Sahib Rohullah Wakil

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Haji Sahib Rohullah Wakil is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.[1] His Guantanamo detainee ID number is 798. American intelligence analysts estimate he was born in 1962, in Jalalabad, Afghanistan.

Contents

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with his hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.
Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with his hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.

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 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.

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

[edit] Allegations

The allegations Wakil faced during his Tribunal were:

a. -- The general summary of the allegations that establish an association with terrorism were missing from the transcript. --
  1. The detainee is an Afghanistan citizen who is a high-ranking member of Jama' AT UL Dawa AL Qurani [sic] (JDQ).
  2. Jama' AT UL Dawa AL Qurani [sic] (JDQ) is an Islamic extremist group operating in Pakistan, which received funds from non-governmental organizations located throughout the Middle East.
  3. The detainee received a permit from a Pakistani government official that allowed vehicle convoys to transport food and blankets between Pakistan and Afghanistan borders in 2001.
  4. The detainee helped al Qaida members escape into Pakistan.

[edit] Testimony

[edit] Witness for Sabar Lal Melma

Another Guantanamo captive, Sabar Lal Melma, requested the testimony of three witnesses, including a Rohullah Wakil.[3] He was told that new rules prohibited Rohullah Wakil testifying in person.

[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.

Wakil chose to participate in his Administrative Review Board hearing.[4]

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee is a member of the Jamaat al Dawa al Quran [sic].
  2. The detainee was actively involved in two Jamaat al Dawa al Quran training camps.
  3. The detainee attended a meeting with a Foreign Government Agency to develop a plan to conduct double agent operations against the United States.
  4. A Foreign Government Agency provided the detainee money to hire a group of men to fire a rocket from the Marawara [sic] region of Konar in a U.S. compound near Asadabad.
  5. In December 2001, small groups of Arabs escaped from the Tora Bora and were initially resettled to the Konar Province village of Marah Warah [sic]. The detainee moved the Arabs for their safety.
  6. The detainee paid to have a radio antenna installed to facilitate the Arab’s communication.
  7. The detainee was responsible for members of the Hezb-e-Islami Gulbuddin having access to a cache of light and heavy weapons in the Kamdesh district area.
b. Training
  1. The detainee knows how to use an AK-47, pistols and grenades.
c. Connections/Associations
  1. The detainee provided another man with money and instructions to smuggle the Arabs into Pakistan.
  2. The detainee is a member of an alliance between the Taliban, Hezb-e-Islami Gulbuddin, and Wahhabi to coordinate efforts to drive U.S. Forces from Afghanistan.
  3. The detainee received weapons and supplies from al Qaida through the Nawa Pass.
d. Other Relevant Data
  1. The detainee stated that the Jamaat al Dawa al Quran is a small organization interested in helping the Afghani people rebuild their lives. The original purpose of the Jamaat al Dawa al Quran was to repel the Russians from Afghanistan.
  2. The detainee stated that he no longer fights and the Jamaat al Dawa al Quran does not represent his beliefs in any manner.
  3. The detainee traveled to the United Arab Emirates ten times from 1996 to 2002.

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

a. The detainee fought jihad against the Russians and fought against the Taliban and al Qaida at Tora Bora.
b. The detainee supported the Northern Alliance in their efforts to defeat the Taliban, al Qaida, and Usama Bin Laden.
c. In 1997 or 1998, the detainee traveled to Mazar–e-Sharif [sic] to visit with Massoud.
d. The detainee traveled twice to Tajikistan in 1998 in connection with Masood and the Northern Alliance.
e. The detainee traveled to Cyprus three times in 1999 to attend international conferences organized by influential expatriate Afghans to increase resistance to the Taliban.
f. The detainee states that he never worked with the Arabs or against the Americans.

[edit] Testimony

[edit] References

  1. ^ list of prisoners (.pdf), US Department of Defense, May 15, 2006
  2. ^ Summarized transcripts (.pdf), from Sahib Rohullah Wakil's Combatant Status Review Tribunal - pages 16-25
  3. ^ Summarized transcripts (.pdf), from Sabar Lal Melma's Combatant Status Review Tribunal - pages 49-62
  4. ^ Summarized transcript (.pdf), from Sahib Rohullah Wakil's Administrative Review Board hearing - page 231
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