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UNCLASSIFIED//FOR PUBLIC RELEASE
CA: This Periodic Review Board is being conducted at 0 9 08 hours
on June 26, 2018, wi t h rega rd t o t he following detainee: Ha roon al -
A ghani, IS 31 48.
As a reminder, t he unclassified p ortions of t hese p roceed ings
a re being recordec f or t he purpose o f generat ing a ·_r a nscrip ~ _o b e
os t e on he PRS webs i t e.
TRA S 1: [TRANSLATION OF ABOVE]
CA: Rep resen a t ives from he f o l lowing agencies are p resent a nd
are members of _he Board :
DEPARTMENT OF DEFENSE;
DEPARTMENT OF STATE;
DEPARTMENT OF JUSTICE;
DEPARTMENT OF HOMELAND SECURITY;
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; and
OFFICE OF THE CHAIRMAN OF THE JOINT CHIEFS
The following p ersonnel are also p resent:
LEGAL ADVISOR TO THE BOARD;
CASE ADMINISTRATORS;
PERSONAL REPRESENTATIVE;
PRIVATE COUNSEL;
TWO TRANSLATORS;
THE DETAINEE; and,
1 UNCLASSIFIED//FOR PUBLIC RELEASE
OF STAFF.
the
UNCLASSIFIED//FOR PUBLIC RELEASE
SECURITY OFFICER.
TR.I\ S 1: [TRANSLATION OF ABOVEj
CA: The aetainee' s Pers ona l Rep resenta ive, Privat e Couns el,
he d e tainee, a n d one t r a nslat or a re locat e d at t he de t e nt i on
f aci lit y, .s. ava l Stat ion Gu a n a n a mo Ba y, Cub a . They are
attend i n g v i a v i d eo t eleconfere n ce and he d e t a i n e e wa i v e d
t r ans l a l on o f t h e u ncl a ss i f ied summary a n d Pers on a l Re p r e sen tat i ve
a n d Private Counsel's opening s tat ement s. These d ocument s h ave b een
pos t e d o t he Period ic Rev iew Secretariat we b sit e. This se s sion i s
bein g observ e d by foreign, n at iona l a n d loca l med i a ; a n d
re resentatives from non- governmen t a l orga niz a tio n s .
TRA S 1: [TRANSLATION OF ABOVE]
PM: This Boa r d i s convened t o d e t e r mine wh ether cont i n ued 1 - w
of wa r d e t ent ion is wa r ran t e d fo r Haroon a l · Afgh a ni , IS 3 1 48, to
p rot ect a g a ins t a cont inuing signi f ica n t t hreat t o t he s ecur i ty o f
t he nit e d St at e s . From here on forwa r d , will r efe r t o t h e deta i nee
a s Ha roon . Th i s session of _he he a r i n g is unclass l f ied .
TRA S 1: [TRANSLATION OF ABOVE]
PM: Ha roon , t his is your Per iod ic Rev i ew Board t o d e t ermin e
whet her cont inu e d l aw of wa r d e e n t i o n i s warra n e d i n y o u r case .
Cont inu e d l a w o f wa r d e t ent ion will b e warr a n t e d i f it i s n ece s s a ry
t o p rot ect a g a ins t a continuing s ign ifica nt .hreat ·_o t he n a. iona l
2 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
securit y of t he nit e d Stat e s . The f oc us o f t his hea ring i s on t he
t hreat you may p ose to t he United States and i t s int erest s if
r ans f erred or releas e d f rom U.S. cu s ~ ody . I t is no on . he
l a wf uln ess of your detention.
IRA S 1: [TRANSLATION OF ABOVE ]
PM: The Persona l Rep resentat i ve a nd Priv a t e Couns el are y ou r
represen at i ves o ass i st you dur i ng t hi s p roces s . Fi n a lly , t he
translators ensure t hat everyone understand s your s tat ements a nd t hat
you unders t and is wh at is being said during t he hea ring .
TRi\ S 1: [TRANSLATION OF ABOVE]
PM: Persona l Rep resent a tive and Private Counsel, h a s t he
de ta inee h ad an opportunity t o review t he unclas sified s umma ry?
IRA S 1: [TRANSLATION OF ABOVE ]
PC: Yes, sir.
PM: Tha n k you. I will now read t he unclas si f ied summa r y :
Ha roon a l - Afgh ani (IS 31 48) was a Hezb - e Isla rni Gulb uddin
(HIG) comma nder who o r g a nlzed a nd led a tac k s on coa lition f orces i n
Afgh a nistan and se rve d as an in.er mediar y be~ween he senior a l -
Qa' i da membe rs a nd o t her a n i coa li ion f ighters .
IRAS 1: [TRANSLATION OF ABOVE]
3 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
PM: Do Persona l Rep resentativ e a nd Private Counsel wish t o make
uncla ssified opening s t atement s at t his time?
TRA S 1: [TRANSLATION OF ABOVE ]
PC: Yes, sir.
PR: Yes sir.
PM: I' d like t o remind a ll par i cipants hat a ny informa_ ion
sha red a t his t ime mus t e unclas si f ied . I f here ' s a c oncern abou· _
the cla ss ificat ion of t he informat ion, I will ind icate s uch a nd s t op
t he p roceedings unt il we resolve t his issue. Ha s the d e tainee h ad
t he opport unity to rev iew your s tatements?
TRA S 1: [TRANSLATION OF ABOVE]
PR: Yes, sir.
PC: Yes, sir.
PM: Persona l Rep resentat ive, p lea se p roc e ed t hen.
PR: Honorab le Boa r d Members, t h a n k you for t his opport unit y t o
meet wi t h you t oday in an e f for t t o gain your appr ova l for Ha roon a l -
Afgh a n i Gul's r elea s e and repat riat ion. Haroon con· i n ues t o b e a
well- b ehave d d e tainee. He cont inues t o take a jvantage o f t he cla s ses
offered he r e a t Guantan a mo where he improves his s ills in a r t ,
English, compu t ers a nd li f e s k ills.
As noted dur i ng p rior r eviews a nd hea rings , Haroon h a s severa l
i de a s f or businesses t hat could support him a nd his f amily . One o f
4 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
t hese pro'ects is a honey farm, another is an Arabic ba ery,
specializing in b reads and sweets, and a third is an idea for a 'oint
school p ro'ect t ha he would like o introduce in Afghanis tan . In
addition to these pro j ects, Haroon speaks seven language s (Pashtu,
Arabic, Dari, rdu, Farsi, English and Spanish) and could ge a 'ob
as a r a nsla .or or t our guide . He is also willing o take a 'ob as a
taxi or t ruc k driver and will look at any j ob t hat will enable him to
support his family. With the support and assistance of Rep rieve
hrough t heir Life After Guant a n amo Pro'ect , we feel tha Haroon
would find gainful emp loyment wi t h litt le or no d ifficul .y ,
regard less of where he is released .
Haroon wants nothing more than t o p rovide for his family and
raise his da ughter in a s afe environment where she c a n continue her
educat ion. He f eels i t is vital for her to be self - su f icient and to
be able t o choose her own husband when the time is right.
Haroon is here today and knows that t he board has questions, he
is prepared o answer all uestions and p rove t o you t h a . he is not a
.hreat t o t he safety and securi .y of .he ni e d ... ni .ed St a · es, nor
t o any nation.
Than you for your time and consideration in his ma· t er. We are
s anding by to a nswer any questions you may have.
5 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
PM: Than k you. Private Counsel, you may proceed with your
unclassified opening statement.
TRA S 1: [TRANSLATION OF ABOVE}
PC: ear Period ic Review Board Members, my name is Shelb y
Sullivan- Bennis and it is my privilege .o rep resen. Haroon " a l -
Afghani" Gul in .his proceeding. I wri t e his s.at ement .od ay,
eleven years and four mont hs a f t er Ha roon was c aptured - not on a
battlefield, or fighting at a ll, b ut ostensibly for his a lleged
association wi t h a group t hat is now at peace wi t h the Afghan
government.
Haroon spent over nine year s in .s. custod y without ever being
given a ccess to counsel despite multiple documentea attempts to
retain it. With neither counsel nor lega l c ase, those were nine long
years lived wi t hout a ny understanding of t he allegations against him
beyond the one ... the one p aragraph summary p rovided t o him bac in
2008. As his cou nsel today, I h ave no reason to be lieve t hat the
government h a s any int ention of charging wit h a crime ... him with a
crime in a mili t ary commi ssion p roceeding or in a ny o t her.
In light of t he Trump Adminis tra ion's clear policy against t he
relea se o f Guantan amo Bay d e tainees who h ave b een appr ove d for
ransfer by t he Period ic Review Board p rocess, I h ave advised Haroon
agains t answering any bac kward- look ing questions in t his Full Rev iew.
6 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
This advice takes into account ma ny fac t ors - all of which s t em f r om
recent a ction (a nd inaction) on t he part of t he Execut ive. It makes ...
i takes no mathemat ica l p rowess t o det ermine t hi s pas t ye ar' s r a_ e
of a f f irmative determinations in the PRB p rocess: 0%. Coincid e d wi t h
t he ina ugurat ion o f t he t hen Presid e n - e lect who d e c l a red t h at he
wou l d " absolut ely aut horize " t o r_ u r e .echn i q ue s for peop le such a s
Ha roon . Lat er a ssert ing t h a "there should b e no f urt her r elea ses
f rom Gitmo ."
As you we l l know, t he Administ rat ion h a s a l s o closed t he Off ice
of t he Special Env oy for Gu a nt an amo Closure in b ot h t he State and
Defense De pa r t ment s , whi c h, among ot her p riorities, was p revious l y
taske d with d r a fting and negotiat ing d i p lomat ic agreement s wi t h
na tions r e ceiving clea red d e taihees. - Whi l e a t fi r s t t he cha nge
seemed t o take hold in n ame a lon e, i t soon became clea r t h at former
employe e s o f t hat o ffi ce (suddenly d i sbursed t hroughout t he State
De par t ment ) were not a u t horized t o negotiate such d e a l s , d i d n ot
resp ond t o i nq u iries f r om c ou nt r y des ks as o he s.atus of _heir
c lea red nat iona ls, and even u a lly , t he Trump S .ate Dep ar_me nt went a s
fa r as t o d emote a nd d i s mi s s f o r me r Envo y 's Offi ce s t aff, f orb i dding
t hem t o work on former de tainee affairs a l t oge.her.
Fur he r cemen i ng h at pad1 i s --a court f iling made by t he
Depar t ment o f J us t ice in resp ons e t o a Janua ry 18t h c ourt order
7 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
requiring the Government to address "whether [it ] intends to t ransfer
t he Petitioners p reviously designated for transfer by the Tas k Force
and/ or PRB." The Government' s res ponse, filed Feb ruary 16, 2008
[sic] in t he consolidat ed cases o f eight curren de tainees, contained
no plans for release of current __ currently cleared men. Moreover ,
.here was no indication whatsoever that e ff o r t s o nego i at e t he
t rans fe r of such designated men have , in t he pas year, a r e
current ly, or p lan to b e under way.
I t is with this knowledge--t hat now, not only is an affirmat i ve
de t erminat ion by the PRB solely a 11 recommendat ion" that d oes "not
b ind " the Executive, but one that is received b y a n administration
that has removed all p ractical v a lue from such a clea rance--that my
advice rega r d ing part icipat ion is given.
With all due res pect for your ef f orts to continue wi t h t he 'ob
wi t h which you were tas ke d , we hop e t hat you unders_and t he p osit ion
creat e d by t he aforementioned facts and where t h a t leaves us
p resent ly. Iha s a i d , he decision regarding t he manner in which he
participa.es is and will remain Haroon's t o ma e.
I am p roud t o s ay t hat Haroon has used his d ecad e in .s.
cus t ody as wisely as one could : he learns . You h ave seen multip le
hund red page business p rop os a ls r a nging from a honey b ee farm t o a
bakery; now Haroon h a s focused his attention and t ime on t he worthy
8 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
t op ic of t he e ducat ion s ystem in Afghanis t an. Haroon is fully
capa b le of supp ort ing himsel f p ost - release, wit h five l a nguages a nd a
een sense of ent rep reneurship under his bel ; i g oes wi . h ou saying
tha t Rep riev e will b e behind him e ve ry s t e p o f t he way, making hi s
t r ansi t ion easier , as we h a ve f or s o ma n y b e f o re him t h r ough our
funded Li f e a ft er Guan a namo p ro'ect . His famil y remains read y a nd
availab le t o a ssis · him, in he unlikely e vent .ha he requires t hei r
support , a s their s tatement s make clear. Ha roon is inarguab ly one of
t he mos t poli t ically in f ormed and socially liberal men in Gua ntan amo
today a nd I see no ind icat ion tha t hi s b ehavior or s t a t ements over
the las t decad e contradict that a ssert ion. If t his review i s
intend e d to b e a true evalua tion of t he threa t he p oses tod ay, as
oppos e d t o a f orum f or confe s sion t o a ll of t he a llegat ion s that t he
government believes to b e true, I see no rea son t hat t his hea ring
wou l d not result i n a posit i ve d e t ermination. Thank you.
PM: Bo a r d Members may res e rve quest ions unt il de ta i nee a nd
witnes s s a .ement s h a ve been p r ese n .ed in heir e nt ire y . Does
a n yone have a q ues ion at t his t ime?
TRA S 1: [TRANSLATION OF ABOVE ]
PM: Wi h no q ues t i ons , t his c oncludes t his p ort i on o f .he
hearing. I a s k t hat all remain seat e d unt il fur t he r ins t ruct e d by
t he Ca se Administrator.
9 UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
TRA S 1: [TRANSLATION OF ABOVE]
CA: Okay, we will take a 15- minute recess to prepare for the
remaining sessions.
TRA S 1: [TRANSLATION OF ABOVE]
[The public session closed at 0924, 26 June 2018.]
[END OF PAGE]
18 -UNCLASSIFIED//FOR PUBLIC RELEASE
UNCLASSIFIED//FOR PUBLIC RELEASE
ABBREVIATION AND ACRONYM KEY
BM: BOARD MEMBER
CA: CASE ADMI ISTRATOR
DET: DETAI EE
PC: PRIVATE COU SEL
PM: PRESI DI G MEMBER
PR: PERSONAL REPRESE TATIVE
TRANS 1: TRM SLATOR 0 E (LOCATED AT PRS HQ)
TRA S 2: TRA SLATOR TWO (LOCATED AT GUA TA AMO BAY)
11 UNCLASSIFIED//FOR PUBLIC RELEASE