Amos Barshad | The Marshall Project & Longreads | February 2018 | 16 minutes (4,100 words)

This article was co-published with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletter, or follow The Marshall Project on Facebook or Twitter.

The message came in on a spring day via the undisclosed U.S. government facility that approves all correspondence out of the military prison in Guantánamo Bay. It was a request for representation from Haroon Gul, a detainee, to Shelby Sullivan-Bennis, an attorney. Gul had never had a lawyer. He was one of the last men in Guantánamo without one.

Now, in 2016, his request was urgent. After nearly a decade of nothing, he was being given the chance to explain himself. It would happen through the Periodic Review Board, an administrative body that considers whether Guantánamo prisoners who have not been charged should be transferred home or to another country. A board representative wrote Sullivan-Bennis an email explaining that Gul, also identified as detainee number ISN 3148, “has requested in writing that you assist him with … proceedings before the PRB, at no cost to the Government.” When the email arrived, Gul’s first hearing was weeks away.

Guantánamo lawyers are famously overworked. At the time, Sullivan-Bennis was juggling five other clients. She and her coworkers at the human rights organization Reprieve asked themselves: How can we possibly handle another one? “And then everyone was like, ‘Let’s just try,’” Sullivan-Bennis recalled. “Because otherwise he’ll be alone.’”

She typed Gul a brief note saying that she’d take his case and that she’d come see him soon. She asked if he wanted anything from Guantánamo’s all-purpose department store, the Navy Exchange.

“Dear Honorable Miss Shelby Sullivan Bennis,” he wrote back in sloping, cursive handwriting, “I have no words to express my feeling of gratitude, appreciation and Thanks for your timly legal and moral help in my PRB hearing. I was in a helpless and hopeless state of my mind in my legal affairs you gave me emotional psycholgcal help.”

A few weeks later, they met for the first time in a windowless cement cellblock on prison grounds. Gul sat across a plastic-top table from Sullivan-Bennis in a loose-fitting, tan-colored T-shirt, with his ankle shackled to a metal ring secured to the floor. He’d been detained in Guantánamo since 2007, shortly after Afghan National Directorate of Security forces burst with guns into the rural guesthouse where he was staying outside Jalalabad and threw a bag over his head.

For the first time, he told his story to a lawyer. He was in his early 30s, like her. He had a wife, Halimah, and a 10-year-old daughter, Maryam, living in a refugee camp in Pakistan. Gul himself grew up in a Pakistani camp after violence forced his family to flee his home in Afghanistan. Despite harsh camp conditions, he’d earned an economics degree at Hayatabad Science University. He spoke four languages, including Pashto and Dari. While at Guantánamo he’d learned a fifth, English.

And like nearly every other detainee held at Guantánamo since 9/11, Gul had never been charged with a crime. The U.S. government was justifying his detainment under the law of war. In a secret government dossier on Gul released by Wikileaks, Gul (also known as Haroon al-Afghani) is described as “high risk” and of “high intelligence value.” The dossier alleges that he was an explosives expert and a high-ranking military strategist who had executed attacks on the Northern Alliance on behalf of Hezb-e Islami Gulbuddin, or HIG, a party affiliated with al Qaeda in the 2000s. U.S. intel also indicates that, in 2001, Gul attempted to help Osama bin Laden escape from Tora Bora.

Gul was too polite to put it this way, but he was effectively saying that it was all, all of it, bullshit. His affiliation with HIG was the same as that of millions of other Afghans: The group ran the refugee camps he needed to survive. He said he supported his family by selling small goods, like used books and jars of honey. He said the reason he was in that guesthouse that night was because he was on the road, selling, trying to scrape together some money. He said the Afghans had grabbed the wrong person.

The government’s allegations were built on secret interrogations and unidentified sources named things like IZ-10026. Sullivan-Bennis came to believe that Gul was innocent. It had happened before: An alleged al Qaeda agent named Mustafa al-Aziz al-Shamiri was detained for 13 years before his release; during his PRB hearing, the government admitted it may have had the wrong man. Read more…