Rohullah (Bagram detainee)
Haji Rohullah | |
|---|---|
| Born | circa 1967 Afghanistan |
| Occupation | Driver (prior to capture) |
| Known for | Detained at Bagram Theater detention center; involved in habeas corpus petition Ruzatullah v. Gates |
Haji Rohullah (born circa 1967) is an Afghan national detained at the United States' Bagram Theater detention center located in Afghanistan.<ref name=LegalTimes20071029> Prior to his capture, Rohullah was employed as a driver and was apprehended at his farm near Jalalabad in August 2006.[1]
Identity
An individual named Sahib Rohullah Wakil, also referred to as "Haji Rohullah," was held at the United States' Guantanamo Bay detention camp in Cuba.[2][3] On January 16, 2010, the Department of Defense published a roster of 645 detainees held at Bagram.[4] Among them were three persons named Rohullah, differentiated solely by their sequence numbers: 003417, 003830, and 003841.
Capture and detention
According to a habeas corpus petition filed in 2006, Rohullah was taken into custody at his residence approximately one year prior.[5] Eleven others detained alongside him were subsequently released.
Ruzatullah v. Gates
Rohullah was among the initial detainees at Bagram to formally contest U.S. detention through legal channels.[5] In November 2006, habeas corpus petitions were submitted on behalf of Rohullah and another Afghan detainee, Ruzatullah.[6][7][8][9] On August 10, 2007, Rohullah’s legal representatives petitioned the Department of Defense to provide a thirty-day prior notification before transferring him from U.S. custody to Afghan authorities. This request followed the unannounced transfer of Ruzatullah in June 2007.
The motion contended that:
- Without advance notice or a hearing, Rohullah would endure irreparable injury
- Ruzatullah’s habeas rights were compromised
- Rohullah faced potential risk of torture
- The petition had a strong chance of success on its merits
- Granting relief would not adversely affect the respondents
- Public policy considerations favored the motion
Legal counsel included A. Katherine Toomey, Eric L. Lewis, Dwight P. Bostwick from Baach, Robinson & Lewis, along with Tina Foster representing the International Justice Network.[8]
Jean Lin, attorney for the Justice Department, characterized the motion as an "extraordinary and drastic remedy," asserting it would impede executive authority concerning wartime decisions and foreign relations.[1] On October 4, 2007, U.S. District Judge Gladys Kessler ruled favorably for Rohullah, mandating that the Department of Defense must provide thirty days’ advance warning before any transfer.[1]
On December 2, 2008, then-Deputy Assistant Secretary of Defense for Detainee Affairs Sandra Hodgkinson issued a public response addressing media reports regarding detainees held at Bagram.[10]
External links
- Text of court ruling supporting Rohullah
- RUZATULLAH v. RUMSFELD et al. – Justia, October 2, 2006
- Human Rights First; Undue Process: Review of Detention and Trials of Bagram Detainees in Afghanistan, April 2009
- ↑ 1.0 1.1 1.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedLatimesRohullah20071004 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedBbc20020824 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedNewYorkTimes20020828 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedBagramDetainees2010-01-16 - ↑ 5.0 5.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedLegalTimes20071029 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedRuzatullahVRumsfeld20070110 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedJustiaRuzatullahVRumsfeld - ↑ 8.0 8.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedRuztallahVGates20070810 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedTheJurist20071004 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedAmericanLaw2008-12-02