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FREED! Shawali Khan #899 Sold To USA 2002

Nearly 13 YEARS Of U.S. Torture And Guantanamo Detention Without Charges Or Trial

Shopkeeper Sold To U.S. Nov 13 2002 For Bounty

FREED Dec 2014!

#899: Shawali Khan

“All of the allegations Shawali Khan faces are based on ‘multiple levels of Shawali Khanhearsay’, ‘all of the information contained in the reports could come from a single individual’ and ‘no source is identified by name.’”

Washington, D.C. Judge John D. Bates cannot honestly publish this official opinion —

U.S. District Court for the District of Columbia Judge John D. Bates — appointed by George W. (“The Wuss” — daddy used up “The Wimp”) Bush in Dec 2001 — reviewed Shawali Khan’s file and wrote that all of the allegations Shawali Khan faces are based on “multiple levels of hearsay”, that “all of the information contained in the reports could come from a single individual” and “no source is identified by name”

 — and then expect us to trust at all in the impartiality of his “judgement” when he paradoxically concludes a short time later — with no additional evidence — that Shawali Khan should continue to be held indefinitely in the U.S. prison camp at Guantanamo Bay, Cuba, with no charges.

This will not change, because there is no evidence against him and there are no witnesses against him.

Whether threats created cowardice, or promises created corruption, U.S. District Court for the District of Columbia Judge John D. Bates has clearly been compromised. He also doesn’t care who knows it, which says a lot about the size of the threats and/or promises.

Somebody “convinced” U.S. District Court for the District of Columbia Judge John D. Bates to ignore his oath, the facts and the truth as he clearly could see his obligations to those earlier.

Big 'Change' At Guantanamo: Picture of Commander-in-Chief Changed

Candidate Obama said he would close the internationally illegal prison camp off-the-grid on our military base on Cuba, at Guantanamo. The only change at Guantanamo: the picture of the War-Criminal-in-Chief was updated, and they are building the biggest, best new ‘black ops’ compound in Gitmo to house the really bad bad guys out of earshot and eyesight, in case the Red Cross would like to visit during, unfortunately, a separate lock-down there from the rest of the captives apparently being held forever, illegally, without real access to attornies, without charges, and without trials, by the U.S.A.

Ongoing Guantanamo Prisoners Coverage by The New York Times:
New York Times’ Guantanamo Docket: Internment Serial No. 899

July 09 2010
Judge Denies Habeas Petition of Afghan Shopkeeper at Guantánamo

by Andy Worthington

Horrible, corrupted ruling. Wonderful, comprehensive article.

Sep 22 2009
Sold To The United States For Cash
by Leonard C. Goodman

Kidnapped and sold by corrupt warlord Gul Agha Shirzai, who was “governing” Kandahar province

Shawali Khan

As of November 13, 2014, Shawali Khan has been held in the U.S. prison camp at Guantanamo Bay, Cuba, without being charged, for 12 years.

Shawali Khan, born in 1963 in Kandahar, was kidnapped in Afghanistan on Nov 13 2002, sold to America as an active “insurgent” in his home town on hearsay alone, and sent to the U.S. prison camp at Guantanamo Bay, Cuba, without anyone checking to see if the allegations made against him were true or false.

Before they even left Afghanistan, Shawali Khan and his brother were tortured for a month. Both were shipped to Gitmo for the same reasons, yet Shawali Khan remains locked in a cage in the Guantanamo prison camp, while his brother was released years ago and is back in Afghanistan running Shawali Khan’s shop.

He’s had several incompetent military “reviews” and has never been charged with a crime. In over eight years and three months no one from anywhere in the world has presented any evidence that he has committed any terroristic crimes.

On Pages 8 and 9 of the Administrative Review Board Round 1 Transcripts you can read his full answer to a military officer board member’s question, beginning at the bottom of Page 8: “If you were to be released how would you support yourself and your children?”

Shawali Khan’s answer finishes with the prison camp inmate answering, bizarrely, [with my notes, aiming only for clarity] “I am happy here, I just want [someone official] to go ask [anyone near my rented home where I lived or near my 6-year-old gasoline shop who knew or knows me] that if I was a threat to America [and if you find any evidence that I was ever or I am] then keep me here.”

He was a shopkeeper selling gasoline and kerosene. Shawali Khan’s lawyer, Leonard C. Goodman, has reviewed Shawali’s confidential file and says he was simply a merchant, denounced for a bounty.

Shawali Khan worked alongside his mother’s brother for three months 15 years ago against the Russians in Afghanistan. He didn’t fire a gun except for practice. When the Taliban turned on his uncle because he didn’t agree with them, that uncle moved to Pakistan. The two did not associate much after that, and Shawali Khan also got away from the Taliban’s conscription as soon as possible.

Shawali Khan describes enemies he made among the Taliban when he was helping the Americans later. He has a theory that it is among those enemies, his and the Americans, that the people can be found who sold him to America with made-up, hearsay charges and no evidence.

Current Status Unchanged:

Over eight years of the worst forms of incarceration, no evidence, and the following Washington, D.C.-based U.S. District Court judicial opinion, are primary factors favoring the immediate release or transfer of Shawali Khan

U.S. District Court for the District of Columbia Judge John D. Bates — appointed by George W. Bush in Dec 2001 — reviewed Shawali’s confidential file and wrote that all the allegations he faced were based on “multiple levels of hearsay”, that “all of the information contained in the reports could come from a single individual” and “no source is identified by name.”[2]

When the Americans invaded Afghanistan in October, 2001, Shawali Khan was living in Kandahar City, selling kerosene and gasoline.

On Nov 13 2002, he was riding his motorcycle from his home to the market when he was grabbed by four Afghan men working for the corrupt warlord, Gul Agha Shirzai, “governing” Kandahar province. A short while later, he was transferred to the Americans. Shawali Khan was sold to the U.S. for a cash bounty.

Unsurprisingly, information about the bounties or to whom they were paid, including information about the torturers, is unavailable to Shawali Khan or his defense, because even its existence is “Secret”.

He’s being held because the U.S.A. can and will abuse even the internationally illegal permissions we have given ourselves to do anything to anyone, anywhere, anytime we want to label them “enemy combatants”. We can “disappear” anyone for any or no reason with the worst of nations now and keep our actions under the “Secret” label, to protect our nation from knowing the truth about our crimes against humanity.

Shortly after the invasion, the U.S. military littered Afghanistan with leaflets offering bounties of up to $20,000 cash in exchange for the capture of al Qaeda or Taliban fighters. One leaflet promised thousands of impoverished Afghanis already in war survival mode “enough money to take care of your family, your village, your tribe for the rest of your life.”

In a Nov 2001 press briefing, U.S. Secretary of Defense Donald Rumsfeld bragged that the bounty leaflets were falling from the Afghan sky “like snowflakes.”

 

One response to “FREED! Shawali Khan #899 Sold To USA 2002

  1. Lev2013orSTFU

    Wed Jun 01 2011 at 12:21 pm

    The following partial reply to the charges against him which were used to label him as an Enemy Combatant was taken directly from the eight pages of fascinating “Combatant Status Review Tribunal” transcripts pertaining to #899 Shawali Khan, put online by The New York Times as part of “The Guantanamo Docket”, documents and research related to the 779 people who have been sent to the Guantanamo Bay Prison Camp since 2002.

    http://projects.nytimes.com/guantanamo/detainees/899-shawali-khan/documents/4

    From the Unclassified portions:

    From Detainee #899, Shawali Khan:

    I will give now an explanation about each allegation.

    For number one, I never was a member of them, never allied with them; I was an enemy of them.

    For the second one, my uncle or cousin was no commander of a terrorist organization. If Karzai is a terrorist, then my uncle is also a terrorist. If this is true, then my mother, brother, cousin and uncle are also. If Karzai was Taliban then my uncle is. Only my uncle worked for the Karzai government. Fifteen years ago, everybody was working for HIG during the time of the Russians; (if this is true) then all of Afghanistan is terrorists. All of Afghanistan belonged to this group 15 years ago. All I did was drive a car that belonged to the Karzai government because they paid me to drive a government car.

    Number three; I did not work as a communications operator. I showed the Americans my store and my house. They searched and they did not find any evidence, or telephones; just the documents.

    Number four; do you know when and how? I spent only three months [working] for the Karzai government. How and when are they a terrorist group?

    Five, the American government says they are a terrorist organization. How does the American government stamp anybody or anyone as a terrorist? What evidence do you have to prove this is a terrorist group?

    They say they found tanks, rockets and others guns. What kind of evidence do you guys have? The day and time other Afghans turned me over to the Americans, I took them to my store and house. They searched everything in my home and my store and only found one empty bullet (empty shell of Kalashnikov). If there’s not but one empty shell, then forget the whole thing.

    They have some evidence or paper to transfer a Kalashnikov. Those receipts belong to my uncle when he did Karzai government work. When my uncle quit or resigned the job, the weapon was returned back to the government. That was the reason I kept the receipt; it was for records and for proof. If someone asks in the future what happened, then I would have a receipt for the weapon. The receipt would tell the time the weapon was given back to the government. That was the only reason, nothing else.

    Eight, there were areas close to our house that belonged to Arabs. At that time, all the Arabs escaped; some people grabbed chairs, tables, anything they could find. I found some wire to use for my electricity. Houses are close together; you could walk from the top of one house to the other. I don’t know who threw the wire into the street. I don’t know who left the wire there.

    One more thing: I was never involved with any terrorist group, and I never witnessed a terrorist group, I only helped out the American government. I think for this reason, my enemy put me in trouble. There were two times when there were operations by the Americans against al Qaida. I was the one that helped take them to this area where they were. I still think people associated with al Qaida turned me in because I helped the Americans. Maybe this is the reason. Still, people in the new government associate with al Qaida. If anybody is against al Qaida, they find an excuse to put you in trouble. That time after they stole my bike, they took my money and took away my store.

    They didn’t take me from another country; they took me from my own business. It’s up to you guys of my judgment.

    Also, I have no association with my uncle. He has his own house and life. I have my own house and life. There is no connection. He is almost 20-25 years in Pakistan, and I live in Afghanistan. He only came to Afghanistan for three months to work for the Karzai government, and they paid me to drive the car. The Taliban killed my uncle’s brother. He was never in Afghanistan because he was afraid of the Taliban. Maybe that’s the reason he left the country after three months; he left the job.

    To my knowledge, my enemy possibly found out about the receipt of the weapon. There’s no more HIG, especially in Kandahar; that was a long, long time ago, about 15 years ago. The only government in power is Karzai. There are no other people or organization. That’s all I will say.

    Tribunal President: We may have some questions for you, but does that complete your statement? Detainee: Yes.

    Tribunal President: Thank you for your testimony.

    At this time, the Tribunal President allowed the Personal Representative and the Tribunal Members to ask questions.

    Personal Representative: Referencing (3.a.6) the tanks and the equipment found on that property; did you live there on that property?

    Detainee: No.

    Tribunal Members ‘ Questions to Detainee:

    Q: There were some things I would like to clarify. There was mention of your grandfather; does he have anything to do with any of this?

    A: My mother’s brother only.

    Q: Did your uncle have some position of responsibility with HIG?

    A: No. He was only in contact with the Karzai government. Fifteen years ago he was with FUG.

    Q: When we talk about this organization, it is HIG that we are talking about, there is no other?

    A: There’s another organization also under Rabbani or Sayyaf. I don’t remember all of the names.

    Q: As we understand it, it would be Hezb-e Islami Gulbuddin. Is that the correct name for the organization?

    A: There’s only one person by this name. After I saw him in some pictures, we know that 15 years ago there were three groups led by Hekmatyar, Rabbani and Sayyaf. Sometimes you heard on the radio which group belonged to whom.

    Q: The original purpose of this group was to resist the Russian occupation of Afghanistan?

    A: Yes.

    Q. After the Russians left, what was the purpose of the group then?

    A: When the Russians left, they fought each other.

    Q: When they are speaking about you being an operator of communications equipment, do you know what they are talking about?

    A: People can say anything and don’t have to have a reason. They robbed me, took my money and took my bike; they have to find something to put on me for an excuse. If I turn to the Americans, I have to find something. The true thing is if anybody turns in anybody, they have to find something. It is just nonsense.

    Q: So you don’t have any special training or expertise with communications?

    A: Never. I barely read or write Pashtu or Farsi. I never did have any training.

    Q: Before you came to the camp, what was your occupation in Afghanistan?

    A: I had my own store; I was in the business of oil and petrol, I don’t know why they did not find the evidence; they must not have looked. Still, my brother is running the business. I don’t know why they don’t find this place. My brother was also arrested with me, but he was released, and sends me letters from the store address.

    Q: Was he sent here for the same reason as you?

    A: Yes, for the same thing. In one month, they tied our hands and left us hanging like this for one month. They put us in a small box. The same people still exist and work for the government. Maybe these people did not look for the evidence. Why didn’t they find it? They don’t want to look. There is a military officer that is still the existing police chief in Kandahar City. He can be found easily. They don’t want the whole truth. Our embassy or state ministry, I think they are lying.

    Q: Do you have any idea why your brother was released, but not you?

    A: I was hoping they’d release me too, because they found nothing. For some reason, they didn’t release me, only my brother. Maybe it was those people because I helped the Americans.

    Q: The gas and oil store; how long did you have that business?

    A: The store was for rent. Anyone can rent it for business. I had it since the Taliban was in power.

    Q: How long was that?

    A: Three years of Taliban times, and three years since until now; about 6 years.

    Q: Before that, what was your occupation?

    A: I had a farm with fruit. At one time, there was a drought and no water and no profit, so I came to the city for the store or business to support my family.

    Q: And this was the same family orchard that we were talking about earlier?

    A: Yes, it was my home. One of the reasons I came from there to the city, was because the Taliban would ask anyone that had a garden for money. If you had no money, then you must give up a person to join the Taliban. The last time they asked for money or for a person, they took me by force for two months. Then I said, please let me go, and I gave them my entire garden and went to the city.

    Q: At the store, did they (the Taliban) ask for money or people, too?

    A: They came and forced me into jail. They physically abused me. I gave them the garden. I said, that is not my garden anymore. The garden is yours. Maybe if I just said forget it, they wouldn’t bother me anymore.

    Q: So they didn’t do the same thing to you at the store that they did to you at the orchard?

    A: No. I gave them the garden. When I gave them the whole thing, they didn’t bother me anymore.

    Q: Do you have personal enemies that you believe may have made these accusations against you?

    A: I think I had one because when I helped the Americans, they didn’t like that. When the Americans and I went to some houses of some people that work for the Karzai government, they saw me and got me into trouble. The Taliban is my uncle’s enemy, and they turned against one uncle and killed him. This is common sense, that when you want revenge, give some money to someone, and the money will help get them into trouble. Money will do anything you want.

    Q. Did someone actually say that to you, that if you gave them some money that they wouldn’t give you to the Americans?

    A: First of all, an enemy can make money on you and sell you. Another thing, if I have money, then I can turn you over to Americans. Before that, he asked me for dollars, and he took money from my store with the keys he took from me for the box; he also took the money because it wasn’t with me and also took my bike.

    The whole thing was for money. That was enough to find some reason and put my name on the paper. How come in the heart of the city, I’m working day and night undisturbed? Anywhere hiding could be terrorists, but the government is always watching. They could be hiding anywhere. My store and my house are close; 50 meters around me are military personnel all the time. Around me are government people always watching or guarding something.

    Q. Besides the HIG, were you ever affiliated with any other group, or did you have a position of responsibility with them?

    A. For personal needs, I never did answer to HIG. Fifteen years ago I never did, and I never did again or with anybody. The only time I did was when Karzai came to power, I did for three months, because I was happy, but they turned their backs on us.

    I was hoping and wishing and looking forward to Americans to come here and better our life and better our country.

    I don’t know how I ended up in Cuba. A lot of people everywhere out there lie, from A to Z against each other for power and money against their enemy.

    Tribunal Member: Thank you very much. I don’t have anything else right now.

    At this time, the Tribunal President asked the Detainee if he had anything else to add. The Detainee replied that he believed he had explained the whole story completely. The Tribunal President explained the remainder ofthe Tribunal process to the Detainee, at which time the Detainee interrupted to inquire as to when he would be notified of the results. The Tribunal President replied that it would take 30-60 days for review by the convening authority, and adjourned the open session.

    AUTHENTICATION I certify the material contained in this transcript is a true and accurate summary of the testimony given during the proceedings.

    >>>Name hidden<<<
    Colonel, U.S. Marine Corps Tribunal President

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