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Khi Ali Gul is a citizen of Afghanistan currently held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo Internment Serial Number is 928. Guantanamo counter-terrorism analysts estimate that he was born in 1963, in Khowst, Afghanistan.

As of October 13, 2010, Khi Ali Gul has been held at Guantanamo for seven years seven months.[2]

Combatant Status Review Edit

Main article: Combatant Status Review Tribunal

Gul was among the 60% of prisoners who chose to participate in tribunal hearings.[3] A Summary of Evidence memo was prepared for the tribunal of each detainee.

Gul's memo accused him of the following:[4][5]

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 mortarts, artillery pieces and rounds, a BM 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.


Witness requestsEdit

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

The study entitled, No-hearing hearings, cited Khi Ali Gul as an example of a captive who was unreasonably denied the testimony of exculpatory witnesses.[6] The study quoted his Tribunal's President:

"[W]e will keep this matter open for a reasonable period of time; that is, if we receive back from Afghanistan this witness request, even if we close the proceedings today, with new evidence, we would be open to introducing or re-introducing any witness statements we might receive."

The study reported that Khi Ali Gul's Tribunal was never reconvened.[6] The study commented:

"Khi Ali Gul's requested that his brother be produced as a witness and provided the Tribunal with his brother’s telephone number and address. Instead of calling the phone number provided, which might have produced an immediate result, the Government instead sent a request to the Afghan embassy."

Exculpatory evidence dismissedEdit

Khi Ali Gul was told he could not call for the testimony of any witnesses. He was told he could present letters.Khi Ali Gul then told his Board:

"I have a letter from my family saying that I am not a mullah, a Talib, or anything and it [ask] what is my crime."

Khi Ali Gul's Presiding Officer then asked his Assisting Military Officer whether he had explained what kinds of documents Khi Ali Gul could bring in his defense. The Assisting Military Officer claimed he had explained the rules, so the Presiding Officer informed him that his letter would not be considered at that day's session. He was told that it would be considered if he was able to get a copy to the Board in the next day or so.

Orange uniformEdit

Khi Ali Gul's Tribunal officers asked him to explain why he was wearing an orange uniform—the uniform issued to Guantanamo captives regarded as "non-compliant".

Q: Thank you for all the information; you seen very cooperative and willing to help. I noticed in the camp, that there are three colors to the uniforms (orange, tan and white). What do you do to still be in an orange uniform as opposed to tan or white?
A: I don't know. I heard only people having problems with MP's wear these colors, or go to a different camp. I don't know why they keep me there.
Main article: Guantanamo captive's uniforms

Administrative Review BoardEdit

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee may pose if released or transferred, and whether there are other factors that warrant his continued detention.[7]

Gul chose to participate in his Administrative Review Board hearing.[8]

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 Jalaluddin 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.


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.


Medical recordsEdit

On March 16, 2007 the Department of Defense published records of the captives' height and weights.[9][10]

ReferencesEdit

  1. OARDEC (May 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 2007-09-29. 
  2. ' [1] The New York Times
  3. OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
  4. OARDEC (2004-10-01). "Summary of Evidence for Combatant Status Review Tribunal -- Gul, Khi Ali". United States Department of Defense. p. page 64. http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#64. Retrieved 2008-09-28. 
  5. Summarized transcripts (.pdf), from Khi Ali Gul's Combatant Status Review Tribunal - pages 47-58
  6. 6.0 6.1 Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. "No-hearing hearings". Seton Hall University School of Law. p. 17. http://law.shu.edu/news/final_no_hearing_hearings_report.pdf. Retrieved April 2, 2007. 
  7. "Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials". March 6, 2007. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3902. Retrieved November 12, 2010. 
  8. Summarized transcript (.pdf), from Khi Ali Gul's Administrative Review Board hearing - pages 196-205 — September 2005
  9. 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
  10. JTF-GTMO (2007-03-16). "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba: ISNs 839-1011". Department of Defense. http://www.dod.mil/pubs/foi/detainees/measurements/ISN_839-ISN_1011.pdf. Retrieved 2008-12-22.  mirror

External linksEdit


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