Sahib Rohullah Wakil
Sahib Rohullah Wakil | |
|---|---|
| Born | 1962 Jalalabad, Afghanistan |
| Occupation(s) | Tribal leader, legislator |
| Known for | Former detainee at Guantanamo Bay detention camps |
Sahib Rohullah Wakil is an Afghan national who experienced extrajudicial detention at the United States Guantanamo Bay detention camps located in Cuba. His assigned Guantanamo Internment Serial Number was 798. Born in 1962 in Jalalabad, Afghanistan, he was subsequently moved to the American-controlled section of the Pol-e-Charkhi prison in Kabul. On November 18, 2019, the U.S. Department of the Treasury officially designated him for involvement in supporting the activities of the ISIS faction operating within Afghanistan.
Background
Sahib Rohullah Wakil, recognized as a leader within the Wakil tribe and a participant in Afghanistan’s legislative assembly known as the Loya Jirga, was detained on August 22, 2002. The evening prior to his capture, he attended a dinner event honoring the newly instated Governor, where discussions included topics about al Qaeda. According to reporting by the New York Times, Rohullah admitted it was "possible" that al Qaeda was reorganizing but remained skeptical: "If there are Al Qaeda, tell us and we'll take care of them. It has been three months, and they haven't caught any Al Qaeda."
Combatant Status Review Tribunal
The Bush administration initially asserted that detainees captured during the war on terror were not entitled to protections under the Geneva Conventions—a claim contested through legal challenges. Opponents argued that the United States was required to conduct competent tribunals to determine prisoner of war status.
In response to these challenges, the United States Department of Defense established Combatant Status Review Tribunals. These tribunals did not decide lawful combatant status but instead assessed whether detainees met the administration’s criteria for being classified as an enemy combatant.
Summary of Evidence memo
A Summary of Evidence memorandum dated October 25, 2004, prepared for Sahib Rohullah Wakil’s Combatant Status Review Tribunal, detailed several allegations against him:
Transcript
Wakil elected to take part in his Combatant Status Review Tribunal. On March 3, 2006, pursuant to a court order issued by Jed Rakoff, the Department of Defense released a summarized transcript from his tribunal.
Administrative Review Board
Detainees identified as "enemy combatants" by their Combatant Status Review Tribunal were subject to yearly Administrative Review Board hearings. These sessions evaluated both the potential threat detainees might pose if released or transferred and factors relevant to decisions on their continued detention.
Wakil took part in his Administrative Review Board hearing.
Key factors supporting continued detention:
Key factors supporting release or transfer:
Repatriation
On April 30, 2008, nine detainees from Guantanamo were returned to their home countries. While the names of three Sudanese detainees and one Moroccan were disclosed at that time, the identities of five Afghan individuals were initially kept confidential.
By May 5, 2008, it became known that an individual named "Haji Rohullah" had been among those repatriated. Peter M. Ryan, an attorney representing numerous Guantanamo detainees, confirmed that Rohullah had been transferred from U.S. custody to Afghan authorities. On July 14, 2008, Ryan filed a "Motion to sever petition of Haji Rohullah Wakil" from Civil Action No. 05-cv-1124.
The Center for Constitutional Rights reported that since April 2007, all Afghan detainees repatriated from Guantanamo have been held in Afghan custody within the American-constructed and supervised section of Pul-e-Charkhi prison near Kabul.
Pentagon suspects "return to combat"
On May 20, 2009, the New York Times reported—referencing a classified Pentagon document—that officials within the Department of Defense had identified Haji Sahib Rohullah Wakil as one of 74 former Guantanamo detainees believed to have "re-engaged in terrorist activities." Wakil's inclusion was attributed to an alleged "connection with terrorist organizations."
July 2009 McClatchy investigation
In response to these assertions, Nancy A. Youssef from the McClatchy News Service conducted an inquiry into their validity. On July 8, 2009, she revealed that Wakil served as a trusted counselor within the Hamid Karzai government. She referenced Mirwise Yaseeni, an Afghan presidential hopeful, who commented:
Wakil voiced apprehension that following the leaked accusations, he might face re-detention without formal charges and stated he possesses documentation affirming his innocence. Youssef argued that Wakil’s situation calls into question the reliability of the DoD’s allegations against other former detainees.
External links
- Who are the Afghans just released from Guantánamo? Andy Worthington