This morning an Afghan who traded currency with the Taliban formally asked the U.S. to release him from Guantanamo Bay after over 14 years of imprisonment.
Haji Wali Mohammad, who is referred to as “Wali Mohammed” or “Mr. Mohammed” by his U.S. Government personal representative and his private counsel, hopes that the PRB will find that he is not a threat to US national security, and that the U.S. Government will thus release him from Guantanamo Bay. A detainee may either be repatriated to his home country, or resettled to a third country.
There seems to be agreement across the board that Wali Mohammed operated a currency exchange business and conducted financial transactions in the 1990s, when the government of Afghanistan was under Taliban control, and that some of the transactions involved Taliban members or Taliban controlled entities, and there seems to be agreement that transactions with certain entities occurred before, during and after the Taliban was in control.
The U.S. government noted:
We assess with moderate confidence that AF-560 conducted financial transactions for Usama Bin Ladin in 1998 and 1999, either directly or through his ties to the Taliban, and was probably motivated by financial gain. We note identifying details for AF-560 have been corroborated, but there has been minimal reporting on AF-560’s transactions completed on behalf of Bin Ladin. Efforts to link AF-560 to Bin Ladin are complicated by several factors, including incomplete reporting, multiple individuals with AF-560’s name-Haji Wali Mohammad, and lack of post-capture reflections. AF-560 was captured on 24 January 2002.
The U.S. government continued:
AF-560 during his detention has never made statements clearly endorsing or supporting al·Qa’ida or other extremist ideology, but probably has a pragmatic view of the role the Taliban held in Afghanistan. He most likely judged that it was prudent to work with, rather than against, the Taliban Government in the 1990s. During his detention, AF-560 appears to have formed a more liberal view of politics in Afghanistan and has said the Taliban will have to change if they want to remain viable in the country, including changing their policy on women’s rights and education.
Countering, the Wali Mohammed’s private counsel contended:
Wali Mohammed’s business was currency exchange. He bought and sold currency in Pakistan and the UAE with the aim of capitalizing on differences in exchange rates. As he has freely admitted, in late 1997 and early 1998, he entered into a partnership to pursue such a currency arbitrage with the Central Bank of Afghanistan -then under the control of the Taliban government. As Wali Mohammed has said, and as an expert on his behalf confirmed ,such partnerships were commonplace before, during, and after the Taliban regime. Wali Mohammed described, and the expert confirms, the sudden and significant volatility in the value of the Pakistani rupee in 1998.
The result was a catastrophic loss -roughly a half-million of the $1.5 million the Central Bank had invested. After the Taliban government learned of the loss, investigators fired the head of the Central Bank, threatened Wali Mohammed with prison, actually imprisoned his cousin, and forced the entire loss on him – in violation of the terms of the deal. This is not the kind of treatment one would expect of someone who was part of or of any importance to the Taliban.
The disastrous failure of the Central Bank transaction also makes it implausible that Wali Mohammed conducted financial transactions for Osama Bin Ladin thereafter -leaving aside that Mr. Mohammed speaks little Arabic and bin Ladin spoke no Pashto. Two intelligence experts on behalf of Mr. Mohammed -one, the former Director of Human Intelligence Collection for the DIA; and the other, a former DIA intelligence analyst, identities expert, and, after the 9/11 attacks, a CIA contractor and charter member of the Terrorist Threat Integration Center, the National Counter Terrorism Center, and the Advanced Analytics Team -have shown, consistent with the Detainee Profile, that the identification of Mr. Mohammed is problematic .Even the late Taliban leader, Mullah Akhtar Mansour, reportedly carried a passport bearing the name “Wali Mohammed.”
This Periodic Review Board (PRB) was ordered pursuant to a 2-11 Executive Order for Guantanamo detainees.
Indiana McKinney involvement in this PRB
This morning’s PRB had no representation by the Periodic Review Board Project (PRBP) of the Indiana University McKinney School of Law. To date, I am the sole individual from the PRBP monitoring PRBs on site, and I have attended several PRBs over the last several months. Postings about these PRBs can be found here.
We nominated Mr. Jeffrey Meding, a McKinney Juris Doctor graduate, to attend today’s hearings, but his request to attend and monitor has not been granted. We are in discussions with the Periodic Review Secretariat (www.prs.mil) further to seek permission for Mr. Meding to attend PRBs, and for others affiliated with our PRB project (PRBP) to attend, particularly when I am not able to attend.
As it happens, in any event, I did not receive my usual clearance from the Pentagon to attend today’s PRB, though I submitted my request to attend last week. Typically, a day or so before the PRB, the Pentagon sends cleared observers an e-mail with details about permissions, logistics, and rules. I did not receive such and e-mail yesterday before this morning’s (25th) scheduled PRB.
We look forward to clarity in the process, and full opportunities to cover PRBs, under one or more of the various categories of persons / entities permitted to observe PRBs – whether media, non-media NGO, non-media individual.
As I did not attend this morning’s hearings, at this point I do not know whether Wali Mohammed actually attended his PRB this morning, or indeed whether the PRB went forward as scheduled. I cannot comment on his apparent demeanor, his looks or clothing, his interaction or non-interaction with the others in the room, whether there were any technical or other difficulties, or anything else of note regarding this PRB. I cannot comment on the efficiency of our usual Pentagon escorts this morning, though it is likely that all went like clockwork, as is typical, from pickup at the Pentagon’s Visitor Center, through badge clearances, winding-hall walking, and escort to the Pentagon’s exit post-hearing.
But as for the PRB hearings themselves, reading the text of submitted documents before the hearings does not provide a full picture of the hearing. Reading transcripts post-hearings does not provide a full picture of the hearing. Reading news reports or postings by NGOs also does not offer a full picture of the hearing. Short of being present in the PRB room at Guantanamo Bay, the best place to observe PRB hearings is in the closed, secure conference room at the Pentagon. In that room, you can see and hear in a way that is more helpful than just reading.
Mr. Meding was the first Indiana University McKinney Affiliate to travel to Guantanamo Bay, Cuba on behalf of the Military Commission Observation Project (MCOP) of the Indiana University McKinney School of Law.
Mr. Meding’s PRB participation on behalf of the McKinney Law School’s PBRP was approved by the MCOP Advisory Council. Furthermore, the Office of General Counsel of Indiana University cleared our Pentagon travelers for PRB purposes. We now await the Pentagon’s grant of permission for us to send IU McKinney Affiliates to observe PRBs at the Pentagon.
Again, we hope that we receive permission to have full representation at the PRBs that are being broadcast to the Pentagon, typically on Tuesday and Thursday mornings.
My PRB posts
Many of my PRB postings can be found here:
Jeffrey Meding’s Guantanamo Bay posts
Following are some posts by Jeff Meding from his 2012 mission to Guantanamo Bay, Cuba to monitor U.S. Military Commission hearings on behalf of the Military Commission Observation Project of the Indiana University McKinney School of Law:
Additional PRB & PRBP Information
Additional information about PRBs can be found here:
Additional Information abour the Guantanamo Bay Periodic Review Board Project can be found at:
PS: The full U.S. government unclassified statement on Wali Mohammed is here:
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The full Personal Representative Statement & Private Counsel Statement are here:
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By George Edwards