Rohullah (Bagram detainee)

Last updated

Haji Rohullah (born c. 1967) is a citizen of Afghanistan held in the United States' Bagram Theater detention facility, in Afghanistan. [1] Rohullah worked as a driver before being seized at his farm in Jalalabad in August 2006. [2]

Contents

Identity

A captive was held in the United States' Guantanamo Bay detention camp in Cuba, named Sahib Rohullah Wakil, a member of Afghanistan's legislature, who is also known as "Haji Rohullah". [3] [4] On January 16, 2010, the Department of Defense was forced to publish the names of the 645 captives held in the Bagram Theater Internment Facility. [5] Three of the individuals on the list were named Rohullah. The list distinguished between them solely by a sequence number: 003417, 003830, and 003841.

Capture and detention

When Rohullah's writ of habeas corpus was first filed, in 2006, it stated he had been captured in his home a year earlier. [1] Eleven other men were captured at the same time, but they were all released.

Ruzatullah v. Gates

Rohullah is one of the first enemy combatants held by the USA in a detention facility in Afghanistan who has been held able to mount a challenge to his detention through the US court system. [1] Rohullah, and another Afghan, Ruzatullah, had a writ of habeas corpus submitted on their behalf in November 2006. [6] [7] [8] [9] On August 10, 2007 Rohullah's lawyers submitted a motion requiring the United States Department of Defense give thirty days' advance notice if they planned to transfer him from US custody to Afghan custody. They informed the court that Ruzatullah was quietly transferred out of US jurisdiction, without any notice, in June 2007.

The arguments in the motion were:

  1. Petitioner Rohullah Will Suffer Irreparable Harm if He is Transferred Without Notice or an Opportunity to be Heard
    1. Petitioner Ruzatullah Faces the Threat of Irreparable Harm Based on the Potential Loss of his Habeas Claims
    2. Petitioner Rohoullah Faces the Substantial Threat of Torture
  2. Petitioner Rohullah Has a Substantial Likelihood of Success on the Merits
  3. The Requested Relief Will Not Harm Respondents
  4. Public Policy Unequivocally Favors the Granting of Petitioner's Request

Rohullah and Ruzatullah are represented by A. Katherine Toomey, Eric L. Lewis and Dwight P. Bostwick of Baach, Robinson & Lewis and Tina Foster of the International Justice Network. [8]

Jean Lin, a Justice Department attorney, had characterized the motion as ab "extraordinary and drastic remedy." [2] Lin had argued the motion would: "... interfere directly with the executive's conduct of war-making and foreign policy."

On October 4, 2007 U.S. district court judge Gladys Kessler ruled in Rohullah's favor that the DoD had to give his lawyer's thirty days advance notice of plans to transfer him from US custody. [2]

On December 2, 2008 Sandra Hodgkinson, who was then the Deputy Assistant Secretary of Defense for Detainee Affairs, had a letter to the editor published in American Law, responding to Daphne Eviatar's article on Bagram captivity. [10]

Related Research Articles

Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.

Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.

Combatant Status Review Tribunal Tribunals of US detainees at Guantanamo Bay

The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.

Bisher Amin Khalil Al-Rawi is an Iraqi citizen, who became a resident of the United Kingdom in the 1980s. Arrested in Gambia on a business trip in November 2002, he was transferred to United States military custody and held until 30 March 2007, in extrajudicial detention in the United States Guantanamo Bay detention camp at its naval base in Cuba. His Guantanamo Internment Serial Number was 906. The Department of Defense reports that Al Rawi was born on 23 December 1960, in Baghdad, Iraq.

Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.

Abu Bakker Qassim, et al. v. George W. Bush, et al. (05-5477), is a case in which two Muslim Uyghurs challenged their detention at the Guantanamo Bay Naval Base in Cuba.

Muhammad Saad Iqbal Pakistani citizen (born 1977)

Muhammad Saad Iqbal is a Pakistani citizen who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Madni's Guantanamo Internment Serial Number was 743. The Department of Defense reports that he was born on October 17, 1977.

Jawad Jabber Sadkhan is a citizen of Iraq who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Sadkhan's Guantanamo Internment Serial Number was 433.

Fethi Boucetta is a citizen of Algeria, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 718. The Department of Defense reports that he was born on September 15, 1963, in Algiers.

Hajji Sahib Rohullah Wakil is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 798. American intelligence analysts estimate he was born in 1962, in Jalalabad, Afghanistan. He has since been transferred from Guantanamo Bay to the American wing of the Pol-e-Charkhi prison in Kabul, Afghanistan. On November 18, 2019 the U.S. Department of the Treasury designated him for supporting activities of the ISIS branch in Afghanistan.

Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.

The Parwan Detention Facility is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during the George W. Bush administration. The Parwan Detention Facility, which housed foreign and local combatants, was maintained by the Afghan National Army.

Ameen Mohammad Albakri is held in extrajudicial detention in the United States Bagram Theater Internment Facility.

Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.

Gul Mohammed is a citizen of Afghanistan held in extrajudicial detention in United States custody in it Bagram Theater detention facility, in Bagram, Afghanistan.

Kiyemba v. Bush (Civil Action No. 05-cv-01509) is a petition for habeas corpus filed on behalf of Jamal Kiyemba, a Ugandan citizen formerly held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Mr. Kiyemba is the next friend of each of the nine Uighur petitioners, Abdusabur, Abdusamad, Abdunasir, Hammad, Hudhaifa, Jalaal, Khalid, Saabir, and Saadiq, who seek the writ of habeas corpus through the petition

Ruzatullah is a citizen of Afghanistan who was held in United States' custody in its Bagram Theater Internment Facility, in Afghanistan.

<i>Al Halmandy v. Bush</i>

Al Halmandy v. Bush, No. 1:05-cv-02385, is a writ of habeas corpus filed on behalf of 63 Guantanamo detainees, on December 13, 2005. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

Scott L. Fenstermaker is an American criminal defense lawyer, based in New York City.

On January 16, 2010, the United States Department of Defense complied with a court order and made public a heavily redacted list of the detainees held in the Bagram Theater Internment Facility. Detainees were initially held in primitive, temporary quarters, in what was originally called the Bagram Collection Point, from late 2001. Detainees were later moved to an indoor detention center until late 2009, when newly constructed facilities were opened.

References

  1. 1 2 3 Joe Palazzolo (October 29, 2007). "The New Gitmo: The Latest Legal Showdown Over Detainee Rights: Why Afghanistan is becoming the latest front in the legal showdown over detainee rights". Legal Times . Retrieved 2007-10-31.
  2. 1 2 3 Henry Weinstein (October 4, 2007). "Judge says U.S. must alert lawyer on detainee transfer: The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system". Los Angeles Times . Archived from the original on January 28, 2013. Retrieved 2007-10-31.
  3. ↑ "US forces arrest five Afghans". BBC. 24 August 2002. Retrieved 2007-10-31.
  4. ↑ Ian Fisher, John F. Burns (August 28, 2002). "U.S. troops focus on border's caves to seek bin Laden". New York Times. Retrieved 2007-10-31.
  5. ↑ "Bagram detainees" (PDF). Department of Defense. 2009-09-22. Archived from the original (PDF) on 2010-01-24.
  6. ↑ "RUZATULLAH v. RUMSFELD et al" (PDF). Justia.com. January 10, 2007. Retrieved 2007-10-31.
  7. ↑ "RUZATULLAH v. RUMSFELD et al. filings". Justia.com. Retrieved 2007-10-31.
  8. 1 2 "Ruzatullah, et al., v. Richard Gates, et al., Civ. Action No. 06-CV-01707 (GK)" (PDF). Department of Justice. August 10, 2007. Retrieved 2007-10-31.
  9. ↑ Alexis Unkovic (October 4, 2007). "Federal judge grants detainee request for advance notice of transfer". The Jurist . Retrieved 2007-10-31.
  10. ↑ Sandra Hodgkinson (2008-12-02). "Letter to the Editor: The Department of Defense responds to Black Hole, Daphne Eviatar's report on the legal status of the detainees at the U.S.-controlled air base at Bagram". American Law. Archived from the original on 2009-06-03.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.