilitator for all Muslim brothers worked with. And with and for many things. but statement has no speci?cs for rm: to respond to.? Subparagraph 3-f. ?Here. the writing in my diary about plans against America were strictly hypothetical-~th-ey were not plans that :l intended to again-st non- military targets in America or anywhere also. And even with the military targets. those were only ideas.? Subparagmph B-g "1 submitted to AL the request for AHMED training. but the decision to send him was not mine.? Subpax-agraph 3-h. Yes. excuse me. subparagrapii 342. ?Yes, I requested Al-iMli?D RESSAM to get passports. but not fake ones. i wanted live- real Canadian passports to be used for personal matters. not terrorist-related activities. Also. the passports were not for America; they were for Canada and other countries for poopie other than R1 it Enclosure I: 3 Page IU ofin (mm NatSecAct 15-Lw1 6451000? 23 PRESIDENT: DETAINEE: PRESIDENT: PERSONA l. HP: NatSecAct Subparagraph 3-i. ?Again, these are in mferencc In ideas duly, and not speci?cally relating to America, as my diary wuuld show. A?er 91'! l, I worked with a! Qaida in Afghanistan. USAMA BIN LADEN wanted. ABU 10 be responsible three cities in Afghanistan. ABU subdivided these cities. and he made .AH Al. responsible for Khowst. SALAH wamad me to be his deputy. re?jsed hacause l. had no memory and limited experience. as referenced. in my diary But volunteered to be a soldier. So, I lell for Kabul and than Kandahar. as I put in my diary" Subpaxagraph 3-j. ?These were hypothetical ideas based on what I abdm how pas: wars haw: been fought. For World War ll. ln Wurld War ll. the Allies pit 8th against Sunni for their advantage, and I wrote about this son of thing in my diary. But I believed in killing. civiliwas." Subparagraph ?Wh?m housc "was raided, we had no guns. so all we could do was 1?1ng with our hands. One of us had a. knife, and in: g0: killed. 30,1112 slaltrment that gun?re was exchanged was incorrect. 'l?he gun?re (mly came from the snldiers whe attacked nur house." Mister PresidenL that concludes the Detainee?s oral statement in response to the unalassi?cd Summary of Evidence Will] yu?ur permission would like it: read the cuvcr letter regarding 131:: diary, Volume [our speci?cally as it relates to paragraph 3-?d in the unclassi?ed Summary of Evident-u. Before you do, would like to ask the Detainee if he has anything u: add to the statement that you read cariicr. [Shook his head in a side to side motion to indicate a negmiveJ And that was a negative; shaking the head. I You may moaned, Personal Memorandum for ihe President and Members of Cumbatam Stgzus Review 'l'ribunal for mom. Subject Exhibit D?c, Part 1 all Revicw of 10016?5 Personal Diary. Volume 4. Paragraph ll Ur: l6 February 2007, 100% ll?l?cm referred to as ?the Detainee" axkcd that 5 submit the Detaincc?s personal diary tn the President and Members 01' [his Combatant Status Review Tribunal as an exhibit for the Detainee to help carrobarate his Oral Statement Exhibit D?b before the Tribunal Members. Paragraph 2. Volumes l. 2.. and 4 of the diary were reasonably available in suppurl of the Delaince?s request. Upon carc?zl rcvicw of these faur volumt?s by two US. Government Language and subsequently my personal consultation with twu 1 hereby submit to the 'l'rihunal the following canclusi-ons: Of Volumes I, 2, and 4, only Vclume 4 pertains to the Detaincc?s Oral Statemeni in response to Sub-Paragraph 3-d of the unclassi?ed Summary of Evidence. Exhibit R-l. '2 b, Volume 4 11? 10016 Enclosure (3) Page ll of3fl NalSecAct 1 PERSONAL REP: PRESIDENT: PERSONAL PERSONAL PRESIDENT: PERSONAL REP: (W3) NalSecAct contains entries which suggest that, from 1 Jamar?) l996 through IS August 1996 the thtziinee spent time in Karachi and Peshawar, Pakistan. Within these entrieg and, indeed. throughout Volume 4. this Detainee make-s no relhrencelo traveling to Saudi Arabia and transporting 600,000 United States dollar: to bin Laden, nar cities he malt: reference to having anyone transmit 30,000 to 35,000 United States dollars on the Detaincc?s behalf. Part 2 of Exhibit B4: is attached to Exhibit EM: and that is the Detainee?s vulumc 4 diary pages. which speci?cally state this: Datainec?s loc-ati?an and date he was at, during that time, And then part 3 of Exhibit 13-: is also attached and it consists of the English translations of those speci?c Volume 4 entries, which identify dates. and speci?c lacatiom the Detainee. Personal Representative, just {0 clarify, part two is: ti copy nf the Arabic version 01? the diary, just for our records. Yes, Sir. That is correct. And pan. three: is the traitslatitm previded by the (in record? 'r?cs, Sir. That is curred. Very well. Personal Representative, did you intend to read part three of your input? {-SG-l-l-n No, Sir. We have that available and we will familiarize nurselvcs with most: cniries right new. Yes, Sir. The 'I'rlbunal will take a little time to review your previous statement with regards to the Summary of Unclassi?ed Evidence: so we can put it all mgeiher for us here at this time. {Aft-er a swam! mmute pause.) ZAYN Al. ABIDIN MUHAMMAD HUSAYN, it was a very mmplete stateman regarding all parts of your unclassi?ed Summary cf? Evidence. Thank you, we just needed time to that carefully. We n'uw proceed to a peril-on of the script where we will ask questions, starting v. ith the Personal Raptuscntative. QUESTEGN MSWER Dc: yeti have any comments t0 provide" lSh. ll 10036 Enclosure (3) Page l2 o-f3l} NatSecAct PERSONAL REP: RECORDER: PRESIDENT: MEMBER: DETAFNEE: MEMBER: DETAINEE: PRESIDENT- (bll 1) NatSecAct No. Sir. Mister President. I would like to request. that the Tribunal Member's be patient given the Delainee?s dif?culty with speaking. Please be patient to any responses he. may have to your questions. We appreciate that very much and we wEll take our time. Again, ifanyono needs a comfo? break, pleaSe let me know; we?d like to proceed. Recorder, do you have any questions for the Detainee? No. Sir. And i hollow the Tribunal Panel Members do have a few questions they would like to ask. One question. in your statement you said that you contacted USA MA BIN LADEN after 2000 to reopen Khaldcn camp. Was that after 9H 1 2001 that you con-meted him? I ?rst meet with it is before (Sole. Beforc Cole. Yes, 2000. Maybe month eight? eighth month; it is. ofco-u?rse, before 11 September. I would like to ask a follow?up question. Why was the camp closed? Bin Laden try to close all camps to make all Arabs or all Muslims came thiough his camp; my comp, it was more famous. (Jo-r more people. more Moiahideon came to my side. Bin Laden he wants them to came his side to- - to put his idca. We do not give any idea, only please lake training and use it in place it?s appropriate in Islam. That time it was Chechnya; before it was Bosnia. That another places in Kashmir any place we triad to save Muslim land from attacking. BIN LADEN "have different idea. So he not request; he 1 do not know tho troll: exactly But it ix order from Taliban agains: our camp to close our camp. We tried; Taliban refuse. Tho}! say. no, only LANDEN camp stay: another camp not allowed. \th-n I visit Bin Laden. 1 request him to help me beCau-se he have men relation with Taliban. With me, I dou?t know any Taliban. All my time in Peshawar or Islamabad 1 surprised he tell me, ?It?s good lo close your camp to make all Mojahidcen in one Camp and one idea, one Emir.? understand it is his order. his idea, so he refused 10 help, to close. {0 reopen my camp. Okay. thank you. 3 wow Enclosure Page l3 of30 3) NatSecAct MEMBER: DETAINEE: LINGUIST: DETAINEE: LENGUIST: DETAINEE: LFNGUIST: DETAFNEE: MEMBER: Dli'l'Al'Nl-il'i: MEMBER: (W1) (W3) NatSecAct You said in your statement that the Khaldc-n camp has been around since back when Russia was: considered your enemy. Who is the enemy now that the trainees at the Khaldcn camp are training. aptzrations against? When we give training order, brothers in. our camp. We not put speci?c GplniO? this is: the method to af?ict the enemies lint. 30 any pursuit want to go or tn oin jihad in Russia, Chechnya, or another place that Kashmir or Philippine, alsn. we not out: speci?c enemy. And LADEN come. He say enemy is America, We should haw tow second thing in our camp. We differ-cm all method after we tell him but this allowed in Islam, this not allnwed in Islam; same killing the civilians, killing the old mans or not allowed to kill the wuman?s child the [via Linguist clergyman any. All this not allnwed to kill them during ourjiltad. Ami the-n BIN LADEN crimes in 3mm: circumstance. It?s no problem because the enemy not care. Why shall I, why shall we carts?- elixir-- clear in English? I understand. in our camp. But truth is not all of us have this idea. This is [via Linguist} This is the basis ol'our camp. But it because same penple take the training and use it. in his way of understandingjiltad. We not contra] The trainees. Because we. take train and leave; we net givc order d0 this. do not (in this, our camp. In yaur response to subparagraph 34", me raid that you had idem only in your diary Like if you believe only in attacking military targets, why were your plans to include the bunting of farm which-- and cities? which would include innocent people and non-military targets? Which number. which number? [asking the language Analyst] Paragraph 3~f is what we are referring to. Which paragraph? [Personal Representative and Member both speakinglm H1915 Enclosure (3) . Page of 30 NatSecAct PERSONAL REP: PRESIDENT: LINGUIST: PRESISENT: Lllri?l'AlNliili: P'RliSl DENT: DETAIN PRESIDENT: DETAINEE: (le NalSecAcl Can go ahead and read paragraph chIaineu. Language Analyst Speaking at same time] And for the Translator, please read in Arabic. para-graph 3-f. In English it is, the Detainee. made a diary entry in 2000 in which ll describe-d. plans against Amerita consisting of explosions and the burning of cities and farmsorder; l?mjusl ?nding it. Please lake. your lime. Shall I respond? Pleasc. in we talk about farm here. [Speaking with language. Analyst.l Well, in your statement regarding 34', you said. ?here the writing in my diary about plans against America were strictly hypothetical. They were: not plans that I intended to execute againsr non-military targets in America or anywhere else. And even with military targets, these wen: only ideas.? I can?t rcmem bet exactly when you talk about in my diary. I know exactly what! wrote.? writ wrou: [asks for correction from Linguisll "Om: pan do remembEr. I write against eleven September. I tall; fur USAMA BIN LADEN as i talk? is it for BIN LADEN or will") BIN [asking Language Analyst] Bibi I told him. ifit's wily war-- he wants to make only war. you have too many avenues to pursue. it is elcven September operation; it is; big operation. ll is not M. Complete war ifyou not care about what is not allowed in. Islam er when is not allowed; you can?t make: real war affect America more. One of this is killing people in the market: and [via linguist! start a war race. A race war; okay. Make poison and all this we study it. even in our camp. how in make war but what allowed or not allowed. this is what. makes a difference between Mujahidccn or only Army person. Army person. lac want In win the war only; for us. no. We should. make light by religion method. So BIN whaz he ?10 on i 1 September. he said. make these peep-le- an-- and make ordinary war. 80 all what I write how to affect Amarica. and i not tall-t about America only. I talk Russm, Israel. India and there is a lot of method we can use. choicc. but because we are Mujaliidecn we make our choice. 11's; big: it becomes small and BIN because Ilia tmih anoi?ncr Mujahideen, i1 is reaction Of what enemy do against us in our ll 10016 Enclusurc - Page 15 of30 (bill) NatSecAct DETAINEE: MEMBER: (W1) NatSecAcl country. The); killing of'our child so we not care to killing their child; it?s no! allowed in Islam. 1 have it exactly, if you read my diary nice, you will understand my idea nice. Sorry to say this in from of you. as lady, and you also gentlemen. liven Bosnia lime- whal is happen raping a lot of women. Some brozhers Muiahldcen they don?t know complete knowledge of jihad or Islam. He like to die sake in the sake of Allah the llod but because he don't know the knowledge he see or sow Serbian raping the Bosnians women so he is angry reaction; he want to rape the Serbian woman because he is angry. l-l?s not allowed in Islam [Asking Linguist for clari?cation] What is the fault or the accusation against this wens-an? ?30 only reaction. So that is who! I wrole here. if we have too much chance, if we are ?ghlers, only army people. if we are Mujahideen. we should choose. So it is kind of I cannot talk to the brothers to tell them BIN LADEN he is make mistake because me myself I should ask scholars this allowed or not allowed. So I am talking or I was writing for myself ll'ie idea it is like this, if you undersland me. And l?ll point out that I believe that volume of the diary is not available for us to see it in the context that you it. so I understand what you promdcd to us in the stalemenl is your representation of what it would tell us if we had is here today. in the unclassi?ed summary. it says you coordinated and cooperated with USAMA BIN LADEN. As a coordinator, did you help foeililale the transfer of ?ghters between the camps for training to support USAMA BIN What. what? Aboul who! RESSAM say. no. RESSAM, he is only student [Via Linguist], a trainee. .l-le don?t know the big plume. He came; I sent to the camp; he rammed from the camp. he think am big relations and controls all camps. only have control in my own camp, and we not make this change belween anybody ol'our ?amers. They want to join BIN LADEN. we will not give him. we will not tell him good or bad. We are some kind of supennarkel; he came to take training and he leave. We give him knowledge as we can-- please be careful; the blood of the human, any human. it is not cheap but if he want to kill you??you. you have right lo save yourself; your family, your country. 0: help another countries in this circumstance {Thee-how that lime. Excuse me. small point abom RESSAM. He joined our camp. l?le lake the training after he joined the Algerians. The Algerians, Ihey are not the Algeriam fanatical group. another small group. but they are also having more; they are a little extreme. We look at outsell as a fundamentalist. And to other people we are little if lGUlo Enclosure (3) Page ll?) of 39 (W1) NatSocAct MEMIBER: DETAKNEE: MEMBER: RETAINER MEMBER: DETAINEE: LINGUIST: MEMBER. (130(1) NatSeaAe-t extreme. We call them extreme. Mere the fanatic. the fanatic they are too bad. Same as what happen in Algeria. Ht: leave our camp and he jam-ed this group and they put in his minti more ideas because he. by himself, he is ordinary Muslim-mot a scholar. not have any too much knowledge. lie have ideas to make problems against Jew in Canada. i tell him if they are helping lien-tel, 1 mid him this is gored war. But if only Jew it is not our headache. it is between him and God. But helping lsrnel to our people anduandu and this gond chance this is do and i admit. yes. I talked with him after he matte another attestation or ideas against America and another thing, it?s mo far - about what we taik about. In your statement you said you started relationships with extremist groups after 2000. Was that as a Coordinator? No. Onty all that time! was in Peshawar 0r islamtth-ad in secret life because the agencies. poiic-e. they would try to catch me or stop ourjihad. So I didn't meet anybody. only anybody want to study in my camp. When they dosed my camp, i entered Afghanistan after since :993 to 2000. Yes, 2000. All the time i was in Peshawar I did not meet from this group when i entered I mecth them only ordinary relations. not heiping, not work. nothing. Only as only [Via Linguis? Not the supporters or the helpers. Even with BEN another group. they are big Mujahideen i like" it is my pleasure to meet them. know nl'them 'i?hat is it. All my work is for my own Kitaidcn camp. So am i understanding cnrrectly that the relationship with the extremist grnups was to allow them tn obtain training at the camps? N0. At that particular one? particular camp? No. it isn?t my camp. At that time it was closed. But only it i3?? 1 tint}; had sociai relatinns with them. Because I not met them. All the time I hear about them, they hear about me. The unclassified summary states that RESSAM Stated that you wanted to acquire passports in order to bomb several cities. And you stated it was far person?i matters. Can you expinin what you meant by personal "matters? Yes. Since we joined jihad against the Communism. .?tl least in my time, the Russians came, they leave Kai-mi Afghanistan, so there was only the Afghaninn Communists. at least in my time. But we was in the vision at? t: 190% Enciosure Page E7 of 30 1} NatSacAet 645/00011 30 (bit?) NatSeeAct WW Pakistanians. even Americans, or Saudi Arabia or Arab countries; they look for us as homes. Of course, we not care; we do it for God. But after Russia leave, Pakistan and Communist even by them self they leave. The Pakistanian start tell us 'ieave that country. Most of? us. we can?t leave Pakistan because if we return for our country. they will hang us as a terrorist. That idea. we act have any big idea in terrorist. We came to help Afghans. So we become between the govcmmont of Pakistan and our government. We can?t sit; we can?t leave. So we start, start tried to leave Pakistan to Europe to be refugee or go to work. ordinary work. Because of this. we start having no passport. We can?t contact our Embassies so when we decide to married, we want to married. We start with a time we have child; we can't have any paper for our child. it way. a big problem for us. Most of brothers say we can?t go to echool. We can?t, we can?t-Mi: start work in fake passport. At that time, RESSAM, i request him passport. I was famous. was me. myself. a big market for fake passport. 1 can send anybody to any place; it is-easy. So this is my work. i am not shy from it, but RESSAM and other brothers in Africa, the Gulf. and Britain, French, 1 request please. I need real passports. The Fake passport, it will take time. After. i can?t renew it. I can?t put my son in the any school, even Pakistani school. i should change and we can't make any business. We can?t travel for ordinary traveling because it is not one case, two case most of Mojahideen. About me. i was responsible about Khalden. So i think brothers. they are working inside Khalden My work to send them money so then anybody wants married. I tell them. why you not married? You start to become old: you not have any children. They say. ?This is problem where do i put my chiid'? in which embassy? Which passport?? 1 start thinking about this practically so it was since make real passport. it is not reai. real. "there is some hush money but in the his: it become real I saw three four brothers they have this in Britain and French and RESSAM. by himself. he have this kind of fake pearrport and he contact the embassy by themselves. 'l'hey cannot disc-over it" is fake passport so he can renew it. i tell him please i need five for my instructor brothers in my camp. it is my work to give them money- anything; Then it is my work to make this thing for myself and for them. i wont to marry but what will happen to my child or even my wife il'she wants to travel to her country"? Or so i teli him pieese. i need this: real parasitian same who! you have I think may you have idea about this kind of gassport RESSAM have. He contact the embassy; the embassy by them self they can?t discover it is fake. The fake what i have is change the photo. This is easy. but i can?t-- can?t renew it. That one he have. it is very well. So try Canada. Britain, French. Africa, some three, four. Arab countries, hm ?til the last i not succeed because it is chance once in the three four years because it is too difficult. So this. the passport 1 need. if I want to make operation best passport it is the fake passport not the real one. ISN ii tome Enclosure Page of 30 (mm NatSecl-?tet MEMBER: WEE: (DH 1 (W3) NaISecAct You said in your siatoment that after 91 I worked with al Qaida in Afghanistan; what did you. do to support a! QaI-da after 9/1 After excuse me, before- 1 I September. my comp and another smali? small camp. we was angry from 31 Qaida booaus: order of BIN .LADEN to close zhoir camps. A?cr eIcven September, the big groups they was angry from BIN LADEN why you not tell us about this big operation? At least give us a chance to adjus! but we have idea 15 that if the enemy came to attack us. It is not good to make different betwoen us. 'I?hon you should united ?till we kick the enemy a?or "we will return for our problems. So after eleven September. wo know America or another countries. Even the north pooplo in A fghoniman Hoar Pakistan too? they will attack Afghanistan. It is not good to make between no problem. Me myseif. I was angry from BIN LADIEN but it is not good appropnate time. We or most brothers. groups they don?t have mono}- samo as al Qaida operations? sorry experience, experience in tho war. So everybody. Wt: were ready. What you want 1.1510 do in .Afghanisian, oh Ho say, ?we will send our experience poopIe to save the cities.? Some group Jaialabad. maybe you know the name. and in Khowst became on: camp it was in Khowst City and another group. They or BIN LADEN or his deputy in the truth. In: request BIN SALAI-I. Iho Emir of my camp We want you to care about Khowst. your Emir. your boss or responsible from a! Qaida. one pcrso-n his name ABII AL as we mentionod. You will bi: responsible about the groups. When I found my Emirjoin aI-Qaida. it is not join mean makes bayou [via the Language: Analyst: he pledged Allegiance] no he did not. {via Language Analyst: yeah. he pledged Allegiance my Emir did not pledge Allegiance. {1131's what he?a saying}. He worked with a! Qoida so when I found my Emir he will work, I don?t know anybody in the Emir or the responsible oI my camp. I found him, he join, than I tell him 0K. what you wam us '10 do You want me to be this one person from aI?Qaida. and this is my comp Emir, and thoy want me to be the deputy of my Emir. I told them, I have no any oxpori-cncc in even how '10 open Kalashnikov very well. Ail my time in Afghamistan and Fakistan, I know how to make fake pomspon. Escaping anything, it is oasy for mt: in {he cities. but in the from ?nes or how [0 not this Russian gun machines since. I loot my memory, I have problem to work with how you want me to be responsible about if something any work in Pakistan in the cities, spent a lot of years" I know how to do. But in the cities, mountains. this front lines since I Iost my memory, I not have chance to rousmdy again. Quickly I became responsible. rcs-ponsible rcsponsiblo, and stop any new knowledge about gun machines. For this I toll him sorry and I leave. ABU AL KIIEIR. a] Qaida perSon. ho said Ihis order of BIN LADEN. I toll him I am not ol Qaida. to give me order. I like him. I rosy-cot him. but ihere is no order to give me. Became it is not make sense. I make the brothers in II IGOR: [inc Iosurc I 3} Page: I9 of 30 (W1) NatSeoAct 6451430011 32 MEMBER: PRESIDENT: PRESIDENT: DE l?AlNEli: (bll?i) (om) NatSooAct the bad circumstances because I do not know simply the truth if I know I will do my best. So instead of being a deputy, you voluniocrod to ht: a soldier? Yes. I am ready to be a soldier, but they refused. 1 hey say no, at least because you have big name. I say ok. I have big name in different case-not in this case. But won this, I not do 11. think best to help, to bring money. I know how to misc money? so there isa lot of brothers they have bad Al-Qaida they have moncy they know how to help their people. So I like to help the another brothers whose not join any groups and they have bad circumstance of. money and their fan'tilics child in Peshawar or in Afghanistzm. It is om: of my work to help them. So 1 decide to return to Pakistan or travel to Iran to try raise more money to help this people whose nobody care about them. thoy will care about money and front limos and these things all their groups. their people. And I mentioned this oven by details. day by day in my dtary, but you guys had it. ls my English. it's clear? (fun you understand mo? I believe we do understand your statement. Thank vou. ljus?t have one more question about the safe house that was raided. ll. says in the unclassi?ed summary that you were captured during the raid of a safe 1101353. What was that safe house used for? Only we are escaping from we leave Afghanistan. it was only you are Arabs or look Mojahidcurt in Pakistan, its big problem for you. Especially those they not have fake or real. So we are saving our sell" because Pakistani an and Amcricans and number group they try to catch anybody came from Afghanistan. So we are tried to save our sell?til this problem came down, yes {con?rmed with Linguist}. lt?s not from place, it is maybe the third or fourth houso in maybe two months we change. We change ?till we found maybe we travel to Iran or any safe place ?till we found house again because it was bad circumstance from security. And from your statement. the Only weapon you had in this house was knives? From kitchen; not: of the brothors a?er We start by our hand. That?s the quostiun that I had. En your statement we were talking about it earlier, 1 would just like to clarify if 3 could. This is again referring to what was in the diary. After on: that you had worked a! Qaida in Afghanistan, we understand from your earlier that you Weren?t able to actually be a soldier because you couldn?t remember how to work a l1 {Enclosure (3) Page 26 of 30 NatSecAct RETAINER PRESIDENT: MEMBERS: PRESIDFNT: I DENT: RECORDER: (W1) - NatSeeAet weapon. So your statement is a little confusing. "r?nu said you volunteered to be a soldier. but from your previous discussinn, am I led to believe that you could previde other services, such as raising money, forging passports. these were considering support to the forces in Afghanismn as they defended themselves from the Northern Alliance 0: American forces after 91% 1? Is that correct? As I told you, ?nd willing, you hear from this gentleman about what I did. Yes. I not try to cheat you or to sale to escape from something I do or done. I don?t know grammar in English. There is I tried to raise money to help the hrmhers. It is they are not a] Qaidtt, net Taliban; these people, they know how In help themselves. i try to help the brethers whose they are nobedy care about them. 1 will and this is the same as my work l?rrim beginning. Maybe 1 will take them out of Afghanistan and yes 1 do. and make fake passpart for them to take. I don?t want them tn be in the jail because something LADEN d0 and he?s maybe new he didn?t do anything about the real jihad. Yes it?s one of my thing was describe to you to give money, passport, safe houses for any brothers whe he have had anybody to care abeut. And these people they are not group; they an.- members. if this you mean about this. yes. members members of mttjahideett. none al Qaida none. 'l'aliban, even may most of them none Khalden brothers: they are new brothers, they are in bad circumstance; nobody can: abeut them. it is my work to care about them. 'l'hank you: any other questions from the 'l'ribunal panel? Ne, Sir: no, Sir. I'hank :mu fer ynur statement: We'll now continue with the proceedings and other matters. 0F We will now allow for the calling of witnesses. A12 witnesses called before this Tribunal may he tines-tinned by the Detainee, Personal Representative. the Recorder. and the 'l?rihunal Members. Does the Recorder have any witnesses to present? NFL Sir. And 1 notice-d. from the Detainee Elect-ion l-?erm that the Detainee has not requested any witnesses today. r: ten t6 Enelcsurt: (3) Page El of 30 (mm NatSeeAct 15-L-1 34 PRESIDENT: PERSONAL RFP. PRESIBENT: PERSONAL REP: (bill lb)(3) NatSecAct CLG-SING ZAW AI. Alai?lN MUHAMMAD HUSAYN, that; concludes the presentation of the unclassi?ed information for the. Tribunai. We are about to conclude the unclassi?ed portion of this hearing I undemand that you have a ?nal statement that you would like us to root:ch at this time: And again. I believe. the Pcrsoml Representative wiil br- readiog that statement on your behalf. is that correct Personal Representative? That is con-col. Sir. Again, with the understanding that the Detainee may interject or add to what i say to correct what i say. Very wcll. You may proceed. ?in the name ot?Gori the Mcml?ul. Mr. President. and Members of the Tribunal, Ii would have liked to have spoken to you today on my own, but i have been having seizures lateiy which have temporarin affectod my ability to Speak and write with-out difficuity. 'l'howforc, I asked my Persona! Representative to speak on my behalf. I hope from you justice. and i know that is what you seek, Do not make the mistake the CIA has mad-o when they ?rst arrested the on 28 March 2002. After months of suffering and torture. physically and mentally, they did not care about my injuries that they in?icted to my eye. to my stomach, to my bladder. and my le? thigh and my reproductive organs. "l'hcy didn?t care that i almost died from theso injuries. Doctor-5 told me that nearly oied four times. Then they transferred me to a socrol location. 'I?hcy transferred me in a way that a normal, ordinary poison would be embarrassed to he treated. They even prevented me from going to the bathroom at least ?ve times, and sometimes I was deprived from being able to go to the bathroom for 24 to 36 hours when we traveled. This caused me to have chronic constipation to this day, where now I can only dcl?ccatc about once a wool; or two weeks. They did this to me. because they thought was the number three leader in 31 Qaida and a partner to USAMA Bibi LA DEN. as is mentioned in. the unclassi?ed Summary of Evidence.- against me. After a few months Went by, during which I aimost lost my mind and my life, they made sure ididn?t die. Therefore. year after ycar. i am losing my masculinity. Even my board is failing out. not from injuries but from the lack of treatment. The CIA discovered after all ot?this that am not USAMA Bibi partner. and that I am not number three in a! Qaida. and that I?m not even in a} Qaido. After that, all they said to me was. ?Sorry, we made a big mistake." After this, 1 started feeling the of my l99'2 injury to my head, including the complete ioss of my memory and an inability to speak, toad. Or write. But, these abilities slowly cattle back to me although I still have Simone] in my head. Aiso, another form of torture was when thoy-- when #5 [10016 l'inclosut?t: (3) Page 22 0130 (but NatSeoAct 35 (him NatSecAot they" cxcuse me, Hi repeat this sentence. Also, another form of tenure was when they woulc'ln'l give me my diary. which caused me to have nearly 40 seizures. The mental anguish that came from broke-n promises in which they said that they would give me: my diary back contributed to the seizures. Moat importantly, my diary can refute the accusations against ms: and it can show that i am personally against the sort of acts that were committed. Dita! Members of the Tribunal. i am Saying all Of'tl?lisn excuse me. In saying all of this, I am not trying. to gain your pity. I am only trying for you to see the big picture. the true: picture not the picture, depicted by the media. which the lA found out too late. Therefore, I would like you to know this mall below you males your decision. I know this is nut a criminal Rial, as you say. but all hope from you is that you try me for Something that lam proud of having done. not something i didn?t do or am against, not something that would shame me before the world. 'l am not here to lie to you, or shoal you, or to lie to myself by saying iha! i am not an chem) of your injustice. I have been an enemy of yours since i was a ohild becausv of your unjusz acts against my people, the Palostinians.1hrough your help and partnership with Israel in occupying our land and by killing our men and raping our women and kicking out our people and turning thorn into refugees for more than 60 years. Until now, half of my pwple are refugees in relhgoc camps. I can not deny that. since back when .l i. 'as a child. I liked a lot of things in your country and your hismry and your culture. am not lying by saying that, but it is the. truth. My moral position is not ngainsi the American people or America. but against the government which i see as a partner in oppression. A partner of a killer is also a kill?r. I also resent tin: military that is used by [his to inflict this oppression. in other words. dear members of the military, 1 am againsl you. My words are not hypocrisy, and i do respect you. I believe that even my enemy should be respectcd. I don't deny that I am an enemy of your injustice, but I deny that I am an enemy combatant. I never conducted not ?nancially supported, nor helped in any operation against America. Yes, i write poetry against America and. yes, I feel good when operations by others are conducted agaiosi America but only against military targets such as the 15.8.8 Cole. But. I get angry if they target civilians. such as those in the World Trade Cooler. this 3 am completely against, as my leiler to the lslamic Scholars would Sh?w. The CIA has this letter. My diary will prove that some of our accusation-s were. noi: my plans. How can I plan for operations that I don?t believe in? What you call plans about what BIN LADEN did on I wrote in my diary in response to BIN LA action, noting {list he had many ci?lOtCCS on how to conduct was which are: wrong in lslam. such as race war, killing civilians, burning cities. and targeting civilians in markets. This is what people ol?wai' do, and I am sorry you are one This is truth. ll?someonc reads my diary with a biased mind, he will misinterpret my meaning. Dear Mombors, this is what I have for you. As you have noticed, it. wasn?t a defense that ISN lGUl? Enclosure (3) Page 23 elm ?30(1) NatSecAct PRESIDEN T: 1) NatSecAot contained much evidence become all my evidence is with the (31A, or what is left of it. 1 also do not have a lawyer to defend me in from of this Tribunal. Take notice that if a lawyer was present. ht: would not have allowed mt: to say what I said because I said the truth with-out reservation. And am willing to be hung for it for something I have done. I am not a lawyer to defend myself. I can?t even speak clearlj-lz temporarily God willing. It is only to demonstrate to you.? ZAYN Al. MUHAMMAD HUSAYN, do you have anything to add to that statement? No. No. Thank you In your gtatemom, you mentionet: months of torture. Has anything that you provided us today regarding. your written statements telatec?l to those times that you have been tortured? No. [conversation between Betaan and Language: Analyst discussing the President?s question] Actually most of what they say 1 did in ?rst months they take against me oven. for some: thingu or like this they take I was--?l was nearly before half the plus what they do tenure was not afraid from die because do believe 1 will be shahld {Language Analyst translates] martyr, but as God make me as a human and weak. so they say ycs. 1 say okay, i do do. but leave me. They say no, we don?t want to. You to admit you do this? we want you to give ux more in?trmutitm. This part I can?t because I don?t know. I say, ?yes, 3 was partner of BIN IADEZN. I?m his number three in a! Quinta and Pro his partner of I say okay but leave me. So they writr bot they want. what?s after, more infort'nation about more operations, so I can?t. They keep torturing me, tell me why them self they discover you are not torturing. So some, mat all, some what you have here even me say of me here it: the paper, it is from FBI. But I don?t know of the dealing; was in the hands of t-?Bl or ttlA. But FBI people when I met them in the last month. I understand they was partner of the peeplc whose they attack my house. And they have my park-four port ofmy diary and the origin is with them. So who's torture me and taking over information. Maybe they are: FBI, maybe are don?t know, ?till now. So here they say ll?Bln FBI. they not talk about the CIA, 50 don?t know. So you did make statements during that treatment? A lot. And what you said, was it correct, was it incomplete or was it not Corrector untrue in any way? f3 Enclosure (3) Page 24 of 30 (blm NatSecAct 37 PRESIDENT: Eli: PRESEDENT: (W1) (ma) NatSecAct ?l'hoy say ?this in your diary." They say you want to make operation against America.? 1 say no. the idea is d-il'l'ercnt. They say no, torturing, torturing. I say. ?okay. i do. i was decide to make operation.? This ?rst part the second part, okay. What is the Operation? i not have the speci?cs; I talk about open idea. So most of this here the CIA. they admitted that admitted too. But after by thorn scll? when it is maybe three or four months torturing, some months in the hospital after this the circumstance became good. They start asking me again and again. aboul this thing. toll them no. They say why you change your words. 1 say it was bad circumstance, was naked. I was like this, 1 was like this, I want in ?nish this. And something they not believe all what I do, say in that time. Some they believe, some they not believe. I don?t know What they need or not need. They only ask and 1 answer. In your previous statement, you won: saying speci?c treatments. Can you describe a little bit more about what those treatments were? [Language AnalySi translating] First thing. during l?m still--l was inwstill in the hospital. 'l'htry would ask mo and i would ansucr. From the hospital, after. i don?t know how many months, how many times. ?l'hoy take me to their secret place. From that time 1 was nakod. Ami think you know how much the Muslims, and I think i1 problem for you as Christian or low. don?t know but at least for us, it was very bad thing. I was too weak; they make me sleep in a metal bed, [via Language Analyst] at medical metal bad. it look like this. Naked and feel cold and this still bleeding {pointing to the inside of left thigh area] from this area. l?m sorry Madam, some blood even came out from my sex machine. Make me think badly. I asked what; don?t want help but toll me why; not understand. Maybe this I understand [pointing to tonne left leg area] but this I not {pointing in groin area]. So it take days and days, loo cold place, naked and sleeping. After this, they put me in the chain-same circumstanco?nalzcd, too much cold, no food, only linsun: [Language Analyst clari?es Ensure ?Force foo-ding Ensure] I understand. And they not give me chimes all this, maybe one--:wo week. don?t know the time. No food, no sleep, not allowed to sleep. When i feel sleep. they shake mc lilo: this {Shaking chair] or make me stand. But all than time 1 am sitting twonty~four hours, only sorry again, when I use the toilot, bucket, not real toilet, bucket near of mo and. in from of them, and from that time I feel shy, how to use this same animal in from of the people. But again. human is - human. You want to go, as you say in English, you want to go to toilet, you will, you should go. flow to say it? refuse, rcfusu. refuse. human and use ISN if Enclosure (3) Page 25 of3ll W4 (bill) NatSecAct 1 38 NatSecAct it in from with them. So all that time they ask me.1hey talk. 0m: person tall: and they leave anather twu, two, no sleeping. no food, milling, and cold, cold. 1 speaking. believe me; it is said this not because seizure, because cold and weakness. After ?rm. i don?t know how many, it"s weeks and weaks. they give me chance to sleep encc. Maybe once in the two weeks. don't know. exactly. once a monlh. I again make rm: 551 (m the ?oor. Also cold. rial-{mi try to cover my private part. because the shackles even I can?t because kind of chair like this but its have [via President and Language Analyst arm rest. 80 tried to cover nothing and start makes me stand hours and hours. This leg. '11 is nothing. nearly die miw ?til now it?s not same thing new problem here. So all the hours stand this leg. When I H'le to swuch here, I fell dawn. But I can?i fall dawn became shackles. something inan with the leg or the hand. After this, I (lan't know how many even try. 1 request, {all him, ?do as you like; tell me the time lwant 'tn pray. No chance 10 pray. Give ml: the lime and n0! need water. I need pray witlmut cleaning. 1 should make some cleaning, before I pray." lmakc request number offline. Nothing. A?sr this pm me in the big box same my tall but it?s not and the}; put the bucket with ma. oilet bucket. 1 had no chance 5'11, only in the bucket and because the bucket its not have cover. or sometime Ihcy put I found myself inside the bucket like this. [trying 10 mm: and Show While in chair] And the place ton class; take hams and hours ?til He: came and save me from the bucket, again and again sorry it full of mine. And Stan that timeulime and time put me in IhiS and put me in small hex. can?t (In anything. I can?t sit stay do anything and h-nurs and hours. Siam ham me in the wall and (in believe. am: at" the problems, and make the shrapnel lvia the Language Analysx- the shrapnel in my head was moving] and that making, from that tims 513:1. I feel this hand shaking, and Beat mt: badly in the back. in my back. in my head. Last thing. 02" course same thing use again and again. differcm time. plus {hey put Inc in lhe same [via- Languagc Analyst] 3 medical bed. The}; shackle :m-c even my hcad; I can?l do anything. Like this and they put one clelh in my mouth and ihey put water. water, water. point before dic they stand [via Language Analyb't] bad they make like {his [making breathing noises] again and again they make it with me and i tell him ?if ynu want to kill me, kill me. I not care really, but why really. I. net half you wanted rm: :0 make from my mind operation. I know how in make operatinn but, ok. this is good, they write it but this, who is the people? I make it from my mind because yam like operation I give you upcratiun. ideas of Dpcz?atien. So again and again. they make same things I don?t know lung 1 can?t to remember it but after they thcy 310p everything and they give me in the last clothes to cover. Last thing they do thcy- -l am still shackled. was naked; am naked; they bring the [Via Language AnalySE] interr-ugator, female in fmm. I was naked. like this. i tell them, lfyou um ll 10016 Enclosure (3) Page 26 of 30 NatSecAct PRESIDENT: PRESIDENT: RECORDER: PRESIDENT: RECORDER: DETMNEE: (bll 1) NatSecAct Impact me, you respect your? this lady. She is w-unan. It is not an appropriate; give t0 cover and you ask me as-as you like. That?s mean; yuu do not rcspuct her. lt means heat beat?beat. 'l?hey my all what we d0 make you down you are still . Because I not afraid of What you (in, but if I have. i will give you real but really I do not and because i am human even I not afraid I will tell people it is morn; [Via translatur} than can handle. Yes a?er thla, they discover they 510;) all this thing but d0 nut know how many times how months, months. 8111 the truth after this after the secondnor one complete ycar. two year. they start tell rm: the time for the pray and lewly. slowly, became good. They told me sorry we discover that you are not number three, not a partner even not a ?ghter, Sol understand that during this treatment, yon said things to make them stop and than those statemems were actually untruu. is that cancer? Yes. 0k. Regarding your statements that you have madr: heft: today at this 'l?ribunal session, have they been completuly voluntary of your own free will? Yes. Very well. What you have told us will bf: included in record of these proceedings and will also be reported for any investigation. Also, we will carefully consider what you have tnlu us as we make our determination as to your enemy combatant status. I understand it was dif?cult for you to provide that infunnutiun to us and I appreciate your time. in pnwidlng it as well as all the you pnwidud us tuday Sir, may I ask for mu: point at? clan?calim? Picasc. Continue Recurder. ZAYN AL MUHAMMAD, have you been mistreath at any time sincc you have been in US. military cusmdy here at Guantanamu Buy? The truth, no. But small things. Here I discover they have rules, strict rules for detainees, but they do nut care about the [Via Language Analyst] suck. From some side appreciate what the clusters they do for me czven hare. But see [puints to his leg} the problem of my leg and knee. I need to cover my-? this thmg, i used the. what {Detainee removes his left shoe and extracts a prayer cap) what we use it for pray to. I request them give me socks; this is too much cold I feel twenty four hours even in the very hot time since I have ?3 10016 Enclosure (3) Page 27 of 30 W1 (mm NatSecAct PRESIDENF: DETATNEE: (bill) NatSecAct the Injury. They say socks in this not allowed in this area in this place. Sometime I appreciate what you do; 1 say maybe they mean it because they leak in: me as enemy. 0k. me myself, I am not big gmup; I am small gmup. was having rules for my group it" we can catch anybody, even it? he my enemy. I am Palestinian. you should trustuult respect him completely and take-wt: ?nish his case if we make [Vta Language Analyst! an Islamic trial. Or if he is not army or something me myself i will send him to his country. it was small group. But this big country, we have rules, they make small things really, its affect person same me from his half- ~ltalf body my eyes, my hole in my head. my problem all is from this sidc sorry again and again, 1 have one testicle; 1 lost it Even and this prohlent here is all this part it is not template. [Indicating his left thigh] This part~ still good. Still strong. {indicating his right thigh} tried tn adjust mysle as i can with this but small problems; sticks make big Small socks as much I request 1 nced to cover it by my head [Via Langsage Analyst]. The prayer hat socks. as Sticks And? and during this session, ynu did lemme your prayer hat your shoe that ynu have bean using to keep feet warm. We understand that. At least twenty-twenty years hours i ask. And our of this big problem is it is my diary. Not my diary only, it is my papers. 1 dn believe this seizure not came only her-e before years i havc this big problem the: holes or injury which I test my memory. I have seizure when I came here because angry because ldon?t know thinking about my paper diary it is nine parts. sis they catch it with me and three. I through or under the CIA and some sterics, poctries. CIA- by themselves prnmisc mt: tn give it far me. When i came hm i ask shout it again and again. not whose take it; refuse or Amy refuse. was nnly thinking-thinking found myself found myself fell down. They not believe in lit-c bsgintting but the specialist dOCtnr they tell me yes mum of the seizurt: he have he bring it far himself hy that think. And i knowl try to escape but I can?t. 'l?hinking-- thinking sixteen years, 1 haw: these paper with me as my child Maybe it is too [Via Language Analyst] it?s cmntinnal. But try tn ht: practical mind but] ?nd myself too weak in from of these things because I write and everything happen for me so when they take it I fist-l they take my child. ?l'he child his age is sixteen or seventeen years. So I think if you ask outside they say this nn-t torturing this is ordinary. For me. it is bigger than what CIA for me. This beating in the bud}; is nothing, mayhe what. they do fbt' tlignity it" is too much important. 1 can?t forget it. What they do an my body I will forgct it, plus now taking the paper, my paper. Maybe nut the army take. it but the army, 1 think, is about making me Suffer. In these ?ngers or three lingers, [Pointing to his fact! it's ton cold I didn?t know what how to say it an English Twenty Four ISN #3 10016 (3) Page 28 nf30 Wt (bill) tb)(3) NatSe-cAct 141 RECORDER: PR DETAINEE: PRESIDENT: RECORDER: (13m) NatSecAct Hours. And small things. reaily, it?s not too import ant thing bui its affect person as me iswuh I don't, like ?0 admit a sick person. I 11'on be good Muslim person but the truth is almosi hall?ofmy body is no! good. 'l.?i1ank you "for your response. Okay. i will. [?l?rics to return prayer cap to his ie? i will use it after. Okay, we will see that your shot 15 tended to at the and of this hearing; if we can proceed. CIJDSING IE1) SESSION All unclassi?ed evidence having, been provided to *he Tribunai. this concludes the open tribunal sossicm. ZAYN Al. Mille MUHAMMAD HUSAYN shall be noii?cd of the Tribunal decision upon completion of the review of these proceedings by the Combaiam Stains Review Tribunal Conv-eriing Aulhoriiy in Washingion, DC. if the ribunal that you should not be classi?ed as an enemy combatant, you will ho released to your home country as soon as arrangements can be made. If the Tribunal determines you?re classi?ed as an enemy combatant. you may be eligible for an Adminislm?ve Review Board hearing at a future date. The Administrative Review Board will make an assessment of whether there is continued reason to. believe that you pose a threat to the United States Dr its coalition owners in the ongoing armed con?ict againSt terrorist organimiions, such as at Qaida and its af?liates and supportcn's, or whether there are other factors bearing upon the need for detention. You will have the opportunity to be heard and to present. relevant information to the Administrative Review Board. You can pro-son: information from your family and friends "that might hr: of help to you at the Board. You are encouraged to contact them as soon as possible to begin to gather information that may help you. A military of?cer will be assign?d at a later date to assist you in Ilu: Administrative Review Board process. ADJOURN OPEN SESSION The open session of this Tribunal hearing is adjourned. The timc is 155] hours; the date is 27 March 2:307. All use. {Enclosure Page 29 of 30 (mm I (W3) NatSecAct NatSacA-ct I certify the material contained in this is a true and accurate: rendering of the testimony and Engiish ianguage translation of the Dctainee"s words given during the Combatam Status Review Tribunal of ISN ?0016. (W5) (W5) {Scions}. USAF 1 rmunal Pressman: ISM ??09 I 6 (3) Page 30 of 30 (W1 NatSecAct (blm NatSecAct Vcr?atim ?Tr-angel?in of Combatant Status Rengw Tribunal Hearing for 19820 RECORDER. RECORDER PRESIDENT: . RECORDER: DETAWEE. This hearing shall come In order. This Tribunal is being conducted at 03:42 on 15 April 2007 an board US. Naval Bras-c Guantanamo Bay. Cuba. The following personnel are present: Colonel (W5) United States Air Farm?. Presxdenl, Commafrer United States Navy, Member, Lia-ate I I I i United States ?it Force, Member, Majo United States Air Force. Personal Representative. Sergeant -xrst 'Iss . Unitc? States Army, Reporter, Major (bills) 1 States Air Force, Recorder. Lieutenant Colonel is the Judge Advocate member of Ila-e Tribunal. OATH SESSION '1 All rise. The Recorder will bar: sworn. no you, Major 03KB) swear or af?rm that yau will faithfully parle the duties as assigned in ibis ?l?ribunal, so help you God? I do. The Reporter will now be sworn. The Recorder w:ll administer the oath. Do you, Sergeant First Class (330(5) ,swcar zhat you will faithfully discharge your dulics as Reporter in this ?l?ribunal. so help you God? 1 do. We?ll take a brief recess while the: Detainee is brought mm the roam. The time is 08:43 on 15 April 2007. This Tribunal is now in recess. All rise. [All personnel depart the mom] [All personnel mum into lhf: room 31:08:48.] All ruse. This hearing will come 1C3 You may be scan-d. Good morning. (?marl morning. How are you guys doing? 10020 Enclosure (3) Page I of 58 NatSecAct PRESIDENT: PRESIDENT: RECORDER: MEMBERS: RECORDER: PERSONAL REP: ?1 NatSecAct Very good. fine, thank you. his Tribunal is comened by order of the I'llirector. Combatant Status Review Tribunals under the provisions of his Order of 12 February 2007. This Tribunal will determine whether you meet the criteria to be designated as an enemy combatant against the United States or its coalition partners or otherwme meets the: criteria to be designated as an enemy combatant. OATH 2 The monitors of this Tribunal shall now be sworn. All rise. Do you swear that you will faithfully perform your duties as a member of this Tribunal; that you will examine and inquire into the matter now before y'Ou according to your conscience, and the laws and regulations provided; that you will make such ?ndings of fact and conclusions as are supported by the evidence presented; that in determining facts. you will use your professional knowledge, best judgment, and common sense; and that you will maize such findings as an: appropriate according to the best of your understanding of the rules, regulations, and laws governing this proceeding. and guided by your concept of jusricc. so help you God? i do. The Recorder will now administer the oath to the l?ersonal Representative. Do you af?rm that you will faithfully perform the duties of Personal Representative in this Tribunal? i do. Please be seated. The Rocorder and Reporter. ltaw previously been sworn. Mister 113 El MN. you are hereby advised of the following all?? during this homing. Excuse mo; the following applies during this hearing. You may be present at all open sessions of the Tribunal; however, if you become disorderly. you will be removed from the hearing and the Fribunal will continue to hear in your abSEnCc. You may not be compelled to testify at this Tribunal; however, you may testify it you wish to do so. Your testimony can be under oath or not under oath. You may have the assistance of a Personal Representative at the hearing. Your assigned Personal Representative is present. You may prom-m evidence to this 'l'ribunal. including the tustimony of witnesses who are rcanonably available and Minor: testimony is rulevant to this limiting You may question witnesses testifying at the Tribunal. You may examine documents or statements offered into evidence other than classi lied in fomtation; however. certain documents may be partially masked for security reasons. Mister KHAN. do you understand this process? ISN ll 10020 Tap Enclosure (3) Page 2 of 50 NatSooAct 45 DETAINEE: PRESIDENT: (mo) NatSecAct Yes. Sir. Do you have any questions concerning the Tribunal process? Ah I personally am not satis?ed with the process But don?t have questions. So far. from what i understood. But I?m not satis?ed with the course alt-4hr: Tribunal process. I would? I would rathor have fair trial than rather than have a 'l?ribunal process. but I so for, vs hat I understood, I understood how it gens. But the Personal Representative told me. all? but I?m not satis?ed with it at all. Very well. this is an admimstrotivc process and we will continue through it. and if you have any questions about what we are doing at any time, please feel free. to ask. The same goes for you too. Certainly. 0F INFORMATION PRESIDENT: PERSONAL REP. PRESIDENT: RECORDER: RECORDER: Personal Representative. please provide the Tribunal with the Detainee Election Form. Sin} am providing to tho lribunal the Detainee Election Form labeled Exhibit D-a. have resolved the Domino: Election Form marked Exhibit dash A and it does provide ah?- various administrative infomalinn. including a notation that you wish to participate in this Tribunal. you want the assistance nfiho Personal Representative and it sommarizes a number of items regarding the witness and evidence requests and other matters related to this hearing. Recorder; please provide the Tribunal with the unclassi?ed evidence 1 am handing the Trihunal "what has previously been marked as Fxhihit R- the unclassi?ed summary of the evidence that relates to this Dctaincc?s status as an enemy A translated copy of this exhibit was provided to the Personal Representative in advancr; of this hearing for presentation to the Detainee, In addition, I am handing to the 'l?riburral the following unclassi?ed exhibits. marked as Exhibits. through Copies of those exhibits havo previously been ided to the Personal Representative. The unclassi?ed gunman"! [Looking for a copy.) Can 5 give it 10 you after, a?erl road it? Enclosure (3) (mm) Page 3 offal) 'NatSecA-ct PR ESIDEN REP: RECORDER: (W1) NatS-ecAct Oh. Very well. Sorry. Sir, have an additional copy. Thank you. No, that?s line. We?ll receive it hen: shorily. Recorder. please read the unclassi?ed Summary of Evidence which is RJ. Road i: for record please. Recorder. before you proceeanisia-r MAJID KHAN at this time please do not comment on the evidence. There?il be an appropriate time [am in the hearing for you to comment on it. i would like i110 be read into the record at this time. Recorder, please proceed. The following facts support the determination that tho Detainee is an enemy combatant: a. In March 2003, one of the Detainee} brothers stated the Detainee was invole with a group that he beliewd to be :11 Qaida, and :m of 2602, was involved in 1m1-sporting people across the border of Afghaniszmi and Pakismn, and points elsewhere. b. On May 2003. WMAN FARIS pleaded guiliy in the Unitcd States District Court in Alexandria. Virginia, to providing material support and resources to al Qaida and conspiracy for providing the terron?s: organization with informaiion about possible United States targets for attack. c. in mid-2001. FARIS had dinner and spent the night at the Dctainee?s famiiy residence in Baltimore, Maryland. PARIS stated during this visit the Detainee spoke to him about the ?ghting and in Afghanistan. On a subsequent visit, the Detainee told he moi KHALED Sl-iAYKi?i . MUHAMMED (KSM) in Pakistan and referred to KSM as his uncle. The Detainee told FARJS of his desire to manyr himself against President MUSHARAFF of Pakistan by a vest oi explosives inside a building. d. A computer harddrive seized from a residence where munitions were discovered contained linkages to media seized from the Dolulrwc?s residence. c- In March 2003, Lhe Detainee?s i??lh?i? stotco the Detainee recenily began to be in?uenced by aim-American thoughts 21ml become extremely religious in his behavior. The Detainee?s father believed the Detaince had coma under the influence of famiiy members in Karachi, Pakistan, who discussed anti-American feelings and could bi: very destructive. f. On 23 November 2005, UZAIR was convicted in United States District Court, Southern District of New York, on charges relating to his provision of material support to the ol Qaida terrorist organization. The evidence proved agreed with two a} Qaida members. including. the Deiaincc, to provide support to al Qaida by trying to help the Detainee obtain a travel documont that would have allowed the Detainee to reenter the United States to commit a terrorist act. g. In February and March 2093. UZAIR PARACHA posed as tin: Detainee ii Enclosure (3) Page 4 of 50 (W 1) NatSecAct 15-L-?l 64510001147 PRESIDEN (WI NatSecAct during telephone calls with the United States .[mn'iigration and Naturalization Samoa. called the Detainee's bank. and attempted to gather information about the Dominoes immigration paperwork via the Internet. PARACHA also agreed to use the D-etainee?s credit card to make it appear that the Die-mince was in the United States. when in fact the Dotainee was in Pakistan. it. On 29 March 2003, a search of bedroom in Brooklyn. New York. revealed a Bank of America Visa card. excuse me, check card in the name of the Uctzti?ec and ?ve different identi?cation cards for the Detainee. including one Marylanii drivers liatcnse and one social security card. i. PARACI IA stated he knew from his father the Detainee and a second individuai were al Qaida. The Detainee and the individual wanted to give and his father between 180.000 and 200.000 United States dollars to invest in their company as a loan. PARACHA stated he knew the money was a! Qaids money and that al Qaida wanted to keep the money liquid so they couid have it back at a moment?s notice. felt it was implied that he had to perform tasks for the Detaineo and the individual on behalf nt? at Qaida because of the money being loaned to their business. Sir, this igrincludes the unclassi?ed summary of evidence. i?crsonal Representative. does the Detainee have anv evidence to present to this 'l?ribunal?? PERSONAL RFP: Sir . I am handing Detainee exhibits D-b through D?l to the Tribunal Board Members. These have been provided to the Tribunal Court Reporter [Recorder] Exhibit 0-3) is MAllD?s written statement of torture for Contestant Status Review Tribunal, taken March W07 by PR3. it is twelve pages. Exhibit {Ll-c is MAJID Ki-lAN?s oral Statement ofTorturc for Combatant Stat-- Status Review Tribunal, taken Min-ch and April 2007 by PR3. it is three pages in length. Exhibit [Ml is KllAN?s rebuttal statement for Combatant Status Review Tribunal taken Marchi'April 2607 by six pages in length. Exhibit is a witness statement from SAIFULLAH for ISN 20 taken 6 Aprii 2007: three pages. hxhihit is a statement received from IYMAN liftile for use at MAUI.) Combatant Status Review Tribunal and it is three pages. Exhibit D-g is lA?s court testimony at Federal Court of?S-outhem District of New York: it"s thirty-two pages in length. Exhibit D-li is a photo of daughter. with a statement from MAJID page?- one page. Exhibit D-i are witness questions from KHAN as to the-- he requested to be asked to his witnesses; three pages. is a statement of- ?l'rom ALI KHAN for presentation at the CERT-- MAJID KllAN?s three pages. Exhibit D-k are Detainee session notes. two pages. And finaliy. Exhibit D-l. the witness? rah-- a typed witness statement from FARES. So you guys can?? excuse me, so the Board can actually-- handwriting is not the best. so I interpreted it and typed it So you guys can read it here. And now I aim handing them to the Board. ISN it 10020 Enclosure 3) Page 5 of 50 (bill ib)(3) NatSeeAct PRESIDENT: RECORDER: PRESIDENT: RECORDE R: (W1) (W3) NatSeeAet WSW Thank you, Personal Representative. i appreciate the summary et? all those documents. At this point, i would like to address same relevancy and rulings regarding the requests for evidence that were received. The ?rst evidence request regarded your varieus documents that you believe Show that you could legally enter the United States. I found this evidence request to be relevant, and directed that efforts be made In ebtain these or simitat deeurtients relating to your legal status to enter the United States. Various dncuments were provided by the government and also from ycur father's attorney to satisfy this request for evidence. hose were provided to your Persena! Representative previously. The second evidence request that i received regarded your request fur the transcript of UZAIR court case. i also found this evidence request to be relevant and directed that the document be pmduced; The relevant pertiuns of that decentth has been previded. And this concludes my remarks regarding the relevancy and the availability of the evidence that you requested. I will address witness requests later in the hearing. Does the Recorder have any further unclassi?ed evidence tr; present? Mister President. I have no further unclassi?ed evidence for the 'l'ribunnl. but i respectfully request .a elescd Tribunal sessmn at an appropriate time to present classi?ed evidence relative to this Detainee '5 status as an enemy combatant. Recenter. your request for a closed session is granted and will be taken in due course. We now come to the point nt?the hearing where we?ll address witness requests and the calling of witnesses. CALLING 0F WITNESSES Does the Recorder have any witnesses to present? Nit), Sir. According to the Detainee Election Fem: provided to the Tribunal earlier. am reminded that, Mister Kl JAN. you have requeated various witnesses to provide testimony at this hearing. her purposes ol?this process. the peep-[e are referred to as witnesses and the statements from them would he considered testimcny. i will address each of your witness requests new. You requested the testimony oflJZAlR PARACHA address statements attributed to him in Exhibit R-1. which was read tn us earlier, the Summary of Evidence. 1 determined the request was relevant UZAIR PARACHA, through his attorney, has volunteered net to participate. Because this precess cannot compel the testimony of non?U.S. mtlitary witnesses, the witness is not reasonably available. You 31-er reqeeqted the testimony of to address statements attributed in him, also in the unclassi?ed Summary el? Evidence. R-l. determined the request was it Encloeure (.3) Page 6 of SO ?19(3) NatSecAct PERSONAL REP: (W l) lb)(3) NatSecAot relevant and FARIS voluntarily elected trI participate by providing written testimony. Consequently, the testimony oi PARIS is reasonably available. Another witness you roqucsrod was PARACHA to address statements regarding his knowledge of you being 31 Qaida, as described also in the Summon of Evidence. I determined this request was also relevant. SAIFULLAH voluntarily elected to provide a written statement; consequently, the testimony PARAC A is reasonably available. You requested the testimony of your Father, ALI KHAN to address statements attributed to him in the Summary of Evidence. .l determined the request was relevant. and KHAN voluntarily elected to provide testimony in the form of a written stateroom, and consequently. the testimony of KHAN is reasonably available. The ?nal testimony you requested is from your three brothers. MAHMOQB. MOHAMMED and AHMED KHAN. to address statements attributed to one brorhor in the Summary of?vidence. Initially, I determined the testimony from all three brothers to be relevant; however, because the Summary of Evidence concerns the testimony ofjust one brothcr. determined the testimony from that speci?c brother to be relevant. The attorney ol?thss brother indicatcil through written testimony that wotlcn testimony would be provided prior to this hearing; however, that date has passed and no tostimOny has been received through the attorney. Again, because this process cannot compel the tcStimoriy of non~U.S. military personnel. this witness testimony is not reasonably available. I will also make a time that the family was provided the opportunity to participate and provide their testimony by video While video teleconference is the equivalent of in-pcrson iestimony. they elected to provide written testimony instead. So in summary. you have requested ?ve or linesscs; IYMAN SAIFULLAH your father All and your three brothers, and AHMEE) KHAN. who l. treat as a request her just one oft-hose brothers. ?l'cstimony from UtiAlR PARACHA and one ol'thuse brothers is not reasonably availablc. and testimony from ll.l .A and your father. ALI KHAN. has been provided in writing and is available. And I do note that the Porsonal Representative has provided those various statements for" us to consider in this matter. We?ll certainly carefully ro?vicw those statements and consider them as we go through the dotemrination process of your enemy combatant status. With the witness testimony addressed at this point. we?ll now r-ecciv-r your oral statement. Sir, the Detainee htu; requested that the witness statements he read into the record. 0h. Very well. This is an appropriate time for you 1min that. Please proceed Mister~- Personal Representative. ii 100% Enclosure Page 7 of 50 1) NatSooAct (W1) NatSecAct PERSONAL REP: The first is from SAIFULI .AH PARACHA taken on 6 Aprii 2007. I, PARACHA. voluntarily make the toilnwing statement regarding MAJID for pres/entation at his Combatant Status Review Tribunal. i am p-teviding this statement tn the person identi?ed in me as MAJID Personal Representative. I make this skatement ("if my own free will without any threats or promises extended in me. The PR asked me to provide the following Your sun" your sun smted he knew from you that was a! Qaida. L- Did you ever teii your son that MAJID KHAN was 31 Qaida?.? ifnot, Why would your son say this? A pemm was introduced to me in Karachi. Pakistan used to five in Baltimore, Maryland area AMMAR AL BALUCHI introduced him with a different name. which i don?t remember. That person was identi?ed by the interrogamr as Mil.) i never knew MAJID KHAN was member (if Hi Qaida. 2. D0 you think. he may have been meme-d. tricked or deceiveti into saying this? 1 don?t know. [law did you know MAJID KHAN was a] Qaida'? Already answered as stated above. Describe any conversatiOn between you. your sun, and MAHD KHAN about any money being loaned to yum- business. I never had any conversations with MAIID KHAN regarding any ?nancial matters wh MAJID KHAN wanted to give your company hem-can $180,080 and $200,000 USD as a lnan. Where do you think MAME KHAN was getting the money to loan you? As stated above. 3 never discussed any ?nancial matters with MAJID KHAN. Did MAJID KHAN ever give you that loan? No. stated above. What was discussed regarding this loan? I never discussed above any [can as stated above. What was the purpose nf this loan? 1 newt di?cusscd any [man as discussed above. How were you going to pay back? excuse mt. hum were you gning to pay the lean back? As Stated above. then: was no loan transaction with MAJID KHAN. Did you ever feel like you had to perform tasks: for MAJID KHAN un Enclosure 1 Page 8 ofSO NatSecAct 51 (bill) 3) NatSecAct behalf of al Qaida? As stated above, there was no ?nancial dealing with MAJID KHAN, and I never knew his af?liation With at Qaicla and i am not aware of any tasks. I was told he had an issue with US immigration and wanted to keep his bank account in the USA active which -I asked my son to assist him with as a fellow Pakistani. Please describe your knowledge, if any, of association with 'l?alihan, al Qaida, or associated forces that are engaged in hostilities against the United States or its coalition partners. 1' am a business man and l' have a large business setup in Karachi, Pakistan. All of my business details have already been provided. 1 have no way of judging MAJID activities against the USA or it coalition partners at all. Please describe your knowledge. iftmy, regarding MAJID plans to commit terrorist acts. 1 have no knowledge about any errnr~~ any terrorist acts by MAJID KHAN. as also stated above. Please provide any additional information that you think may be relevant to the determination of MAJID enemy status. have no knowledge about Kl-lAN?s enemy combatant status. have been provided the opportunity to make any changes or corrections that desire to make- and have placed my initials over those changes and corrections. This statement was typed by the Personal Representative and reviewed with the. laf?rm these are my words and the truth as I know it. Signed and dated. Before continuing en with. IYMAN FA testimony. I?d like to point out that the questions presented to IYMAN PARIS were not presented to the Detainee prior to answers. Exhibit D-i includes the questions that the Detainee provided for his witness-es. Exhibit D-f, from the Dcparunent of Defense Of?ce for the Administrative Review oi? the ?le-tendon of Enemy Combatants. 'l You are being requested as a witness by KHAN as part ol?his presentation to a Combatant Status Review tribunal being conducted at 1.1.3. Naval Base. Guantanamo Bay. Cuba. 'l he will be evaluating whether MAJID KHAN is an Enemy Combatant. 'i'hat term. is de?ned as ?an individual who was part ofor supporting the 'l?alihan or ai Qaida forces. or associated forces that are engaged in hostilities against the United States or it?; coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid ofenemy armed Rimes." ISN 10020 Enclosure Page 9 of 50 (MM) (110(3) NatSecAct (blt?i NatSecAct MAJID KHAN has asked you to provide answers to the following questions. if you decide to answer the questions, your will be considered by the CSRT members as they evaiuatu whether or not. MAJ lD KHAN is an enemy combatant. Your participation in this process is entirely voluntary. Your decisicn to participate not participate in this princess has ahmiuttly rm effect cm your pcnding criminai case in federal court or the appcai of your convimion. The government is not asking yum to provide this it is MAJID KI who has asked yen to answer these questions. If you want to participate in this process. picase Write your answers in the RIM-- cxcuse me. please write answers to the t?oilowing questions in the space previdcd below. Questitms: I. in mid?2001 you had dinner and spent the night at MAJID family rc-Sidencc in Baltimore, Maryiand. You have Stated that MAHD spoke to you during this visit about the ?ghting and struggle in Afghanistan. Were you tricked, or deceived into making this statement? if so, please explain. There was no discussion other than religious duty and what he like to do in life, like work in canstructien and not in his father?s business because his father was involved in invest dealing. 1). Please describe the discussions had regarding the ?ghting, and struggle in Afghanistan. There were never any dis: ussion regarding the fight in Afghanistan.--cver. What was the purp?sc of this visit 10th:: KHAN residence? To invest in the family business 0f gas station, 2. You have said that during a later visit with KHAN, Kl IAN said hi: had met SHAYKH MOHAMMAD in Pakistan and MAIJD KHAN called him his uncle. You haw: .aiso said that ID KHAN spake during this visit of his desire to martyr himself against Pakisu l?rcsidcnt MUSIIARRAF nf Pakistan by dcl?nating a vest of inside a building. That is an absolute iic. a: Wen: yuu coerced. tricked or deceived into making this statement? ESN Enclosure (3) Page to if 50 (W1) NatSecAct DETATNEE: PERSONAL REP: (W1) ?30(3) NatSecAct WW NE of 1hc abnvc? He called uncle to my friend MAQSOOD, 1 did. 1). Whal was the {impose of this visit 10 the KHAN residence? Were you there to see MAJID was there tn- see his father which had a business dealing. 3. Wen: you coerced, tricked or deceived into making any armaments about KlriAN'? If so. please explain. Yes. by FBI. If i don't {all them what they wanted to hear. they were going 10 take me to GI 4 Please provide any other information regarding MAM) of, planning 01?, or participation in actimics of a] Qaida, the 'l'aiiban. or associated fumes ?lm may be relevant in determining his enemy combatant slams. i do not know m? anything as plan that he was involved, none Whal-sn-ever not he ever discussed "and then there?s an illegible or anyihing relating to Afghanistan or a] Qaida have no idea oi'his l, FARIS. state that the above answers an: my words and the truth as I know it. I was excuse me, I was not trickcd or deceived into providing these answered voluntarily and of my own wili without any pmmiacs being made. Signed and dated. 'I'here?s an additional nutc that reads: llc, MANY) KHAN, numerous :imcs told me he love USA and can?t wait in get the US. citizenship. i would also like 10 point out that an interpreter. linguist, or Translamr was no! made available in IYMAN when ah. when QARDEC Forward asked, excuse me. when 0A RDEC was questioned abuui PARIS The reply was, ?i it: spoke perfect tnglish." You said invest dealing; i thought i! was d?lli?g. [Speaking to Personal Representativu liar the Board. quastion lax; KHAN has stated that he believes it?s inicwst dcaling and net invest dealing. Ynu?ll see from the exhibit that it?s hard to read. We appreciate that. you. ?1 10020 Enclosure (3) Page ii of 50 bll1 NatSecAci NatSecAct W- PERSONAE. REP: The ?nal witness statement is from ALI KHAN. Similar to IYMAN the Dctaincc was not presented the questions prior to the witness answering. Statement of ALI KHAN: To the Tribunal. My name is ALI KHAN and I am father, lam writing this Statement on behalf of my family because the military will not let us travel to Guantanamo and participate in hearing. i ask the Tribunal to consider my statement, which has been prepared with help from my children and from our lawyers at the Center for Constitutional Rights bccausc have diliiculty with English. I have not seen my son in more than four years since before he was kidnapped from his brother?s home in Karachi on March 5,2081. Now I am told by military that my son wants to know said in March 2003 that he became very religious and dcchOpcd anti-American feelings and whether one of my other sons said that might hi: involved with al Qaida. and when did wc make those statements that you claim we made? Who did we make these statements to. exactly?? The has refused to give us this information. Anything we may have said about KHAN was simply out of shock because we only knew that MARI) had disappeared and was pure Speculation based on what FBI agents in the United States told us and pressured us to say. You want to know whethcr my son is a torrorist. the answer is no. As of l-?as [have said before publicly. i cannot accept these allegations against him. lfyou think that he did something wrong, Show me the evidence. Chargc him with a crime and give him a fair trial in a real court. This 'I'ribunul is not a real court. it is not a legitimate proceeding. It is only for show and the outcome has probably already been decided. After several years of detention, there are still no charges against MAJID. cannot sec any evidence or qucstion any witnesses against him And he cannot have access to his lawyers at the Center for Constitutional Rights, which he has asked for in letters sent through the Red Cross. Anvthing that may he may have confessed to, or that other prisoners may have said about him. should also be considered with suspicion because statements were probably tortured or coerce-d out of them. Under circumstances, how could anyone bclicvc what the government says about my son? What I can tell you is "that was kidnapped from my son house in Karachi, along with MOHAMMED, his wife, and my infant granddaughter. "they were captured by Pokism?ni police and soldiers and taken to a detention center ?fteen minutes from MOI house. The center had walls that seemed to bc eighty foot high. My sons were hooded. handcuffed. and interrogated. After eight days of interrogation by US. and Pakistani agents, including FBI agents, MOE-IAMMED was allowed to see looked terrible and ISN 5! 10020 Enclosure (3) Pogo 12 0150 (om) NatSecAct 55 NatSecAct WW very. very tired. According to sitid that the Americans tortured him for eight hours at a time. tying him in stressful partitions in is small chair until his hands. feet. and mind went They rc~ticti him in the chair every hour. tightening the bonds on his hands and feet each time so that it was more painful. He was often hooded and had difficulty breathing. They also beat him repeatedly, slapping him in the face, and deprived him of sleep. When he Was not being interrugated. the Americans put in a small cell that was totally dark and too small for him to lie down in or sit in with his legs stretched out. He had to crouch. The room was aiso infested with mosquitncs. This torture only stripped when MAJII) agreed 10 sign a statement that he was tint even aliewed to read. But then it continued again when MAME was unable to identify certain streets and neighborhoods in Karachi that he did not know. MAM) almost cried when he tn-ld MOHAMMED how he was accused til" lies?lying even when he was telling the truth. According it} MOHAMMED. MAJID was interrogated. and abused at a separate detentien center in a different He was taken there in the morning and brought back at night. Other urdtrinm prisoners ware transferred ti) and from there well. The i?ttkistari guards were upset by this treatment and alien let MAJID speak with when he got back late at night. After about twenty days of these interrogations, MAJID told MOHAMMEI) that the Americans had threatened to send him to Guantanamo. lie was exhausted from lack of sleep. A day or two later, was again allowed to set: MOHAMMED and told him that he was being sent to MAJID said he was not sure he would ever see his brother again and asked him in pray for him, After that, MAJ Ii) disappeared and my family had no idea whether he was alive. or dead until President Bush annOunced on September 6, 2006, that he had been moved from a secret Cl?t prism: to Guam-Guantanamo. to MOHAMMHD. the Pakistani guards promised that MAHD would never be turned over to the Americans and sent to Guantanamo because i?resident MUSHARRAF had a special dent with the Americans to prevent this. But this was obviously not true. Also accord-according to MOHAMM El). he and MAJID were denied in the same place-excuse me, he and MAJID were detain-ed in the same place where two of KHAIJD SHEIK yu?i?tg children, ages about six and eight. were held. The i?akistani guards told my son that the boys were kept in a separate area upstairs and were denied feed and water by other guard-s. They were ails-n mentally tortured by having ants or other creatures put on their legs to scan: them and get them to say where their father was hiding. The Americans also once stripped and beat two Arab boys, ages fourteen and sixteen, who were turned ever by the Pakistani guards at the detention center. These guards told my 5011 . it Enclosure Page l3 of Si] 030(3) (bill) NatSecAot that they were very upset at this and said the boys were thrown like garbage onto a plane to Guantanamo. Women prisoners were also held there. apart from their husbands. and some were pregnant. and forced to give birth in their cells. According to one woman almost diod in her cell became the guards could not get hor to a hospital Quickly enough. This was most upsetting to the Pakistani guards. At the time MAJID was kidnapped and thosr: were happening in Pakistan. our family?s home in Maryland was also raided by government agents. Our whole house was searched from top to bottom and our whole lift: was so disrupted that we eventually had to move out of our neighborhood. was also interrogated by the 'l?Bl agents for several days, as was each of my sons and daughters. We wore threatened and when we asked about lawyers, we were told they could not help 538. The FBI pressnred us to talk and to speculate about MAJID. They followed us everywhere we went for a long, time. requiring us to tell them in advance when: we were going and what we were going to do there. They followed its so closely that we even asked them for direction.? sometimes when we got lost driving. Despite all that we have endured, we have always cooperated and continue to cooperate with the government. At this point. the FBI has probably questioned us for hundreds of hours. think they have opened our mail and they seem to have place-d listening devices in our house, our phones. and probably our computers. They have also tried to vomit my sons to spy on other Muslims by bribing them with money. i am also not allowed to leave the country. But the government still refuses to Show us any evidence against MAJID. This is not right. We expect much more in America. Particularly because MAJID has political asylum hero and grew up and went to high school here in Maryland. He has lagal Slams in the United States. We are also deeply saddened that Prosidem MUSHA RRAF and the government of Pakistan would allow this to happen to MAJID. We cannot understand why they participated in his abduction and rendition from Pakistani soil. or why they do not call for release and rctum to Pakistan now. We can only assume that they do whatever the United Sta-ms tells them to do; this is not right. it is not lslarnic. We love very much and we summit him. Again. if he has done something wrong, he should he charged with a crimo and given a fair trial. But this Tribunal provides no justice. it is also cruel that tho military refuses to allow MAJID to see his family after sever-a1 years of imprisonment. WC would be allowed to visit him in jail in Pakistan. Why does the United States. which is supposed to the law and stand up for human rights, deny us this simple request? is the United States afraid of what MAJID would say? Someday we?ll" we will team] the truth about I if [6020 .. . . Enclosure Fag; (NH) (W3) NatSeoAct 1 57 PRESIDENT: PERSONAL PRESIDENT: DETAINEE: PRESIDENT: PERSONAL (bli1 NatSecAct what has happen-ed to my son. Thank you for considering my statement. {As read by the Personal Representative} Personal Reproseotatiw, does that conclude the statements that-- to be read into the hearing? {hat concluded the witness statements, Sir. The witness Very well. Mister MAJID Kl you may now make an oral statement to the Tribunal. and you have the assistance of your Personal Representative in doing so. I that you do have an oral statement that you wish the Personal Representative to road in. Is that correct? YES, Sir. Mister KHAN. it" you make other statements toda} would you ?lm to make those statements undcr oath? We do :10! require: an 01111:. but I Clo??would likt:-~ i would lilo: to offer that opportunity for you I am not in position to take an oath. Very well then. Personal Representative, when you are ready, you may proceed with the Dctalttoc?s statements to be road in, ORAL STATEMENT Exhibit D?d. MAJID rebuttal statement for Combatant Status Review Tribunal taken March and April 2097 by PR3. Mister President and Members ol?tht: Combatant Status Revicw Tribunal, thank you for letting me make a rebuttal Statement regarding the Summary of Evidence for Combatant Status Review Tribunal. KHAN, l) dated 8 February 2007. During, this entire statomcnt, I am bringing up other points of View regarding the evidence i am and refuting the authen? authenticity and reliability of the evidence presented to me and wilt-titer it Even applies to the de?nition of Enemy Combatant supplied to me in both the Combatant Status Review Tribunal Notice to Emmi?- to Detainees and the Summary of Evidence. Mr. lPresident, i am going to need to ask you to double check tho sources for the information presented against me. I guarantee you. will find ?aws in this ovidcnw. i am not an Enemy Combatant. I am not an extremist. ll Enclosure (3) Page l5 of 30 (mil NatSecAct 58 i (W1) (mm NatSecAct ("mm NaiSer;Act (W1 (130(3) NatSecAct (W1) NatSec-Act Paragraph A: Paragraph A discusses statements made by my brother concerning my associantw association with a] Qaida and transporting maple. irst of all, the paragraph states that his beliefs, excuse me, that he bciievcs certain things, but does not provide an explanation for this "belief. Additionally, Exhibit D~j Cleariy states that my brothers were extensively interrogated and pressured into making statements ahent me. in Pakistani euiture, the father is the head of the househoid and Speaks for the entire family. He states that I am not a terrorist. it is possible that the brother making these statements is the same brother that was kidnapped with me; His can. money, jewelry and other property was seized and his twoemontbold daughter and his wife were also in a criminal cell With If I don?t see any statements I made while in in the Summary of Evidence. then my brother statements s-houidn't he then: either. if it was MOHAMMED and he made the statement in. March 2003. Paragraph B: Paragraph 8 has nothing to do with me. have me: but i don?t have any knaWiedgc of his business dealings Paragraph has naming in do with the de?nitieu of Enemy Combaiant. Paragraph (3: irsL I weuid like to point out that to me, it doesn?t appear that there was a transiator made avaiiahte to IYMAN FARES when preparing his answers to the questions that i suppiied. It is true that FARES had dinner at my father?s house. According to IYMAN testimony, there was ?never any discussion regarding ?ght in Afghanisran, ever." i have never been to Afghanistan. Haw would i be able in talk ?about the fighting and struggle in Afghanistan?? As you can see from the testimony. I have never catied KSM my uncle. KSM is not my uncle. ?i'here was never any conversation between myself and FARIS about meeting KSM. When WMAN FARIS was asde to provide any informaiion regarding ?knowledge ef. planning of. or participation in activities of a1 Qaida the Taliban or assodi~~ associated forces that may be reievant in determining his enemy combatant Status" he replied. 1 de not know ui?anything as plan? ISN 3? 19020 Enclosure (3) Page 16 of 50 (W1 NatSeeAct NatSecAot Cb)? NatSe-cAct (W1) (b 1(3) NatSecAct it. said this statement should be enough to cox-er the question about my desire to commit suicide bombing. since the government never asked FARIS about it. i wanted IYMAN FARIS to deny his statements about the plan without feeding him the: answers. The following is pertaining to the evidence that I told i-?AlilS of my desire to martyr myself against Pmsidont MUSHARRAF of Pakistan by dctonating a west of explosives inside a building. Why would I icavc my newlywed wife who was mo months pregnant behind and become a martyr? In my Pakistani culture, if a woman becomes a widow. chances are she won?t ever ?nd another husband. Why would want to destroy my lS?yeamld wife?s life by widOWing her and letting her raise my daughter without a father? IYMAN testimony also states that he was coerced. tricked, and deceived by the FBI into making statements regarding me. He said he was told ?by FBI, if i don"t tell them what they wanted then they were going to take me to Paragraph (7 does not contain information related to being an Enemy Combatant. Paragraph 1): Paragraph 1) is not relevant and does not ?t the de?nition of Enemy Combatant. I never owned a computer or hard drive while living in Pakistan or the United States in Pakistani cuiture. many things are shared more freely than in the United States. Computers are household computers. Everyo-nt: in my family used the computer for of?ce work, entertainment, and intcmet sur?ng. My cousins and everyone Who came to visit us used the computer. It is possible when FBI seized our family computer. they intentionally put suspicious stu?' in the hard drive to link with the Other computers. During interrogation i gave all my personal information, including tit-mail addresses and hank account numbers with passwords. etc. A computer hard drive seized from a residence where munitions were discovered does not ?t the de?nition of Enemy Combatant nor doe-s that mean that munitions were at Qaida or Taliban rclatcd. It is. possible that agencies intentionally put some linkages on that driw: to link it with the family's computer hard drive. Do you have any proof that the modia boionged to me at time of my arrest? ESN t: toozo W: Enclosure (3 i Page of 50 (Wt) NatSecAct (him (W3) NaiSecAct 00 you. have any pruof that intelligence people didn?t alter the: family computer?s hard drive after my arrest to link mt: With some suspicious things? Just because media was seized when i was captured does not mean that media belongs to me. You have to give me bene?t of doubt, please. Paragraph Paragraph class not ?t in the de?nilian 0f Enemy Combatant. Paragraph 13 discussas alleged statements made. by my father. it is unciear from exhibit my father?s testimnny. that he actually said the things in paragraph E. My father said any statements provide by him were provided under the pressure from the: El. My father goes on in say that I am not a terrorist. ifmy mil" ii" my father said that I?ve became extremely reiigious and in?uenced by my relatives, who have anti-American thoughts, it is just his only cpinitm because it depends on how extremist or moderate or liberal he is himself. He thinks i am a emu an. extremist and i have anti-American thoughts. 1 know some people whu. in my opinion. are extremists, and they told me that i have pm~American thoughts. 1 have a religious extremist family member in Karachi. Fakistan. Excuse me. retract that. Having a religious extremist family member in Karachi. Pakistan. does n01 put me in same if this was the case, than i think my witch: family should be in Guantanamo Bay prison because this)! are also related- to tlirrm. if i was so anti-American}. Why would i help the catch an Pakistani immigrant named in mid of 2002. Certainly ai Qaids lovers would rather die than do what i did. After catching the l-?Bl called me to thank. to say thank you for your assistance. . It" i was an extremist Muslim. why would i teach computers to Muslim and non~Musiim for free in Baltimore mosque ?38 in 21.10 i Paragraph i" . The United States Districr Court ul?Ncw York has made me all Qaida. lam nut ai Qaida. To hr: 3! Qaida. a person neecis to be trained in Afghanistan and needs to take an Oath in from of USAMA BIN LADEN. have never been to Afghanistan and. i haw: tic-var met BL. i cannot possibly be a member of al Qaicia. i admit can?t pmve that lam not a! Qaida. it is very dif?cult to prove that surname is nm a! Qaida. ll shimmers) Page: nt??n (W1) NatSecAct NatSecAot The paragraph states that was the states to commit a terrorist act. The only reason they assume-d i was going to commit a terrorist act is oceans?: they made me al Qaida in the ?rst piace. "'l?hsir logic says I must be coming to commit a terrorist act. lam not a! Qaida. lam not an Efrem); Combatant. and there were not any terrorist acts. Pasagraph and ii: While visiting my new wife and family in Pakistan. my travel documents for return to the United States expired. As a fellow Pakistani, {he PARACHAS agreed to help. UZAIR PARACHA is innocent; hr is not. a criminal. One ordinary citizen helping another ordinary citizen does not make them terrorists. Getting help from a criminal does 1101 make me a criminal or. more importantly. an Enemy Combatant. Just because i wanted my travel document back. that doesn?t moss I was going to travel back to the states. Could it be that was going to get this travel document. not for me. but to help other refugees to travel on this document after manipulating a bit? This makes me a fraud. certainly not a terror-? {snorist or an Enemy Combatant. You have to give me the bene?t of the doubt because usually things aren?t what they samc~- seem. Paragraph I: UZAIR PARACHA stated ?he knew from his father" tits Detainee was a1 Qaida. in this statement. UZAIR. admits that i never told him that i was a] Qaida. SAIFULIAH PARACHA, father. admitted in his testimony he never said such things. He also said that there was "never a conversation being myself? between mys-eif, and his father about any money being loaned to their business. UZAIR also states in his court case that his father nutter told him that I am a} Qaida. Nothing no this paragraph or in this whole evidence summary. never once did his father say himself that I am at Qaida. What was his source to know that I was al Qaida'.? A?cr too much FOX news. I learned that to become at Qaida, a person needs to go to Afghanistan for training, and take a oath front of USAMA BIN LADEN for their cause. I?ve: never been to Afghanismx or met to prove it. I can take a lie detector lost. UZAIR him-sell? admitted that ?wanted? to loan 200.000 dollars to their business and to have the money liquid for short Please pay attention to word ?wanted.? never loaned any money, meaning no harm done. It is ciear from SAIFULLAH testimony and court case. there was never any conversations about money t: 10020 Enclosure Page i9 of 50 (Ml) NatSecAct lb)? NatSecAct being loaned and no money was luaned. The Enemy Cortibaiant dc?nitian clearly says ?who committed a belligerent actor has directly supported hostilities in aid of ant-my armed lbrces.? Meaning everything is in past tense. UZAIR also claims the only wait-9n i wanted to give him moms}! was "to keep the money liquid so could have it back at a moment?s notice. If] really wanted to give him mane)! for that particular reason. I could have sent mysell?money thrtiugh Hawala dealers, without even trace til" it. Or at least that?s what I learned from FOX NEWS that you cauld do. If I really wanted It.) loan him money, I have sent it in my family business so it would have at leasz benefited them. for at least some time. also said he ?felt? it was implied that he had to perform tasks for me Please pay attention (in word it clearly ghows that i never said anything to him abcml doing any task for me in the future regarding money. This isjust his feelings. The Enemy Combatant dc?nitinn docs n01 say anything about feelings. The PARACHAs have made it clear that there were no ?uture tasks. I had asked for PAMCl-lft ta be a for me. Hr: has denied answering my questiurts. Instead of using this agaimt me, it should go in my favor. if he was telling the truth. it would not have hurt him to con?rm all of his accusations. This should tell you that there is something fishy going on. The traitsnripts from UZAIR court case clearly states he was lying about me to the I still don?t agree with everything UZAIR said abuut me after a quick review oftlic testimony he Supplied at his trial. Everything is very centradicting in the transcript. To summarizc: if you read the questians to my witnesses, they are probably the same things you want to know about me. I am also anxious to know. How can they accuse mt: ofsuch things? '1 myself has asked, have asked them for the truth. i asked them to ticscribc how they knew certain things. asked them to add anything that the United States government should know about me without rm: leading them any answers About ten white lies have been proved wrong by witnesses. facts were against me. but now you know the truth. the Do!) lied and manipulated some evidence- and witnesses and present these facts. excuse me, and present these ta you as facts in the Summary 0f Evidence. There is clearly some-thing wrong with the avidcnce The US hiatrict ISN it $002!) tradesmen) Page 20 orer NatSecAct (W1 NatSecAct (W1 NatSecAct PERSONAL REP: PRESIBENT: PERSONAL REP: NatSecAct Court of New York has made me al Qaida. The FBI told me itch in February 2007 that the United States government hasn?t charged mt: yet. It has been four years. Can the United States government call mt: a terrorist and not yet. and yet not charge: me? What is stopping them? How can a heme owner in Baltimore, Maryiand be an Enemy Combatant? Haw can a pa?- who has passed a secmity c-iearance and worked for President Roosevelt?s Cnmpany, EDS, until 2002 he an Enemy Combatant? Haw can a pawn that paid $2.400 United States dnliztrs in tax every month to the United. States he an Enemy Combatant? Mismr President and Members Of the bDard. I am not an Enemy Ccmbatant. I would like to make a few quick comments regarding the questioning of my witnesses. The refused to show me exactiy what type ofquestions they were going to ask my witnass-cs untii they answered by my witnesses. But overall. we talked in general about what kind of questions were going to be asked. I did see the exact questions that were presented to SAJFLILLAH PARACHA prior to him seeing them. I am not fuiiy satis?ed with this whole tribunai but my Parsonal Representative has done a fine job "guiding mt: titrnugh the whole process. Speciai thank-s to my Pmonal Re?ne the end of these pmtzeedings, I would like to present to you ?my a?cr arr-est report" and I even caii it ?torture: report." it has Somt: facts about how the CIA, and DOD abused me. if ynu don?t want t0 hear the entire report, then at icast allow mt: to present you the summary of this report which is very short and to the paint. This "report is directly related to the Summary 01' Evidence due to the Summary of iividsnce coming from a combinatian of bath classi?ed and unclassi?ed sources. Ail of your classified infarmation is the CM- 'l?hes-c are the same who tortured me. Please read it before believing the government sources. These are my words and truth as i know it 'i'ittmk you. There are a few more statements that i buiicvc Mister Mister KHAN would Hits to be read in. Is that contact? Vest Sir. ijust want to cunfcr with the Detainee regarding, this Statement. Pieasc. MAME, do you want the entire statement read or the summary statement? SSH 10020 Enclosure Page 21 of SD (bxt NatSecAct PRESIDENT: REP: (W3) NatSecAct (130(3) NatSecAct (bx 1) (bll3) NatSecAct (till1 (W3) NatSecAct (blt'll NatSecAct (W 1 NatSecAct Two things ask you. The, if the President allows. the entire statement is about twelve pages and the summary is to the point. But the Smnmary really e?Xplain what really happened. I would prefer. if yen can allnw it. to read the whole report. It is more lntel but it's not tn the point, but I think it have to do with alt-~it have to do the whole thing because it has to do with the CIA and FBI and So, I tvnuld prefer the whole mport. And it's up to the Presidcnt if he it at not. We are cetta'mly going to read everything that?s provided to us and I will allow :0 have the whole thing read in. it would saw us a little time as far as all three of as hearing it at onetime. And again. we will also read all this material that is provide-d to us carefully and consider the matters regarding your detcnnination as an enemy combatant status. 30 at this point, Personal Representative. when you are ready. you may prOthcd with the ah?-l bclieve the written statement regarding his trsatntent. Exhibit D-b. MAJED KHAN Statement of torture for Combatant Status Review Tribunal taken March 2007 by PR3 On the night at 5' March 2003. I was sleeping in the apartment where my brother and my sister in?law and twwmonthv-old niece lived in Karachi-Karachi. Pakistan. At approximately we were all kidnapped by Pakistani Everything in the apartment, including expensive items, was taken into custody Very expensive clothes. expensive clectmnics. and money were all taken. am not sure if my family ever got any of it back. The: same morning we mare taken to the prison, started interrogating me. It is possible that when the Pakistanis raided the apartment wan: also present. but new: saw them that night; however, they were interrogating me within a few hours of my kidnapping. Additionally, when they raided my house I was never given any arrest warrant nor was I told of my rights. is a very popular rcstaurmtt in Karachi called ?the from of this ltmel is a prison. I think that is where thcy us. Even; momtng they wauld drive the cut the prison to an unknown location. I think this location was close to ?ill Defense" area. In there. there was a big bungalow once i saw a dark blue color BMW parked in the garage. Every morning they would take me to this house, prism, f?r interrogatiun and then hack it: the prison when they were done. At times, i wuuld stay at the interrogation Enter as king as ten days. Please don't mistake the: word bungalow to mean comfortable accentmodations because my situation was the complete uppusitc. They built a small cage outside the but Within the boundary of the: compound. X?s-hen I would arrive in ESN it team Enclusurc (3) Page 22 of 50 (bltl NatSecAct (bll?l) NatSecAct NatSecAct (bll?ll NatSecAct NatSecAot (bll?l NatSecAct 020(1) NatSecAct (W1) - NatSecA-ct WW this house. they would always keep me in this: cagt- unless I was being interrogated on the second ?oor of tho house. The cage was eight feet long and four feet wide. The top of the cage had two for light and the other for air. At night. it was so dark was unable to read the Quran. The dour of the cage was made of bars to help with the cross circulation of air. In the hm air a person is popped like popcom. Believe it or not. it was so hot that i would? when I would give my shirts to the guards to we! in water so I can wear the wet shirt to cool my body a bit, altar 20 minutes the shirt gets dry again. spent this ?ve woeks after my arrest in' I was told that my family members were released after a tow weeks. My sistcr in- is a very religious woman. a religious: scholar, She had just given birth, two months previous to her kidnapping. Her. the baby. and my brother M011 AMMED were kept in prison. I was in that house for interrogation. Just imagine how the people who can put a two~month old in a criminal coll would treat me during the interrogation. in the interrogation room. they would cuff my hands behind my back and make me sit on 'd small hardwood table instead of a chair. I would Sit on this table for hours. 'l?hey once: put a hood on mi:~ cuffed my hands behind my back. and Started punching and slapping my face. lam not sure how long this went on, but did see stars during daylight. swear to God the punching itself was not the problem, but out knowmg when: the punches were coming from. After ?ve weeks, was moved in 'l?he some process was used at this prison. They would take me from arisen to an unknown house and When I was done they would return inc. Once they got ugly with me by making me sit on a chair for thron straight days without any sleep. Believe me, they used all methods to mentaliy torture me, to instill fear, to make fun of me. They questioned my honor and my digincy-? dignity. They would curse and yell: they would trick me. and they would make me say things by using deception and leading questions. They would use evcry trick in the torture books. They even gave me the impression that they were human rights people or Red Cross to main: mt: say things the. way they wanted to hear things. i was moved to a prison after six weeks in lslamabatl. On or about May 2003. The Americans ?rst broke my eyeglasses knowing that I can?t Sec things or men?s features more than night fact from my eyes. Essentially, am blind without my glasses. They then ripped my clothes and searched my whole naked body and put their ?ngers in my rectum till I would scream in pain. To this day. 1 blood from my rectum occasionally. During the so called enema exam. they would put diapers on my private parts and taptd it with l! l0026 WW Enclosure (3) Page 21 of 50 (MW NatSecAct 66 (bl-l (bll3) NatSecAct (ll-ll 1) NatSecAct (bill) NatSecAct 3) NatSecAct (blm NatSecAct (W Na't-SecAct (bll 1) NatSecAct (bill) NatSecAct WW duct tape. A?cr this examination thoy put some clothes on me, cuffed my hands behind my" back, and my feet were shackled during, the Flight from The nrison was underground. refer to this as- In then: were ton to twelve medium?sizc cells in extremely poor condition. In March of 2004 this basement-~hasement was repaired. and they made about eight more cells and three more bathrooms or toilets. This is the location that Algerian citizen. KHALEI) EL MASRI, talks about 'l?hcrc were two sizes of cells. 'Ilte-rt: was no running toilet, no builH?n shower. no lights, no soap. no heater, no air conditioner. There was a small. window in the middle of the door that light would enter tl?trottgli. That window, however, was not open all the time. At first. there was an wide-rground window from which 1 could sec daylight. could not see any scenery or direct. sunlight. Even with the daylight, could hardly reatl anything. did not have my glasses, when I would drop something, i would have to search like a blind man by bending down and touching every part of the ?oor with my hands. One. old rug, blanket and pillow were ?lled with dirty feathers and the mattress was a blanket itself. Since there was no toilet seat, they gave us an Open container or bucket for our number one?s and number two's. I also got one battle of water. In the beginning, we were allowed to empty that container full of shit or pee once or twice. a clay. Until they were emptied, a pthSO? had to eat. 5123p. and live with that smell in his cell. After some time. i tinned protesting by going on hunger strikes to put an end to the inhumatm: treatment. The underground window in my cell Was wide open and only covered by a plastic sheet on the cold days if it was snowing outside and we didn?t have any heater. They would put a heater outside of my cell door. Eventually, the metal door would get and than 1 could warm my hands on the door. During the entire winter, 1 had to put me blankets on me all the time to survive. There was no hot water for ablution or showering on shin on snowing days. The food was as had as: it can get. We were allowed to take a shower Once a week and wash our clothes by hand every other week. There were two or three floors on top of mine with "some torture cells. They used to beat Muinhidcon. 1 used to hear them screaming. in pain every day at 4:00 PM. ISN ll I0020 Enclosure (3) Page 24 of 3'0 (bll '1 NatSecAct ?l (W1 (W3) NatSecAct NatSecAct (W1 (bll3) NatSecAct (W1 NatSecAct lb)? NatSecAct (W1 NatSecAct (mm NatSecAct (blt?l) (bus)- NatSecAct (blit) NatSecAct NatSecAct (bll 1) (W3) NatSecAct WW {bll3} the Americans too-ls: me to for three straight days, When they came to take me. they (lid the same thing as at the enema. diaper. naked. etc. This time they cuffed my hands behind my back and my legs and. took me out of the building by pulling me up by my shoulders and swinging me in the air. On my second day at. .1 can still remember the pain. The reason I. call this place the American Forturc Call is because the room and bathroom wart: American lacking. When we arrivedt they again pulicdshoulders and slimming me down the steps and dragging around with the from of my body on the gmund or steps. This left me bluody and bruised all ever my knees. farehcad, nose, and arms. Note: my PR refuse to take any writing from me in Urdu and made me translate and write everything in English. Whericvcr CIA used tn move me from one place. to another. they would physically torture me little here and there, like throwing m: on back on my facet Sometimes they would pm their knee on top nl?my throat until choked and couldn?t breath right. Sometimes? sometime my leg shackles were so tight and they would make mr walk until I reach. my destination. My ankles will bleed they will wrap duct tape around my head covering my eyes and unwrapped in such of way that some of my eyebrow and head hair would be missing. So let me came back to American torture cell 30 when I came tn this cell, they pulled my hands up and cuffed them. so 1 want be able tu kneel down and get rest for straight. days. meaning was standing for three days. And than they took my Cl?ll?tes off and took me to hathruem and dipped me it) full ice and ice water tuh. And then they hanged me back again, and this time they would throw cold water on me after ever few hours and right next to me they would turn fan. 30 days pass like this for straight three days. The warst in all, whim this whole thing was happening. American women was there watching. To me, as a Muslim. it was Wurst: than torture itself. So when they hmught me back to fur ?rst twu days I wasn?t able to stand on my feat because at? swollen and pain. So anyway. would spend next five or six weeks in pcacclully. All sudden on July 03 CIA came again and moved me an another locatimt, which I call 30 when arrived there ?rst. they - ll H3020 Euclusure (3) Page 25 of?? (bltt) (taxi NatSecAct NatSecAct 15-L-?i 6451001311 68 (blUl NatSeoAct (bill) NatSccAct lb)(3) NatSooAct hanged on: or pulled my hands up or make. mc~? mode mo stand. This was extremely small in. size, pitched dark, butt oak cti. again women interrogating me while was naked. like in American torture room. But only difference this time is that was hanged for seven straight days and while i was standing i used to poo in ?oor and was so afraid from this i did diarrhea while i was standing. his cell ?oor was so rough that my knees scraped and were? and were wounded whenever i try to rest on them. And when" and with that they specially kind of bugs in my cell. When they bile. they bite like mosquitoes. but that part wilt no itching for hours. But si'ncc my hands were tied and my legs were shackled. I could only son-am or cry without tears. And also. were western pop songs and Eminent, a rap pop sit]ch very popular in America, on extremon high volume, enough to shake the walls. and with that smell of my shit and poo in cell. etc. After six days the took me to tit-is torture bathroom cell for water torture again out this limo. not in tub but in large plastic. And they will throw large bucket of ice water on my face in a way until this water goes through my nose in my throat in my stomach. Also with lhat. they would throw large piocc of ice on my private parts from high above, me. After watcr torture. they movcd me to other small cell for few hours. In this cell my one hand was cuffed with ring which was attach with wall and that ring was only one and half foot above the ground. 80 this way a person could not strand-- stand straight nor lay down other than one side. So I was butt naked. ying down on cold rough ?oor. Then doctor came. asde him for his mercy and rcmind him of his religion. So he can give my hand. my one hand rest. But in. return he told to hang me back to complete seventh day. Note: meaning this. doctor was. supervising the whole torture proccss. Then told mo if I some write this and that in your handiwitin-g. I don?t remember what I wrote because after seven day-- Straight days. of no sleep, a person is practically hall" mentally sick and half physically dead. So anyway after seven days "they moved me to other medium size cell with only one dirty carpet full of carpet fleas and bugs, two bottle of watcr? one bucket for toilet. but this time alter seven days I got my clothes back. But music was still on. anti room was so pitched dark that could not even see my own hand. And whenever would go! up after ?looping. 1 would not know where is the door and whore I was. And to walk. I had to always touch the walls of the coil. Also. my hands were cuffed and legs were shackled for twenty?four seven. So anyway. I did my time like this for next two weeks. in pitch dark coll. 'llicn after two woe'ka. they Opened my light of the cell. 'l'hcn after few days, got Quran to road and then after few days they moved me back to ISN it (3) Page 26 of 50 (Wi NatSeoAct (bll ll (bll3) NatSecAct (bll?l) NatSecAct (m3) NatSecAct . NatSecAct (120(1) NatSecAct NatSe-cAct (WU) (W3) NatSecAct 1 NatSecAct (bll 1) NatSecAct NatSecAct. (W 1 (W3) NatSecAct (tam 3) NatSecAct b)(1 (mm NatSecAct (but) NatSecAct (bx 1) NatSeCAct Meaning from: July 2003 to August 2003, when was in During this whole time didn?t have toilet paper, toathbrush. pillow; blanket. and handcuffed and fact shackled far tweniyfour seven. As far feud goes, I would {cu will let ynu decide yoursch what kind 0f feud they would have given me. But i can tell you one thing that they used to serve us after every [bitty-six and than eight heurs. then thirtyosix hours. then eight hours. 'l'lterc were people there who never even got shown in six straight months, but by the time I arrived. than: was a new rule that persnn were given shower every ten days while guards were present in Showin cell watching you but! naked, with that they wuuld tie your one hand and one hand yuu would wash yourself with. NatSecAct When they move me back to from I it felt like heavier). Yet bellow. was thinking was hell. was better from: in all sense except it did not have any light in cell. So would spend next approximately eight to nincmonths in "without light in my cell and without watch. (mm) NatsecAct As 1 written earlier. even in things were better but we won: still inhumancly treated. So I guess 1 was protcsting in by yelling. "l'iien they muved mt: again from on April 2004, for only week before moving the 10 another location. ?50 i think April of 2004, was moved to unknuwn location from When they moved me. this time they did same thing again, what they did in -~cnema. naked diapers. shackled. etc. for very long plane: ride. Note: My Personal Representative gave me a copy of my Petition for Writ nl? l~labcas Com-us,_ which my lawyers 1i led?- ?lled it out for me in District Court of DC. And my Personal Representative pmmimd to use my Petition nl" Habeas Corpus for evidence in Front of Board Members in ?nal heating. 'l'hat is one reason I have decide to work with my PR and to attend ?nal hearing. Ok. So the location, in my upiniun. was somewhere in So i call it The first thing they? thing they did when I arrived there was to take four pictures of mine, butt naked. then put me in one cold cell. butt naked, for twentylour "hours, The cell wa: large and had running hot and celd water with toilet seat but my shower in the cell. Titty used it; give us shower once a week. First, naked in bathroom far shower? but after pmtest they start giving me shower shorts. Slowly. they start giving me basic amenities like watch. blanket. pillow, etc. The biggest problem was that for the-? For ?rst four month they chained one leg and tied that chain with my ?our ring. Sn twenty~four seven I had to drag that chain with me, fl [(3020 Enclosure Page 27 of 5" (W1 NatSecAct 15-L??l 645100011 70 4 (mm NatSeoAct NatSecAct NatSecAot NatSecAct NatSeoAct no matter what do in my cell. Chain was long, hut not long enough to reach other comer of tin: Coll. First four months survived hoping things will get better. but it did not. For example. month passed but never saw human lac-c nor talked to myone hecaus-e guard wore black mask and they would not talk. i decided to go on hunger strike for ?ve weeks. During the whole time of hunger strike, the same doctor who torture me oiled all kind to torture mi: in name of health reason, or to make'me eat my min or break my hunger strike. First thing they did was to move rm: to - So doctor would feed mt: through nose and to humiliate me and to do savor-up on strike. He would put tithes in my rectum and put lot of food in it, so would use toilet bucket right away. and than he can lie in his reports that the food just came out. is the food tliatjust digested after nose loading. 30 for four straight weeks he nose fed me once or twice in a day and then torture mc- and to torture me more he would stab me with needle to put Fluid in me through NS and rectum feeding on only reporting hours or days to do cover-up. To make me hrcak my hunger strike. he uaed every method he could. think of. For example, he used regular 33.22 hose in my rectum and turned on the: water from the faucet. Or he used the sharp. the beginning of the tube and with that he used to rub hot sauce around the tube and than he would nose feed me. Because of that. my nose and throat would got injured. and 1 would cough for weeks. 30 was at-- was on hunger strike for wholo month of Sepmmb?r of 2004 and first week of October. First three weeks were only nose feeding, than last ten days of Set) of 2004 doctor got ugly on me and did whatever I wrote above, but with that he took my Quran and he handcuffed my one hand with ring which was built into the wall, so I could not stand straight. could not roll {war while lying down. I was like this for two tiraight weeks until I broke my strike. Remember this is which was only sown feet long and ?ve feet in width. Only om: mattress and toilet bucket and one bottle of water. The whole time of strike. especially in last days, they would net let me sleep by making all kind of noises. After breaking my hunger strike in October of 2084. they moved mi: from Them slowly they Started givmg me my amenities hackjust like when I arrived there for ?rst time. But then? but this time. instead of chain on one leg. they put shackle on both my feet for the next ten months twenty-four Seven, seven days a week. But at least pchOn mold walk around coll. So in tad of November, I would go on hunger strike for only one weal; and then a?cr nose feeding i broke my strike. One day guards lied that on December Wm. 04. tried to put socks in my toilet seat to Stop the toilet ll 459W (3) Page 28 also (W1) NatSecAct 71 NatSecAct (blU) NatSecAct (bill NatSecAot (bit?) (13KB) NatSecAct bll'l (MB) NatSecAct (MN) (MS) NatSeert (bll?l (13KB) NatSocAet (blm (W3) NatSecAct (bll?l NatSecAct (W NatSecAct NatSecAet hole. For that reason they moved me to until January of 2005, but this time i cut my foot nerve or vein with sharp plastic on December 25?, 04? Doctor had to put stitches. and to punish me he put diaper on me and took everything out of my cell even toilet bucket itself. And taught me lesson. They turned on the air conditioner on freezing level. For next two weeks, I would be froze to death. So on December 04 i decided to go on hunger and thirst strike. After four days. i was dry as hell. Then he had to put [V?s and start nose list-ding to keep me alive on December 04. asked that doctor, ?why do you torture me?? He said. ?because you are limiting terrorist.? So anyway, my worst day in was Decenther 31504. They had to send some kind of report that day. Since was not eating that day, they had to maize sure that food go in and food come out, to do cover-up as for formality to send clean reports to Washington or to whoever. So ?rst they put so much food in me, through rectum, that I didn?t have any option but to dump it out or use toilet bucket. Meaning one problem was solved, meaning that food was digested. Now on another thing was to make sure food goes in and stay. They nose fed me, but this time I threw up by putting linger in my throat. So now that was the big problem for them. So now they decided to feed me again. but this time they put me on one chair, hands on back cuffed, and taped me and my whole body with duet taped. Even choir itself was attach with floor and then they used?- then the}: overtloseti me forcefully by shot. injection. So I passed out until they sent reports but since I was in so much pain. I get up in pain and go back to sleep, then get up, then back. to sleep. So broke my strike next day, out they still ltept me in cold, freezing cell for another week or so to teach me lesson. i think on January 05 i came back to "and was pretty much quiet until March. Then end ol?March. lent my wrist and almost artery. So then they moved me back to this time liar whole month of April. Hence, after every? month or two months did some thing that they had to move me back to to teach me a lesson. On or about April 23'? a dentist did something in my mouth that he wasn?t supposed to. i think. Approximately fourteen months after my arrival in they made a new rule that a person could not be shackled in in his cell. aft-er that time, changes came. There were no books before, then over thousand books came in library. They build indoor me. Then February of 2006. some big changes happened. was given portable DVD player, Gameboy. electric sudolto book, electronic Qurame book, poster, little better food, movie night: etc. Not once abuse those mnenities to break or hurt myself. lthinlt from May of 200-5 to August 032006 never went to hunger strike more than three days nor I spent more than ten days during this whole time in When CIA treated me with respect. 1 did the some for them. But even after-- but even then, i never had chance to feel fresh air nor saw a - ll mm . Enclosure Page 29 of 50 (bltt?) NatSecAct (bll?i) Na-tSecAct 1) NatSecAct (bll 1) NatSecAct (W NatSecAct (W1) NatSeCAct (Nil 3 (MG) NatSecAct NatSecAct sunlighl. Then on May l5?, the}: built small euidcor with baskelball hoops. The real lisell? was cmered, but they made a hole five feet long and three feet width, which {could were sun a?er years. mu: allowed 10 g0 three days in a week for about one hum. Another thing I would like to mention is that when was in Jail and since. I was innocent. didn?t know anything. I refused in look at any pictures or cooperate with fur mom than eighteen months. but they still kept me in so~callcd intelligence gathcri m; facility. One more thing i would like 10 mentiun is that, since my arrest. I?ve communicated with mom than {an prisoners, and ?ve I kn ow for sure even gel rclcascd. So, please tell me why :m'u kept me and keeping me in mlitary confinement without access to outside If I had some kind of secret message. I probably have passed those messages through pcoplc who got released. For me, things got better after three years. and just six more passed 1 am brought to Guanlanamo Bay. Cuba. I swear to lied this place in some sense ways! than CIA jails. i am being mentally torture here, jusl like in when I had arrived there. Beferc they brought me here, they look my naked picture again in Then I think September 5th. 06 we came here after long. painful ride of plane for more than thirty straight hours. Eyes were covered, ears muffcd, hands and feet shackled, etc. When ask them why so much long ride, they told me because of security reasons. But if they really wanl to secure the route, they could have put us Mach live jet arid moved us anywhere in world in few hams. Since gm here. I have tried to cut my artery which goes through my elbow. on January and again on February 07 I went on hunger strike for four weeks on January 07. and lost almost min}! pomds. And I have already Spent two and half month in discaplinary status withnul comfurt, incentive ilcms. and sometimes; even withnul basic items. On 23 November 2006. wrote on my walls, ?Stop torturing to Inc?- ?lop torturing me; I need newspaper. my lawyer and my mail. etc." I don?t with them until. they would [real me as human and until {hey would stop mentally torturing me. In my Gpinion it was on luly-- it was in July 2006. 1301) look over the place of and CIA left the building. 3121 Del) me again after fourteen months in u: punish me for three day all together. They even limk away my Quran and all basic amenities. and they shackle-d my legs and chainc? my shackles lhe ring in 111:: wall Meaning was able to stand but could not walk at all. My crime was that i was yelling inj it 1092!} Enclosure (3) - Page 30 of 50 (bll 1) NatSecAct 1 73 (5X1) NatSecAct N-atSecAct (W1) 3) NatSecAci N-atSecAct (taxi) NaiSec-Act (mm NatSecAct (W1 NatSecAc-t WW My real problem With this administration where 1 am staying right now, {hat thcy are canan and some of guardsa supervisors, and manager who may be DOD contractor today, but. they were the same pcopic in prison. They are doing things in me here which they couldn?t do under M. To prove in check ihcir pro?les Wham they were worii mg for past few years. was me person. we called him He wnuid n01 allow any guard to abuse me. but i1 took me awhii-e to get his lmsi. So they were afraid of him, That is why i never went to I for fourteen for any punishment. Just n?er he ie?. wiihin a week, they moved me 10 Mice. Since these guards managers hate me and no. to protect me or a: least to hear my side of story, that what caused me to do or they call it act om. The}; are gettcna? getting even with me here under DOD. and making me suffer by mentally innuring me. They know my weaknesses-?what drive me crazy and what doesn?t. When that. gave me portable DVD playing Gameboy, electric Quran book. electric Sudokn bank. my own Head and Shoulders shampim. my own Did Spice deodorant, wail map. markers, craynns. candies. ?ve banks in heap any time ofa day. cool magazines. etc. never even thought of hurting in straight eighteen months, meaning 1 never him myscif?a?er March of 2005? even when I had In OW) or glass. etc. in i-?oiiumng paragraph, I am writing some facts abnn! DOD and how they are abusing their powers, and {here is my check and baiancc system. Even the docwr. medic, and Navai people are in this together. meaning that they are manipulatan and corrupt. "Him: is extensive torture even for the smailcsz oi?infraciions. In mid at" September 2004. they took my main rec privilege for Two weeks because i only wrote my name on uutside dirty dn-nr of main rec with my ?ngertips. In mid nf September 2604. I mar some notepad papers, which suppose?- which was supposed In be trash news. They said i broke the ruin; 1 refused to give my notepad away to guard. as a punishment To repeat, in mid September 2004 I {can some nottpad papers which was supposed to be trash 1101.65. They said 1 broke the rule; refused 10 give the notepad away to the guard. as a punishment, because in my opininn I didn?t break any rule. They Ib-rcefuily took ii for [We and half i gm it back on Dneemb'cr 31?, 06. To punish me more. they ail my incentive izcms and comfort items fur few days. which in my opinion, they can? do that unless camp icad-ership writes an of?cial letter explaining me i :1 writing that for what reasons they my items {or and for how long. Nate: When camp leadership steps in. they put a person in eilher disciplinary status 2 (D2) or disciplinary slams 1 (m in discipiinnry status 2-: 1055 via? comfort. incentive. and same basic items, inns nfjninl-rcc. ui'cnmmunai rec, loss f! [0020 Iinciosurc Page 31 of 50 1) N-atSecAct NatSecAct of main and ?nger food. And disciplinary status- 1; loss of all comfort and incentive iioms, and loss of joint rec and main rec and dominoo needs to wear orange color clothes. On October 06, 1C RC gave: mc my only daughter pictures which was born after my abduclion. left my will: pregnant but didn?t know the sex of the baby until ICRC 1016 me about her. So anyway. when tool: this picture and came back to my camp building. the guard forcibly took it from me. Then I went crazy and yelled for om: hour and they ignored mo as if they didn?t know 1 was yelling and waited until they can send their reports; until next day. till) PM they look all my incentive lie-ma- comfort items. until ()ctober 06. Again. they can't do this. ?1'th ?:hould have put-?they should have put me disciplinary status- since each they put mo disciplinary Status they have to report to camp leadership, and they didn't wanted to do {hat because then they had to explain why they took my baby pictures, etc. On Bomber 2006, i won! on thirst striko. Each time i refused to eat, they slowly took my incentivo and comfort item one by one. Until Ibrokc my strike and the some night] got my stuff back. mowing on 25~? on October 25m, no. (in November 06. they gave me new wrong prescription eyeglasses to wear. Also wrong frame which don"t ?t my hose. loo-k it and when i try to wear it, they made my eyes hon and head spin. l'hc prescription was way off. They knew am practically blind with-out my glasses and knew exactly how to hum me. Anyway. so i didn?t wear it. I kept?? i kept wearing old one. the one i am wearing right now. After four days, they forcibly rook my old glasses and made rm: wear new one. but 1 promer and :hen i got it back next day. On November 13m, 96, I tore a disposable cup and playing card. oovcr Io throw them away as a trash. but guards again took my incentive and comfon item without CXplanaiion. Then i decided to prom: on November or}. I refused to rcturn breakfast tray and they ignored me until 1:00 PM and they didn?t oven give roe my lunch that clay. After 1:00 PM, the guard came forcibly insidc my cell. mayor gave me a chance in he shackled down on my own. I never refused to ho simoklcd; they just came. in with eight guards and took me to main run: and forcibly shaved my board In humiliate ms: and offend my religion. While they were shaving my board. the female Navy head of was watching she whole thing. Then {hey put me for ?rst time in orange clothes and threat: days of disciplinary two and another three days for disciplinary status one. Nam day early in the morning. they moved me from cell 813 to cell A 6. This coil is attach to main rec door?s wall. Somehow it is easy to do cover-up on ESN #3 [0020 fin-closure - Page 32 of 50 NatSecAot (blt 1) (W3) NatSecAct Alb because il?l do anything unusual they make main rec occupied as if A16 is occupied. Since A16 and main rec both lint-ted to same wall, it is somehow easy from them to manipulate Alf) to main tee activities. The second reason they moved me to A16 is because to drive me crazy. Whenever they close main rec door or whenever they play games with main rue door, it just make big out loud noise in my cell They have since moved me to A14 0116 April 2007. On November 06. wrote on my walls stop, ?torturing me. I need my mails. newspaper and my lawyer.? ?i'hen they put me on Di status for only two days. but took my writing pen for tum weeks. they cleaned my walls the some day, but some marks are still there. This happened in cell Al 6. On January 07. was on hunger strike way before than this date. but they of?cially put me on strike on January 2116. But next day, to make me eat my own. they left me with only basic item and no sunlight and fresh air until I break my strike. didn?t break any rule; I was just simply practicing my rights by going on hunger strike. Anyway. dam passe? like this. but eventually i got frustrated and chewed my artery which goes through my elbow on January I 07. But i never broke my hunger strike until January 07, after they tricked me or lied to me. On January 1 07, 1 also refused to get medical ass-isolate. by giving them vital signs. because was told by doctor that i hard right to refuse to get medical assistance. But they never told me i have no right of mfm-i? when i am on hunger strike, but hy then it was too late. But anyhow. i wanted to be dieeiplinary status cause i had a feeling that this administration is doing cover?up on my strike. was hoping when camp leadership steps in. they will know that I am on hunger strike and maybe they will come to talk to me what my problems were and why I was on hunger strike. l?he reasons I was on hunger strike is that wanted to go back to Pakistan or charged. Until then, treat me with respect. like C113. did in 1351 ten months befom my arrival. lmerl found out it was camp leadership doing the cover?op. I was told by ille head that the maximum 3 person can get in Status was six days. So knowing all the consequences. i decided to refuse to he shackle-d and refused to give my vital signs the next day. But in return. they put one IV in me and forcibly shaved my beard again, but again they still didn't put me in 1) status, ?l?hen again, next day. I refused to be shackled and refused to give my vital signs. But this time I ?nally got in 1) status. but three weeks in DB status and another three weeks in status. instead ol?six dots. i got six weeks in status. if 1 had known that, if they didn?t lied to me. I would not have refused to he shackled. Note: They clearly lied to me. They could have always taken me vital signs from d-oor?s window without coming in my cell. But they wanted to make this diseipllnary issue so they can put me in Slams. Meaning I was on disciplinary states not because refused to get medical assisttanee but I it 10020 Enclosure Page 33 0150 NatSeeAct 1 {Si-164510001176 (bll 1' (OMS) NatSecAct because I refused to be shackled in my cell and the: only reason refused to be in my coll because i wasn't cooperating with medic because was on hunger strike. Now if you chock the database and the last report of disciplinary status, it doesn't say anything about me refusing medic because if it did then they had to CXplain why and everything about my strike. All i am saying is that they did. the swamp on my strike by making- it as if I was only dieting or since they tricked me to go to D2 status for long time because tho}! were suppose to give us ?nger food which is very low in calories and carbohydrates, etc. And because of ?nger food 1 lost more than twenty?vc pounds. But in reality I was on hunger strike. Wizcn was on hunger strike. they forcibly put le with potaexium. glucose. sodium. etc. This loll three big bruises for about two weeks. 011 January 07, i broke my strike because tho}. trickod me by saying that a team from Washington is coming to meet you specially and gave me an impression as if they at: coming to talk to me about my issues and strike or even my lawyers, but actually they were FBI to whom i refuse to talk to very next day. Beforel write farther. let me tell you why they do these things 10? me. It?s not entirely their fault; it just that. I don't cooperate. volunteer, ask for things nor give my things my own. Since i don?t do anything-- to repeat, [Personal Representative starts sentence over.) since don?t do any above things 1 Just mention-ed, they have to do cover-up or make it as if I?m cooperating. Now am not cooperating. they got to at least make sure I don't act out or 1 don?t do some unpleasant or unusual things. ll". For example, i do unusual act. [hon they need to see me cooperating with motile, voluntarily giving or taking things my own. lit-hat doosn?t work, than they take my amenities. one way or other. to do cover-up on that unusual act. if that doesn?t work, they would put me in disciplinary status and take my personal belongings, shave board or take my blood test or see mt: in pain or give things from inside: my body, like body weight, etc. Another option is to make that unusual act of mine. like yelling, not eating. my complaints. at normal act. To do that, they will make sun: someone else will do the same act. For example. ifl yell. they will make sure some other Detainee will also yell. The very last option they have is to take me out of tin: building for administrative purposes or for medical purpose. especially in reporting hours. Nat only that. to make this act itself a normal act, they will take couple more Detainees with me to other building. as if it was a routine process, just ?lm they did on January February 01m, They don?t do this every day. They only do this on special reporting, hours. ll Enclosure (3) Page 34 OFSO lb)? NatS-ecAct 645100011 77 (bli?i) NatSecAct (bill) lb)(3) NatSecAct . . days. weeka, and even month. Anyway. they have a thousand ways to make sure as if Detai 11cc is volunteering and everything i; grand to gu up here. February 1,07, the did semi: filling in my moth. but she didn?t do it right I will be: in pain and so i will get painkiller?.- from medic. So it will scam like 1 am cooperating and working with medic. Bu: when my pain got worst, instead asking for painkillers, yelled and finally' she did re?lling on {*6me 18m. 2007. February 23,. 07. chewed my artery again. Medic cicancd my wound. February 2-- February 2336. 2007, gal my stuff back after six weeks. February 07. they took some oi?inccmiva and comfort items, telling me thak they are afraid as, if I am going to hurt and they returned them an March 2007. But never put me in dissiplinary status. Some Facts How ?l'hey Are Mentally ?l?unuring Ila: 'l?hey them self use the best kind of stuff but may give us cheap branded, unscented deodorant soap to wash ourselves with. Also, same goes for shampoo. iaothpasw, and deodorant. etc. 'i?lns camp gives us only twelve to lbuneen pages 01' newsletter only once week. M031 of the stuff is crap; only few pages are worth of reading,- it In main r-cc no weight lifting machine, no toilet, no sink, na lumps: and even bails them seli'havc air in them; lhey hardly imunce. in end of January 2007, they brought a big fan which makes noise. which makes noise than product; air in main. hall. It drives as crazy. They have since turned the {an offend have been moved 10 A19 cm 6 April 2007. The fan itscif is still there. They knuw haw we feel abnu! family members. They intentionaily make our ICRC mails delay- venuvcry delay in so cail censorship issues. We may get (me hour of communal rec and only one hour oi" main rec per day, 2 books per weak, and that?s it. No mind siimulations. no solitary games. nu DVD players, rm enle'riaimnenl. and you know how small and cozy our cells are in size it has biz-cu seven menths like this. no improveman in the end, any classified information you have is through or American agencies who physicaily and mantain tortured me. So please. bcfm'e making any decision an me, please read this report of torture and. . - 11 10020 Enclosure (3) Page 35 of 58 (W 1- NatSecAct 78 PRESIDENT. PERSONAL REP: PRESIDENT: PERSONAI.. REP: PRESIDENT: PERSONAL REP: PRESIDENT: 1.) NatSecAct then think if these people can go "that far and how hard it is far than: in make something up. especially a?er using modern technology and making fake Stamp. passpu?s. documents. and by having computer hackers linking me and my personal infunnatiun to terrorist org-animations, etc. affirm these are my words and the truth as 1 know Pcrsona-l Representative. thank you. There is one additional statemcnl, Sir. Okay. Befnre we continue, I have a question. The: title of this document says it was taken on March 2007. There?s no sneezl?lc date, And then at the end, it was certi?ed as dated the 15'? ul? April, whit I would assume, current me if I am wrong. that?s the date it was ?nally agreed by yourself. Mister KHAN. that this was accurately what you had evidently pmvidnd in written form same time in March. Is that correct? Step by step. Eventually I added a lot ol?lhings. Mustly add the last part. Wen the summaries itself, a few days ago All together, yes. I just signed today. Understand. There are some references to speci?c uays that you were making the statement and it was unclear in me what date that was ill?March ur?- or April, so. understand now. thank you very much. Personal Rapresentativu, there?s number document? That is correct. Exhibit 0-8, excuse me, Exhibit the photo of MAJED daughter. The back (3me photo reads, my daughter-- Excuse me just a mnment. have that. in from uf me now, thank you. To repeat, the back uf the photo readsi my daughter MANAAI.., she is three years and three months old in this picture. She is my only daughter, but never even talk to her. Yqu decision today may nut only affect my life, but also others too. So please be careful. ls there anything else? would like to have that summary as well. In read ll. ll'pnssiblu Does it contain the same infotmation that wasjust provided? 1 think there?s something just a few lines may not be. It's just a couple of pages. Detainee is searching for document] In a three-page d-ncumunt. Exhibit 10026 Enclosure (3) Page 36 of 50 NatSecAct DETAINEE: PRESIDENT: MEMBERS: PRESIDENT: PERSONAL REP: PRESIDENT: PERSONAL map: (Ml (ans) NatS-ecAct (bll?ll NatSecAct Yes, Sir. D-c. it?s really. it?s ah~- it?s. right to the point and it actually, the whole rcpart doesn?t tall you for how long. l'cr how long i was in that. i will certainly appreciate your allowance; it?s only really shim and it?s only a couple of pages. If pussible. illicit-- I?m willing to hear it. but I?d like to ask the other ribunal Members if may need a brtrak at this time. [Indicated no.1 Okay. We?ll take the time to haw it read in. please. Personal Representative. it"ytiu wili. Just l0 reiterate, there are points in the Oral summary that are not comain in the written summaiy. So the written report that was just read, there are additional paints in the in the oral statement. Yes. am looking forward to hearing those. yes. Exhibit D~c. KHAN Oral Statement ofTorturc Tb: Combatant Status Review Tribunal taian March/April 2007 b} PR3. Mister President and Members of the Combatant Status Review Tribunal. thank you for letting me make a statement regarding the torture 1 received after my kidnapping on the night ?if 5 March 20m, On 5 March 2003 my brother MOHAMMED, sister?in?law, two-month-old niece. and were kidnapped than my brother?s apartment by Pakistanis wiihoui any arrest warrant. In March 2083, l: was hooded and the guards punched and slappe? on my face while I was hooded. Additionally, I was paurly treawd and humiliated. In April 02?2003. I was pearly treatad again, mentafly tortured. They cursed. made fun of me. questiimcd my dignity, and they made mt: sit on one chair without sleep far three straight days. In May 2903,. was dipped in a tub 0f ice water and made to stand far thrac straighi days. butt naked, and than wary few hours they would throw ice water on me and turn on a fan blowing directly on me. liven woman were watching the wltD-ii: thing. ln July 2003. I was forced ta stand for seven straight days in a pitch dark room. was thread to urinate and defecata while standing. During this time Simultaneous Communication Interruption . if 10020 Enclosure (3) Page 37 also (bill ltd-(3) NatSecAct (bll 1) NatSecAct NalSecAct NatSecAct (W1) (mas) NatSecACt (130(1) NatSecAct (bll 1) NatSecAct was water tortured again, again butt naked. Additionally. women interrogated mi: and was constantly being bitten by mosquitoes and bugs. All together I unis locked in a pitched dark room for approximately four weeks without tuilct paper, without blanket and pillow. and my hands and feet were shacklud the whole time. for eight t0 nine months. in out: cell withqu light. withuut watch, without toilet seat. wuhuut slmwer in cell, withnut heater or air cundiliuning, and without map, etc. In three ynar's I never saw sunlight except for a few hour-s all together. For seven days a week for fourteen months, my kg; were either chained or shackled in the prison. After three and a half years, I ?nally got my own shower in my cell, here in Cuba. 1 am practically blind witlmut my glasses. 1 ?nally gm glasses alter two and half years. or the past four years, I have bean in solitary con?nement. They malt pictures at? me naked. In the prison. .l spent one month in a call all together when- one of my hands was cuffed to a ring embedded in the wall I wasn?t able to stand straight. walk. not could change sides while sleeping. in I they handcuffed me to the back of the chair and wrapped dud tape around my body and chair and they overdoscd me for more than eighteen hours straight. They forcefully shaved my beard. This even. happened at Guantanamo Bay, Cuba. In the doctor put a regular. size huge in my rectum and turned on. the water. This was done to make me break my hunger strike For weeks. 1 was frozen to death in an extremely cold cell. After my arrest. Allah blessed me with only one beautiful daughter, but 1 have still been unable tn talk to her. Since my arrival at Guantanamo Bay have been when: communal r534 44 10920 (3) Page 38 ufSO N-atSecAct DETAINEE: PERSONAL REP: NatSecAct recreation for eleven weeks all together. i have had my board forcibly shaves twice. On two occasions I chewed? chewed my artery and three times they have made me wear the pmtectivc suicide.- prt: V?niion smock for days. For three weeks. i was without basic. incentive. or comfort items. For nine weeks, I was with-out incentive or comfort ilCmS. i-?our wee-its without sunlight and fresh air. Four weeks straight i went on hunger strike and 105: twenty-?ve pounds. They put nine bags 01' Ws of sodium. potassium, and glucose mix. forcibly in my arm. It left big bruises on my arms for weeks. i was threatened by the medic: with nose {betting when: thcy would strap me in tt speciai chair that aiiows nose? no movement at uii-~ at at! for more than ten straight hours each feeding. Then: are many more abuses. Pleas: read tort? the report of torture that my Personal Representative has provided to the Board. My statements are 300% two. I can take a lie detector test and i' tried to prove in my reports from the fact that these statements are 100% true. i af?rm thesis are my words and the truth as know it. Mister President. the quotations that i wrote to my witnesses. at some point if you allow that. i. want that to be roadod because these other questions are different from what you guys asked. in that case 'i will be reading them sh-- we witi be reading them in written form. The matters regarding your witnesses have been pretiousiy addressed by myself. Making sure that they are contacted and known of your request, it?s ail been matters i' have addressed prswousiy. Certainty wo?li consider those questions as well as the responses that we have received today. Anything ciao. Pcrsoriai Representative? No. Sir. Very welt. At this point i wouid like to take a recess. We?ve been provided considerabic mount of written matsriai to review. We are going, to ht: in this building for a little bit of time, i?m going to ask that the Detention Authorities give you a comfort break as weii, Mister KHAN. Okay. {Spoken in a very low who] [0020 End-(mun: Page 39- oi 50 (bit 1) (13(3) NatSecAct 6451130011 82 RECORDER: RECORDER: PRESIDENT: PERSONAL REP: PRESIDENT: RECORDER: PRESIDENT: (bll 1) (bll3) NatSecAci Wt: will reconvene: allot we?ve completed this and depending on othcr matters regarding lunch. we will let you know as men as possible. 1 hope that we can reconvene shortly. Recorder. pioasc note the date and time of when we will go into recess. The time is 10:49. The date is 15 April 2007. This Tribunal is now in recess. [All personnel depart the room] All rise. {All personnel return into the room at 13:? This hearing will come to order. l?leaso be seated. Mister MAJID KHAN, good aliornoon. Good afternoon, Sir. Excuse me. [clears throat. We recessed to rcvicu ail, cxeusc me, to read all the unclassi?ed documents and evidence that was provided to us earlier. Thank you for allowing us time to road that carefully. We now are going to resume our heating process by addressing some questions and answers to you, and then we'll be able to complete this session Okay. Personal Representativo. do you have any questions for Mister No, Sir. Okay. Recorder. do you have any questions for the Detainee?? No, Sir. have a comment from {he earlior proceeding. Would you like me to make that now or save it? it would be appropriate to make that!? address that issue right now. Yes, Sir. I'd jusl like in note for the record that during the previous proceeding 3 note was made regarding the earlier, an earlier version of the Unclassi?ed Summary; references was made to it. {be current version is dated 23 March 2007. The difference in to: two versions is simply a w-Ortling in the definition combatant. "I'ht: earlier version says an individual who is part of or supporting the Taliban a! Qai-da foxes and the 28 March 3007. current version says that an individual who is part of or supporting Taliban or al Qaida forces. That?s all. thank you. 'i'ltore?s a minor wording change, the change ofjus? deleting the word ?the? in from of Taliban. Thank you for that administrative comment. [Rafferng to the Domitich i bclicvc the Tribunal Members. with me. how: questions for you. ll IOOZO Enclosure Page 40 of 50 (mm) NatSecAct 1 MEMBER: MEMBER: Diff! AIMEE: MEMBER: MEMBER: MEMBER: DETATN i513: (blf 1) NatSecAct Wt Mister KHAN. i have. one question. in Mister PA statement, he: Sit-Id that you were introduced to him by Mister AMMAR AL BALUCHI. What did you, who: was your dealing with Mister am not at" i can?t answer that in this ah-- under the circumstances. I?m not position to toil you exactly what my association with that guy. And did you say that he cali me? What was the question again? I?m sorry. Mister PARACHA has stated in his, in his witness statement or his-- in his testimony 351+ documentation that you wore introduced to him b} AMMAR A1. BAl..UCi-il. All I can tell you that the person. whoever it. is, that. that i was introduced to him, in my opinion. that he is not 31 Qaida, he?s not Taliban, or associate forces who may be a threat to United States. And that?s all i have to say about this person. Other than, lcan?t comment, and how do I know this person. Alright. Mister KHAN, 1 how: two questions. The first is to clarify something you said in your rebuttal concoming paragraph and H. about visiting your new wife and family in Pakistan. and your travel documents for return to the: United States expired. Can you clarify the reason why you were trying to renew those documents? Ail? which {looking through pope-ml The point 1 was trying :0 make there is that. that?s for sure that was trying to get that aha ahutravel document back, but the point I was trying to make is ah" the one thing is for sure, that; was not going to travel on that? wit.h,lhat spocilit. travel document. There could be other things. other options you could do, you could do with that travel document, that might be not legal or legal. I?m not sure about that. but the point i was trying to make than: is that, one thing i can promise you. that I was not going to travel, travci on that speci?c travel document. Ali-- since} let it. myself. expire in December i was in Pakistan and know it was going to expire and 1 had made my mind that all. that i was not going to go back to States. And at that. at some point in my time. sum-o time in" soun: lime in? {Detainee appears to be getting confused or experiencing anxiety] Take your time. ti 100% Enciosurc Page 43 of 50 (W1 NatSecAct MEMBER: MEMBER: (mm NatSecAct Some time in life. I made a decision that, there View times that I wanted to be citizen of the United States and there was times that thought that i was done with United States. And i left it; I iet it expire. And then, as you said. in the bot-tom it says that was thong-- than: couldn't be, ict mt: think, I don?t have the correct words ?causc Wrote it this morning. Could it be that was trying to get this document for refugee or stut?t?likc that? I think i made the statement, there are other things that you can do too, with that travel document other titan just, just travaing bask to United States. So the point i was trying to make is that. one thing is for sure, i was not going to travel with that speci?c travel document. And I can?t talk about ln-dcpih that?? what was my other intention for that 1 think that not relevant to tilt-- in my opinion. to enemy combatant de?nition, cause i had not intention to use it for Taliban. a} Qaida. or associate forces to maybe engage against United States. So I don?t be able to answer that, ?lhat?s one of the reasons i can?t tatk about it. i can pt'ol'i-~ all I am saying, the point that I was trying to make there is that I was net going to travel on that specific travel document. that is for it) sure. Ah? Ych, that?s all have to say about it. So if understand what you just said. you?re clarifying that you wanted to renew the travel document but you won: not going to travel back using that documentation once it had. been renewed. Yes, Ma?am. And then if it couldn?t be" i was trying to givc you another option. A person can tisc it for other reasons, maybe legs} or It has nothing to do with ah? it coutd be a fraud or something iike that. But it has nothing to do with enemy de?nition. 00 ahead. {Member waiting, to speak] But what your true intention was wouid be relevant because you?re giving us a hypothotical. and was wondering what the real intent was. So- if you were not going to travel back with that documentation. can you toil US the specific purpose you intended to 115$ it for? The purpose was that. as i said there, then: are a lot of refugees out there. in Pakistan who are desperate. who need help And i could use that?- just don?t want to wit: I can?t. 1 can?t give you speci?c pct-son for some reasons. it could he, 1 don?t want to endanger his. liti: or it could be either a person or individual group. that coutd give: it to this refugees. And i was hoping they could manipulate: this document and they can travel back to States and than they could apply for asylum there. Just like. like i used, my whole family used this kind of paSSpOrt or travel document to go back to State ?rst and once we in State, we can appiy for and for refugee status. So, since i made up my mind that I'm not going back to, i?m not going back, l?m not gonna go back to States, than I thought I might as well use this to help some desperate people who 1 beiicvt'd. in my opinion, were it 10020 Wt Enclosure Page 42 of 50- (bill NatSecAct MEMBER: DETAINEE: MEMBER: DETAINEE: MEMBER: DETAINEE: MEMBER: i'l?I'Al (W 1) NatSecAct refugees like my mother and so fonh. And. but I can't really talk about speci?c: names that was going to give out to ?cause it may endanger their life. Okay. thank you. Mister KHAN. I have one other question to clarify something you stated in this case. concerning paragraph 3-i which starts on page four of your rebuttal. Page four. paragraph i? Yes, it starts on page four paragraph i. but if you look on page ?ve in the section where you discuss to Mister UZAIR having admitted that you wanted to loan him money but you did not loan him mono)?. so there was no harm. The question 1 wanted to ask yOu was to clarify whether you had wanted or intended to loan him money. but the ioan did not Detainee said something inaudible} the transaction did not take place. Actually ah? when say UZAIR himself admitted that. wanted~ what actually l?m trying, to-- mayho it?s some bad English, I was trying-~ was" I was trying to point out the actual word in that, in that pare-graph. He said I want it. not that i said want. it. What l?m trying to prove it that the enemy combatant de?nition doesn?t say anything about a person want to become Taliban or a person wanted to help. it just Clalms that a person was associated or somothing like that. And I?m trying to clarify that, that i had no intention whatsoever, 'causc it just that I come bringing that statement from paragraph challenging that. that speci?c word. whether it ?ts. the de?nition of enemy combatant. For myself. never wanted to give any kind of money to UZAIR or an} al Qaida organization or whatsoever. There?s no. "1 want it." Quotes inserted due to emphasis on. I want it] I just, hit bonging his statements to make point. I think you?ve then clari?ed what i found a little confusing near the top of page ?ve. You said you had never loaned any money. meaning there was no harm. And i wanted to clarify whether you had conversations to intend to loan the money or try to loan the money. It?s that the transaction did not take place. Yes, I think. if you read UZAIR transcript. and ljust myself was reading it. and he. himself said there was no, no conversation hetween me and him and his father about any money. And- I did read that and wanted to clarify what your version of the facts were since this paragraph does not specify what you say about whether there were any conversations or intent to loan money. Your rebuttat merely says you did not loan the money. So I wanted to clarify- there were intentions- moth tinclosurc Page 43 Mil) (bll 1) NatSeoAct MEMBER: DETATNEE: MEMBER: PRESIDENT: DETAWEE: PRESIDENT: (bll?l) (bl(3) Na-tSecAct -or conversations? your statement about that verso? Mister statement. Let me?- i didn?t make mysolf clear than: that i want to make ciear new. There were no intention or conversation at all. from my side as well. Thank you. First ol?ail, I?d like to ask if the Statements that you made to your PR during the Gnome of preparing for this; 'l?ribnnal, as well as tin: writton documents that you have provided to us. were any of those. were all of those provided voluntarily by yourself? Were there any threats regarding submitting or not submitting something for consideration here today? The only thing 1 say that for? when my PR first arrived, lul had decide not to attend the Tribunal at all. And month passed ?cansc I thought that tribunal itself is a game. lthink that it was a setup ?cause the kind of questions I had. i thought it was a trap to make me say things. liven when was going through this process. 3 was uncomfortable. i was like, this is jinn a game But more I talk to my PR. i realize, maybe it is important in my life. Maybe it's very important. didn?t know that. The more I talk to my PR. than i roaliza. you know, it will affect a lot ofpcoplc or myself. So then I start giving a lot things voluntarily and air-but only thing. i as said it my statement that i wanted write in Urdu because i can express myself much better this way. Still, 1 know English as a second lwiguage. as you know, but my PR had me translate in English and had mu write every-thing in English. so Ijust, i didn?t feel very comfortable about it. And so, all I have: to say that. when I was speaking-v acttialiy I speak very ?nciy, but when it comes to writing. it?s pretty bad. You?ve probably seen it. So I wasn?t very comfortable expressing things in writing. So that?s-- yes. I pretty much volunteered everything i mote. "Jitch was no threat, no coarse. 'I'hcre?s only one thing that have to say; it the trawl document. In my opinion. i never ask for travel document. 1 never? there had to be some kind of misunderstanding between me and him. And next day he come. we have asked for evidence in that travcl document. And I don?t say, don't see. any reason for trawl document in this whole thing. So i refused it next day. And that?a the only one thing I can think of that was not appropriate. Very well. I understand on that last point that no-? none of those travel documents were submitted by yourself and certain!) i believe. as we know here today. the Recorder didn?t submit any of those tor our consideration. Sn thotto were provided as a rcqucst that I thought came from you. but. at this point. we: don?t have those. The only thing i was going to add. ldon?t want to give you the impression that i am hiding anything. ?Cause whatever we about. I. even good or [0020 (3) Page 44 of 50 (Mi 1 (oils) NatSecAct PRESIDENT. (blil NatSecAct (bill) (Dita) NatSecAct WW bad, my PR used it. i just thought maybe you had a feeling that I had a trawl hiding, or something hidden about it. ?l'hcre?s nothing hidden. nothing to hid-c. So. I just wanted to make that clear. i understand your point And i do understand that English is your second language, and we have reviewcd carefully everything you provided and i know you?ve had a discourse regardng every one of those documents with your Personal Representative. And we believe that they are very complete: and where we do have questions. we have an opportunity get your input on that. So thank you very much. in your Exhibit [Ii-ii, treatments that you had while you were in custody. was rather detailed and i understand that was probably dif?cult for you to present to us. But the question i have has to do with anything that you did say while, enduring those times, in Speci?cally. i think. page seven, said that you didn't cooper-ate. in fact. i believe it said ?since was innocent and didn?t know anything" you refused to look at pictures or cooperate. That?s the oniy real reference i can ?nd in that your documan where you talked about things that you may have said during that period. What I wouid like: to know is. were there any statements that you made during that whole. pcriod that what you said was incorrch or incomplete or not true? And you can relate any of those cases? It does appear that there is at least onlv one place where you said you didn?t cooperate. which means you didn?t oroviclc any statements. But if you had provided statements. can you on the validity of the statements made during thosc conditions? There was always statement, Statements that you made. mm) Statement that made, even written lbxa) Understood. And there were statomcrits, just like after seven day they were hanging ms: and they said okay, if you want some rest. write this. i remember exactiy what I wrote on that day. I think it has to do with mentoring the United States. ?What were your intentions to us? they said Okay, we-- what they said to me was that, after six days, they said. i would. you know, in this situation, like they said sit there, we?re gonna leave you and when we come back, this is what we want you, we want you to write; and there was a camera there. So they left me all alone. Sol wrote whatever thcy told me ahead of time and then they started recording it. i came back-- and they come back and they picked it up. Okay, it looks good. And since then, they decidcd~- decided. before 1 was just an? Pakistani, give it to me as still {inaudible-.1 after that writing that made mt: permanent terrorist or whatever it was. So from there?s??thercw-there?s always been ft 10020 Enclosure (3) Page 45 of 59 (W1 NatSecAct 1 (W1) NatSecAct (W1) (blt?B) NatSecAct (W1) NatSecAct (blt'l NatSecAct PRESIDENT: DETAINEE: .) NatSecAct WWI these statements. Now lcall it. even after torture and tun-cooperating, I mean. we call it totture, I?m-?whatuwhat did I say there just?4 amuit just made me confused when you said couperatiog, not cooperating. Well I was just using the terminology that you had in your statement when: you said you-- you did not cooperate. Actually. what happened aftorw they stop torturing after When we went to there watt mental torture rather than physical torture. 'l'herc was: a little torture but not to make what I used to hear people yelling, or screaming and heating up, alt?- to me nothing happened in as like physical torture type ofthing. What they used to could do, {inaudible} the debriefcr would come and Show the pi-ctura so as if I am voluntary looking at the pictures. I?m cooperating with than] think the were FBI people or whatever tho-was not CIA. They would come everyday to try to show you picture and ask for intelligence. When I say that i didn't cooperate ?causo I didn?t want to give any intelligence. ?oausc I didn?t have any intelligence. ?they would Show me Uzbekistan pictures, Afghan: pictures, 'l'aliban picturacs. and I go. like. this is ridiculous. I don?t know anything. So. I got frustrated For a couple of months and then I said if you want to tort me me. torture me. but I am. not going to look at any more pictures. And then after! re?tted to cooperate with the dobric?fcrs. That?s What 1 mean. Now. during that statement, ah~~ dunng that time. I don?t?! don?t recall I make any statement. Ah?ahu that can be used against me. Abutherc may at that time. you know. what I was told, you have fooling you want to keep same story. Were ynu marricd in Karachi or Islamabad or Kabul, after torture. But lt?lt changes. after three years and they?re gonna say ?t lhh, after two years you tom: to with this new stuff, then you room be hiding something else." So just put you in a bad spot. So even after that. if someone had asked to: about it. 1 would have still keep the same story so they can?t come tomorrow, well after three years you come in with this new lnfonnation. than you must be hiding something else. So that?s-- that?s another way of looking at it. Yes." it?s very hard to Explain what I?ve been through and I try to make the statement what 1 makt: in But if you lton the sauna. you?? chances arc. they won?t texture you. Whatever you go. you just make sure you keep the same statement. Well. and l?d like to ask about thosr: statements. Wort: those statements true or incorrect? Definitely not true. That?s all I am looking For anti-m okay. H3020 Enclosure Page 46 of 50 (Ml 1) NatSecAct PRESIDENT: DETAIN Eli: DE.TA1NFE: PRESIDENT: DETAINEE: DENY: (bll?l WW -?rst direct statement on that. true. Most of the stuff. yes. Very well. Okay. that completes the questions 1 had 1 will make tut-a statement here regarding what we?ve heard here today. Alt-What you have mid us will be included in the accord. obviously. We?ll also be reported to appropriate autherities for any investigation that?s necessary As you know, we will carefully consider what you have said to us today, as we make determination regarding your enemy combatant Status. [We] cansidcr this a very important matter. You?ve heard an take our oath and ah-- you know we won?t ah? coast-(la these? this that you provided as well as we received. very carefully {Tribunal} Presidcm ?s posnhearing note: The previatts sentence is ct dire-ct transcript oj'my statement; lmwever, it is incamplete and disjointed wt to Hawaii)? to receiving the. Dwain-eta '5 ma} statement. As directly stated previnusly, I intended to reiterate that the Tribunal wouid rmtsict'er the Detainee '5 statements I At this point in the heating. we?ve all the unciasgi?ed information {Detatnce acknowledges with ?ah htt."| and, uh. we?re now abtmt to complete this pmtion by providing you an to provide a ?nal statement. Wouid ycu itkc to make a ?nal statement at this time? i have few questiens of what we talked abnut tntiay. Okay. Ah? Ask yam questions. Arc they? go ahead, picasc. Ahw 50 yet: said there?s one of my i ask for MOHAM-. MAHMOOD. MOHAMMAD, MIMI-1D KHAN, and ah you said that one of my brother wasn?t able to make a statement. And were you talking abnut paragraph A or paragraph in Summary of Evidence. Where are you at?? Referring to Summary of Evidence} Because we both, we don?t know who matte, what exactly- is actually referring to paragraph A. Okay. if you were referring to paragraph A. that] l?d like to point that out that the question about one of my brother has ever made a statement about me being invalvcd al Qaida, I think my father in his Statement, ALI KHAN. he made it clear that-~ ?because now i'm told by the military that my son wants t0 know whether i said in March .2003 that he became very religious and duvelopcd anth?tmcrican feeling-s And whether one of JSN it ?0020 Enclosure (3) Page 47 0f 50 (MN) NatSecAct PRESIDENT: DETMNEF: PRESIDENT: DETAINEE: PRESIDENT: lili: (bllB) NatSecAol my other son said MAJID might be involved. with n] Qaidu." So basically ht: already answer-tad the paragraph A in it. So even-oven that brother didn?t make it, and there?s a statement attached to it, didn?t make up here, so they should be" I don?t feel that we need his Statement because my falhor took care of it. Another thing is D. nh?- was wondering, if? if? ifyou know that is talking about, think it doesn?t ?t the definition of enemy combatant itself bocausc it?s clear it doesn?t ?t the de?nition itself. But anyway, when it?s talking about Dotaiocc's residence, 1 mean my residence, now are they . talking about Baltimore or" or? or? or alt? Pakistan, Karachi? ?Cause I lived in both place. As you can so:~ this is what wt: know; the same thing you limiw at this point. So, we will have to consider that question after we receive all oftlie information. Again, this is a unclassi?ed Summar} of Evidence and this is all wt: know about this at this point. So. would it be appropriate stateroom to make that~-that l) itself, let?s just say, ah think I raftith prcuy good with every single paragraph, all the witnesses. The I). I can?t refute: because I don?t know. To mc-~ Ijust can?t know What you don?t know, you can?t refute, So. I) itself can make me enemy combatant, if they?re right; just only itself ll' 1 refute all successfully, let us say, and For worried about hecauso I don?t know. And it'sjustuit?s up to you. With itself. will make me an enemy combatant? I can": answor. that at this point. Okay, lost; We have not received all information; we have not gone into deliberation. Wc--l certainly understand your point very well that you provided in your written Statement, your oral statement as well, regarding that motion We will consider that as we look at that information in HS content. Thank you. Lash?last question is. ah~~ actually then: was-doom was some comments made in that paragraph and me and PR tall. about it and it was inappropriatc--un~appropriatc to bring it up. in paragraph l7. Exhibit D-d, page number four? Oh. I need to look at that, excuse mt:- iust moment Okay. ploase continue. And when I talk about I?ve never been to Afghanistan and never met UBL I cannot possibly be member of al Qaida. i admit I can?t prove i am not til Qoida. ll is very dif?cult to prove that son-retina is not a! Qaida. Now there was few more sentence in which mi: and PR decided may not bi: very appropriate to ask, but this is a very important. question i need to ask you. Let's just say someone claims that the Board Mambo: are themselves til t1 IOOQO Enclosure (3) Page 43 of 5'0 (13Kl NatSecAct PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: NatSecAct Qaida. And if you were-4f yeu were in my shoes, 1 would like to know that haw can you prove it. that are not al Qatda?? And ifyuu can?t, then i can't either. And il?you can. then please let me know ?causc I will follnw the same to prove that I am mt a?l (Jaida. That was my question. Sorry. I may have lost the question in there. If samcone believes that yutt're, the Board Member. ofal Qaida and you an: in my shoes and you ought to provecan?t prove it, then I can?t either. And let's say that you can prove it. Then I would like to know how can you prove it to anyonc, anyone :11 the world ?caus-e thcm?s a Board Member of this CSRT are not al Qaida. Sn 1 can follow same process. Well. yuu art: following that process. in a sense that evidence is being pmvidcd to three Members. myself and the two next to me. And we will look at all of. the evidence provided, including testimony and information you wish to provide and comment on. We recognize this may have been the ?rst time that you?ve had an opportunity to comment such matters. That is ourjob. We will that. based upon the evidence provided to us. 31131 what?s pmvided t9 us here. There?s pmbably a lot of other things out there regarding yourselfas a detained person. but only certain things an: provided to us. the things, as yuu read from the unclassi?ed. Summary of Evidence 3-1. that the government believes makes you ?t the de?nition ofan enemy combatant, So, it the reverse happen-ed, a Board? an indspend-em group of officers that have nut been part Of your detention or yuur interrogation are havt: been charged to do our our duty We make the decision based taper: the evidence provided 10 us. just the ttht: of?cers here. 'll?tc maturity vme datermines yuur enemy cnmbatam status. Okay. I don?t have any comments to make. said whatever I wanted to say. These are the questions and the answers. Very well. Thank you. Thank you. So that concludes. your, your ?nal statement? Yes, Sir. have some additional information l?d like to share with yen, to cmclude this hearing. . is! 10020 Enclosure (3) Page 49 of 50 lb)? NatSecAct 92 PRESIBENT: RECORDER: (Mi 1 NaiSecAct All imclassi?ed evidence having been pruvided ihis Tribunal, this Tribunal has concluded its open session. Miszcr KHAN, you will be noti?ed of the ?i?ribunal decision upon completion i?i'thc review proceedings by the Combatant Status Review 'I'ribunal convening auihority in Was-hingmn. D.C. If the Tribunal determines that you should not be classi?ed as a enc?-?as an enemy combatant, ynu wiil be released in your humc cumiin as soon as arrangements can bi: made if the 'i?ribuiial determines that you are ciass-i?ed as an crich combatant you may be eligible an Administrative Revicw Board hearing at a future date. 'i'hc Administrativc Review Buarcl will make an assessment of whether there are continued reasons to believe that yuu pusc a lhrcai ii) the United Swiss its partners in the onguing anncd con?ict against terrorist urganimiions Such as al Qaida and iis af?liates and supporlci?s or whether {here are other facmrs bearing upon the n-ccd for continued detention. You will have the opportunity 10 hi: heard and in present relevant information to the Administrative Review Board. You can presem information from your and friends that might help you a! the Board, You are encouraged 1'0 contact them as armn as possible to begin If) gather mformatiuu that may help you. A military cf?ccr will be assigned at a later ciatc to assist you in the Administrative Review Board process. Thank you very much for panicipating wiih us today. I appreciate yeti-r, your understanding as ihis is a process, and appreciate your continued cooperation with duleminn authorilics while you are in detention. ADJUHRN OPEN The open scssinn of ibis Tribunal hearing is adjnumed. Good afternoon. The Iimc is i4:10; the date is if) April 2007. A31 rirc. i certify the material contained in. this transcript is a true: and accurate verbatim rendering Orthc tesrimony during the Combatant Status Review ?l?r?ibunal of REM EOOEG. (13(5) L?uiOnei, i?bunai i?rcsmem if! 100-20 Enclosure Page 50 DISC (W1 (W3) NatSecAci (MU) (W3) NatSecAci Verbatim Transcript of Combatant Stat-gs; Review Tribunal Heart-13g for 18324 RECGRDER: RECORDER: PRESIDENT: RECORDER: PRESIDENT: RECURDER: REPORTER: PRESIDENT: DPEMNG 0n the record rise. Romain seated and come to order. Go ahead. Recorder: This 'l'ribunal is boing conducied at 1323 March 10, 200 on board US. Naval Base: Guantanamo Bay. Cuba. The following personnel are present: Captain United StaLcs Navy. President Lieutenant Coionoi (W53 United States Air Force, Member Lieutenant Coionoi (W5) United States Marine Corps. Member Lieutenant (Toionei (13(5) United States Air Ft-xrce, Persona! Represcmative Language Analysio (W6) Gunnery Sergeant United States Marine Corps. Reporter 1 Lieutenant Colone 1mm) United States Army, Recorder Captain ?T?ls eT?u go Advocate member of the 'I'ribunal: (BATH 515351.094 1 All Rise. The Recorder will be sworn. Bo you. Lieutenant Colonei (W5) solemnly swear that you will fai?zfuin "perform the duties as ocordcr assigned in this 'I?ribunai so help you God" I do. The Roponer will now be sworn. The: Recorder will administer the oath. Bo you Gunnery Sergeant wear or af?rm that you will faithfutly discharge your duties as Reporter assigned in thus Tribunal so hoip you God? I do. Tho 'l'ranstalor will be sworn: ISN it I (3024 {inciosurc (3) Page of 27 {mm NatSocAot 1 RECORDER: RECORDER: RECORDER: DETAWEE: PRESIDENT: BETA PRESIDENT: PRESIDENT: PRESIDENT: (bll 1) (M3) NatSecAct Du. you swcar or af?rm that you will faithfully perfnmi the duties of Translator in the case now in hearing so help yeau (30d? :10. We will take a brief rccesa "now in order in 10 bring Detainee inm lhe room. Rec-order note the date and time. The time is '30 pm hours on 10 March 2007 This Tribunal is in mow in recess. {The Tribunal recessed at l33i3, l0 March 2037. The memb?rs withdrew from the hearing room] cauvgmm All Rise. [The 'I'ribunai recnnvenerl and the members entered the room at l334, l0 March 2007,] This hearing will coma. to order. Please bi: sealed. Bcl?crc we begin, Shaikh Muhammad. understand you speak and understand English Is that correct? {Detainee nods his head in af?rmative]. Alrighi. Are you comfortable in continuing in English or would you like everything translated in Arabic? Everything in English but if I have a the linguis: will help me, We will proceed in English. if you indicate to me: that" you would like something translated we will g9 ahead and do that. Alright? 'l'liis ?l'ribunal is convened by nr-der of the Director, Combatant Slams Review Tribunals under the provisions ol'liis Order of 22 February 2007. This Tribunal wiil determine whether Khalid Shaikh Muhammad meets the criteria to be designated as an enemy combatant against the United States or its crialliio-n partners or otherwise meets the criteria to be designated as an enemy combatam. OATH 2 The members 91? this Tribunal shall now be sworn. All rise. l! l0024 Enclosure (3) Page 2 of 27 (bll 1) NatSecAct RECORDER: TRIBUNAL: PRESIDEN RECORDER: PERSONAL (but) NatSecAct Do you swear or af?rm that you will faithfully perform your duties as a member of this Tribunal; that you will impartially examine and inquire into the matter now bcforc you according to your conscience, and the laws and rogulalions provided; that you will make such ?ndings of fact and conclusions. as are supported by the evidence: presented; that in tome facts, you will use your professional knowledge, and common sense: and that you will make such ?ndings as are appropriate according to the best of your understanding of the rules. regulations, and laws governing this proceeding, and guided by your concept ofjustice so help you God? i do. 'l?he Recorder will now administer the oath to the Personal Representative Do you swear or af?rm that you will faithfully perform the duties of Personal Representative in this 'l?rihunal so help you God? I do. PRESIDENT: PRESIDENT: PRESIDENT: DEN PRESIDENT: Please be seated. 'l?hc Recorder. Reporter. and Translator have previously neen sworn. EXPLANATIDN OF Khalid Shaikh Muhammad. you are hereby advised that the following applies during this hearing: You may be present at all open sessions of the Tribunal However, if you become disorderly. you will hr: removed from the hearing. and the Tribunal will continue to hear evidence in your absence. You may not be compelled to testify at this Tribunal. Hr-iwever, you may testify if you wish to do so. Your testimony can he under oath or unsworn. You may have the assistance ol'a Personal Representative at the hearing. Your assigned Personal Representative is present. You may present evidence to this Tribunal. including the testimony of witnesses who are reasnnably available and whose testimony is relevant to this hearing. You may question witnesses testifying at the Tribunal. #10024 Enclosure (3) Page 3 of 27 T5. 2.5. g. (bl-(1 (W3) NatSecAct 645100011 96 PRESIDENT: PRESIDENT: BETAWEE: PRESIDENT: I) li'l'A WEE: PRESIDENT: Eli: PERSONAL (bll?r NatSecAct 1.1; s- I I You may examine or statements o?'crcd into evidence other than classi?ed information, However, certain documents may be partially masked for security reasnn-s. Khalid Shaikh Muhammad. do you understand this prom-53?? Yes. if I have questitm can i ask you? Yes, you may. About the testimony which I ask abcut the witnesses. Yes. i'm going to address the witnesses shortly. So. if you will bear with us I will take that up in a few mommts. Okay. Do you have any qucstions concerning the Tribunal Okay by me. 0F UNGWSIFIEB Persunal REpresemativc, please. provide the Tribunal with thi: Detainee Election Form REPRESENTATWEJ am handing the Tribunal the: Deming: Election Form. which was previuusly PRESID ENT: PRESIDENT: RECORDER: marked as Exhibit D-a. Alright. the 'l'ribunal has received Exhibit D-a that indicates the Detainee wants to participate in the Tribunal am} wants theassistancc of Iht? l?crsenal Representative. RECDRDER Recorder. please provide the Tribunal with the unclassi?ed evidence. I am handing the Tribunal what has previously been marked as Exhibit R-l. the unclassi?ed summary of the evidence that relates to this lktaince?s status as an #10024 Enclusure (3) Page 4 ol?27 .l .5, if? (W1) NatSecAct (bill NatSecAct enemy combatant. A translated cnpy of this exhibit was provided to the Personal Representative in advance of this hearing for presentation tn the Detainee. in addition, am handing tn the Tribunal the frillnwing unclassi?ed exhibits, marked as iixliihit R-Z. (?epics of them: Exhibits have previousl} been provided to the Personal Representative. {Documents presented to Tribunal] Recorder. picase read the unclassi?ed summary of evidence for the record. But before you proceed. Khalid Shaikh Muhammad. let me remind you that you must not comment on this evidence at this time. Ynu will be provided with an opportunity shortly to provide any can-intents that you wriuld like. Recorder, please pmceed. RECORDER: The following facts the determination that the Detainee is an enemy enmhatam: Paragraph a. ?n the morning of i I September 2001. four airliners traveling the United States were hijacked. The ?ights hijacked were: American Airlines Flight ll. United Airiinss Flight 175. American Airlines Flight 77, and United Airlines Flight 93. At approximately 8:46 American Airiines Flight I crash-ed into the Ntn?th Tow-er of the World Trade Center. resulting in the collapse of the tower at approximateiy i0:25 am. At approxirnateiy 9:65 am, United Airlines Flight 175 crashed into the South Tower of the World Trade Center, resulting in the collapse of the tower at nppruximntely 9:55 tun. At approximately 9:37 American Airlines Flight 77 cmshed. into the southwest side of the in Arlington, Virginia. At approximately ltlri'tfl din, United Airlines Flight 93. crashed in Stone}; Creek Township, These crashes and subsequent damage to the World Trade Center and the Pentagram resulted in the deaths of 2.972 in New York, Virginia. and Paragraph hr The Detainee served as the head of the ?cal Qaida military committee and was Usama bin Laden?s principai al Qaida operative who direct-ed the ll September 2001 attacks in the United States. Paragraph c. In an interview with an al Jazeera reporter in June 2002. the Detainee stated he was the head of the al Qnidn committee. Paragraph d. A computer hard drive seized during. the capture oftite Detainee contained information about the font airplanes hijacked on I September 2001 including code names, airline company, ?ight number. target, pilot name and background in?irmnt'ion, and names of the hiinckers. Paragraph 6. A computer hard drive seized during the capture nt?tite Detainee contained photographs cf 19 individuais identi?ed as the 1 September Ztl?l hijackers. #10024 Enclosure (3) Page 5 0f 27 (bll 1) NatSecAct 1 NatS-ecA-ct .11. Paragraph A computer hard drive seized during tire Capture of the Detainee contained a document that listed the pilot license fees for Mohammad Mia and biographics fer some ofthc 11 200} hijackers. Paragraph g. A computnr hard drive seized during the capture of the Detainee contained images of' passports and an itrtagt: of Muhammad Atta. Paragraph it. A computer hard drive seized during the capture ol'thc Detainer: contained transcripts of chat sessions bc'longing to at least one of the 1 i September 2001 hijackers. Paragraph i. The Detainee directed on individuai to trach to the United States, to case targets for a second wave of attacks. Paragraph j. A computer hard drive seirnd during the capture of the Detainee contained three letters from Usama bin Laden. Paragraph it. A computer hard drive seimd during tho capture of the Dominate contained spreadsheets that. (inscribe money assistance to of known a} Qaida members. Paragraph 1. The Detaincc?s narnc was on a list in a computer seized in connection with a theatre United States airlincs. United States embassies and the Pope. Paragraph :11. The Detainee wrote the hajinkrz plot. the airline bomb plot which was later found on his nophnw Ramzi 5 computer. Paragraph n. The bojinka plot is 32er known as the Maniia air investigation. Paragraph 0. The Manila air investigation uncovered the Detainee conspirnd with others to plant cxpiosivc novices aboard American jetlincrs while those aircraft were to be airborne and loaded with passengers on their way to the United States Paragraph p. The was in charge of and an attack against United States military vessels heading to the port of Diibouti. Paragraph q. A computer hard drive seized during the capture of the Detainee contained a letter to United Arab Emirates threatening attack if their government continucd to help the United States. Paragraph r. During the capture ot?thc Detainee, information used exclusively by at Qaida operational managers to communicate with operatives was found. Paragraph 5. "lite Detainee received funds from. Kutvaiti?bascd isiamic extremst groups and delivered the funds to al Qaida TEN #10024 Enciosurc (3) Page 6 {#27 NatSecAct (b)t3) NatSecAct Paragraph 1. A computer hard drive seized during the capture of the Butainau contained a document that summarized operational procedures and training requirements of an at Qaida ceit. Paragraph u. A computer hard drive seized during the capture (if the Detainee contained a iist of killed and wounded a! Guide: And lastly. Paragraph v. phntographs of at Qaida optrativcs were setzcd during the capture: of the Detainee. RECORDER: Sir, this the summary of unclassi?ed evidencc PRESIDENT: Very wcil, PRESIDENT: Personal Representative, does: the Detainee: have any evidence to present to this Tribunal? REPRESENTATIVE: Yes. sir. 1am handing tn the Tribunal the foliowing unciassifigd exhibits marked as Exhibits through D-d. Capics ex nibits have been previously previrted to the Recorder. .1 Documents presented to Tribunal] PRESIDENT: Exhibit Dob appears to be a statement that the Detainee has previdcd. PERSONAL REPRESENTATIVE: Yes, Sir. PRESIDENT: Alright. And Exhibit D-c cuntains hand written notes that appear to be Arabic and English as wall as the typed version ut?titat. is that correct? PERSONAL Yes. Sir. Alright. And Ed is a written regarding alleged abuse (if treatment that the Detainee received. PERSONAL REPRESENTATIVE: Yes, Sir. PRESIDENT: Alright. We wili go into those shortly. #16024 Enclosure (3) Pagc 7 of 27 (bllt (bus) NatSecAct PRESIDENT: DETA WEE: PRESIDENT 2 RECORDER: PR liSl RECORBER: PRESIDENT: RECORDER: RECORDER: PRESIDENT: RECORDER: PRESIDENT. PERSONAL NatSecAct q, Khalid Shaikh Muhammad, you may now malu: an oral 10 um ?I?rihunal, and you have the assistance of your Personal Representative in doing 30, Do you wish make an. oral statement to this ?l'ribunal? ?le will start, the Personal Representative; PR will read then law: I will Very you may proceed. Sir, would you hold one mnment? Yes Ah. before the Detainee makes a statement. ah. Pd likc Iv ah. Qucslicm of the oath? Ah. no sir. Canceming classi?ed evidence. Very well. Do you have any further evidence 10 present at this time. Recorder? Mr. President, I have no further unclassi?ed evidenw fur the: Tribunal but I respectfully request a closed Tribunal session at an time: 10 present classi?ed evidence relevant to this Detainee's Status as an enemy combatant. Va}; well, your request for a closed 3635mm is granted and will he taken up in due You may PR. REPRFSENTATWE: The Detainee responds: to the unclassi?ed summary of evidence with the PERSONAL follawing key points. lit ?Some paragraphs under paragraph number 3. lead sentence am: not related to context or meaning of the aforemunsioned lead sentence. Fur example. paragraph 3-3 is nnly informaliun from news or a historical account of events on I 1 September 2001. and note will) no spaci?c linkage baing made in this $0024 Enclosure Page 8 of27 (bll 1) (ml 3) NatSecAct (mm NaiSecAcl paragraph to me: or the de?nition of Enemy Combatant. As another example. sub~pamgraph makes no linkage in mm to the de?nition of Enemy (anbatam.? Are they 311mg? PERSONAL Ah, they they have that in fur reference. Yes. Okay. REPRESENTATIVE. Second main paint; ?There are two false statements in the Summary of Evidence. Sub?paragraph 3-6 is false. 1 never stated to the Al lazeera rcportcr that was the head of the al Qaida military committee. Also, sutkparagraph 3-5 is false. I did not receive any funds from Kuwait. PERSONAL REPRESENTATIVE: Point number 3. ?Than: is am unfair ?stacking of in the Way the Summary of Evidence is In other words, than: an: sub- paragraphs under parent-paragraph 3 which shnuld be combined into 0m: sub- paragraph to avoid creating the false: perception that than: an: more: allegations or statements against me speci?cally than there actually are. For example, sub paragraphs 3-m through 3-0, which pertain to the hojinka plot sheuld be combined into me paragraph. as shu-uld paragraphs 3-8 through 3-h, which pertain to PERSONAL REPRESENTATIVE: Lastly, my name is missgelled in the: Summary of Emu-lance. It should be 841? a-i-k-h nr S~h~e~i~k~the wbjem line. PRESIDENT: Would you like to add anything to that, Khalid Sheikh Muhmnmad PERSONAL Final statement. DETA WEE: No. i just want to ask about witnesses. Okay. ah. let?s ?nish With Ihesr than will get In the witnesses. 0524 Enclosure (3) Page 9 of 27 "(hm NatSecAct PRESIDENT: PERSONAL (13(3) NatSeeAet Okay. 'i?ry' to keep it in order. You want to continue. De you have have another statement? REPRESENTATIVE: That concludes this Deteincc?s response to the. ah, unclassi?ed summary of PRESIDENT: RECORDER: PRESIDENT: PRESIDENT: PRESIDENT: evidence. sir. 0h. (3F We will now allow for the calling of witnesses. All witnesses called before this 'l'ribunal may be questioned by the Detainee if ptesent. the Personal Representative. the Rceerder. and the Tribunal Members Does the Recorder have any witnesses to present? No. sir. Alright. From the Detainee Election Form and was infermed earlier that the Detainee requested the presence of two witnesses. to testify here today. Ramzi bin aI-Sltiblt and Mustal'a Hawsawi. ?le Detainee believes the witneeSes can previde testimony related to the Detainee?s actions speci?ed in the unclassi?ed summary of the evidence. I have had the opportunity te review the request for witnesses and i have made seme ?ndings and i?m geing to place them an the record now and when i conclude that, Khalid Shaikh Muhammad, yet: may respond. to that if you?d like. First the request for Ram's; bin al-Sltib. the prui'l?er of the testimony from the was that Ramzi is alleged to have been present during the al Jazeertt interview in June 2002 during which it is said the Detainee claimed to be head of all Qaida Military Committee. The Detainee claims he never stated that, to be the head at? the Military Committee. during the interview and states that Ramzi. if called. can con?rm this. This Witness is not relevant in the President?s View for the fellewing reasons. in the totality of the circumstances and given the nature and quality of the other unclaatsi?ed evidence. the Detainee?s alleged statements as repented in al Jazeera #10024 Enclosure (3) Page it) of 27 IM- (bi? NatSecAcl PRESIDENT: PRESll?ll'il?x'T: PRESIDENT: TRANSLATOR: (bltl) 3) NatSecAct are of limited value and negligible relevancy to the issue of combatant status. As such. any corroboration or contradiction by the proffered witness is not relovant. 'l?hc credita?bility determinations with regard to R-Z. which is the all Jazeera articla. can he made by the Tribunal without the proffered teatimony. As such. the nominee?s request for the production ol'that. witness is dcnicd. As to the: request for Mustan 'Hawsawi. ah, it is proffered that l-lawsawi, ifcalled. could testify that the computerfhard drive referenced in the unclassi?ed summary was not this Detaincc?s property and that the plant: of the Detainees capture was not the house of the Detainee. In the President?s View this testimony is not to the issues regarding the. Detainees capture or his combatant status for the following reasons. Whether the Dotainoi: had actual legal title or ownership of the computer/hard drive or the house where the capture took place is to the determination of the Deta'incc's status as an enemy combatant. Based on the proffer. if true. llawsawi's testimony will not provide relevant infomaliun. The issue of ownership. while of some interest. is not rolevam to status. What is relevant is possession. usage, connection and presume. Hawsawi?s testimony will net speak to any relevant information in regard to such points. As such. the request for the production of that witness is denied. if you would like to respond to that. l?ll hear you. Most of these facts which be written are related to this hard drive. And more than eleven of these facts are related to this computer. Other things are which is very old oven nobody can bring any witnesses for that as you written hon: if it will be all a value for you for? the witness near by you will do it. This computer is not for me. ls for Hawsawi himself. So I?m sayirtg 1 need liawsswi because me and him we both been arrested day. Some way. So this computer is from him long time. And also the problem we are not in court and we arr: not'jtidgc and he is not my lawyer but tho procedure has boon written reported and the way has mostly as certain charge-d against me; tell him, [Arabic Phrase}. [Translating] They are only accusations So amusations. And the accusations. they are as you put for yourself ah de?nition for unemy combatant there are also many de?nitions for that accusation offact or charges that has been written 1? or any all. Phrasol [Translating] Person is accused. #10024 Enclosure (3) Page 1 of 27 (W 1 NatSocAct 1 5-L??l 64510001204 PRESIDENT: RECORDER: MEMBER: (bill) NatSocAot 1 k?iq So. if I been accused than if you want to put facts against me also the de?nition for those facts. 11' you now read number now what is written the brzifnka plot. ls known many lead investigation it is not related to anything facts to be against me. So when said computer hard drive? hard disk. same thing. All these point only one witness he can say yes or not cause he is this computer is under his possession him computer. And "also speci?cally if he said Mohammad Alta picture been this hard drive. ldon?t think this sh0uld amt-rated. There are many 100 thousand Amcricans who have a lot of picture on that computer. You cannot say} ?nd Muhammad Atta on your commuter than you too this fact against you. Or you find any files in your computer to be what about it?s mine, it?s not my computer. If this witness. he will State that this known and here that has been ninety percent ol?what is written is wrong. And tor Ram-Io, for reporter in Jazocra, he claimed that state this one and you know media man. l?low they an: fashionable. What they mean in their own way in a hole different way. They just wrote it so he say I state. But I never stated and I don?t have any witnesses and wimoss are available here at Guantanamo. He is Detainee. He was with me. Which he boon mostly in all my with him. Mr: and them, there was three person, mo and Round and this reporter. Re if you not believe me, not believe him. believe: my witness Emmi. Then he?s state the reporter most is false. I not denying that I'm not on enemy combatant about this war but l?m denying the report. It not being written in the propor way. Which is really facts and mostly just being gathered. many infonnation. General information that form in way of doing. to us: in facts against me. I have heard and understood. your argument. ln carrier for me to make my determinations regarding the production of witnesses I first haw to believe that they are relevant for the masons that have statod. For tho reasons i have stated. I do not believe they are relevant. Whether or not they may be available here on Guantanamo. is a second decision to bl: made, but only if 1 decide they are relevant. Iltavt: heard your arguments. I noted them. However. my ruling stands. "ic Rccordcr has no witnesses. is that my understanding" No. sir. And there are no other approved witnesses to taken up. Ah. we will take a brief moment to review the evidence that we resolved So far and than we will pick back up in the proceeding. if might ask a question too] quick ol?the PR. This is the entire translation of the hand written notes? #10024 Enclosure (3) Page l2 (?27 Hahn)". .f NotSecAct (W1) NatSecAct PERSONAL Yeah. The hand written notes an: the Detalnca is on yellow. MEMBER: Yes. PERSONAL REPRESENTATWE: and, {hen the next Rel hf notes, hand written. notes. an: the Linguixt?s translation and than the ?nal hard copy printed that?s, all). that. .. MEMBER: Type written. PERSONAL REPRESENTATIVE: from Linguisi?s not-cs. MEMBER: Type. from Linguist?s translations. Okay PRESIDENT: Khalid Shaikh Muhammad. i did not offer you an 0th early because I was informed. by the Personal Representative that you would be making some statement later on in these proceedings relevant to the truthfulneaw ofme comments. So. if you would like to take an math I would administer one to you but I did understand that you going to make a statement. in the ?nal sialcmenl? I will explain why then. Alright, Thank yeu. [Tribunal pauses En review D?a lhru D-d] MEMBER: Seen these. Sir. PRESIDENT: Yes. FOR: lle wanted rm: to lranslate a Koranic verse on aha spat. I will permit 11. RANSI..ATOR: 'l?hank you. Can ask him for clarifmal'um?fl Yes. you need a few more moments, Translator? #10024 Enclasurc (3) Page l3 of 27 NatSecAct 1 6430001206 TRA NSLATOR: PRESIDENT: TRANSLATOR: PRESIDENT: TRANSLATOR: PRESIDENT: PRESIDENT: DETAINEF: DETAIN PRESIDENT: DETAFNEE: (bll1 (bl(3) NatSecAct (bll3) NatSecAct Yes. sir. about thirty seconds. (it) ahead and take your time. Would yeu me to read the English translation after he raid Arabic verse or would like him to read it. Yuu want to save that fer later'.? [Neds head] Alright. Let me take up a few things that have come up as based an my review of these documents that have been provided 10 us so far. D-d, appears to be a written statement regarding certain treatment that you claim to have received at the hands of agents et?the United Stated government as you inclicated from the time (if your capture in 3003 up until before coming here to Guantanamo in September 2006. is that correct? Yes! Alright. New, I haven?t seen any statements in the evidence we receive so far that claim to come from you ether than acknowledging whether you were or not the head at the Military Committee Were any statements that you made as the result of any of the. treatment that you received during that time frame 2003 t0 2036? Did you make those statements because ef?the treatment you receive from these people? . - Statement for whem? {hm To any of these intemgaters. (ma) (fl/t pennies, Yes. At the beginning when they transfet-ted me te: A?er they shifted me to the man win; was nurturing me he spent long time With me. He stayed With me two years. Lat-er we became friends and teld him about all these pr-nccdures against American censtitutien lawt 'l?his what i understand he told me: you are not American and you are not on American soii. So you caunet ask about the Censtitution. lb)(1) lb)(3) NatSeeAct tile-024- Enclosure Page ol'27 mt C, .y 1 NatSeeAct PRESIDENT: TRANSLATOR: FOR: TRANSLATOR: 1" AIMEE: PRESIDENT: PRESIDENT: PRESIDENT: (W1 (W3) NatSecAct What I?m trying to get at is any statement that you made was it because 9f this treatment, to um: yeur word, you claim torture. you make any statements of that? Sir. for clari?cation. Can you translate it? I will translate in Arabic. Yes. (by. 1) {Translating above] (bll 3) I ah cannot remember now because three years daily askmg question. I bi: under questioning so many statement which been some of them make up storitrs just location Where i3 he? ldon?t know. he torture me. Then I said yes. ht: 15 in this area or this is al Qaida which 1 don?t him. I said no, they torture me. Does he know you? 1 say don't him but how come he know you. 1 told him I?m senior man. Many people they knew me which I don?t them. ask him even if he knew George Bush. Ht: said. yes ldo. lie don?t know yuu that not means its false. 'l'hen ?nally said yes I know him. Tank mt: menu than "twelve pcrsens. I said ya; I know him. Which I don?t him the same more. Thc: mocedum were given me picture For which were in I mean CIA camps with Detainee. In the, beginning almust the four month hard time this time I. But later they did same thing because I transferred hard time then even I not remember the pictures. I said yes 01' not. l?l?tis I said. Al-rigl-IU understand. ls there anything you would like t0 correct. amend, modify a: explain to us from what you said back than? want to just it is not related enemy combatant but I?m saying for you to be careful with people. hat you have classi?ed and unclasst?cd facts. My opinion It} bl: fair'with people. Because when i say, I will not reg-rel when 1 say I?m enemy combatant, did or ma! 1 know there are other but there are many Detainees: which you receive classi?ed against them maybe. maybe not take away from me for many Detainees false witnesses. This only advice. 80 arc: aware that Yes. #10024 Enclosure Page 15 of 27 NalSecAct DETMNEE: PRESIDENT: DETAINEE: PRESIDENT: DETAJNEE: PRESIDENT: DETAINEE: PRESIDENT: (mm NatSecAci People made faisc statement as a result ofiliis?.? I did aiso, Uh huh. i told him. I know him yes. There and they are. Not oven you Show me. This I don?t know him I never met him at ali. So, unciassi?co which is both classi?ed and unciassi?od so this is you know him you don?t know him. You have to be fair with people. There are many many people which they have never been part of the Taliban. Afghanistan there have been many poopio amazed for example people who have been arrested a?er October 200! a?er i'uake attack against Afghanistan many of them jus: arrive after they don'I What has happen. When Russian came to Afghanistan {hey fcli ihcy went back but they did anything with 'l'olihan and a! Qaida then came after that. {don?t know why it was younger people some thing for Afgha?is people they Show Afghanis people. 1 will give example one. His name is Saycd Hahih. This i remember. Him they found his name in my notes and i told them this note is oid note and have people which even before al Qaida i know. And he is not. lie is one oi?my students and the: Russian times and i don'i know him. Then they Show mo his picture. He had been Stripped and hanged and they said this man he said iiabib. I told he is not al Qaida. After six months they show his picture again. They ask do you know him. did not release him. Then ihcy told me he states ho never saw you from ninety four. i said tho! is right. I never met him a?cr ninety four. This one is example. Many p-eopio they show pictures which face] know but don?t them because I was under pressure. Then i said yea. Al right. Now what. For "if: nothing which was recorded. For which is written hero is not related i understand. do note that in one of the exhibits you indicate you are not under any presmre or duress ioday. Is that correct? Thai is about Fm hearing today. Yes. So anything. Some of this in?ammation. 1 not stole it to ihcm. ISN #10?24 Enclosure (3) Page 16 of?) (W1) (W3) NatSocAoi PRESIDENT: DENT: PRESIDENT: DETAINEE PRESIDENT: PRESIDENT: PRESIDENT: DETAINEE: DENT: PERSONAL (bll 1) NatSecAot 'l'ho infoni'ttition that you on: telling us today. so? we are clear. You do not believo you are under any pressure or throat or duress to speak to in; today is that correct? Yes, that?s correct. Alright. Now what you have told us about your previous treatment is on the record of these proceeding now and will be reported for any investigation that may he appropriate. Also, we will consider what you have: told us in making our determination regarding your enemy combatant status. I hope you will take can: of other Detainees with what I said. It?s up to you. 1 will do as l've said. see to it that it is reported. Alright. At this; point. we are going to go into the ?nal statement but i do want to give the opportunity to the Recorder, PR, and 'l?rihunal member to ask questions if they would like. So. what will do is proceed then to the nominee?s ?nal statement and than have a question and answer session following that. Alright just give me a moment. Alright. Khalid Shaikh Mohammad this concludes the presentation of unclassi?ed information to the ?l'rihunol. We are about to conclude the unclassified portion of the hearing. Do you wish to now makc any ?nal Slatcmont to the Tribunal? You have the assistance ol'yoor PR. I make a two part. Maybe he will road then I will go also. Very well. You may continuo. Mr. President, the Domino: has askcci me {0 read his ?nal statement to the Tribunal with the understanding he may intorjoct or add statements if he needs to to correct what I say. According to tho Detainee: ?l liorchy admit and af?rm without duress to the following: 1. I swore Bay?aat (to. allegiance) to Shaikh Usama Bin Laden to conduct Jihad of self and money. and also llijrali (Lo. oxpatriation to any location in the world when: Jihad is required). 2. was a member of the Al Qaida Council. #19024 Enclosure (3) Page 17 on? lb)? Nat'SecAct (bill NatSecAct 3. was the Media Operations Director Al-Sahab, ur "The Clouds] under Dr Aymara Al- ?Cawahiri. Al?Sahab is the media outlet that provided information to Al .lazcera. Four. DETAWFF: PERSONAL [spcaking inaudiny to Persenal Representative] Please tell .- in other Channels or tithcr media nutlets. PRESIDENT: PERSONAL 'liiank you. REPRESENTATIVE: [continuing] was the Op-crational Director for Sheikh Ugama Bin Laden for the organizing, planning, follow-up, and cxucution of tin: 9/ Operation under the Military Commander, Shaikh Abu liafs Al-Masri Subhi Abu Sinai]. 5. was the Operational Commander for ail fareign operations around the world under the direction of Shaikh Usama Bin Laden and Dr. Ayman 6. was directly in charge. after the death at" Shaikh Abu Hafs Ai?M-asri S?ubhi Abu Sit?lah, of managing and following up on the Cell for the Production of Biolegieal Weapons. such as anthrax and others. and following up on Dirty Bomb Oporatiens on American soil. 7. was Emir commander) of Bait Al Shuhada the Hausa) in the state of Kandahar. Afghanistan. which housed the 9! I hijackers. There I was rcspensiblc for their training and readiness fur the exucutian of the 9H 3 Operation. Also, hereby admit and af?rm with-out duress that was a responsible participant, principal piatmer. trainer, ?nancier (via the lvlilitary Councii Treasury), executor, antilor a pcrsunal participant in the folwwing: r? was responsible for the i993 World Trade Center Operation. 1 was responsible for the 9H 1 Operation, from A to decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city (if Karachi. Pakistan. For those whri Wuuid like to con?rm, there are pictures of me on the interact holding his head. I was respumiblu for the Slime Bomber Operation to down two American airplanes. was responsible for lhr: Fill-ta Island Opamtion in Kuwait that killed two American soldiers. I was responsible: for the bombing of a in Bali, which was frequented by British and Australian nationals. i was responsible far pianning, training. surveying. and ?nalising the New Semnd) Wave attacks against the following a?cr l: a. library Tower, California. it. Sears Tawcr. Chicago. c. Plays Bank. Washington state. #10024 Enclosure (3) Page 13 (bl-l ?1 NatSecAct 1 8. NatSecAct cl. The Empire State Building, New York was for planning, ?nancing, .5: follow-up of Operations to destmy American military vessels and oil in the Straights of Humtuz. the Straights of Gibraltar. and the Port of Singapore. was responsible for planning, training. surveying, and for the Operation to bomb and destroy the Panama Canal. . was for surveying and ?nancing far the assassination. of several American Presidenzs. including President Cartier. . was responsible for surveying. planning. and ?nancing for tin: bombing. of suspension bridges in New York. . was responsible for planning to destroy the Sears Tower by burning a few fuel or oil tanker trucks beneath it or around it. . I was responsible planning, surveying. and ?nancing for the nperatinn to destroy l-leathmw Airport, the Canary Building, and Big Ben on British soil. . I was responsible far planning. surveying, and ?nancing for the destruclinn of many frequented by American and British citizens on Thailand soil. . was responsible for surveying and ?nancing for the dcsuuctitm ul?thc New ank Stock Exchange and?nther ?nancial targats after 9.11}. . was; responsible for planning. financing, and surveying for the destruction of buildings in tin: lsr?acli city nl??iat by using airplanes leaving from Saudi Arabia . i was responsible for planning, surveying, and ?nancing for the of American embassies in Australia. and Japan. . was responsible surveying and ?nancing for the destruction of the istracii embassy in .lndia. Azerbaijan, the Philippines. and Australia. I was responsible for surveying and ?nancing for the of an Israeli ?El?Al? Airlines flight on Thailand soil departing From . was for sending several Mujnhadccn into {Staci tn conduct surveillance to hit several strategic targets deep in lsraci . wan; responsible For the bnmbing of the hotel in Mombasa that is frequented by Jewish travelers via airlines. . was responsible far launching a Russian-made surfiicmmair missile on ELM or other .lcwish airliner departing fnim . I was responsible for planning and surveying to hit American targets in South Korea. such as Amurican military bases and a few frequented by American- soldiers. . was for ?nanciai, Excuse me, I was rcspunniblc fur providing ?nancial support to hit American. Jewish, and British targets in Turkey. . was responsible for surveillance needed to hit nuclear power plants that gene-rate elemricity in several US. stains. . was responsible for plarming. surveying, and ?nancing to hit \lA'i?U Headquarters in Europe. #10024 Enclosure (3) Page 19 of 27 1) NatSecAct 1 (W1) NatSecAct 27 I was respimsilaic for the planning and surveying needed in exucmc the Bojinka Operation. which was designed in down twelve American airplanes full of passengers. i personally monitored 3 munddrip. Manila-to-Senul. Pan Am ?ight. 28. I was responsible for the assassinaiion attempt against President Clinton during his visit to the Philippines in. I994 or 1995. 29. was respansible for the assassinatien attempt agains: Pope John Paul the second while he was visiting the Philippines." was not rcgponsible. but share. PERSONAL is'harcil responsibility. I will restate numbertwemy nan-c. 29. shared responsibility for the assassination attempt againSI Ripe John Paul the second while he was visiting the Philippizics. 30.. I was :csponaible for the training and ?nancing for the assassination of Pakistan?s President M'usharaf. 31. I was rcspunsihle for the: attempt to destroy an American oil cinmpwiy owned by the PERSONAL jcwish farmer Secretary of State. Henry on In: Island ol?Sumatra. Indonesia.? Sir. that concludes the written portion 01' the Deminch ?nal statement and as PRESIDENT: illi'l'AlNEE: he has alluded to earlier he has some additlcmal cammcnix he would like 10 make. Alright. Befurc you Khalid Shaikh Muhammad. matemem {hat was just read by the Personal Representative, were those your words? QETAQNEE ORAL STATEMENT Yes. And wan! to add some oflhis- am: just for some vcrilication. It like some operations before al Qaida. Before 1 al Qaida which is related to Bojinka Operation] went to destination involve to us in M. 95. Some Operations which means out of a! Qaida. it?s like beheading ?ame] Pearl. it?s not related to al Qaida. it was shared in Pakistani. Other group, Mujahaducn. The: story of Daniel Pearl. because he staze? for the Pakistanis, zhat he: was working with the both. His mission was in Pakistan to track about Richard Reed trip to lsmel. Richard Reed, do you have trip? You sen-d i1 to make set for targets in Israel. His mission in Pakistan 'l?rom lsracli intelligence, Mosad, make interview to ask abouz when he was there. Also, he to them he was both. #10024 Rage 20 of 27 (mm NatSecAct 3 PERSONAL (W1) (blt3) NatSeeAet l-le have relation with CIA people and were the Menard. But he was not related to a} Quida at all or UBL. It is related In the Pakistan Mujnnadcen groue. Other operatinns mostly are some word I?m not accurate in saying. l?m responsible but if you read the heading history. The line there [Indicating to Personal Representative a place or Exhibit REPRESENT A FIVE: [Reading] ?Alse, hereby admit and af?rm without duress that was a DETAWEE: PRESIDENT: PRESIDENT: 172E: PRESIDENT: BETA (through translator): responsible participant. principle planner, trainer, ?nancier." Fer this is not necessary as responsible, responsible. But with in these things responsible participant in ?nances. I understand. want to be clear. though. is you that were the author ofthat document. That?s right. That it is true? That's true. Alright. You may continue with your statement. Okay. i start in Arabic. Please. In the name of God the most compassionate. the most mercif'ul? and if any fail to retaliation by wayot'charny and. [apologize twill start again. And if any fall 10 Judge by the light has reVealed. they are no better than wrong deem, unbelievers. and the unjust. For this verse, not take the oath. Take an eat}: is a part nl? your Tribunal and PM not accept it. Tu be 0: accept the Tribunal as to be, I'll accept it; That I?m accepting American constitution. American law or whatever you. are doing here. This is why religiously anything you do less! to explain for this one does not mean I?m not saying that I?m lying. When i not take (3th does not mean I?m lying. Yeu know very well peoples take oath and they will lie. Yeu know the President he did this before he just makes his oath and he lied. Se sometimes when l?m not making 0th does net mean l?m lying. ISN #10024 Enclosure Page 21 of 27 NatSeeAet PRESIDENT: Fi?: PRESIDENT: DFTA DETAWEE: (bit 1 inns) NatSecAc-i i understand. Remind thing. When I. wrote this thing. i mean. the PR hr: told me that President may stop you at anytime and he don?t like big metth not you to talk too much. To be within subject. So, i wit! try tn be within the enemy; combatant subject You can say whatever you?d iike to say 30 king as it?s relevant to what we are discussing here inday. (May. thanks. What i wrote here. is no: I?m making myscif ham. when I said I was rc-sponsibie for this or that. But your are military man. Y-nn know wary wail than: are itmgungi: for any war. 80. than: are. we are when i admimng them: things i?m not saying Ibut this the ianguage ofany war. lf?imnrica they want to invade Iraq ihcy will not send for Saddam roses nr kisses they send fer a bnmbardmem This is the best way ifi want. if I'm ?ghting for anybody admit to them I?m American enemies. For sum, I?m American enemies. Usama bin Laden, he did his best press conference In American media. Mr. John Miller he there when he made decimation against Jihad, againrit America. And he said it is not no need for me now to make explanation of what he said but mostly he said about American military presence in Arabian peninsu-Ia and aiding isracl and many things. So we made any war against America we arcjackais ?ghting in the nights. 1 consider myself. for what you are doing. a religious thing as you consider us fundamentalist. So, we derive from religious Icading that we ccnsidc-r we and George: doing S?mt: thing. As consian Gcorgc Washington as hero. Muslims many of them are considering Usama ban Laden. He: is (inng same thing. He is just ?ghting. He needs his independence. Even we think that, or not me only. Many Mnsiims, that a! Qaida or Taliban they are: doing. They have been oppressed by America. This is the feeling at? the So when we say we an: enemy cc:n1batant.that right. We are. But I?m asking you again 10 hi: fair with many Detainees which are not enemy combatant. Because many of them have been unjustiy arrested. Many. not me or two m? three. Cause the de?nition yuu which wrutu even from my View it is not. fair. Because if 1 was in the first Jihad times Russia. So i have to be Russian enemy. But America supported me in this because I?m their ailianccs 1 was ?ghting Russia. Same in!) i?m doing. i?m ?ghting. i was fighting, there Russia now I?m fighting America. 30. man); peepic who been in Afghanistan never live. Afghanistan stay in but they not share Taliban or a! Qaida. They been Rwanian time and they cannot g0 hack in their home with their cumiptcd They 5133611 there and when Amcrica invaded Afghanistan pariiamnnt. 'l'hcu had been arrest. They never have been with Taliban or the others. So many pimple consider them as enemy but they are 3101. Because de?nitions an: very wide dc?nitinn sn penpie ISN ?0024 Iinciosurc (3) Page 22 M27 (W1) NatSecAct (bill) NatSecAct Ear. .. . they came after Oetobor of 2002. zoo: When America invaded Afghanistan, they just arrive in Afghanistan cause the hear there enemy. They don?t know what it means al Qaida or Home bin laden or Taliban. 'l?liey don't care about these things. They heard they were enemy in Afghanistan they just arrived. As they heard ?rst time Russian invade Afghanistan. They arrive they fought when back than they came. They don?t know what's going on and 'l'alihan they been head of government. You consider me even Taliban even the president of whole government. Many people they join Taliban because they are the govemment. When Karmi they came they join Kauai when come they join whatever public they don't know what is going on. So, many Taliban light even the be ?ghters because they just because public. The gavemntent is Taliban then until now don?t have exactly definition well who is ?l?aliban. who is al Qaida. Your Tribunal now are discussing he is enemy or not and that is one of your jobs. So this is why you ?nd many Afghanis people, Pakisitanis people even, they don?t know what going on thoyjust hear they are ?ghting and they help Muslim in Afghanistan. 'l'lien w?liat. There are some in?dels which they came lie-re and they have to help them. But then there weren?t any intend to do anything against America. Taliban themselves between ?l?aliban they said Afghanistan which. they never again against 9? 1 operation. The rejection bemoan senior of Taliban ofwhat at Qaida are doing. Many of Taliban rejected what they are doing. liven many 'l'aliban, they not agree about why we are in Afghanistan. Some of them they" have been with us. Taliban never in their life at all before America invade them the intend to do anything against Arnen'ea. They never been with a! Qaida. liloes not mean we are here as American now. ?l'hey gave political asylum for many countries. They gave for Chinese oppositions or a North Korean but that joes not mean they are with them some thing many of Taliban. They harbor us its 2.1] Qaida does not mean we are together. So, this is why I?m asking you to be fair with Afghanis and Pakistanis and many Arabs which been in Afghanistan. Many oi" them boon unjustly. The funny story they been Sunni government they sent some spies to assassinate UBI. then we arrested them sent them to Afghanistanffaliban. Tali-ban put them into prison. Americans they came and arrest them as enemy combatant. they brought them here. So. even if they are my enemy but not fair to be there with me. This is what I?m saying. The Way ol'the war. you know. very well, any country waging war against their enemy the language of the war are killing. ll? man and woman they be together as a marriage that is up to the kids. children. "But il?you and me. two nations, will be together in war the others are victims. This is the way of the language. You know 40 million people were killed in World War One. Ten million kill in World War You know that two million four hundred thousand be killed in the Korean War. So this language of the war. Any people who, when Usasz bin Laden say l'm waging war beeause such such reason. now he declared it. But when you said l?m terrorist, i think it is deceiving peoples. Terrorists, enemy combatant. All these de?nitions as GM ISN ii i 0024 Enclosure (3) Page 23 of?! NatSecAot 1 DETAWEF (through translator): (bll 1) NatSocAot you can make whatever you want. How. you told me when ask about the witnesses. l?m not convinced that this related to matter. It is up to you. Maybe l?rn convinced but your are head and he [gesturing to Personal Representative] is not responsible, the other. because your are head of the committee. So. finally it?s your war but the problem is no de?nitions of many words. it would be widely delimit-e that many people he oppressed. Because war. for sure. tho-re will be. victims. When i said For not happy that three thousand bcco killed in America. feel aorry even. don?t like to kill children and the kids. Never lslum are. give me green light to kill peoplct. Killing, as in the Christianity. Jews. and lslam, are prohibited. But there are exception of'rtrle when you are killing people in lraq. You said we have to do it. We don?t like Saddam. But this is the way to deal with Saddam. Samc thing you are saying. Same language you use. use. When you are invading two- thirds of Maximo, you call your war manifest destiny. it up to you to call it what you want. But other side are calling you oppressors. It? now George Washington. If new we were living in the Revolutionary War and George Washington he being arrested through Britain. For sure he. they would consider him enemy combatant. But American they consider him as hero. This right the any Revolutionary War they will be as George: Washington or Britain. So we are considered American Army hatter: which we have from sot-critics in lraq. Also. in the Saudi Arabian, Kuwait. Qatar. and Bahrain. This is kind of invasion, but I?m not hurt: to convince you. is not or not but mostly speoch is ask you to be fair with people. I?m don?t have anything to say that I?m not enemy. This is why the language of any war in the world is killing. 1 mean the language of the war is victims. ldon?t like to kill people. i feel very sor'ry they been kids in 9! i. What will do? This is the language. Sometime i want to make great awakening: between American to stop foreign policy in our land. I know American people are torturing us from seventies. This is you $86 [I')ctainee hold out wrists] have been tortured by CIA. Nobody will believe me. if i say hero or there the hang mo. strip. for three months I know they talking about human rights. And I Know it is against American Constitution, against American laws. But the} said every law, they have exceptions, this is your bad luck you been part of the exception of our laws. They got have something to convince me but we are doing same language. But we are saying we have Sharia law. but WC have Koran. What is enemy in my language? Allah forbids you not Willi regards to those who light you not for your faith nor drive you out of your homes from dealing kindly and justly with them. For Allah love those who are just. There is one more sentence. Allah only forbids you with regards to those who light you tor your faith drive you out of your homes and it Enclosure (3) Page 24 of (bill) NatSecAct 15-L-1 64511300121 7 Elf PRESIDENT: DETAINEE: (13x3) NatSecAct support others in driving you out from turning to them for Friendship and protection. it is such as mm to them in these circumstances that do wrong. So we are driving from whatcmr titted we do we ask about Koran or lladitlt. We are not making up for us laws. When We need Fatwa from the religious we have to go back to see what they said scholar. To see what they said yes or not. Killing is prohibited in all what you call the people of tho book. lows, Judaism, Christianity, and Islam You know tho Ten Commandments very well. The Tort Commandments are shared between all of 115. We all are serving one God. ?l'hen now kili. you know it Very well. But war language also we have language for the war. You have to kill. But you have to cam: if unintentionally or intentionally target if i have if I?m not at the Pentagon. consider it is okay. if 1 target now when we target in USA we choose them military target. economical, and political. 80? war central victims mostly means economical target. So if now American they know UBL. He is in this house they don"t care about his kids and his. They will iust bombard it. They will kill all of them and they did it. They kill wife of Dr. Ayman Zawaltiri and his two daughters and his son in one bombardment. ?l?hcy receive a report that is his house be. lit: had not boon them. They killed them The}: anostott my kids intentionally. ?llicy are kids. 1119); been for four months they haci been abused. So. for me lhaw: patience. i know I?m not talk about what?s come to me. The American have human right. So, enemy combatant itself, it flexible word. So I think God knows that many who been arrested, they been unjustly arrested. Otherwiso military throughout history know very well. This)! don?t. war wiil mover stop. War start from Adam when Cain ht: killed Abel until now. it?s never gonna astop kiliing of peoplei This is the. way of the language. Amc?can start the Revolutionary War then they starts the Mexican then Spanish War than World War One. World War Two. You read the history. You know ncver stopping war. This is Me. "But if who is enemy combatant and who is not? Finally. ?nish Statement. asking you to be fair with other people. Does that conclude your statement Khalid Slicikli Muhammad? You. Alright. #10024 Enclosure (3) Pogo 25 ol?27 (bio) NatSecAct 8 (13X 1) 031(3) NalSecAct DETAIMEE QUESTIOM ANSWER PRESIDENT: Dues the i?ersonal Representative haw: any questions for {he Detainee based on his statement? PERSONAL E: Nu. Sir. {Bees the Recorder have any questions for the Detainee? RECORDER: No, Sir. Do either 0? the Tribunal members wish to question the thiamine? MEMBERS: No. sir. Nuthing further Sir. 9RESIDENT: Alright. UNCLASSIHED PRESIDENT: All unclassi?ed evidence having been previdcd t0 the 'l?rihunal, this concludes the open tribunal session PRESIDENT: Khalid Shaikh Muhammad, you shall bi: noti?ed 9f the: Tribunal dccisiun upon completinn of the review ofthese proceed by the Ccmbatam Status Review Tribunal convening authority in Washington, D.C. if, the Tribunal determines that ycu Sht?luld not be classi?ed as an enemy combatant? you will he released to your home country as soon as arrangements can be made. if however, the Trihunai determines your classi?cation am an enemy combatant you may be. eligible: for an Administrative Review award hearing at :3 future date. Administrative Review Board make an assessment of whether time is continued reason to believe that you pose a threat to the limited States or its coalitiun partners in the angring armed con?ict against terrorist organizations such as al Qaeda and its af?liates and Supporters. {it whether there are other facmrs; bearing upon the need fer con'tinucti detention. You wili have the Opportunity to he heard and in relevant information ta the Administrative Board. You can present information i?mm your family and friends that might help you at. that Board. Yau arc cncnuraged to contact than as soon as possible it) begin in gather infomatinn that may help you. PRESIDENT: A military of?cer will be assigned at a tater date to assis: 3:911 in the Administrative Review Board princes-a #10024 iinclusurc (3) Page 26 of '37 1) Nat'SecAct NatSecAct ADJOURN GPEN SESSIGN PRESIDENT: The 0pm session 0f this Tribunat hearing is adjourned. RECORDER: The time is 2:43pm. The date is 10 March 2007, All Rise. [The TribunaE with-drew from the hearing room] certify the material contained in this transcript is a true and accurate verbatim rendering of the testimeny and English language transiatiun 0f Detainec?s given during the cpen- session of the Combatant Slams Review 'I'ribu?nal of ISM 1-0024. (W6) I (W6) CAPT EXEC inbunal Premdem ISN #10024 Enciosurc (3) Page 27' of 27 (M 1) NaiSecAct (W1) NatSecAct I I ISN 100.24% Writien Statement Regarding Alleged Abuse Quotes as Taker V?rbatim?'om Damian by Panama! #1 Linguist ?lm'?g Interview with Beminee 21 Fe?mmy 2097 (mm NatSeCAct NQTE: The Detainee requested that Pet-59ml "Representative (PR) #1 submit the failmving Detaince quotes to the Presidium of the Combatant Status Review Tribunal as a Detainee Exhibit. I. the beginning (If ii raided my house in Karachi, They 1001-: my comput?1.my pap?rs, and everything i? the hcuseuaven ma curtains and the salt in the: kitchen. The}; arrested my two kids Hamm. who is IO years aid, and Zaid? who is eight wears old). They were held for ?ve-months. They used ?mm as baitso that I would mm myscIf in. I rejected 10 do that. Than i asked if they would mieaac my chiidrcn and may said it. was decision to make, not theirs. A?er ?ve months, the kids were released They dropped them Off a! a mosquclreligious schaci.? 2. I March 2003' at 3 they raided a home in Rawaipindi, Pakistan. which was not my house. Me and two ef my kids 8.6., Jatal, who is six years old, and Ibrahim, who is (mm . NatSe-cAct (hm NatSecAct (1 ?ve years oid)a?1d IIawgawi were 511 arrested by the. ?rst night.? (mm) NatsecAm man sinned to hit and punch me and Lhreatmed-m torture my if I dad no! IcIl lum where Usama bin Laden was. Then, he transferred me 19 the next room and then I started to hear my kids crying. The same man came back to tell me that i could 310p what I?m (13 hearing. They seized everyzhing in the: house, none of which was remind to me because it NatSecAct was not my house I arrived at Ihis house for the ?rst time the night before, on 28 Feb. at 9 pm." (hm 3? ?Then. I was mnsferrcd to I Before (mm) NatSecACt bezng transferred here. two men kud me dawn, took my pants off and stuck a suppository - in me. After that, I felt} was sedated" 4. ?A?cr arriving at they cut my clothes off with scissors and I believe they were CIA and miIitary. Then, they got a dnctor and checked me out. Then they shaved my (91(1) head and mustache Then. they moi: me to a torture mm. The same qucs?on was assz (W9) NEISECACI ?thrc is Usama bin Every time i said I did not know, they tunured me by dripping very cold water an my head White} was naked. The-n they took mt to number mom and hung me my hands and pourth mid water on m: while I was hanging. From time to time a Doctor came and checked my puise By the Inurth day, I was not fed sulid only Ensure. When I to drink the Ensure, they force~fcd me Waugh the reatum; than I got diarrhea. There: was no bathronmwniy a bucket. And every time I had :0 go [0 the bam'mom, they would ask: rm; down, iet me go. and then hang me back up. All ni'this deprived me and every time I wuuid fall asicwp. the Guards would throw cold Water on me. female CIA and zalked to me whiIe I was naked. and I beIievc the CIA instaile? speakers in my chI where I was hanging and they played loud music. The only time the: music stepped was when I was interrogated.? S. ?Thar: they took me to a third country. I suspch it was Br; for: departing fer the: third cauntry, anamor- gave me a pill which I swallowed, which scdaicd me for the Exhibit 3-6 (DIN I NatSecAct Page I ?f2 (mm NatSecAct (W1) (h 3) NatSecAct 10024?5 Written Statement Regarding Alleged Abuse Quotes as Taker: Verbalim?om Detainee by Pemom! Representative #1 dc Linguist During Interview with ilemirree an 21 Fee-mm}: whole trip. to this new location, they put me in a location underground. The guards were wearing black head to toe, and then three people in black came in. but I could see their faces and the guards were also in the room. ?lltc {ht-ea men tortured me. They wanted to know where and when the eext operation in the USA. would harsher}. They used the same method of torture?l was naked, but they used a hosc instead ofa bucket. They moved me from time to time to a room when: they laid me on a bed, tied me to it with belts. covered my fate with a towel while naked, and they kept pouring water on the towel over my face so couldn?t breath. Then. when I got hysterical, I started ?ying to break free from the hand cuffs. They would turn a handle to make the bed stand vertical immediately so my feet wouldn?t touch the ground. This movement made me burp a lot to purge the water I swallowed. They did this three or four times and the doctor stopped them to take my pulse. Then, they took me back to the room when: was hang and they laid me down on the floor and hen! my feet and arms to the ?oor for about 15 minutes, then they hung me back from my arms from the ceiling. This went on for about a month. This left scars on borh my wrists." b) (1 6. ?Then I starter-l talking?to them when they realized that did not know where URL was (bus) Natsemct and that. that: Information was wrong. Then they transferred the to another room naked. They released my hand cuffs but not my feet cuffs. My feet were not freed omit abou two and V: years later." 7. ?Then on September 2003, they transferred me to another country?l believe in - in this country, they kept our clothes on, but our feet shackled. The (bx 1) rooms were about {our feet wrdt: by tune feet long. The walls were eenmtic, there Was a NatSecAct hook in the ceiling and two hooks on the ?oon and there was a drain in the. floor. From time to time, I would hear other detainees screaming. And now 1 believe there was no more military people handling Inc?only CIA. The only time I ever was handled by Military people was at and the Military never tenured us- ~-=-only CIA tortured us. I Stayed at this location until October 2005. During this time, I was interrogated daily by (but) different peeple from Washington under threat. The threat was: ?If we think you?re lying NatSecAct to us, you?re going back to the torture roorn.? Every lnterrogator that talked to me had three muscled men dressed in black Erom head to too. All this time. i nearer once saw the sun or daylight. They intentionally gem: us the wrong times for prayer." ?mailer,- 8. ?0n October 2005. they transferred me 10 a fourth countryLiving conditions improved. There were books on the ?oor There was a big - room; food was better; it had a gym. Bot gull we were never allOwed to see the sun." 9. ?0n March 2666.1:hey transferred the believe that was the country More in the gym, there was an opening in the tool so this was the ?rst time I could see the sun since March 2003. Again, here the food was bencnand we go: a matt (b on the ?oor to sleep on." (bug) 10. ?On :3 September 2006, was transferred here [to GTMO, Cubaj.? (mm NatSecAct (W3) Exhibit D-cl Page 2 of 2 . W, 3) NatSecAct NatSecAct ESN 22 - Mahammed Nazir bin Lap issues in the evidence for Combatant Status Review Tribunai '19 Mar 2007 by 3 Mr President and members of the board. Upon review at? the documents. I identify the inOWing items. 1. {l8? Exhibit PH 0 is used :9 suppon paragraph 1 9f tin: unclassi?ed (W1) NatSecAct (WU) summary. According to Exhibit 8-2 Gunawan went to ?mi?tarv training" in June or July 2090, and June 2581 at Camp Famq, Afghanistan that included ?mining in cxpiosives". Exhibit states that Gunawan ?rst met ?Bashir" in June 2001 in Qan?ahar, Afghanisxan? It also states that Gunawan lived with Has-hit for the ?duralion of the basic explu-sive training course." i-Iowevcr, Gunawan had basic mining in June or July 2009 not 51151:: 2001. Masran and Bashit were mommies in 2001. According to Exhibit 3-8.. Masran was an: identi?ed as a leader of a suicide team until July or August is no indication that be contacted the other i?enti?ed members of the team. Exhibit mentions an ai Qaida suicide plan for late 2001 to attack the tallest building in California without identifying the Detainee ma part of {his plan NatSecAcl (W1) NatSecAct