Sahib Rohullah Wakil
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Hajji Hajji ( ar, الحجّي; sometimes spelled Hadji, Haji, Alhaji, Al-Hadj, Al-Haj or El-Hajj) is an honorific title which is given to a Muslim who has successfully completed the Hajj to Mecca. It is also often used to refer to an elder, since it ...
Sahib Rohullah Wakil is a citizen of
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
who was held in
extrajudicial detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
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 Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
. His Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts. History On March 3, 2006, in compliance with a court order from D ...
was 798. American
intelligence analysts Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
estimate he was born in 1962, in
Jalalabad Jalalabad (; Dari/ ps, جلال‌آباد, ) is the fifth-largest city of Afghanistan. It has a population of about 356,274, and serves as the capital of Nangarhar Province in the eastern part of the country, about from the capital Kabul. Jala ...
, Afghanistan. He has since been transferred from Guantanamo Bay to the American wing of the Pol-e-Charkhi prison in
Kabul Kabul (; ps, , ; , ) is the capital and largest city of Afghanistan. Located in the eastern half of the country, it is also a municipality, forming part of the Kabul Province; it is administratively divided into 22 municipal districts. Acco ...
, Afghanistan. On November 18, 2019, the
U.S. Department of the Treasury The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and t ...
designated him for supporting activities of the
ISIS Isis (; ''Ēse''; ; Meroitic: ''Wos'' 'a''or ''Wusa''; Phoenician: 𐤀𐤎, romanized: ʾs) was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingd ...
branch in Afghanistan.


Background

Sahib Rohullah Wakil, a leader of the Wakil tribe, and a member of Afghanistan's legislature, the
Loya Jirga A jirga ( ps, جرګه, ''jərga'') is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic ...
, who was captured on Thursday August 22, 2002. According to the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' the night before his capture Rohullah had attended a dinner to honor the newly appointed Governor, and had spoken about
al Qaeda Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
. 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

Initially the Bush administration asserted that they could withhold all the protections of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
to captives from
the war on terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant I ...
. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct
competent tribunal Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states: ICRC commentary on competent tribunals The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Geneva Con ...
s to determine whether captives are, or are not, entitled to the protections of
prisoner of war A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of wa ...
status. Subsequently, the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
instituted the
Combatant Status Review Tribunal 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 esta ...
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 is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
.


Summary of Evidence memo

A Summary of Evidence memo 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 A court order is an official proclamation by a judge (or panel of judges) 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 o ...
from
Jed Rakoff Jed Saul Rakoff (born August 1, 1943) is a Senior United States district judge of the United States District Court for the Southern District of New York. Education Rakoff was born in Philadelphia, Pennsylvania on August 1, 1943. He grew up in ...
the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
published a summarized transcript from his Combatant Status Review Tribunal.


Administrative Review Board

Detainees whose
Combatant Status Review Tribunal 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 esta ...
labeled them "enemy combatants" were scheduled for annual
Administrative Review Board The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to revi ...
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. Wakil chose to participate in his Administrative Review Board hearing. Summarized transcript (.pdf) from Sahib Rohullah Wakil's ''
Administrative Review Board The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to revi ...
hearing'' - page 231
''The following primary factors favor continued detention'' ''The following primary factors favor release or transfer''


Testimony


Repatriation

On April 30, 2008, nine Guantanamo captives were repatriated.
mirror


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 The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a Pul-e-Charkhi prison Pul-e-Charkhi Prison (Pashto/Dari: زندان پل چرخی), also known as the Afghan National Detention Facility, is the largest prison in Afghanistan, located in the outskirts east of Kabul. As of 2018, it holds up to 5,000 inmates. The prison ...
near
Kabul Kabul (; ps, , ; , ) is the capital and largest city of Afghanistan. Located in the eastern half of the country, it is also a municipality, forming part of the Kabul Province; it is administratively divided into 22 municipal districts. Acco ...
.


Pentagon suspect that he had "returned to the fight"

On May 20, 2009, the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'', citing an unreleased
Pentagon In geometry, a pentagon (from the Greek πέντε ''pente'' meaning ''five'' and γωνία ''gonia'' meaning ''angle'') is any five-sided polygon or 5-gon. The sum of the internal angles in a simple pentagon is 540°. A pentagon may be simpl ...
document, reported that
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
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 The McClatchy Company, commonly referred to as simply McClatchy, is an American publishing company incorporated under Delaware's General Corporation Law and based in Sacramento, California. It operates 29 daily newspapers in fourteen states and ...
'' 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 (; Pashto/ fa, حامد کرزی, , ; born 24 December 1957) is an Afghan statesman who served as the fourth president of Afghanistan from July 2002 to September 2014, including as the first elected president of the Islamic Repub ...
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.


References


External links


Who are the Afghans just released from Guantánamo?
Andy Worthington {{DEFAULTSORT:Wakil, Sahib Rohullah 1962 births Living people Bagram Theater Internment Facility detainees Guantanamo detainees known to have been released People from Nangarhar Province Afghan extrajudicial prisoners of the United States