Sahib Rohullah Wakil
Encyclopedia
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 been transferred from Guantanamo to the American wing of the Pol-e-Charkhi prison.
, who was captured on Thursday August 22, 2002.
According to the New York Times the night before his capture Rohullah had attended a dinner to honor the newly appointed Governor, and had spoken about al Qaeda.
According to the New York Times Rohullah had acknowledged it was "possible" al Qaeda was regrouping, but that he had his doubts.
The article quoted Rohullah: "I told them, 'If there are Al Qaeda, tell us and we'll take care of them. It has been three months, and they haven't caught any Al Qaeda."
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions
to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunal
s to determine whether captives are, or are not, entitled to the protections of prisoner of war
status.
Subsequently the Department of Defense
instituted the Combatant Status Review Tribunal
s. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant
.
was prepared for
Sahib Rohullah Wakil's
Combatant Status Review Tribunal,
on
25 October 2004.
The memo listed the following allegations against him:
On March 3, 2006, in response to a court order
from Jed Rakoff the Department of Defense
published a summarized transcript from his Combatant Status Review Tribunal.
Wakil chose to participate in his Administrative Review Board hearing.
The following primary factors favor continued detention
The following primary factors favor release or transfer
The identity of the three Sudanese captives
, and the sole Moroccan were made public on the day of their repatriation. The identity of the five Afghans did not immediately become public.
By May 5, 2008 it had become public that a captive named "Haji Rohullah" had been repatriated.
Peter M. Ryan, an attorney who had represented many Guantanamo captives, wrote that Rohullah had merely been transferred from US custody to Afghan custody `
On July 14, 2008 Ryan filed a "Motion to sever petition of Haji Rohullah Wakil" from Civil Action No. 05-cv-1124.
The Center for Constitutional Rights
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison
near Kabul
.
document, reported that Department of Defense
officials claimed
Haji Sahib Rohullah Wakil
was one of 74 former Guantanatmo captives who were suspected of "re-engagement in terrorism."
Wakil was suspected of re-engagement with terrorism because he was suspected of "an association with terrorist groups."
On July 8, 2009 she reported that Wakil was a trusted advisor of the Hamid Karzai
administration. She quoted
comments from Mirwise Yaseeni, a candidate in the upcoming Afghan Presidential elections:
Wakil says that, following the leaked anonymous allegations, he is worried he may be detained without charge a second time, and that he carries a dossier of documents that establish his innocence.
Youssef suggested the doubts Wakil's case cast on the credibility of the DoD claims erodes the credibility of the DoD's claims against other former captives.
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...
Sahib Rohullah Wakil 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 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 the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
His Guantanamo Internment Serial Number was 798.
American intelligence analysts estimate he was born in 1962, in Jalalabad
Jalalabad
Jalalabad , formerly called Adinapour, as documented by the 7th century Hsüan-tsang, is a city in eastern Afghanistan. Located at the junction of the Kabul River and Kunar River near the Laghman valley, Jalalabad is the capital of Nangarhar province. It is linked by approximately of highway with...
, Afghanistan.
He has been transferred from Guantanamo to the American wing of the Pol-e-Charkhi prison.
Background
Sahib Rohullah Wakil, a leader of the Wakil tribe, and a member of Afghanistan's legislature, the Loya JirgaLoya jirga
A loya jirga is a type of jirga regarded as "grand assembly," a phrase in the Pashto language meaning "grand council." A loya jirga is a mass meeting usually prepared for major events such as choosing a new king, adopting a constitution, or discussing important national political or emergency...
, who was captured on Thursday August 22, 2002.
According to the New York Times the night before his capture Rohullah had attended a dinner to honor the newly appointed Governor, and had spoken about al Qaeda.
According to the New York Times Rohullah had acknowledged it was "possible" al Qaeda was regrouping, but that he had his doubts.
The article quoted Rohullah: "I told them, 'If there are Al Qaeda, tell us and we'll take care of them. It has been three months, and they haven't caught any Al Qaeda."
Combatant Status Review Tribunal
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
s to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status.
Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
instituted the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals 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...
s. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an 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...
.
Summary of Evidence memo
A Summary of Evidence memoSummary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...
was prepared for
Sahib Rohullah Wakil's
Combatant Status Review Tribunal,
on
25 October 2004.
The memo listed the following allegations against him:
Transcript
Wakil chose to participate in his Combatant Status Review Tribunal.On March 3, 2006, in response to a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
from Jed Rakoff the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
published a summarized transcript from his Combatant Status Review Tribunal.
Wakil chose to participate in his Administrative Review Board hearing.
The following primary factors favor continued detention
The following primary factors favor release or transfer
Repatriation
On April 30, 2008 nine Guantanamo captives were repatriated.The identity of the three Sudanese captives
Sudanese captives in Guantanamo
Twelve Sudanese citizen have been held at the Guantanamo Bay detention camps, in Cuba and as of today Ibrahim Othman Ibrahim Idris, Ibrahim Ahmed Mahmoud Al Qosi, Noor Uthman Muhammaed remain there.-List of Sudanese citizen at Guantanamo:...
, and the sole Moroccan were made public on the day of their repatriation. The identity of the five Afghans did not immediately become public.
By May 5, 2008 it had become public that a captive named "Haji Rohullah" had been repatriated.
Peter M. Ryan, an attorney who had represented many Guantanamo captives, wrote that Rohullah had merely been transferred from US custody to Afghan custody `
On July 14, 2008 Ryan filed a "Motion to sever petition of Haji Rohullah Wakil" from Civil Action No. 05-cv-1124.
The Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of 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...
near Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
.
Pentagon suspect that he had "returned to the fight"
On May 20, 2009, the New York Times, citing an unreleased PentagonThe Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...
document, reported that Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
officials claimed
Haji Sahib Rohullah Wakil
was one of 74 former Guantanatmo captives who were suspected of "re-engagement in terrorism."
Wakil was suspected of re-engagement with terrorism because he was suspected of "an association with terrorist groups."
July 2009 McClatchy profile
Following the publication of claims in May 2009 that Wakil had ""associations with terrorist groups" Nancy A. Youssef, of the McClatchy News Service conducted an investigation into the credibility of these claims.On July 8, 2009 she reported that Wakil was a trusted advisor of the Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
administration. She quoted
comments from Mirwise Yaseeni, a candidate in the upcoming Afghan Presidential elections:
Wakil says that, following the leaked anonymous allegations, he is worried he may be detained without charge a second time, and that he carries a dossier of documents that establish his innocence.
Youssef suggested the doubts Wakil's case cast on the credibility of the DoD claims erodes the credibility of the DoD's claims against other former captives.
External links
- Who are the Afghans just released from Guantánamo? Andy Worthington