Rohullah (Bagram captive)

Haji Rohullah (born circa 1967) is a citizen of Afghanistan held in the United States' Bagram Theater detention facility, in Afghanistan.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] Rohullah worked as a driver before being seized at his farm in Jalalabad in August 2006.

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".cite news
url=http://news.bbc.co.uk/2/hi/south_asia/2214433.stm
title=US forces arrest five Afghans
publisher=BBC
date=Saturday, 24 August, 2002
accessdate=2007-10-31] cite news
url=http://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]

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. 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.Rohullah, and another Afghan, Ruzatullah, had a writ of habeas corpus submitted on their behalf in November 2006.cite web
date=January 10 2007
url=http://casedocs.justia.com/district-of-columbia/dcdce/1:2006cv01707/122762/14/0.pdf
title=RUZATULLAH v. RUMSFELD et al
publisher=Justia.com
accessdate=2007-10-31] 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] cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2006cv01707/122762/26/0.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] cite news
url=http://jurist.law.pitt.edu/paperchase/2007/10/federal-judge-grants-detainee-request.php
date=Thursday, October 04, 2007
publisher=The Jurist
title=Federal judge grants detainee request for advance notice of transfer
author=Alexis Unkovic
accessdate=2007-10-31] 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:
#Petitioner Rohullah Will Suffer Irreparable Harm if He is Transferred Without Notice or an Opportunity to be Heard.
## Petitioner Ruzatullah Faces the Threat of Irreparable Harm Based on the Potential Loss of his Habeas Claims.
## Petitioner Rohoullah Faces the Substantial Threat of Torture.
#Petitioner Rohullah Has a Substantial Likelihood of Success on the Merits.
#The Requested Relief Will Not Harm Respondents.
#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 & Lewisand Tina Foster of the International Justice Network.

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

References

External links

* [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