Ruzatullah

Infobox WoT detainees
subject_name = Ruzatullah


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detained_at = BTIF
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charge = no charge, held in extrajudicial detention
penalty =
status = transferred to the American built "National Security" wing at Pul-e-Charkhi prison
occupation = farmer
spouse =
parents =
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Ruzatullah is a citizen of Afghanistan who was held in United States' custody in its Bagram Theater Internment Facility, in Afghanistan.cite news
url=http://www.slate.com/id/2172334
title=Custody Dispute: Why is the U.S. stashing detainees at Policharki prison in Afghanistan?
publisher=Slate magazine
author=Eric Lewis
date=Thursday, August 16, 2007
accessdate=2008-02-01
quote=Ruzatullah's young son tried to comfort his father, but according to other family members, Ruzatullah was angry and nonresponsive, showing the signs of long-term confinement and torture. He told his brother that he has lost hope that anyone will listen to his pleas.] cite news
url=http://site.ijnetwork.org/content/view/53/38/
title=IJN Wins Third Victory in U.S. Courts
publisher=International Justice Network
date=October 3, 2007
accessdate=2008-02-01] cite news
url=http://www.scotusblog.com/wp/uncategorized/another-detainee-case-put-on-hold/
title=Another detainee case put on hold
publisher=Scotusblog
author=Lyle Deniston
date=Thursday, September 13, 2007
accessdate=2008-01-18] Ruzatullah is notable for being one of the first captives held by the USA in extrajudicial detention in Afghanistan to have a writ of habeas corpus filed on his behalf.

Capture

Eric Lewis, one of Ruzatullah's attorneys, wrote in Slate magazine in August 2007, that Ruzatullah and his brother were captured in two and a half years earlier.

Ruzatullah v. Gates

Ruzatullah, and Haji Rohullah, two men held in extrajudicial detention in Bagram had a writ of habeas corpus. Ruzatullah v. Gates, filed on their behalf on October 2 2006.cite news
url=http://dockets.justia.com/docket/court-dcdce/case_no-1:2006cv01707/case_id-122762/
title=Ruzatullah v. Rumsfeld et al
publisher=Department of Justice
date=October 2, 2006
accessdate=2008-01-18] As of December 2007 lawyers for the petitioners and the respondent had filed a total of 38 sets of documents.

Mark Berman, one of the attorneys for Ali Saleh Kahlah Al-Marri, the only "enemy combatant" detained in the continental USA, wrote that the Military Commissions Act opened access to the DC Court of appeals to American captives held outside of Guantanamo.ALI SALEH KAHLAH AL-MARRIcite news
url=http://www.brennancenter.org/dynamic/subpages/download_file_47350.pdf
title=Al Marri v. Wright
publisher=United States Department of Justice
author=Mark Berman
date=December 29, 2006
accessdate=2008-02-01]

Transfer to Pul-e-Charkhi prison

On June 7 2007, without any advance notice, the Department of Defense transferred Ruzatullah to the Pul-e-Charkhi prison.They argued that since the Pul-e-Charkhi prison is an Afghan prison, with Afghan guards, Ruzatullah is in Afghan custody, and is no longer under the control of the USA.

Eric Lewis's response to that argument is that Ruzatullah, and close to one hundred other captives in US custody were transferred to a new US-built wing of the prison, guarded by Afghans who were hired by, and trained by US personnel, and that the control room is staffed by US personnel, these captives are in Afghan custody in name only. He questioned whether Afghan courts would not be allowed to set these men free.

Lewis wrote that Ruzatullah's family had been allowed to visit him in Pul-e-Charkhi, and that they found him erratic and argumentative.

References