|The below content is licensed according to Creative Commons Attribution-ShareAlike License contrary to the public domain logo at the foot of the page. It originally appeared on http://en.wikipedia.org. The original article might still be accessible here. You may be able to find a list of the article's previous contributors on the talk page.|
Obaidullah(born c. 1980) is a citizen of Afghanistan, currently held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba. He was captured as an Enemy combatant on July 20, 2002 and as of July 15, 2012, he has been held at Guantánamo for nine years nine months.
Obaidullah reported abusive interrogation while held in Bagram, during a period of time when the officers in charge have acknowledged directing the use of the proscribed technique of chaining a detainees hands above his head in order to impose sleep deprivation.
Official status reviews
Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
Office for the Administrative Review of Detained Enemy Combatants
Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.
Scholars at the Brookings Institute, lead by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:
- Obaidullah was listed as one of the captives who had faced charges before a military commission.
- Obaidullah was listed as one of the captives who the military alleges were members of either al Qaeda or the Taliban and associated with the other group.
- Obaidullah was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
- Obaidullah was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."
- Obaidullah was listed as one of the captives who was ab "al Qaeda operative".
- Obaidullah was listed as one of the captives "who have been charged before military commissions and are alleged Al Qaeda operatives."
- Obaidullah was listed as one of the "34 [captives] who admit to some lesser measure of affiliation—like staying in Taliban or Al Qaeda guesthouses or spending time at one of their training camps."
- Obaidullah was listed as one of the captives who had admitted "to training at Al Qaeda or Taliban camps".
Habeas corpus petition
Obaydullah's habeas corpus is one of the most significant. Wells Bennett, writing in Lawfare, reported on September 17, 2012, that Obaidullah's lawyers had submitted new challenge to the DC Circuit Court of Appeals.
Formerly secret Joint Task Force Guantanamo assessment
On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. The assessment was 8 pages long and was dated June 17, 2008. The assessment was signed by camp commandant David M. Thomas Jr., and recommended his continued detention.
- The charges allege he hid mines and other explosives in the Khost area of Afghanistan from October 2001 to July 2002 and carried a notebook describing "how to wire and detonate explosive devices in preparation for acts of terrorism."
- list of prisoners (.pdf), US Department of Defense, May 15, 2006
- The New York Times. http://projects.nytimes.com/guantanamo/detainees/762-obaidullah.
- "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation."
- Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institute. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16. "Al Sani said he traveled to Afghanistan shortly before September 11 and trained on a Kalashnikov. “I felt it was important in coming of age,” he said. “I went to Afghanistan for weapons training, not to fight anyone.”" mirror
- Wells Bennett (2012-09-17). "Rehearing Petition in Obaydullah". Lawfare. Archived from the original on 2012-09-19. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.lawfareblog.com%2F2012%2F09%2Fen-banc-petition-in-obaydullah%2F&date=2012-09-19. "Obaydullah’s position, in short, is that the panel failed to address the district court’s application of Latif, in particular the petitioner’s rebuttal of the presumption of accuracy; and that, in any case, the Latif presumption was wrong and should be re-visited by the court of appeals en banc."
- Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-13. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=2012-07-13. Retrieved 2012-07-13. "The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website."
- "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10.
- "Ubaydallah: Guantanamo Bay detainee file on Ubaydallah, US9AF-000762DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476904/Guantanamo-Bay-detainee-file-on-Ubaydallah-US9AF-000762DP.html. Retrieved 2012-07-10. "Recommendation: Continued detention under DoD control"
- David M. Thomas Jr. (2008-06-17). "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9AG". Joint Task Force Guantanamo. http://media.mcclatchydc.com/smedia/2011/04/27/18/us9af-000762dp.source.prod_affiliate.91.pdf. Retrieved 2012-09-19. mirror
- Jane Sutton (2008-09-10). "U.S. charges Afghan prisoner at Guantanamo". Reuters. http://www.reuters.com/article/topNews/idUSN9A45605320080910. Retrieved 2008-09-11. mirror
- "Charge Sheet". United States Department of Defense. 2008-09-10. Archived from the original on 2012-09-19. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.lawfareblog.com%2Fwp-content%2Fuploads%2F2012%2F03%2FObaidullah_Government_Sworn_Charges.pdf&date=2012-09-19. Retrieved 2008-09-11.
- Afghan Nobody Faces Trial by Military Commission Andy Worthington
- Amnesty International Blasts Obama for Delays and Injustice on Human Rights, Guantánamo and Terrorism Andy Worthington June 26, 2010
- Human Rights First; The Case of Obaidullah, Afghan
- Human Rights First; The Case of Obaidullah, Afghan