| Aminullah Baryalai Tukhi | |
|---|---|
| Born | Heart [sic] Afghanistan |
| Citizenship | Afghanistan |
| Detained at | Guantanamo |
| ISN | 1012 |
| Charge(s) | No charge (held in extrajudicial detention) |
| Status | Repatriated |
Aminullah Baryalai Tukhi is a citizen of Afghanistan, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Tukhi's Guantanamo Internment Serial Number was 1012. American intelligence analysts estimate that Tukhi was born in 1972, in Heart [sic], Afghanistan.
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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.
Tukhi chose to participate in his Combatant Status Review Tribunal.[5]
- Detainee facilitated the travel of individuals from Meshad, Iran to the border town of Tayyebat, Iran, which is near the Afghan border in 2001.
- Detainee associated with the leader of al Wafa, Abdulla Aziz, and received payments for arranging the travel of individuals to and from Afghanistan.
- Al Wafa is a known Terrorist organization as directed in Presidential Executive Order 13224.
- Detainee forged documents to facilitate the escape of al Qaida members.
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.
The factors for and against continuing to detain Aminullah Baryalai Tukhi were among the 121 that the Department of Defense released on March 3, 2006. [6]
The following primary factors favor continued detention:
- a. Commitment
- The detainee forged documents to facilitate the escape of al Qaida members.
- b. Connections/Associations
- The detainee facilitated the travel of individuals from Meshad, Iran to the border town of Tayyebat, Iran, which is near the Afghan border, in 2001,
- The detainee associated with the leader of al Wafa, Abdul Aziz, and received payments for arranging the travel of individuals to and from Afghanistan.
- Al Wafa is a known terrorist organization as directed in Presidential Executive Order 13224.
- c. Intent
- The detainee smuggled Al Wafa members into Afghanistan.
The following primary factors favor release or transfer:
- a. The detainee was in a student political organization called "Basij", which was not popular in Afghanistan and it was against the Taliban.
- b. The detainee stated he is not al Qaida or Taliban.
Tukhi chose to participate in his Administrative Review Board hearing.[7]
On 16 March 2007 the Department of Defense published medical records for the captives.[8]
On November 25, 2008 the Department of Defense published a list of when Guantanamo captives were repatriated.[9] According to that list he was repatriated on December 12, 2007.
The Center for Constitutional Rights reports that all of the Afghans repatriated to Afghanistan from April 2007 were sent to Afghan custody in the American built and supervised wing of the Pul-e-Charkhi prison near Kabul.[10]
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