Illegal Detention of Guantanamo Detainee Asadullah Haroon Gull 

Illegal Detention of Guantanamo Detainee Asadullah Haroon Gull 
Photo: New York Times/ Abdul Majeed, Agence France-Presse - Getty Images. 

Roos Willemijn Craanen 

International Justice and Human Rights Researcher

Global Human Rights Defence

In a recent judgment, an American Federal Court held that the continued detention of Asadullah Haroon Gull in Guantanamo Bay is unlawful. Gull was presumed to be associated the terrorist organisation ‘Hezb-e Islami’ and has been detained since 2007 in Guantamamo. Officially, Gull was never charged with any crime. Unfortunately, the grounds on which the judge relied to decide that Gull was unlawfully detained, are classified (Kaufman, 2021).

Although the US government may seek to appeal the federal Court’s ruling, this case may prove to be a first step towards Gull’s release (Hebron, 2021). Yet, there is reason to see this judgment as a cautious victory. Namely, critics fear that the ruling may not actually lead to Gull’s release in the foreseeable future. While the ruling is specific, Human Rights Watch emphasises that the case sheds light on the vast number of men that are detained in Guantanamo Bay without a legal basis to do so (Hebron, 2021).

For further reading and source: 

Hebron, L. (21 October 2021). A Step Towards Justice for Guantanamo Detainee: Despite Federal Court Ruling, Continued Detention Likely. Human Rights Watch. https://www.hrw.org/news/2021/10/21/step-toward-justice-guantanamo-detainee. 

Kaufman, E. (21 October 2021). Federal Judge Rules Detention of Guantanamo Detainee is Unlawful. CNN. https://edition.cnn.com/2021/10/21/politics/judge-rules-guantanamo-detention-unlawful/index.html.