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Shawali Khan is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 899. The Department of Defense estimate he was born in 1963, in Kandahar, Afghanistan. Shawali Khan arrived at the Guantanamo detention camps on February 7, 2002, and has been held there for Template:For year month day.
US District Court Judge John D. Bates, who has reviewed Shawali's confidential file, wrote that all the allegations he faced were based on “multiple levels of hearsay”, that “all of the information contained in the reports could come from a single individual” and that “no source is identified by name.” Shahwali Khan's lawyer Leonard C. Goodman, who has reviewed Shawali's confidential file says he was simply a merchant, denounced for a bounty.
On September 6, 2011, the United States Court of Appeals for the District of Columbia affirmed denial of Khan's petition for a writ of habeas corpus.
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:
- Shawali Khan was listed as one of the captives who "The military alleges ... are associated with both Al Qaeda and the Taliban."
- Shawali Khan was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."
- Shawali Khan was listed as one of the captives who "The military alleges ... fought for the Taliban."
- Shawali Khan was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."
- Shawali Khan was listed as one of the captives who was a "Taliban fighters and operatives."
- Shawali Khan was listed as one of the "34 [captives] admit to some lesser measure of affiliation—like staying in Taliban or Al Qaeda guesthouses or spending time at one of their training camps."
- Shawali Khan was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban."
Formerly secret Joint Task Force Guantanamo assessment
- "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
- 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
- "Measurements of Heights and Weights of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba (ordered and consolidated version)". Center for the Study of Human Rights in the Americas, from DoD data. Archived from the original on 2009-12-21. http://www.webcitation.org/query?url=http%3A%2F%2Fhumanrights.ucdavis.edu%2Fresources%2Flibrary%2Fdocuments-and-reports%2Fgtmo_heightsweights.pdf&date=2009-12-21.
- Margot Williams (2008-11-03). "Guantanamo Docket: Shawali Khan". New York Times. http://projects.nytimes.com/guantanamo/detainees/899-shawali-khan.
- Leonard C. Goodman (2009-09-22). "Sold to the United States for Cash". In These Times. Archived from the original on 2009-09-22. http://www.webcitation.org/query?url=http%3A%2F%2Finthesetimes.com%2Farticle%2F4895%2Fsold_to_the_united_states_for_cash%2F&date=2009-09-22.
- "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm. "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. Archived from the original on 2012-06-22. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16.
- 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.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html. 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.
- "Shawali Khan: Guantanamo Bay detainee file on Shawali Khan, US9AF-000899DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Archived from the original on 2013-07-08. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476930/Guantanamo-Bay-detainee-file-on-Shawali-Khan-US9AF-000899DP.html. Retrieved 2014-10-02. "Recommendation: Continued detention under DoD control"
- Who Are the Remaining Prisoners in Guantánamo? Part Eight: Captured in Afghanistan (2002-07) Andy Worthington
- Judge Denies Habeas Petition of Afghan Shopkeeper at Guantánamo Andy Worthington, September 7, 2010
-  Opinion of United States Court of Appeals for the District of Columbia