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CSRT Summary of Evidence memo for Arkin Mahmud


To: Personal Representative
From: OIC, CSRT (November 9 2004)
Subject: Summary of Evidence for Combatant Status Review Tribunal - Arkin Mahmud


Under the provisions of the Secretary of the Navy Memorandum, dated 29 July 2004, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base Cuba, a Tribunal has been appointed to review the detainee's designation as an enemy combatant.


An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This included any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces."


The United States Government has previously determined that the detainee is an enemy combatant. This determination is based on information possessed by the United States that indicates that he is a member of the Taliban.

a. The detainee is associated with forces that are engaged in hostilities against the United States or its coalition partners:
  1. The detainee traveled from China in August 2001 and arrived in Afghanistan in September 2001.
  2. The detainee stayed at a guesthouse in Kabul, Afghanistan for approximately six weeks.
  3. The detainee was in Afghanistan when the U.S. bombing campaign began.
  4. The detainee traveled with an individual who may be involved with the East Turkistan Islamic Party (ETIP) aka East Turkistan Islamic Movement (ETIM).
  5. The East Turkistan Islamic Movement is listed in the U.S. Department of Homeland Security, Terrorist Organization Reference Guide, as being one the most militant groups and has ties to al Qaida.
  6. The detainee fled from Kabul to Konduz, Afghanistan when the U.S. bombing campaign started.
  7. The detainee was captured by the Northern Alliance in Mazar-E-Sharif .
  8. The detainee was present during the Mazar-E-Sharif prison uprising .

The detainee has the opportunity to contest his designation as an enemy combatant. The Tribunal will endeavor to arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemy combatant. The Tribunal President will determine the reasonable availability of availability of evidence or witnesses.


Exhibit R-1