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Hafizullah is a citizen of Afghanistan who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 965. The Department of Defense estimates that Hafizullah was born in 1974.
Combatant Status Review TribunalEdit
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.
The allegations against Hafizullah were:
- a The detainee participated in military operations against the United States of coalition partners.
- The detainee when captured, was wearing an olive drab green jacket. He was stopped at a checkpoint because he was with a group observed caching weapons which had recently been used against U.S. forces.
- The detainee suffered hearing loss when captured, which was caused by firing weapons.
- The detainee was raised and employed by Mohammed Shah Agha.
- Mullah Mohammed Shah is a low-level commander of the Taliban.
- Mullah Mohammed Shah has been reported to be the leader of Taliban troops planning terrorist-style attacks in Afghanistan.
Administrative Review Board hearingEdit
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.
Hafizullah chose to participate in his Administrative Review Board hearing.
The following primary factors favor continued detention
- a. Commitment
- The Bagran valley region has provided a continuous safe-haven to hostile Taliban forces. In time of attack all males pick up arms in defense of the valley against “invaders” (U.S. or coalition forces).
- In the early morning hours of 10 February 2003, a United States Special Forces (USSF) convoy approached the village of Lejay in the Bagran valley. Shortly thereafter, the USSF were ambushed with small arms fire to include AK, PKM, and RPGs.
- At conclusion of the conflict, USSF seized and conducted cordon and search of the area. Eleven personnel were apprehended returning from the ambush sites or in fighting positions in/around Lejay. Those returning from the ambush sites were deaf and had powder burns, with blood on their clothes.
- The detainee was one of the eleven personnel detained after the ambush of Lejay.
- The detainee was arrested at a checkpoint established north of the town. USSF observed several individuals descending the mountain. They cached their weapons and tried to leave by taxi, but were detained at the checkpoint.
- All of the men who were stopped and arrested at the checkpoint were wearing green jackets and suffered from hearing loss. The hearing loss was assess to be the result of their firing activity.
- b. Connections and associations
- Two of the individuals arrested at the checkpoint along with the detainee included Rahmatullah and Bari Dad. Both were wearing green jackets and were suffering from hearing loss.
- Mullah Rahmatullah attended a meeting in May 2002, led by an Iranian and senior Taliban officials in Helmand Province, to discuss military operations against the Afghan Interim Administration and plans to derail the Loya Jirga Process.
- Mullah Baridad was one of the operators of the intelligence colleciton network in Deh Rawud for the former Taliban Chief of Intelligence in Qalat, Afghanistan.
- A meeting of Taliban leaders was held on 18 October 2002 to discuss the upcoming jihad against the Coalition and the Afghan Transitional Authority. A second meeting of the Taliban leaders, to include Bari Dad Khan, was planned for 23 October 2002.
The following primary factors favor release or transfer
- The detainee has continually professed that he is only a farmer and wants only to go home and back to farming and caring for his family.
- The detainee denied any knowledge of using or possessing firearms.
- The detainee has continually denied any involvement in shooting at Americans.
- The detainee has continually denied any Taliban associations.
Guantanamo Medical recordsEdit
On 16 March 2007 the Department of Defense published medical records for the captives. According to his records Hafizullah was 66 inches tall. He was only weighed three times, when he arrived at Guantanamo, in May 2003, and in June and July 2003. He weighed 140 pound, 140 pounds, and 140 pounds.
On November 25, 2009, the Department of Defense published a list of the dates captives were transferred from Guantanamo. According to that list Hafizullah was transferred on December 15, 2006.
- ↑ "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2006-05-15.
- ↑ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
- ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
- ↑ "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". United States Department of Defense. March 6, 2007. http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902. Retrieved 2007-09-22.
- ↑ Q&A: What next for Guantanamo prisoners?  2002-01-21 mirror
- ↑ 6.0 6.1 Summarized transcripts (.pdf) from Hafizullah's Combatant Status Review Tribunal pages 1-9
- ↑ Summarized transcript (.pdf), from Hafizullah's Administrative Review Board hearing - pages 58-66, August 10, 2005
- ↑ JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/. Retrieved 2008-12-22. mirror
- ↑ Consolidated chronological listing of GTMO detainees released, transferred or deceased  OARDEC 2008-10-09