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词条 Rohullah (Bagram detainee)
释义

  1. Identity

  2. Capture and detention

  3. Ruzatullah v. Gates

  4. References

  5. External links

{{hatnote|There are multiple individuals named Haji Rohullah.}}Haji Rohullah (born c. 1967) is a citizen of Afghanistan held in the United States' Bagram Theater detention facility, in Afghanistan.[1] Rohullah worked as a driver before being seized at his farm in Jalalabad in August 2006.[2]

Identity

A captive was held in the United States's Guantanamo Bay detention camp in Cuba, named Sahib Rohullah Wakil, a member of Afghanistan's legislature, who is also known as "Haji Rohullah".[2][3]

On January 16, 2010, the Department of Defense was forced to publish the names of the 645 captives held in the Bagram Theater Internment Facility.[4]

Three of the individuals on the list were named Rohullah. The list distinguished between them solely by a sequence number:

003417,

003830, and

003841.

Capture and detention

When Rohullah's writ of habeas corpus was first filed, in 2006, it stated he had been captured in his home a year earlier.[1]

Eleven other men were captured at the same time, but they were all released.

Ruzatullah v. Gates

Rohullah is one of the first enemy combatants held by the USA in a detention facility in Afghanistan who has been held able to mount a challenge to his detention through the US court system.[1]

Rohullah, and another Afghan, Ruzatullah, had a writ of habeas corpus submitted on their behalf in November 2006.[5][6][7][8]

On August 10, 2007 Rohullah's lawyers submitted a motion requiring the United States Department of Defense give thirty days advance notice if they planned to transfer him from US custody to Afghan custody. They informed the court that Ruzatullah was quietly transferred out of US jurisdiction, without any notice, in June 2007.

The arguments in the motion were:

  1. Petitioner Rohullah Will Suffer Irreparable Harm if He is Transferred Without Notice or an Opportunity to be Heard.
    1. Petitioner Ruzatullah Faces the Threat of Irreparable Harm Based on the Potential Loss of his Habeas Claims.
    2. Petitioner Rohoullah Faces the Substantial Threat of Torture.
  2. Petitioner Rohullah Has a Substantial Likelihood of Success on the Merits.
  3. The Requested Relief Will Not Harm Respondents.
  4. Public Policy Unequivocally Favors the Granting of Petitioner's Request.

Rohullah and Ruzatullah are represented by

A. Katherine Toomey,

Eric L. Lewis and

Dwight P. Bostwick of Baach, Robinson & Lewis

and Tina Foster of the International Justice Network.[7]

Jean Lin a Justice Department attorney had characterized the motion as ab "extraordinary and drastic remedy."[9]

Lin had argued the motion would: "... interfere directly with the executive's conduct of war-making and foreign policy."

On October 4, 2007 U.S. District Court Judge Gladys Kessler ruled in Rohullah's favor that the DoD had to give his lawyer's thirty days advance notice of plans to transfer him from US custody.[9]

On December 2, 2008 Sandra Hodgkinson, who was then the Deputy Assistant Secretary of Defense for Detainee Affairs, had a letter to the editor published in American Law, responding to Daphne Eviatar's article on Bagram captivity.[10]

References

1. ^1 2 {{cite news| url=http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1193130213816&hub=TopStories| title=The New Gitmo: The Latest Legal Showdown Over Detainee Rights: Why Afghanistan is becoming the latest front in the legal showdown over detainee rights| author=Joe Palazzolo| publisher=Legal Times| date=October 29, 2007| accessdate=2007-10-31}}
2. ^{{cite news| url=http://news.bbc.co.uk/2/hi/south_asia/2214433.stm| title=US forces arrest five Afghans| publisher=BBC| date=24 August 2002| accessdate=2007-10-31}}
3. ^{{cite news| url=https://query.nytimes.com/gst/fullpage.html?res=9D02E0D71F3CF93BA1575BC0A9649C8B63| title=U.S. troops focus on border's caves to seek bin Laden| publisher=New York Times| date=August 28, 2002| author=Ian Fisher, John F. Burns| accessdate=2007-10-31}}
4. ^{{cite web |url = https://www.aclu.org/files/assets/bagramdetainees.pdf |title = Bagram detainees |publisher = Department of Defense |date = 2009-09-22 |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.aclu.org%2Ffiles%2Fassets%2Fbagramdetainees.pdf&date=2010-01-17 |archivedate = 2010-01-17 |deadurl = yes |df = }}
5. ^{{cite web| date=January 10, 2007| url=http://casedocs.justia.com/district-of-columbia/dcdce/1:2006cv01707/122762/14/0.pdf|format=PDF| title=RUZATULLAH v. RUMSFELD et al.| publisher=Justia.com| accessdate=2007-10-31}}
6. ^{{cite web| url=http://dockets.justia.com/docket/court-dcdce/case_no-1:2006cv01707/case_id-122762/| title=RUZATULLAH v. RUMSFELD et al. filings| publisher=Justia.com| accessdate=2007-10-31}}
7. ^1 {{cite web| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2006cv01707/122762/26/0.pdf|format=PDF| title=Ruzatullah, et al., v. Richard Gates, et al., Civ. Action No. 06-CV-01707 (GK)| publisher=Department of Justice| date=August 10, 2007| accessdate=2007-10-31}}
8. ^{{cite news| url=http://jurist.law.pitt.edu/paperchase/2007/10/federal-judge-grants-detainee-request.php| date=October 4, 2007| publisher=The Jurist| title=Federal judge grants detainee request for advance notice of transfer| author=Alexis Unkovic| accessdate=2007-10-31}}
9. ^1 2 {{cite news| url=http://www.latimes.com/news/nationworld/nation/la-na-detainee4oct04,0,2476910.story?coll=la-home-center| title=Judge says U.S. must alert lawyer on detainee transfer: The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system.| author=Henry Weinstein| publisher=Los Angeles Times| date=October 4, 2007| accessdate=2007-10-31}} {{Dead link|date=October 2010|bot=H3llBot}}
10. ^{{cite news |url = http://www.law.com/jsp/tal/PubArticleTAL.jsp?id=1202426728630 |title = Letter to the Editor: The Department of Defense responds to Black Hole, Daphne Eviatar's report on the legal status of the detainees at the U.S.-controlled air base at Bagram |date = 2008-12-02 |author = Sandra Hodgkinson |publisher = American Law |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.law.com%2Fjsp%2Ftal%2FPubArticleTAL.jsp%3Fid%3D1202426728630&date=2009-06-03 |archivedate = 2009-06-03 |deadurl = yes |df = }}

External links

  • [https://web.archive.org/web/20081118010406/http://jurist.law.pitt.edu/pdf/ruzatullah.pdf Text of the ruling in favor of Rohullah]
  • {{cite news

| url=http://dockets.justia.com/docket/court-dcdce/case_no-1:2006cv01707/case_id-122762/
| title= RUZATULLAH v. RUMSFELD et al.
| page=
| pages=
| publisher=Justia
| author=
| date=October 2, 2006
| accessdate=2008-02-01
}}
  • Human Rights First; Undue Process: An Examination of Detention and Trials of Bagram Detainees in Afghanistan in April 2009 (2009){{dead link|date=January 2017 |bot=InternetArchiveBot |fix-attempted=yes }}
{{DEFAULTSORT:Rohullah}}

6 : Afghan extrajudicial prisoners of the United States|Bagram Theater Internment Facility detainees|Living people|Year of birth uncertain|Bagram captives' habeas corpus petitions|Year of birth missing (living people)
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