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Four Britons released from Guantanamo
Lawyer charges savage torture at hands of US
By Niall Green
21 January 2005
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After being held for almost three years in the US military
prison at Guantanamo Bay, Cuba, four United Kingdom citizens are
to be released. Foreign Secretary Jack Straw announced that Moazzam
Begg, from Birmingham, and Martin Mubanga, Richard Belmar and
Feroz Abbasi, all from London, would return to Britain within
weeks.
All the men were held without charge and only gained access
to legal counsel in the last two months. Clive Stafford-Smith,
the lawyer for Moazzam Begg and Richard Belmar, has claimed his
clients witnessed and were subjected to brutal mistreatment, including
physical, psychological and sexual abuse. In a letter to Prime
Minister Tony Blair, he stated that while visiting Guantanamo
he found credible and consistent evidence that both men
have been savagely tortured at the hands of the United States.
These allegations are supported by evidence of torture recently
obtained by the American Civil Liberties Union, which obtained
through a freedom of information filing thousands
of pieces of official correspondence referring to prisoner abuse,
including internal FBI and Department of Defence memos and e-mails.
According to some of these documents, there was systematic
abuse, including beatings, choking, sleep deprivation and religious
humiliation.
On a couple of occasions I entered interview rooms to
find a detainee chained hand and foot in a foetal position to
the floor, with no chair, food or water, wrote an un-named
FBI agent. Most times they had urinated or defecated on
themselves, and had been left there for 18 to 24 hours or more.
Stafford-Smith has drawn up a 30-page report on the torture
regime endured by his clients. This report has, however, been
banned from publication by the Bush administration, which claims
it contains details of classified interrogation techniques.
Were Stafford-Smith to release this document, he could face prosecution
and imprisonment should he ever visit the United States.
Colluding in Washingtons attempts to silence any honest
reportage of conditions in the Guantanamo prison camp, the British
government has made plain that it intends to detain the four released
men immediately upon their return and subject them to monitoring
by the police and secret service. Addressing the House of Commons,
Straw said, Once they are back in the UK, the police will
consider whether to arrest them under the Terrorism Act 2000 for
questioning in connection with possible terrorist activity....
I should like to assure the House that every practical step will
be taken by the relevant UK authorities to maintain national security
and to protect public safety.
A US Pentagon spokesman said, The governments of the
United Kingdom and Australia [whose citizen Mamdouh Habib was
also released] have accepted responsibility for these individuals
and will work to prevent them from engaging in or otherwise supporting
terrorist activities in the future.
The UK and Australian governments have made a number
of security assurances to the US government in this regard that
was important to the transfer decision.... These detainees are
enemy combatants who had been detained by the United States in
accordance with the laws of war and US law.
Given that three years of brutal US incarceration could not
turn up any case against any of the men, Straws promise
to further subject them to interrogations and police intrusions
can only be understood as an attempt to discredit, intimidate
and silence them. The Labour government is attempting to avoid
the embarrassment caused to it and to its American ally following
the release of five British Guantanamo detainees in March of last
year. Three of these men, Shafiq Rasul, Asif Iqbal and Rhuhel
Ahmed, made widely publicised allegations of torture at the hands
of US guards and intelligence officers.
Their 115-page report Detention in Afghanistan and Guantanamo
listed starvation, beatings, humiliation, forced injections of
unknown drugs, and exposure to extremes of heat and cold, among
other flagrant breaches of international and US domestic law.
The case of Moazzam Begg provides a stark example of the travesty
of international law that exists at Guantanamo and in the US-led
war on terror. The father of three, who had moved
to Afghanistan with his pregnant wife, was working in Kabul as
a teacher and water supply worker when the 9/11 attacks took place.
After moving to Pakistan on the outbreak of the US-led invasion,
he was arrested by Pakistani security forces. While he was detained
by US forces at Bagram Air Base outside Kabul, a false written
confession was extracted from him after he had been tortured and
witnessed the deaths of two prisoners, later officially classified
as homicides. Based on this confession, he was sent to Guantanamo.
Neither he nor his counsel has been allowed to see this statement.
Stafford-Smith posed the question: What kind of civilised
legal system does not allow the suspect to see his own statements?
How can the prisoners statement be said to be classified
information when, if it were true, the prisoner would already
know it?
The Blair government is concerned that the full extent of British
collusion with US torture will be further exposed should the released
men pursue the matter. In a letter to the Foreign Office, Stafford-Smith
made the claim that Begg and Richard Belmar were both questioned
by an officer of MI5, Britains secret security service,
while they were being abused by Americans in both Afghanistan
and Guantanamo. The security officer, who identified himself as
Andrew, pressured the men to confess so they could return to their
homes, and flatly refused their requests to see a British diplomatic
representative.
Five former British residents remain held at Guantanamo, along
with around 550 other prisoners from 20 other countries. The UK
government has washed its hands of them, claiming that, as they
do not have citizenship, it has no responsibilities towards them.
One of the five, Basher al-Rawi, an Iraqi-born man educated
in England, currently faces deportation to Iraq, where he would
likely be incarcerated in the US-run Abu Ghraib prison outside
Baghdad. His Washington-based lawyer, Brent Mickum, stated that
he had made efforts to secure British government backing to free
his client, only to be met with silence.
Mickum has suggested that official Bush administration policy
towards problem Guantanamo detaineesthose whose
cases might be brought for review successfully before US courtswas
to render them to their countries of origin. I think people
like Karl Rove [chief domestic policy adviser at the White House]
have decided that this issue is hurting the administration and
they want this to go away, said Mickum. They may also
be circling the wagons to prevent any adverse legal ruling that
would affect the ability of the government to place people at
these ghost locations, he added.
See Also:
US releases Mamdouh Habib and four British
prisoners from Guantánamo Bay
[14 January 2005]
British Guantanamo
victims sue Rumsfeld for authorising torture
[25 November 2004]
Former detainees detail
abuses at Guantanamo Bay
[25 August 2004]
Britons release devastating
account of torture and abuse by US forces at Guantanamo
[6 August 2004]
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