Khi Ali Gul

From Wikipedia, the free encyclopedia

You have new messages (last change).

Khi Ali Gul is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His detainee ID number is 928.

Contents

[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.

Gul chose to participate in his Combatant Status Review Tribunal.[2]

[edit] Witness requests

Gul requested the testimony of his father and brother. His Tribunal’s President ruled that their testimony was relevant. On October 27, 2004 the US State Department was requested to ask the Afghanistan embassy in Washington to ask the Afghan civil service to locate Gul’s witnesses - - by November 17, 2004. When no response had been received by November 9, 2004 a second request was sent through the State Department. No response was received by November 27, 2004, the date of the Tribunal. So the Tribunal’s President ruled Gul’s witnesses “not reasonably available”.

Main article: Witnesses requested by Guantanamo detainees

[edit] Allegations

The allegations Gul faced during his Tribunal were:

a. The detainee is associated with forces engaged in hostilities against the United States and its coalition partners.
  1. The detainee is associated with an individual known to have illegally procured and stockpiled several mortars, artillery pieces and rounds, aBM 12, rockets, DSHKs, and various small arms.
  2. The detainee is a commander in a Jihadi Battalion.
  3. The detainee was a member of an organization known to have committed a terrorist act.
b. The detainee participated in military operations against the United States and its Coalition Partners.
  1. The detainee participated in planning the attack on U.S. Forces located at Forward Operating Base Salerno, 01 December 2002.

[edit] Response to the allegations

[edit] Response to the Tribunal officer's questions

[edit] Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

Gul chose to participate in his Administrative Review Board hearing.[3]

[edit] The following primary factors favor continued detention:

a. Training
  1. The detainee is a former mujahedin soldier and fought in the jihad against the Russians from 1984-1989.
b. Connections/Associations
  1. The detainee was an intelligence chief during the Taliban regime.
  2. The detainee was a member of the Union of Mujahedin. The group detonated an explosive device in a Khowst bazaar.
  3. The detainee was imprisoned for his affiliation with Jalaludin Haqqani.
  4. Jalaludin Haqqani is the former Taliban Minister of the Frontiers and Tribal Affairs and conducted Anti-Coalition Militia (ACM) activities in the Khowst Province.
  5. The detainee worked with Abbas Khan.
  6. Abbas Khan collaborated with Jalaludin Haqqani to conduct Anti-Coalition Militia activities.
  7. The detainee reportedly met with Usama bin Laden in Khowst during the Mazar-I-Sharif bombing campaign.
c. Detainee Actions and Statements:
  1. The detainee was one of the commanders of the Gorbaz Medani Regiment.
  2. The detainee was involved in the planning of a rocket attack on a U.S. base. The planning meeting was held at his house.
d. Other Relevant Data:
  1. The detainee was part of a Taliban assassination team.
  2. The detainee was captured on 23 December 2002 while riding in a minibus to the Khowst bazaar at an Afghan Military Forces checkpoint.

[edit] The following primary factors favor release or transfer:

a. The detainee stated he had no animosity towards U.S. Forces and had no desire for jihad or revenge.
b. The detainee plans to return to Afghanistan, re-unite with his family, and work on a farm.

[edit] Response to the factors

[edit] Response to Board officer's questions

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
  2. ^ Summarized transcripts (.pdf), from Khi Ali Gul's Combatant Status Review Tribunal - pages 47-58
  3. ^ Summarized transcript (.pdf), from Khi Ali Gul's Administrative Review Board hearing - page 196
Retrieved from "http://en.wikipedia.org../../../k/h/i/Khi_Ali_Gul_121f.html"