Awal Gul
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Awal Gul (July 1, 1962 – February 2, 2011) was a citizen of Afghanistan who died in the United States's
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s in Cuba after nine years of imprisonment without charge.


Personal

The Department of Defense reports Awal Gul was born on July 1, 1962. Sawati Ghundi, Afghanistan. He was the father of 18 children. Greenwald, Glenn (2011-02-04
Guantanamo death highlights U.S. detention policy
'' Salon.com''


Relationship with the Taliban

"While the U.S. claims he was a Taliban commander, Gul has long insisted that he quit the Taliban a year before the
9/11 attack The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...
because, as his lawyer put it, 'he was disgusted by the Taliban's growing penchant for corruption and abuse.'" '' USA Today'' reported that Gul "had played a key role in persuading Taliban commanders to surrender Nangarhar Province to a council of tribal leaders." His attorneys wrote in a letter after Gul's death:
The government charged that he was a prominent member of the Taliban and its military, but we proved that this is false. Indeed, we have documents from Afghanistan, even a letter from Mullah Omar himself on Taliban letterhead, discussing Mr. Gul's efforts to resign from the Taliban a year or more before 9/11/01. ... Mr. Gul was never an enemy of the United States in any way. ... We now hear for the very first time in the nearly 10 years since Mr. Gul's arrest, that (1) he operated a guesthouse for Al-Qaida members, and (2) that he admitted providing bin Laden operational support on several occasions. Over the course of almost 3 years in court, the government has never provided any evidence at all to support this slander. Neither Mr. Gul nor any credible witness has ever said such things. Indeed, this is why the government placed Mr. Gul in the group of prisoners set for "indefinite detention;" it admitted that it lacked any credible evidence to prove its suspicions in a court of law. The government never even made these claims until now, when Mr. Gul is not alive to defend himself. Beginning in the early 1980s, Mr. Gul was a member of local forces who were allied with the United States against the
Soviets Soviet people ( rus, сове́тский наро́д, r=sovyétsky naród), or citizens of the USSR ( rus, гра́ждане СССР, grázhdanye SSSR), was an umbrella demonym for the population of the Soviet Union. Nationality policy in th ...
. From 1989–1996, he continued to run the local weapons depot in his hometown, not unlike a police commander, which he used to keep the peace. In 1996, the Taliban swept through eastern Afghanistan and took over his city at the barrel of a gun. Mr. Gul was given two options: flee with your family to Pakistan or stay home and operate the depot at the command of the Taliban. It must be remembered that the Taliban was initially greeted warmly by many Afghans, and even the American government, as a source of hope. Mr. Gul stayed home. The Taliban soon proved themselves to be as corrupt and abusive as we can imagine. Mr. Gul discovered this change over time and resigned from the Taliban more than one year before September 11, 2001. He was arrested in December 2001 when he voluntarily traveled to meet American military officials.Awal Gul: “You Cannot Wash Blood with Blood”
, '' Firedoglake''
Phillip Smucker, writing in ''
The Asia Times ''Asia Times'' (), formerly known as ''Asia Times Online'', is a Hong Kong-based English language news media publishing group, covering politics, economics, business, and culture from an Asian perspective. ''Asia Times'' publishes in English and ...
'', described being contacted by W. Matthew Dodge, a lawyer defending Gul before a Guantanamo military commission. According to Smucker, the prosecution's charges depended on a new alternate theory as to how
Osama bin Laden Osama bin Mohammed bin Awad bin Laden (10 March 1957 – 2 May 2011) was a Saudi-born extremist militant who founded al-Qaeda and served as its leader from 1988 until Killing of Osama bin Laden, his death in 2011. Ideologically a Pan-Islamism ...
escaped from Tora Bora. The new theory is that bin Laden didn't escape through collusion with corrupt
Eastern Shura Regional and tribal Afghan leaders rose up and formed an alliance known as the Eastern Shura to oust the Taliban in Khowst Province and Nangarhar Province, during the War in Afghanistan. Mary Anne Weaver, writing in ''The New York Times'' on the f ...
officials across the border to Pakistan's Tribal Areas—but rather through Awal Gul's help north to
Konar province Kunar (Pashto: ; Dari: ) is one of the 34 provinces of Afghanistan, located in the northeastern part of the country. Its capital is Asadabad. Its population is estimated to be 508,224. Kunar's major political groups include Wahhabis or Ahl-e- Ha ...
. The Taliban had demanded Gul's release in exchange for Army prisoner of war Bowe Bergdahl, who was captured on June 30, 2009. Bergdahl was released in exchange for five other Taliban members held at Guantanamo on May 31, 2014.


Guantanamo

Gul is one of the Guantanamo detainees whose medical records, and arrival date, were not made public.


Combatant Status Review

Gul was among the 60% of prisoners who chose to participate in tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee. Gul's memo accused him of the following: Summarized transcripts (.pdf) from Awal Gul's'' Combatant Status Review Tribunal'' - pages 13-28


Testimony

Gul told his Tribunal he thought he surrendered on February 10, 2002.Extracts from prisoners' hearings
''
Al Jazeera Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazeera ...
'', March 4, 2006
However press reports his capture on December 25, 2001. U.S. Marines move to state of alert
, December 25, 2001

'' Tribune India'', December 25, 2001


Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention. A Summary of Evidence memo was prepared for Awal Gul's first annual Administrative Review Board in 2005. The two page memo listed nine "primary factors favor ngcontinued detention" and two "primary factors favor ngrelease or transfer". A Summary of Evidence memo was prepared for Awal Gul's second annual Administrative Review Board in 2006. The two page memo listed eleven "primary factors favor ngcontinued detention" and five "primary factors favor ngrelease or transfer". A Summary of Evidence memo was prepared for Awal Gul's third annual Administrative Review Board in 2007. The four page memo listed twenty-four "primary factors favor ngcontinued detention" and thirteen "primary factors favor ngrelease or transfer".


Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.


Boumediene v. Bush

On June 12, 2008, the United States Supreme Court ruled, in '' Boumediene v. Bush'', that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".


Writ of habeas corpus

Gul had a habeas corpus petition filed on his behalf. On December 30, 2008, United States Department of Justice official Daniel M. Barish informed the court that the DoJ had filed "
factual return Factual returns are documents a government has to file in response to habeas corpus petitions. Habeas corpus is a legal tool in the English tradition of justice, dating back to ''Magna Carta'', prohibiting arbitrary arrest and detention. Captiv ...
s" in seven habeas cases, including Gul's. The petition was fully argued before a federal court in March 2010, eleven months before his death. No further action was taken. The action was still pending when he died.


Death

Media reports indicate he died after collapsing in the shower following a workout on an elliptical machine. An autopsy completed February 3, 2011, indicated a heart attack or a pulmonary embolism was the possible cause. His attorneys have maintained that "we have no way of knowing whether the government is telling us the truth" about Gul's death. They further wrote: "It is shame that the government will finally fly him home not in handcuffs and a hood, but in a casket. ... Justice will now come too late for Mr. Gul." 5,000 attended the funeral on February 7, 2011. They ran alongside a vehicle carrying the body. Gul's body was wrapped in white cloth, but his face and beard were visible inside the coffin, which was buried in Jalalabad, east of Kabul.


References


External links


The Guantánamo Files: Website Extras (11) – The Last of the Afghans (Part One) and Six “Ghost Prisoners”
Andy Worthington
Who Are the Remaining Prisoners in Guantánamo? Part Eight: Captured in Afghanistan (2002-07)
Andy Worthington
CCR Responds to Death of Awal Gul at Guantanamo Bay
{{DEFAULTSORT:Gul, Awal Bagram Theater Internment Facility detainees 1962 births Afghan extrajudicial prisoners of the United States Guantanamo Bay detention deaths 2011 deaths