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15 Oct 04
MEMORANDUM FOR RECORD
TO: CSRT Legal Advisor
From: PR23
SUBJECT: Detainee   Witness Approval by Convening Authority
1.

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.

2.

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.

3.

Despite the new information, detainee   still does not wish to appear before the Tribunal or call the approved witnesses.

  Maj, USAF
Personal Representative #23