Hammdidullah

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Hammdidullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ISN is 953. The Department of Defense estimated that he was born in 1973. While the two official lists name him as Hammdidullah, his Tribunal addressed him as Janat Gul.

Contents 1 Press accounts of his term at Ariana Airlines 2 Surrender 3 Combatant Status Review Tribunal 3.1 allegations 3.2 witnesses 3.3 testimony 4 Determined not to have been an Enemy Combatant 5 References

[edit] Press accounts of his term at Ariana Airlines

Hammdidullah was quoted by the International press during his term at Ariana Airlines.^[2] CNN referred to him as Hamidullah.

[edit] Surrender

Hamidullah surrendered on November 24, 2001.^[3]

[edit] Combatant Status Review Tribunal

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 a competent tribunals 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 Tribunals. 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.

Hammdidullah chose to participate in his Combatant Status Review Tribunal.^[4]

[edit] allegations

The allegations that Hammdidullah faced during his Tribunal were:^[4]

1. The detainee admitted he is a member of the Taliban.
2. The detainee is a former president of Ariana Airline.
3. The Taliban controlled Ariana Airline.
4. The Taliban used Ariana Airline to transport their members.
5. Ariana Airlines provided free flights to Konduz, Afghanistan for individuals joining the fight against the Northern Alliance.
6. Taliban forces utilized Ariana Airline form Kandahar to Kabul.
7. An active al Qaida member and licensed pilot brought in other al Qaida members to work for Ariana Airline.
8. An individual with plans to engage in hostilities against the United States had strong ties to Ariana Airlines.
9. The detainee was arrested in January 2003 in Lashkargar, Afghanistan.

[edit] witnesses

Hammdidullah requested statements from two witnesses, his father Haji Sher Mohammed, and his brother, Haji Agha Gul The Tribunal's President ruled that his witnesses were relevant, and the State Department was requested to contact the Afghan government to contact Hammdidullah's witnesses. After a month the Tribunal hadn't heard back, so Hammdidullah's witnesses were ruled "not reasonably available".

[edit] testimony

Gul denied that he had ever been or admitted to being a member of the Taliban. Gul said he had been twice imprisoned by the Taliban.

Gul acknowledged working for Ariana Airlines.

• He said that Ariana Airlines did not have any direct ties to the government.
• He said that when the Taliban seized him it was in order to forcibly conscript him and send him to the front lines. By accepting the position at Ariana he was able to avoid being press-ganged to the front lines.

Gul denied that the Taliban controlled Ariana Airlines. He said it was a for profit business.

Gul denied that the Taliban used Ariana to transport their members. He acknowledged that Taliban members could have bought tickets, like anyone else, but they never chartered any of the planes for their purposes.

Gul denied that Ariana Airlines provided free flights for Taliban recruits. The Taliban had its own fleet of planes for transporting troops.

Gul said that he had never heard the allegation that an Ariana airlines pilot was an al Qaeda member. Gul said he didn't know any al Qaeda members, and that all the Ariana employees were civilians.

Gul acknowledged that he was captured in January 2003, in his home. He said he had welcomed the arrival of the Americans, and their help in unseating the Taliban and helping Hamid Karzai's government.

[edit] Determined not to have been an Enemy Combatant

The Washington Post reports that detainee 953, who they call Janat Gul was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.^[5] They report that detainee 953 remains in detention.

[edit] References

1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
2. ^ Airline head says hijacking may be mass asylum bid: Negotiations resume after escape of flight crew, CNN, February 9, 2000
3. ^ Taliban in north surrender in droves, CNN, November 24, 2001
4. ^ ^{a b} Summarized transcripts (.pdf), from Hammdidullah's Combatant Status Review Tribunal - pages 31-48
5. ^ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post