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Families come to US to demand release of Guantanamo detainees
By Jamie Chapman
15 March 2004
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A delegation of family members of European citizens being held
in the American prison camp at Guantanamo Bay, Cuba, traveled
to the United States this week to publicize the detainees
plight. Most of the approximately 650 captives have been held
virtually incommunicado for two years or more, with no charges
laid against them and no access to attorneys.
The relatives were accompanied by supporters, including prominent
artists, who organized press conferences, including one following
a march to the steps of the US Supreme Court in Washington DC,
which is due to hear arguments on the legality of the Guantanamo
detentions next month. They also conducted private visits with
government officials and members of Congress, and held a public
meeting on March 10 in New York City.
The US tour was organized by the recently founded Guantanamo
Human Rights Commission (GHRC), based in Britain, with the co-sponsorship
of the American Civil Liberties Union, the National Council of
Churches, Amnesty International, and the Center for Constitutional
Rights (CCR), which filed the case now before the Supreme Court.
Azmat Begg, father of British prisoner Moazzam Begg, delivered
a letter to the White House about his son, stating, He has
[been] held captive for more than two years. In all this time,
he has never been charged and tried. I do not ask for mercy, I
ask for justice. Before mercy comes justice, and my son has been
denied justice.
The 36-year-old Moazzam was living with his wife and three
children in Pakistan at the end of 2001 when he was rousted out
of bed in the middle of the night, was forced into the trunk of
a car and taken to a US detention center. He was later transferred
to the notorious Bagram Air Base in Afghanistan and ultimately
sent to Guantanamo.
The elder Begg, a retired bank manager from Birmingham, England,
told the New York meeting that he considered Moazzam the best
of his five sons, because he was always seeking to help people
in distress. He had gone to Afghanistan in June 2001, where he
was helping to set up schools and drill water wells in remote
villages. Presumably the US attack drove him across the border
into Pakistan.
Azmat Begg said, My son was not taken from the battlefield.
Two Americans and two Pakistanis burst into his home and put him
in the trunk of their car. His oldest daughter was eight. She
understood something of what was going on, but the two younger
ones were just terrified. Somehow Moazzam made a telephone call
to me from the boot of the car. He said, I didnt do
anything wrong. Dont worry about me. But he asked
me to protect his wife and children.
Azmat Begg told of receiving heavily censored letters sent
from his son at Guantanamo, reporting that he had gone an entire
year except for two weeks without seeing any natural lightnot
even the moon. Another letter stated, I do not know what
crime I am supposed to have committed. As a result, I am in a
state of desperation and beginning to lose the fight against depression
and hopelessness.
The conditions of confinement in Guantanamo are designed to
break the spirit of the prisoners, which is aimed at producing
false confessions and guilty pleas. Azmat Begg and the other relatives
are not asking for the unconditional release of their loved ones,
but that they be returned to their home countries where, if there
is evidence they have committed any crime, it can be heard in
a proper court of law.
British Home Secretary David Blunkett scheduled a Washington
visit at the same time as the GHRC tour. After the British government
reached an agreement with the US that led to this weeks
release of five British detainees, Blunkett claimed he would press
for a fair deal for the four remaining UK citizens
in Guantanamo. Before leaving, however, he told reporters that,
rather than returning the prisoners to the UK for any trial, the
evidence could best be tested in the US courts in a way
that it is very hard for us to do because of the way
evidence was collected. He was apparently referring to the
illegal interrogations and lack of legal representation for over
two years for those accused, which would make trials in Britain
all but impossible.
The Blair government has been under considerable pressure to
explain why it has been able to do so little to ensure due process
for its citizens in Guantanamo Bay, even though its position as
the most important US ally was supposed to give Britain special
weight in its dealings with Washington. Moazzam Begg remains in
Guantanamo, being one of the few singled out for trial by military
tribunal, whose rules make it a kangaroo court.
Michael Ratner, president of the CCR, told the New York meeting
that the timing of the release of the five British nationals served
to divert attention from what the Guantanamo Human Rights
Commission is doing here. He explained, Whats
happening in Guantanamo Bay is the first offshore concentration
camp. The US is operating in an utterly lawless fashion, like
a monarchy. For two and a half years, the prisoners have no lawyers
and no family contact. This is our Devils Island. They think
they can do anything they want.
Ratner pointed to other locations, such as Bagram Air Base
in Afghanistan and US bases on the Indian Ocean island of Diego
Garcia, where an unknown number of additional prisoners were being
held incommunicado. He compared it to the disappearances carried
out under General Augusto Pinochet in Chile. Its torturing
the families, he said.
Also participating on the US tour was Rabiye Kurnaz, whose
23-year-old son Murat (who was born in Germany but is a Turkish
citizen due to the reactionary German laws of citizenship), has
been imprisoned in Guantanamo Bay. She has heard nothing of her
son since receiving a postcard two years ago. Its
very hard for me to stand this situation, she said.
Her family attorney Bernhard Docke spoke at the New York meeting:
Everything is surreal. I dont know my client. I cannot
write, visit or contact him. Will it end tomorrow, or last a lifetime?
This is like defending a phantom. Docke continued, German
prosecutors say, You cant determine guilt without
a fair trial. It is below the dignity of the United States,
founded on the rule of law, to keep foreigners locked away in
limbo. If there is any evidence, dont you trust your courts?
If there isnt any evidence, why not let them go?
The third relative participating on the tour was Aymen Sassi,
a student from a suburb of the French city of Lyons. His older
brother Nizar, 23, has been held captive by the Americans for
27 months. Thats the length of time I havent
seen my brother, said Aymen. He was taking his parents
place on the tour, since they were too ill to travel. My
father, his whole world collapsed when he heard the news
about Nizar being arrested, he said.
The French lawyer retained by the Sassi family, Jacques Dupres,
also spoke about the difficulties trying to represent the Guantanamo
detainees: We dont know why they are there. We dont
know when they were arrested or why. We cannot talk to them. I
dont know what I am supposed to do for them. The only rights
we have here is to have no rights. The powers have decided that
might makes right.
In an earlier interview on the Australian Broadcasting Corporations
The World Today, Dupres condemned the French government
for being quite indifferent about whats happened in
Guantanamo.
The Bush administration has given a cold shoulder to the pleas
of the Guantanamo relatives. National Security Council spokesman
Scott McCormack said Monday about the detainees: Theyve
been designated as enemy combatants and are being treated consistent
with international conventions and in a humane way. In fact,
the category enemy combatant, which has no definition
in international law, was invented by the Bush administration
in order to circumvent the established norms of the Geneva Conventions
and other treaties.
Even the minimal demand of the parents to see their children
has fallen on deaf ears.
See Also:
Britain: Detainees returning from Guantanamo
face arrest and surveillance
[10 March 2004]
US military lawyer denounces
Guantanamo Bay trials
[30 January 2004]
Friend of court
applications denounce Guantanamo Bay detentions as illegal
[19 January 2004]
Guantanamo Bay, habeas corpus
and the Texan who would be king: Some legal observations
[5 January 2004]
Australian detainee
at Guantanamo Bay pressured to plead guilty
[30 December 2003]
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