Deleted:Khi Ali Gul

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Khi Ali Gul
Born 1963 (age 57–58)
Khowst, Afghanistan
Other names Khiali Gul
Citizenship Afghanistan

Khi Ali Gul is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1][2] His Guantanamo Internment Serial Number is 928. Guantanamo counter-terrorism analysts estimate that he was born in 1963, in Khowst, Afghanistan.

In the fall of 2014, following the resignation of Secretary of Defense Chuck Hagel, 17 individuals were repatriated, or transferred, after practically no release for several years. Khi Ali Gul, and three other Afghans, were repatriated on December 19, 2014.Cite error: Closing </ref> missing for <ref> tag[3]

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 requests

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”.

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.[4] 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.[4]

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 dismissed

Template:Original research

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 uniform

Template:Original research 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.

Template:ARB

Gul chose to participate in his Administrative Review Board hearing.[5]

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.

Enemy Combatant Election Form

Khi Ali Gul's Enemy Combatant Election Form, read out by his Assisting Military Officer, informed the Board that he met with Khi Ali Gul on September 1, 2005, for 90 minutes. He described Khi Ali Gul as polite and cooperative throughout.

The Assisting Military Officer quoted Khi Ali Gul:

"Yes I will join the ARB, we are not happy with the last court. They told us they would release the innocent. We told the truth and they didn't let us go. So why do they call us Enemy Combatants?"

The Assisting Military Officer told the Board that he repeated the difference between the Combatant Status Review Tribunal and the Administrative Review Board hearings. The Assisting Military Officer told the Board that he repeated that both procedures were "Administrative"; that neither was a court of law.

Response to the factors

  • Khi Ali Gul acknowledged fighting against the Afghanistan's Soviet invaders. He said he stopped being in touch with any militia groups after the communists were thrown out. He said he took no role in the civil war that followed the communist ouster.
  • Khi Ali Gul denied serving as an intelligence officer. He pointed out he was illiterate. He pointed out that an intelligence chief would have to be able to read and write.
  • Khi Ali Gul denied being a member of the Mujahedin, and denied any knowledge of the explosion in the Khowst bazaar, or any other explosion.
  • Khi Ali Gul denied any association with Jalaludin Haqqani, during the fight against the Soviets. He served under a commander named Islam Gul, who was part of the Sayaff group.
  • Khi Ali Gul acknowledged working under Abbas Khan. He said that both he and Abbas Khan were employees of the Karzai government. He hadn't known him before he started working for the Karzai government. He said that an intelligence chief named Harzat Deem captured both of them, when they were at a gas station in a government vehicle, in prosecution of their duties. Khi Ali Gul said that Abbas Khan was then let go, while he was retained in custody.
  • Khi Ali Gul responded to the allegation that Abbas Khan had collaborated with Jalaludin Haqqani by saying he was not aware of this collaboration and had no information about this.
  • Khi Ali Gul denied ever meeting with Usama bin Laden.
  • Khi Ali Gul denied being a commander of the Gorbaz Medani Regiment. He said that he was a soldier in the Gorbaz Medani Regiment, a new Regiment, formed by the Karzai government.
  • Khi Ali Gul denied planning a rocket attack against Firebase Salerno. He stated that he was a loyal employee of the Karzai government, and that his attendance records would support this.
  • In response to the allegation that he was a member of a Taliban assassination team Khi Ali Gul responded:
    "When you have no connection with that group, how can you be their member? If anybody tells me or saw me for one night working with the Taliban then I don't deserve to be released from here."

Response to Board officer's questions

Medical records

On March 16, 2007 the Department of Defense published records of the captives' height and weights.[6] According to the records for Khi Ali Gul his "in-process date" was March 23, 2003, when he was 65 inches tall and weighed 146 pounds.[7] His weight was recorded 41 more times over the next 44 months. His weight ranged from 145 to 180 pounds during those subsequent weigh-ins. He weighed 164.5 pounds on November 19, 2006, his last published weigh-in.


References

  1. "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 2006-05-15.  16x16px Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  2. Margot Williams (2008-11-03). "Guantanamo Docket: Khi Ali Gul". New York Times. http://projects.nytimes.com/guantanamo/detainees/928-khi-ali-gu. Retrieved 2010-10. 
  3. Summarized transcripts (.pdf), from Khi Ali Gul's Combatant Status Review Tribunal - pages 47-58
  4. 4.0 4.1 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. 
  5. Summarized transcript (.pdf), from Khi Ali Gul's Administrative Review Board hearing - pages 196-205 — September 2005
  6. 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
  7. 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
Cite error: <ref> tag with name "NYTimes2014-12-21" defined in <references> is not used in prior text.

External links

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