The Case of Mohammed Jawad, Afghanistan

Mohammed Jawad, an Afghan citizen, was captured in Afghanistan in December 2002. He was seventeen years old on the date of his arrest, and he is one of two prisoners at Guantánamo charged with acts allegedly committed as a juvenile. Jawad’s age is likely to be a focal point in his case.

Jawad is accused of throwing a grenade at a U.S. military vehicle in Kabul, Afghanistan on December 17, 2002, and injuring two American soldiers and their Afghan translator. He was designated an “enemy combatant” at a Combatant Status Review Tribunal (“CSRT”) on October 19, 2004.  On December 6, 2005, an Administrative Review Board (“ARB”) found that Jawad continued to pose a threat to the United States and should not be released or repatriated to his home country. The determination was based on government claims that Jawad belonged to a group affiliated with al Qaeda and received training on grenades. The government also relied on a signed “confession” made while Jawad was in Afghan custody. Jawad has alleged that Afghan police tortured and beat him and threatened to kill him if he did not confess. A second ARB was held in late, 2006, at which the board again found that Jawad continued to pose a threat to the United States.

On October 9, 2007, the Convening Authority swore charges against Jawad for attempted murder in violation of the law of war and intentionally causing serious bodily injury. The charges were referred for military commission trial on January 30, 2008.

Jawad’s arraignment before the military commission was held on March 12, 2008.  During the proceeding, Jawad refused to accept the assistance of his military counsel, said he did not know a civilian lawyer to take his case and did not want to represent himself, and announced he did not want to proceed with the trial.  The military judge, Marine Colonel Ralph Kohlmann listened intently but then went forward with the arraignment and ordered Jawad’s military counsel to stay on the case. 

Pretrial proceedings are scheduled to continue on May 7, 2008.