Former Guantanamo Detainee Bombed Iraqi Base

U.S. officials sent Abdallah Saleh Al-Ajmi from the Guantanamo Bay detention facility to Kuwait, where he was released. He later drove a truckload of explosives into an Iraqi army base.
The case further complicates the issue of what to do with detainees once Guantanamo closes.

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Europe Debates Asylum For Guantanamo Detainees

European leaders have welcomed President Barack Obama's decision to shut down the prison at Guantanamo Bay. But now they are being asked to offer asylum to some of the 245 detainees.
Secretary of State Hillary Clinton likely will raise the issue again when she meets her European colleagues in Brussels on Thursday.
It's going to be a hard sell — even after years of discussions on the subject between the U.S. and Europe.

If returned to their homelands, the detainees could face prison or torture. Europe is considering how they would be screened and which countries would take them — and under what conditions.
Simon Koschut of the German Council for Foreign Relations says the limited number of internal borders means there would have to be a general agreement.
"Any inmate that would come to a European country could travel from one country to another without being controlled by visa regulations, so we have to find a common European position," he says.
That's the rub. Spain, Portugal, France and Italy are willing to take some detainees. Britain says it has done its part by taking in 14. But in Germany, it's an election year and politicians are divided. Chancellor Angela Merkel's Christian Democratic Union is reluctant, while the Social Democrats are more flexible.
A high-level EU delegation will go to Washington soon for more detailed information from U.S. officials.
Koschut says the Europeans will want the U.S. to open up all detainee files.
"The Americans will have to explain what kind of risks these people pose, why they can't be allowed to enter [the] U.S., why they have to go to Europe, why they can't be sent back to their home countries — and the U.S. has to sort of give a, not a guarantee but almost a guarantee, that these people do not pose a threat anymore," he says.
Other questions nagging the Europeans include who would pay for resettlement and the detainees' medical care — and whether some of them would be prosecuted or imprisoned.
Italy's leading anti-terrorism magistrate, Armando Spataro, has already singled out some inmates.

"We know of at least three Guantanamo detainees who have arrest warrants pending here," he says. "I believe the United States could simply extradite them to Italy where they would be tried in our courts."
Resettlement of former inmates raises other questions — like whether their freedom of movement should be curtailed and whether they should be put under surveillance.
Tomas Valasek of the London-based Center for European Reform, says these are serious civil liberties issues.
"If a prisoner has been absolved of all crimes, what right do the governments have to keep monitoring him? Isn't this a softer form of what the U.S. did in Guantanamo — in other words, a perpetual banishment of sorts without due trial?" he says.
Human rights organizations say Europe has a moral duty to offer asylum to Guantanamo detainees because, they claim, some governments bear responsibility by having allegedly helped transport some suspects to the U.S. prison.
But Valasek says that, in the minds of the public, anyone detained at Guantanamo is seen as a potential terrorist.

"There is political reluctance to take prisoners, whether they are safe or not. It is not a particularly popular issue in terms of domestic politics. European publics will be reluctant to take anyone who has even cast of shadow of suspicion," he says.
For years, European governments harshly criticized the existence of Guantanamo. Its closure now poses new challenges for America's allies — in the realms of international law, security and domestic politics.


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US withdraws charges against USS Cole suspect

A Pentagon judge has withdrawn charges against a Saudi detainee at the Guantanamo Bay detention camp accused of taking part in the deadly October 2000 attack on the USS Cole in Yemen.
Judge Susan Crawford, the convening authority of military commissions, "has withdrawn the charges" against Abd al-Rahim al-Nashiri, Pentagon spokesman Geoff Morrell told AFP.
However Crawford "has withdrawn the charges without prejudice, meaning he can be charged again," said Jeffrey Gordon, another Pentagon spokesman.

Crawford's procedural move brings the case against Nashiri to a halt, at least temporarily, and falls in line with President Barack Obama's executive order shortly after taking office calling for a 120-day delay in proceedings against terror suspects at Guantanamo.
Nashiri's was the last Guantanamo detainee to be facing trial.
Army Colonel James Pohl, the chief judge at the Guantanamo Bay war crimes court, had rejected Obama's request to suspend Nashiri's trial.

The Saudi national was due to be arraigned on Monday, and the Pentagon prosecutor had sought the death penalty for him.
Born in Mecca, Nashiri, 43, was accused of conspiring to help two Islamic extremists who steered an explosives-laden barge alongside the US Navy destroyer Cole, which was docked at the port of Aden, Yemen. The attackers then detonated themselves and their load.
The October 12, 2000 attack killed 17 US sailors and wounded dozens of others. The blast punched a 12-meter (40-foot) hole in the ship's side.
Nashiri was arrested in 2002, and held in a secret CIA prison for almost four years before being transferred to the US naval base in Guantanamo Bay, Cuba.
The Defense Department charged that Nashiri rented apartments and houses near Aden to observe the port area, and purchased the boat used in the attack.
In February, former CIA director Michael Hayden confirmed that US interrogators had secretly waterboarded Nashiri and two other detainees while he was in the spy agency's custody.
According to defense lawyers, often the whole process begins again from zero in order to avoid using documents that could show the defendant had been subjected to harsh interrogations.
Before the Pentagon withdrew charges against Nashiri, the leading US rights group American Civil Liberties Union (ACLU) accused Defense Secretary Robert Gates of not backing the president's executive order to halt proceedings against terror suspects at Guantanamo.

"Despite President Obama's orders to close Guantanamo and halt proceedings, it appears this has not filtered down through the Department of Defense," said ACLU head Anthony Romero.
"One must question whether this is just the right hand not knowing what the left hand is doing, whether this is a revolt in the new Obama administration, or whether the new Secretary Gates is just like the old Secretary Gates."
Gates served as defense secretary under president George W. Bush and was retained in the post by Obama.

Last week Kirk Lippold, the commander of the USS Cole when it was attacked, condemned Obama's executive order.
Lippold, who backs Guantanamo trials and keeping alleged terrorists in the Cuba detention camp, argued that the US "shouldn't make policy decisions based on human rights and legal advocacy groups."
On Thursday he struck a more conciliatory tone, but remained critical of Nashiri's uncertain fate.
"The families have already been through enough. Don't put the families through even more of this agony," he urged.


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Guantanamo detainees tell of abuses

SAN JUAN, Puerto Rico (AP) — Detainees flinging body waste at guards. Guards interrupting detainees at prayer. Interrogators withholding medicine. Hostility and tension between inmates and their keepers at the Guantanamo Bay prison are evident in transcripts obtained by The Associated Press.

These rare detainee accounts of life inside the razor wire at the remote U.S. military base in Cuba emerged during Administrative Review Board hearings aimed at deciding whether prisoners suspected of links with the Taliban or al-Qaeda should continue to be held or be sent away from Guantanamo.
The Pentagon gave the AP transcripts of hearings held last year in a trailer at Guantanamo after the news agency sought the material under the Freedom of Information Act.
Amid the tensions, the transcripts also show a few relaxed encounters between detainees and their guards and interrogators.
The military has said Guantanamo is relatively calm compared to last year. But a report released by the detention center last month shows mass disturbances are up sharply over 2006 and forced removal of prisoners from cells and assaults with bodily fluids are on pace to match or exceed last year's total.

The transcripts, obtained by the AP on Friday, illustrate the friction.
A Yemeni detainee, Mohammed Ali Em al-Zarnuki, warned his panel of three U.S. military officers that inmates would attempt suicide unless guards stop interrupting prayers, moving detainees during prayer time and whistling and creating other distractions.
Four detainees have committed suicide at Guantanamo — three last year and one on May 30. Several other detainees have tried to kill themselves, including by overdosing on hoarded medicine.
"I want you to be aware of it because I don't want you to face a big problem," al-Zarnuki said. "The problem happened before. The detainees took medication before because of this. So if you do not put a stop to this, it is going to be worse than before."
The hearing's presiding officer assured the detainee he would pass the complaint on, but added: "We do not make the camp rules and we have nothing to do with the camp rules."
Commanders at Guantanamo had no comment Tuesday on the allegations. Guards have been trained to be sensitive about religious matters at Guantanamo, where wailing calls to prayer blare from loudspeakers while traffic cones are placed next to cells during prayer time, reminding guards not to interrupt.

In determining whether a detainee should remain at Guantanamo, the Administrative Review Boards consider whether he poses a security threat or has intelligence value. But detainees told the panels that lying to interrogators is common, calling into question the validity of the intelligence interrogators extract.
Some prisoners said their enemies inside the prison have lied to gain favor with interrogators or settle old scores.
One detainee bluntly informed his panel that he lies to interrogators and that others do as well.
"Why do you feel you have the right to lie to the interrogators?" a surprised panel member asked the detainee, Abdennour Sameur, an Algerian who was a resident of Britain.
"I was lying so that I can get my medical (treatment)," Sameur said. "Every interrogation that I have gone to I had to lie, because that was the only way I could get medical attention. ... They were giving me some kind of medical pills, but the interrogators stopped it. Every time they get a new interrogator the interrogator stops it."
Responding to questions from AP, military officers denied that detainees were deprived of medicine.
A Guantanamo spokesman, Army Lt. Col. Edward Bush, said no officials at Guantanamo had ever heard of a detainee being prevented from taking medicine.
Navy Capt. Bruce Menele, commander of the Joint Medical Group at Guantanamo, said that "interrogators have no authority over medical personnel administering medicine, or over any other aspect of detainee medical care."
"I would be highly disturbed and feel obligated to take significant actions if I discovered that this had ever occurred," Menele added.
Asked whether prayers are being interrupted and whether interrogators have withheld medicine, Bush said he was checking with appropriate commands at the base.
A letter signed by physicians and published Friday in the British medical journal Lancet compared the role of doctors at Guantanamo to the South African doctors involved in the case of anti-apartheid activist Steve Biko, who was beaten and tortured to death in 1977 in police custody.

The letter, signed by some 260 people from 16 countries — most of them doctors — accused the U.S. medical establishment of turning a blind eye to the role of military doctors at Guantanamo.
It did not allege doctors were involved in withholding any medicine from detainees, but took serious issue with the involvement of medical personnel in force-feeding hunger strikers at Guantanamo.
The detainees' accounts also described a few lighter moments in the prison, set on an arid bluff overlooking the Caribbean Sea.
"There was a time when the guards opened my cell by mistake and I joked with them by asking 'Can I help you?'" said Abdul Aziz Alsuwedy. "They laughed and apologized. The same guard thanked me later for not causing any problems."
Alsuwedy, whose account was contained in a statement sent to his Administrative Review Board, did not say whether the guards belonged to the Immediate Reaction Force that carries out forced cell extractions and suppresses disturbances.
Another detainee described how interrogators said he resembled Cuba Gooding Jr., and later brought him photos of the star because the detainee had never heard of the actor.
Several detainees said some guards and interrogators treat them with respect, while others do not.
"Who treats me good, I treat them good," said Sameur, the Algerian detainee. "Who treats me like a dog, I give them the same treatment."
Sameur then described what he did to guards he doesn't get along with: "I threw feces and I have spit on them."


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US Told to Give Data on Guantanamo Hunger Strikers

WASHINGTON - A federal judge on Wednesday ordered the U.S. government to provide medical records on Guantanamo prisoners who are being force-fed while on a hunger strike and to notify their lawyers about forced feedings. U.S. District Court Judge Gladys Kessler acted after lawyers representing about a dozen men held at the prison for foreign terrorism suspects at the U.S. naval base at Guantanamo Bay, Cuba, expressed urgent concern over their deteriorating health amid a hunger strike launched in early August.
Kessler stated in her opinion that the detainees' lawyers had presented "deeply troubling" allegations of forced feedings in which U.S. personnel violently shoved tubes as thick as a finger through the men's noses and into their stomachs without anesthesia or sedatives.
"If the allegations are true -- and they are all explicitly, specifically and vigorously denied by the government -- they describe conduct of which the United States can hardly be proud," the judge wrote.
Julia Tarver, a lawyer for the detainees, had told the court she learned during a visit to the base several weeks ago of force-feedings that caused prisoners to vomit blood. Tarver wrote, "When they vomited up blood, the soldiers mocked and cursed at them, and taunted them with statements like 'look what your religion has brought you.'"
Tarver told the court that prison guards took a feeding tube from one detainee, "and with no sanitization whatsoever, reinserted it into the nose of a different detainee."
The judge noted that the prison's commander stated the facility was operated "in a humane manner," and the head of the hospital there said that only doctors and nurses inserted feeding tubes.

LACK OF LEGAL RIGHTS
Their lawyers say the detainees are staging the hunger strike to protest their conditions and lack of legal rights. The lawyers accused the government of keeping them in the dark about their clients' medical condition.
The Pentagon said 26 of the roughly 505 prisoners currently were on hunger strike, with 23 of them hospitalized.
The New York-based Center for Constitutional Rights has estimated that about 210 were participating in the hunger strike. Detainee lawyers accused the government of deliberately under-stating the strike's scope.
The judge ordered the government to provide notice to the prisoners' lawyers within 24 hours of the beginning of force-feeding. Kessler also ordered the government to provide lawyers medical records for their clients spanning the week before a forced feeding, and provide these records at least weekly until force-feeding ends.
The judge denied the lawyers' request for immediate telephone access to their clients.
"The order is being reviewed," said Lt. Col. Mark Ballesteros, a Pentagon spokesman on detainee issues. He declined to comment on whether the government would appeal it.
Kessler's order affected a group of prisoners from Qatar, Saudi Arabia, Yemen and Afghanistan. Lawyers for detainees expressed hope the government would provide the same notification and data to lawyers for other hunger strikers.
The hunger strike is the latest flash point between the government and human rights groups over the camp, which activists call a blight on the U.S. human rights record.
Many Guantanamo prisoners have been there for more than 3-1/2 years, and just four have been charged with crimes. Rights activists have denounced these indefinite detentions and treatment they say amounts to torture. Most detainees were picked up in Afghanistan after a U.S. invasion in 2001 to oust the Taliban government and dislodge al Qaeda bases.


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