Ruzatullah
Encyclopedia
Ruzatullah is a citizen of Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

 who was held in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

' custody in its Bagram Theater Internment Facility
Bagram Theater Internment Facility
The Parwan Detention Facility , also called the Bagram Theater Internment Facility, is a United States-run prison located next to Bagram Airfield in the Parwan Province of Afghanistan.It was formerly known as the Bagram Collection Point...

, in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

.

Ruzatullah is notable for being one of the first captives held by the USA in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...

 in Afghanistan to have a writ of habeas corpus filed on his behalf.

Capture

Eric Lewis
Eric Lewis
Eric Robert Lewis , better known by his stage name ELEW, is an American jazz pianist who has found crossover success playing rock and pop music...

, one of Ruzatullah's attorneys, wrote in Slate magazine in August 2007, that Ruzatullah and his brother were captured two and a half years earlier.

Ruzatullah v. Gates

Ruzatullah, and Hajji
Hajji
Hajji or El-Hajj, is an honorific title given to a Muslim person who has successfully completed the Hajj to Mecca, and is often used to refer to an elder, since it can take time to accumulate the wealth to fund the travel. The title is placed before a person's name...

 Rohullah
Rohullah
Ruhullah, also spelled Ruhollah, Rohullah and in other ways , is a male Muslim given name composed of the elements Ruh and Allah. It means spirit of God. It may refer to...

, two men held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...

 in Bagram had a writ of habeas corpus. Ruzatullah v. Gates, filed on their behalf on October 2, 2006.
As of December 2007 lawyers for the petitioners and the respondent had filed a total of 38 sets of documents.

Mark Berman, one of the attorneys for Ali Saleh Kahlah Al-Marri
Ali Saleh Kahlah al-Marri
Ali Saleh Kahlah al-Marri is a citizen of Qatar who was arrested on charges of being a sleeper al Qaeda agent while studying at Bradley University in the United States. After denying any wrongdoing since his arrest, al-Marri pled guilty in a plea agreement to the federal charges on April 30, 2009...

, the only "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...

" detained in the continental USA, wrote that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...

 opened access to the DC Court of appeals to American captives held outside of Guantanamo.
ALI SALEH KAHLAH AL-MARRI

Transfer to Pul-e-Charkhi prison

On June 7, 2007, without any advance notice, the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

 transferred Ruzatullah to the Pul-e-Charkhi prison
Pul-e-Charkhi prison
Pul-e-Charkhi , also known as Afghan National Detention Facility, is the largest prison in Afghanistan east of Kabul. Construction of the jail began in the 1970s by order of former president Mohammed Daoud Khan and was completed during the 1980s...

.
They argued that since the Pul-e-Charkhi prison is an Afghan prison, with Afghan guards, Ruzatullah is in Afghan custody, and is no longer under the control of the USA.

Eric Lewis's response to that argument is that Ruzatullah, and close to one hundred other captives in US custody were transferred to a new US-built wing of the prison, guarded by Afghans who were hired by, and trained by US personnel, and that the control room is staffed by US personnel, these captives are in Afghan custody in name only.
He questioned whether Afghan courts would not be allowed to set these men free.

Lewis wrote that Ruzatullah's family had been allowed to visit him in Pul-e-Charkhi, and that they found him erratic and argumentative.
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