On 25 September 2004, detainee requested two non-detainee witnesses to testify
he was not a member of al Qaida. The first witness was his father and the second
witness was Sheik Mohammed Wali Allah Arrahmani. On 26 September 2004 the
Tribunal President denied both witness requests because they did not have first hand
knowledge of his activities in Afghanistan. On 27 September 2004, detainee was
notified of the Tribunal President’s decision and he elected to not participate in the
Tribunal. A Tribunal was conducted for the detainee on 29 September 2004 and the
results were forwarded to the Convening Authority for approval.
On 13 October 2004, the CSRT Legal Advisor was notified that the Convening
Authority disagreed with the Tribunal President’s decision and authorized the two
requested witnesses. On 15 October, I meet with detainee to inform him of the
decision of the Convening Authority. Based on this decision
I inquired if he would like to participate in his Tribunal and call his witnesses.
Detainee stated he did
not want to participate in the Tribunal and explained other detainee spoke with
attorneys and were told to not appear before the Tribunal or to speak to the Personal
Representative. He stated he did not believe the Tribunals were real and he was
electing wait until an attorney represented him. He also stated he though this was a trick to get him to talk. He was firm in his decision and the interview was terminated.