Hafizullah

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Hafizullah is held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] His detainee ID number is 965. The Department of Defense estimates that Hafizullah was born in 1974.

1 Combatant Status Review Tribunal
- 1.1 allegations
2 Administrative Review Board hearing
3 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal's President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved. Navy photo by Photographer’s Mate 1st Class Christopher Mobley

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant

Hafizullah chose to participate in his Combatant Status Review Tribunal.^[2]

[edit] allegations

The allegations against Hafizullah were:^[2]

a The detainee participated in military operations against the United States of coalition partners.

The detainee when captured, was wearing an olive drab green jacket. He was stopped at a checkpoing because he was with a group observed caching weapons which had recently been used against U.S. forces.
The detainee suffered hearing loss when captured, which was caused by firing weapons.
The detainee was raised and employed by Mohammed Shah Agha.
Mullah Mohammed Shah is a low-level commander of the Taliban.
Mullah Mohammed Shah has been reported to be the leader of Taliban troops planning terrorist-style attacks in Afghanistan.

[edit] Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

Hafizullah chose to participate in his Administrative Review Board hearing.^[3]