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m Bot: Fixing double redirect to Uyghur detainees at Guantanamo Bay
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#REDIRECT [[Uyghur detainees at Guantanamo Bay]]
{{Cleanup-rewrite|date=December 2009}}
{{USgovtPOV|date=December 2009}}
{{Infobox WoT detainees
| subject_name = Hozaifa Parhat
| image_name =
| image_size =
| image_caption =
| date_of_birth = {{Birth date|1971|2|11}}
| place_of_birth = [[Ghulja]], China
| date_of_death =
| place_of_death =
| detained_at = [[Guantanamo Bay detention camp|Guantanamo]]
| id_number = 320
| group =
| alias =
| charge = No charge (unlawfully detained)
| penalty =
| status = Released
| occupation =
| spouse =
| parents =
| children =
}}
'''Hozaifa Parhat''' is an [[Uyghur]] refugee, imprisoned for seven years in the [[United States]] [[Guantanamo Bay detention camp]]s, in [[Cuba]].<ref name=DoDList2>
{{Cite web
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
|format=PDF| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=May 15, 2006
| accessdate=2007-09-29
}}</ref>
His [[Internment Serial Number]] ("ISN") was 320. [[Joint Task Force Guantanamo]] [[counter-terrorism]] analysts report he was born in February 11, 1971, in [[Ghulja]], China.

Parhat is one of the 22 [[Uyghur detainees in Guantanamo|Uighurs held in Guantanamo]] for many years despite it became clear early on that they were innocent.<ref>http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2009/04/02/innocent_detainees_need_a_home/</ref><ref>http://ccrjustice.org/newsroom/press-releases/17-innocent-uighurs-detained-guant%C3%A1namo-ask-supreme-court-release</ref><ref name=AsiaTimes041104>[http://www.atimes.com/atimes/China/FK04Ad02.html China's Uighurs trapped at Guantanamo], ''[[Asia Times]]'', November 4, 2004</ref>

He won his [[habeas corpus]] in 2008. Judge [[Ricardo Urbina]] declared his detention as unlawful and ordered to set him free in the [[United States]]. He was sent to [[Bermuda]] in June 2009.

==''Parhat v. Gates''==
{{Wikisource|Hufaiza Parhat, et al., v. Robert M. Gates, et al., Petitioners' motion for entry of protective order, December 18, 2006}}

He is the lead petitioner in ''[[Parhat v. Gates]]'', no. 06-1397 (D.C. Cir.), a case brought by seven [[Uyghur people|Uyghurs]] challenging their "enemy combatant" designation under the Detainee Treatment Act of 2005.<ref name=ParhatVGates20061218>
{{Cite news
| url=http://www.pegc.us/archive/Parhat_v_Gates/pet_mot_po_20061218.pdf
|format=PDF| title=Hufaiza Parhat v. Robert M Gates
| publisher=[[United States Department of Justice]]
| author=[[Erika Tillery]]
| date=December 18, 2006
| accessdate=2008-04-08
| quote=
}}</ref>

[[Susan Baker Manning]], one of Parhat's attorneys, commented:
{{Quote|
If we're going to hold people, possibly for the rest of their lives, it seems eminently fair that we should look at all the evidence to see if they are or are not the people who should be at Guantánamo.<ref name=NYtimes20070912>
{{Cite news
| url=http://www.nytimes.com/2007/09/12/washington/12gitmo.html?ref=todayspaper
| publisher=''[[New York Times]]''
| author=[[William Glaberson]]
| title=Officials Cite Danger in Revealing Detainee Data
| date= September 12, 2007
| accessdate=2007-09-12
| page=A18
}}</ref>}}

{{Uyghur detainee}}
{{Quote|Hozaifa Parhat is a 33-year-old Chinese citizen, who is an ethnic Uighur from the Ghulja province of China. He claims to have fled the Xinjiang province, China to train in Afghanistan and return to fight Chinese oppression of ethnic Uighurs. He was last interviewed in mid 2004. He has no reported incidents of violence in his discipline history. Parhat is suspected as being a probable member of the East Turkistan Islamic Movement (ETIM). He is suspected of having received training in an ETIM training camp in Afghanistan.}}

== Combatant Status Review ==

{{CSRT-Yes}}<ref name=CsrtSummaryOfEvidenceHozaifaParhat>
{{Cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000300-000399.pdf#55
| title=Summary of Evidence for Combatant Status Review Tribunal -- Parhat, Hozaifa
| date=8 November 2004
| pages=pages 55–56
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| accessdate=2007-12-19
}}</ref>
The memo listed the following allegations against him:

{{Quotation|
The detainee is associated with al Qaida and the Taliban:
# The detainee departed China in May 2001 and traveled to Tora Bora, Afghanistan via Pakistan.
# The detainee received training on the Kalashnikov AK-47 assault rifle and other light weapons at a Uighur training camp in Tora Bora, Afghanistan.
# The training camp was provided to the Uighurs by the Taliban.
# The East Turkistan Islamic Movement (ETIM) operated facilities in the Tora Bora region of Afghanistan in which Uighur expatriates underwent small arms training. The camps were funded by Bin Laden and the Taliban.
# The detainee lived at the Uighur training camp from early June through mid-October 2001 until the United States bombinb campaign that destroyed the camp.

The detainee participated in military operations against the United States and its coalition partners.
# The detainee stated that the Uighur training camp was destroyed during the first night of the United States bombing campaign.
# The detainee fled along with others farther into the mountains of Tora Bora with the initiation of the United States bombing campaign.
# The detainee was captured in Pakistan fleeing Afghanistan with other Uighur and Arab personnel in 2001.
}}

===Transcript===
Parhat chose to participate in his [[Combatant Status Review Tribunal]].<ref name=CsrtHozaifaParhat>
{{Cite web
| url={{DoD detainees ARB|Set_18_1463-1560.pdf#43}}
| title=Summarized Statement
| date='''date redacted'''
| pages='''pages 43–54'''
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| accessdate=2008-04-08
}}</ref>
On March 3, 2006, in response to a [[court order]] from Judge [[Jed Rakoff]], the [[United States Department of Defense|Department of Defense]] published a ten page summarized transcript from his Combatant Status Review Tribunal.<ref name=TheAge20060404>
{{Cite news
| url=http://www.theage.com.au/news/World/US-releases-Guantanamo-files/2006/04/04/1143916500334.html
| title=US releases Guantanamo files
| publisher=[[The Age]]
| date=April 4, 2006
| accessdate=2008-03-15
| quote=
}}</ref>

==Federal appeal==
{{Wikisource|Hufaiza Parhat v. Robert M. Gates -- decided June 20, 2008}}
{{Wikisource|Hufaiza Parhat v. Robert M. Gates -- Filed On: June 23, 2008}}

On June 12, 2008, the [[United States Supreme Court]] ruled on [[Boumediene v. Bush]]. Its ruling overturned aspects of the [[Detainee Treatment Act]] and [[Military Commissions Act of 2006]], allowing Guantanamo captives to access the US justice system for habeas petitions.

On Monday June 23, 2008, it was announced that a three judge Federal court of appeal had overturned the determination of Parhat's Combatant Status Review Tribunal on Friday June 20, 2008.<ref name=Wapo20080623>
{{Cite news
| url=http://www.washingtonpost.com/wp-dyn/content/article/2008/06/23/AR2008062300844.html
| title=Appeals court rules for Guantanamo prisoner
| publisher=[[Washington Post]]
| author=[[James Vicini]]
| date=June 23, 2008
| accessdate=2008-06-23
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2008%2F06%2F23%2FAR2008062300844.html&date=2008-06-23 mirror]
</ref><ref name=McClatchyParhat20080623>
{{Cite news
| url=http://www.mcclatchydc.com/homepage/story/41907.html
| title=In first, court rejects military's ruling in Guantanamo case
| publisher=[[McClatchy News Service]]
| date=June 23, 2008
| accessdate=2008-06-23
| quote=
}}
</ref><ref name=Iht20080623>
{{Cite news
| url=http://www.iht.com/articles/ap/2008/06/23/america/NA-GEN-US-Guantanamo-Chinese-Muslim.php
| title=US appeals court rejects classification of Chinese Muslim as an enemy combatant
| publisher=[[International Herald Tribune]]
| date=June 23, 2008
| accessdate=2008-06-23
| quote=
}}
</ref><ref name=Cnn20080623>
{{Cite news
| url=http://edition.cnn.com/2008/US/06/23/gitmo.chinese.muslim/
| title=Court rules in favor of Chinese Muslim held at Gitmo
| publisher=[[CNN]]
| author=[[Bill Mears]]
| date=June 23, 2008
| accessdate=2008-06-23
| quote=
}}
</ref><ref name=Boston20080624>
{{Cite news
| url=http://www.boston.com/news/nation/washington/articles/2008/06/23/appeals_court_rules_for_guantanamo_detainee/?rss_id=Boston.com+--+National+news
| title=Court ruling on detainee another setback for gov't
| publisher=[[Boston Globe]]
| author=[[Pete Yost]]
| date=2008-06-24
| accessdate=2008-06-24
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.boston.com%2Fnews%2Fnation%2Fwashington%2Farticles%2F2008%2F06%2F23%2Fappeals_court_rules_for_guantanamo_detainee%2F%3Frss_id%3DBoston.com%2B--%2BNational%2Bnews&date=2008-06-24 mirror]
</ref> Parhat's was the first case to ruled on since the Supreme Court's ruling in Boumediene v. Bush.
The panel that reviewed Parhat's CSR Tribunal determination was made up of [[David B. Sentelle]], [[Merrick B. Garland]] and [[Thomas B. Griffith]].<ref name=NewYorkTimes20080624>
{{Cite news
| url=http://www.nytimes.com/2008/06/24/washington/24combatant.html?_r=1&hp&oref=slogin
| title=Court Voids Finding on Guantánamo Detainee
| publisher=[[New York Times]]
| author=[[William Glaberson]]
| date=2008-06-24
| accessdate=2008-06-24
| quote=
}}
</ref> The court initially published only a one paragraph announcement as its full ruling contained classified material.
According to [[CNN]] the judges ordered the Department of Defense to either: "release or transfer Parhat, or to expeditiously hold a new [military] tribunal."<ref name=Cnn20080623/>

According to Sabin Willett, one of his lawyers, it was not possible to tell Parhat of the ruling, because camp authorities were holding him in [[solitary confinement]].<ref name=LosAngelesTimes20080624>
{{Cite news
| url=http://www.latimes.com/news/nationworld/washingtondc/la-na-gitmo24-2008jun24,0,6727416.story
| title=Court rules for Guantanamo inmate
| publisher=[[Los Angeles Times]]
| author=[[Josh Meyer]]
| date=2008-06-24
| accessdate=2008-06-24
| quote="It is a tremendous day. It is a very conservative court, but we pressed ahead and we won unanimously," said lawyer P. Sabin Willett. "But Huzaifa Parhat is now in his seventh year of imprisonment at Guantanamo Bay, and he doesn't even know about this ruling because he's sitting in solitary confinement and we can't tell him about it. That's what we do to people in this country -- we put them in solitary confinement even when they are not enemy combatants."
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.latimes.com%2Fnews%2Fnationworld%2Fwashingtondc%2Fla-na-gitmo24-2008jun24%2C0%2C6727416.story&date=2008-06-24 mirror]
</ref>

The ''[[Los Angeles Times]]'' quoted comments on the ruling from [[David D. Cole|David Cole]], the author of two books on military law<ref name=LosAngelesTimes20080624/>:
:{| class="wikitable" border="1"
|
:Now all of these cases have been revived and this is the first case to move forward. And here is somebody that the military has been holding on to for six years and the federal court now says he shouldn't have been held in the first place. Absent this independent judicial review, he might have been sitting there for another 10 to 15 years. Now he has a chance to find freedom.
|}

On June 19, 2008, [[United States Congress|Congressional Representatives]] [[Bill Delahunt]] and [[Dana Rohrabacher]] published an open letter to [[Secretary of Defense]] [[Robert Gates]], calling for the Uyghurs to be moved to more humane conditions within Guantanamo until a country can be found to accept them.<ref name=Boston20080624/>

The 39 paqe redacted, unclassified version of the ruling was published on June 30.<ref name="url">{{Cite web |url=http://pacer.cadc.uscourts.gov/common/opinions/200806/06-1397-1124487.pdf |title=Full opinion |format=pdf |work= |accessdate=2008-07-04}}</ref> The ruling pointedly criticized the government's argument that evidence must be reliable because it appears in several documents, stating that “This comes perilously close to suggesting that whatever the government says must be treated as true.” It compared this argument to the [[Bellman]]'s dictum in [[Lewis Carroll]]'s [[The Hunting of the Snark]]: "Lewis Carroll notwithstanding, the fact that the government has 'said it thrice' does not make an allegation true."<ref name="urlJudges cite nonsense poem in Guantanamo case -- chicagotribune.com">{{Cite news |url=http://www.chicagotribune.com/news/politics/sns-ap-guantanamo-chinese-detainee,0,2303483.story |title=Judges cite nonsense poem in Guantanamo case |date=30 June 2008 | author = Matt Apuzzo | work=[[Chicago Tribune]] |accessdate=2008-07-04}}</ref>

[[Steve Chapman]] a legal columnist at the ''[[Chicago Tribune]]'' commented on the Bush administration's arguments<ref name=ChicagoTribune20080706>
{{Cite news
| url=http://www.chicagotribune.com/news/columnists/chi-oped0706chapmanjul06,0,3566869.column
| title=Truth and the Gitmo detainees
| publisher=[[Chicago Tribune]]
| author=[[Steve Chapman]]
| date=2008-07-06
| accessdate=2008-07-30
| quote=But the U.S. Court of Appeals for the District of Columbia Circuit, after reviewing secret documents submitted by the government, found that there was no real evidence. It said the flimsy case mounted against Parhat "comes perilously close to suggesting that whatever the government says must be treated as true." And it ruled that, based on the information available, he was not an enemy combatant even under the Pentagon's own definition of the term.
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.chicagotribune.com%2Fnews%2Fcolumnists%2Fchi-oped0706chapmanjul06%2C0%2C3566869.column&date=2008-07-30 mirror]
</ref>:
{{Quotation|The operating assumption here is that the prisoners are terrorists who were captured while fighting a vicious war against the United States. But can the critics be sure? All they really know about the Guantanamo detainees is that they are Guantanamo detainees. To conclude that they are all bloodthirsty jihadists requires believing that the U.S. government is infallible.}}

==Petition for release into the USA==
On July 23, 2008 Susan Baker Manning filed a motion requesting Parhat be released on parole in the USA, until his habeas petition was completed.<ref name=Cv08-0442Doc191>
{{Cite web
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/191/0.pdf
|format=PDF| title=Guantanamo Bay Detainee Litigation: Doc 191 -- Notice of filing
| publisher=[[United States Department of Justice]]
| author=
| date=2008-07-23
| accessdate=2008-08-13
| quote=
}}
</ref><ref name=Cv08-0442Doc203>
{{Cite web
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/203/0.pdf
|format=PDF| title=Huzaifa Parhat's motion for immediate release on parole into the continental United States pending final judgment on his habeas petition
| publisher=[[United States Department of Justice]]
| author=
| date=2008-07-29
| accessdate=2008-08-13
| quote=
}}
</ref>

On August 5, 2008 the [[United States Department of Justice]] opposed Parhat being released in the USA, and to having a judgment made on his habeas petition.<ref name=Cv08-0442Doc243>
{{Cite web
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/243/0.pdf
|format=PDF| title=Respondent's combined opposition to Parhat's motion for immediate release into the United States and to Parhat's motion for judgment on his habeas petition
| publisher=[[United States Department of Justice]]
| author=[[Gregory G. Katsas]], [[John C. O'Quinn]]
| date=2008-08-05
| accessdate=2008-08-13
| quote=
}}
</ref>
The Government's opposition filing was 22 pages long.

The Department of Justice had initially claimed it was necessary to convene a new Combatant Status Review Tribunal, which might consider new evidence supporting a determination that Parhat was indeed an "enemy combatant".<ref name=Scotusblog20080819>
{{Cite news
| url=http://www.scotusblog.com/wp/analysis-escalating-the-parhat-case/
| title=Analysis: Escalating the Parhat case
| publisher=[[Scotusblog]]
| author=[[Lyle Denniston]]
| date=2008-08-19
| accessdate=2008-09-09
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Fwp%2Fanalysis-escalating-the-parhat-case%2F&date=2008-09-09 mirror]
</ref>
On September 2, 2008 the DC Circuit Court denied the Department of Justice plea, ensuring that there would be no re-hearing for Parhat.<ref name=Scotusblog20080903>
{{Cite news
| url=http://www.scotusblog.com/wp/no-rehearing-in-parhat/
| title=No rehearing in Parhat
| publisher=[[Scotusblog]]
| author=[[Lyle Denniston]]
| date=2008-09-03
| accessdate=2008-09-09
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Fwp%2Fno-rehearing-in-parhat%2F&date=2008-09-09 mirror]
</ref>

The Bush administration still maintains no foreign country is willing to accept Parhat, and is resisting calls to offer him residency or asylum in the USA.<ref name=WashingtonPost20080816>
{{Cite news
| url=http://www.washingtonpost.com/wp-dyn/content/article/2008/08/15/AR2008081503322.html
| title=A Home for a Detainee: The U.S. government wants to get Huzaifa Parhat out of Guantanamo Bay. Here's how it could
| publisher=[[Washington Post]]
| page=A14
| author=
| date=2008-08-16
| accessdate=2008-09-09
| quote=
}}
</ref>

On September 29, 2008 [[James Oliphant]], writing in the ''[[Chicago Tribune]]'', quoted [[Jason Pinney]], one of the Uyghur's attorneys.<ref name=ChicagoTribune2008-09-29>
{{Cite news
| url=http://www.chicagotribune.com/news/nationworld/chi-gitmo-uighurssep29,0,3841799.story
| title=A Chinese Muslim in Gitmo legal limbo: Though eligible for freedom, detainee labeled a foe of China is going nowhere
| publisher=[[Chicago Tribune]]
| author=[[James Oliphant]]
| date=2008-09-29
| accessdate=2008-09-29
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.chicagotribune.com%2Fnews%2Fnationworld%2Fchi-gitmo-uighurssep29%2C0%2C3841799.story&date=2008-09-29 mirror]
</ref>
Oliphant characterized the USA decideing to label the Separatist group the Uyghurs were said to have been affiliated with a terrorist group, long after they were captured, in order to curry support from the Chinese for the invasion of Iraq:
:{| class="wikitable" border="1"
|
*"The Uighurs are really the poster boys for what happens when you exclude judicial review from something like Guantanamo. You get abuse."
*"If you connect the dots, it does not look good. The government knew it did something wrong, picked up the wrong people."
*"They want to blame the international community. They won't accept these poor Uighurs. You've brought them here and you have labeled them terrorists. The worst of the worst. Cold-blooded killers."
|}

Oliphant also quoted [[Commander]] [[Jeffrey D. Gordon|Jeffrey Gordon]], a Guantanamo spokesman, who defended the record of GI's at Guantanamo<ref name=ChicagoTribune2008-09-29/>:
:{| class="wikitable" border="1"
|
*"This assertion is categorically untrue. For years, we have been hard at work with the international community in resettlement options for the Uighurs at Guantanamo, as we do not repatriate detainees to countries which cannot provide credible assurances of humane treatment."
|}

==Sent to Bermuda==
Huzaifa Parhat
and three other Uyghurs
[[Abdul Helil Mamut]], [[Emam Abdulahat]] and [[Jalal Jalaladin]]
were set free in Bermuda on June 11, 2009.<ref name=AndyWorthington2009-06-11>
{{Cite news
| url=http://www.huffingtonpost.com/andy-worthington/who-are-the-four-guantana_b_214606.html
| title=Who Are the Four Guantanamo Uighurs Sent to Bermuda?
| date=2009-06-11
| author=[[Andy Worthington]]
| publisher=[[Huffington Post]]
<!--
| archiveurl=
| archivedate=2009-06-11
-->
| accessdate=2009-06-11
}}</ref>

==References==
{{Reflist|2}}

==External links==
{{Commons|Huzaifa Parhat}}
*[http://www.andyworthington.co.uk/2008/10/09/from-guantanamo-to-the-united-states-the-story-of-the-wrongly-imprisoned-uighurs/ From Guantánamo to the United States: The Story of the Wrongly Imprisoned Uighurs] [[Andy Worthington]] October 9, 2008
*[http://ccrjustice.org/files/2008-10-09%20Kiyemba%20corrected%20release%20order%20%282008-10-09%29.pdf Judge Ricardo Urbina’s unclassified opinion (redacted version)]
*[http://ccrjustice.org/files/2008-10-07%20Kiyemba%20-%20Uighur%20hearing%20transcript.pdf MOTIONS/STATUS HEARING - UIGHURS CASES BEFORE THE HONORABLE RICARDO M. URBINA]
*{{Cite news
| url=http://www.goerie.com/apps/pbcs.dll/article?AID=/20080712/OPINION09/807120314/-1/OPINION
| title=Flimsy evidence, arrogance keep detainee in limbo
| publisher=[[Erie Times]]
| author=
| date=2008-07-12
| accessdate=2008-07-19
| quote=
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.goerie.com%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D%2F20080712%2FOPINION09%2F807120314%2F-1%2FOPINION&date=2008-07-19 mirror]

{{ListUyghurCaptives}}

[[Category:Chinese extrajudicial prisoners of the United States]]
[[Category:Uyghurs]]
[[Category:Living people]]
[[Category:1971 births]]
[[Category:Exonerated terrorism suspects]]
[[Category:Guantanamo detainees known to have been released]]

Latest revision as of 00:37, 8 October 2019

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