Irek Hamidullan

Irek Hamidullah is a citizen of Russia, who the United States reports they captured in Afghanistan in 2009. Irek Hamidullah is said to be a nom de guerre, of a Russian in his 50s, who defected from the Soviet Union's armed forces, occupying Afghanistan, in the 1980s. His real name is not known, nor how he spent the decades between his defection from the Soviet Union and his capture by the Americans, although the Americans have said they believe he participated in "several" attacks on US forces. It is known that he was recovering from wounds, when captured.

The Washington Post reported in December 2013 that Hamidullah was one of the several dozen long term captives held in the Bagram Theater Internment Facility, who were not citizens of Afghanistan.

The Washington Post reported the Hamidullah was considered one of the foreigners with the strongest evidence against him, and that the Department of Defense wanted to bring him to the United States, to face charges before a military commission like the controversial Guantanamo military commissions. They reported the DoD was planning to try to bring less than ten foreign captives from Afghanistan to the USA to face charges before a military commission. Quoting officials who would not put their name on record the Washington Post reported “He’s pretty well-connected in the terrorist world,” and that he had ties to Chechen rebels, and two Afghan opposition militias, and that he had declared he would “return to jihad,” if released.

The US Congress has restricted United States President from bringing Guantanamo captives to United States territory—even those who had been determined not to have been enemy combatants, after all. But Congress didn't consider the possibility that captives held outside of Guantanamo might be brought to the US, so the restriction does not apply to them. United States Senators Saxby Chambliss and Lindsey Graham argued, instead, that men like Hamidullah should be sent to Guantanamo.

Human Rights scholars and legal experts questioned whether it was appropriate to charge these men before the troubled and largely unprecedented military commission system, when the USA had successfully prosecuted hundreds of terrorists in the regular US civilian justice system.

Marty Lederman, a Professor at Georgetown University, writing in Just Security, in December 2013, pointed out that, without regard to the speculation over whether he should face charges before a Military Commission, no one had given any indication as to what crime he had committed.