Hammdidullah
Hammdidullah | |
|---|---|
| Born | 1973 Sarpolad, Afghanistan |
| Other names | Janat Gul |
| Occupation(s) | Former airline executive, detainee |
| Known for | Detention at Guantanamo Bay, alleged Taliban membership, release after Combatant Status Review Tribunal |
Hammdidullah, also referred to as Janat Gul, is an Afghan national who was detained without formal charges at the United States' Guantanamo Bay facility in Cuba. U.S. counterterrorism officials estimate his birth year as 1973 in Sarpolad, Afghanistan.
In December 2014, the U.S. Senate Intelligence Committee published a comprehensive 600-page summary detailing its investigation into the CIA's use of enhanced interrogation techniques. This document identified Janat Gul as one of the detainees subjected to torture at CIA secret detention centers. According to PBS Frontline, the severity of his treatment was such that CIA documentation recorded his pleas for death during interrogations.
His custody was transferred from the CIA to military authorities on March 23, 2003. A Joint Task Force Guantanamo detainee evaluation dated August 20, 2004, spanning five pages, recommended that he remain in detention. Nevertheless, the Office for the Administrative Review of the Detention of Enemy Combatants (OARDEC) conducted a Combatant Status Review Tribunal which concluded that his designation as an "enemy combatant" was unwarranted, resulting in his release on April 18, 2005.
Discrepancies in Identification
While official records list him as Hammdidullah, his Tribunal proceedings identified him by the name Janat Gul. According to a CNN report, he surrendered on November 24, 2001; however, tribunal documents state his capture occurred in January 2003.
Media Reports on His Role at Ariana Airlines
During his employment at Ariana Airlines, Hammdidullah was cited by international media outlets. CNN referred to him under the name Hamidullah.
Combatant Status Review Tribunal
The Bush administration initially claimed that detainees captured in the war on terror were not entitled to protections under the Geneva Conventions. This position faced legal challenges demanding that the U.S. conduct proper tribunals to establish detainees' status.
Consequently, the United States Department of Defense instituted Combatant Status Review Tribunals. These tribunals did not assess lawful combatant status but rather determined if detainees fit the Bush administration’s criteria for an enemy combatant.
Hammdidullah opted to participate in his Tribunal.[1]
Charges
The accusations presented against Hammdidullah included:[1]
- a. -- Notably, there was no general summary connecting him explicitly to terrorism within the transcript.--
- He acknowledged being a member of the Taliban.
- He formerly held the position of president at Ariana Airlines.
- The Taliban exercised control over Ariana Airlines and utilized it for transporting personnel.
- Ariana Airlines provided complimentary flights to Konduz, Afghanistan for individuals joining combat against the Northern Alliance.
- Taliban forces operated routes from Kandahar to Kabul through Ariana Airlines.
- An active al Qaida operative and certified pilot facilitated employment of other al Qaida members at Ariana Airlines.
- A person planning hostile acts against the United States maintained strong connections with Ariana Airlines.
- He was apprehended in January 2003 in Lashkargar, Afghanistan.
Testimonies
Hammdidullah requested testimony from two witnesses: his father Haji Sher Mohammed and his brother Haji Agha Gul. The Tribunal's presiding officer considered these witnesses pertinent and requested that the State Department liaise with Afghan authorities to obtain their statements. After one month without any response, the witnesses were deemed "not reasonably available."
Testimony
Gul stated under oath that:
- He never held membership in the Taliban.
- His capture occurred at his residence in January 2003, and he expressed support for the American efforts backing Hamid Karzai's administration.
- He had been detained on two separate occasions by the Taliban.
- His employment was with Ariana Airlines.
- The Taliban attempted to conscript him forcibly; however, his position at Ariana Airlines—a commercial enterprise independent of Taliban control—allowed him to avoid conscription into combat roles.
- Taliban operatives did not utilize Ariana Airlines aircraft for transportation, as they operated their own fleet.
- Ariana Airlines did not offer complimentary flights to individuals recruited by the Taliban.
- He denied any acquaintance with al-Qaeda members among Ariana staff and refuted claims that an Ariana pilot had connections to al-Qaeda.
Determined not to have been an enemy combatant
According to The Washington Post, detainee number 953 (identified as Janat Gul) was one of 38 individuals classified as not being enemy combatants during their Combatant Status Review Tribunals and was subsequently released.
Guantanamo medical records
The Department of Defense released detainee medical records on March 16, 2007. On March 23, 2003, Hammdidullah measured 67.5 inches in height and weighed 126 pounds, though records from January and March 2003 show a weight of 113 pounds. Documentation also notes that he refused to be weighed in February 2003.
CIA detention
Investigative journalists examining the United States Senate Intelligence Committee's report on CIA interrogation practices discovered that Hammdidullah remained in CIA custody as late as 2006.