Sami al-Haj, an Al Jazeera cameraman, was beaten, abused and humiliated in the name of the war on terror. He tells about his struggle to rebuild a shattered life.
Sami al-Haj walks with pain on his steel crutch; almost six years in the nightmare of Guantanamo have taken their toll on the Al Jazeera journalist and, now in the safety of a hotel in the small Norwegian town of Lillehammer, he is a figure of both dignity and shame. The Americans told him they were sorry when they eventually freed him this year – after the beatings he says he suffered, and the force-feeding, the humiliations and interrogations by British, American and Canadian intelligence officers – and now he hopes one day he'll be able to walk without his stick.
The TV cameraman, 38, was never charged with any crime, nor was he put on trial; his testimony makes it clear that he was held in three prisons for six-and-a-half years – repeatedly beaten and force-fed – not because he was a suspected "terrorist" but because he refused to become an American spy. From the moment Sami al-Haj arrived at Guantanamo, flown there from the brutal US prison camp at Kandahar, his captors demanded that he work for them. The cruelty visited upon him – constantly interrupted by American admissions of his innocence – seemed designed to turnal-Haj into a US intelligence "asset".
"We know you are innocent, you are here by mistake," he says he was told in more than 200 interrogations. "All they wanted was for me to be a spy for them. They said they would give me US citizenship, that my wife and child could live in America, that they would protect me. But I said: 'I will not do this – first of all because I'm a journalist and this is not my job and because I fear for myself and my family. In war, I can be wounded and I can die or survive. But if I work with you, al-Qa'ida will eliminate me. And if I don't work with you, you will kill me'."
The grotesque saga began for al-Haj on 15 December, 2001, when he was on his way from the Pakistani capital Islamabad to Kandahar in Afghanistan with Sadah al-Haq, a fellow correspondent from the Arab satellite TV channel, to cover the new regional government. At least 70 other journalists were on their way through the Pakistani border post at Chaman, but an officer stopped al-Haj. "He told me there was a paper from the Pakistani intelligence service for my arrest. My name was misspelled, my passport number was incorrect, it said I was born in 1964 – the right date is 1969. I said I had renewed my visa in Islamabad and asked why, if I was wanted, they had not arrested me there?"
Legal status
In April 2004, Cuban diplomats tabled a United Nations resolution calling for a UN investigation of Guantanamo Bay (reference here).
In May 2007, Martin Scheinin, a United Nations rapporteur on rights in countering terrorism, released a preliminary report for the United Nations Human Rights Council. The report stated the United States violated international law, particularly the International Covenant on Civil and Political Rights, that the Bush Administration could not try such prisoners as enemy combatants in a military tribunal and could not deny them access to the evidence used against them (Judge Says Detainees' Trials Are Unlawful). However, on July 15, 2005, the D.C. Circuit Court of Appeals in overturning Robertson ruled that al-Qaeda members could not be classified as prisoners of war and upheld military tribunals in U.S. Naval Station Guantanamo Bay for al-Qaeda members. This ruling does not necessarily authorize all military tribunals as the case only dealt with the POW status of al-Qaeda members.
Prisoners held at Camp Delta and Camp Echo have been labeled "illegal" or "unlawful enemy combatants," but several observers such as the Center for Constitutional Rights and Human Rights Watch maintain that the United States has not held the Article 5 tribunals required by the Geneva Conventions (U.S. Officials Misstate Geneva Convention Requirements). The International Committee of the Red Cross has stated that, "Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, [or] a member of the medical personnel of the armed forces who is covered by the First Convention. There is no intermediate status; nobody in enemy hands can fall outside the law." Thus, if the detainees are not classified as prisoners of war, this would still grant them the rights of the Fourth Geneva Convention as opposed to the more common Third Geneva Convention which deals exclusively with prisoners of war. A U.S. court has rejected this argument, as it applies to detainees from al Qaeda. Henry King, Jr., a prosecutor for the Nuremberg Trials, has argued that the type of tribunals at Guantanamo Bay "violates the Nuremberg principles" and that they are against "the spirit of the Geneva Conventions of 1949."
Many supporters have argued for the summary execution of all unlawful combatants, using Ex parte Quirin as the precedent, a case during World War II which upheld the use of military tribunals for eight German soldiers caught on U.S. soil. The Germans were deemed to be saboteurs and unlawful combatants, and thus not entitled to POW protections, and six were eventually executed for war crimes on request of the President of the United States, Franklin D. Roosevelt. The validity of this case, as basis for denying prisoners in the War on Terrorism protection by the Geneva Conventions, has been disputed.
A report by the American Bar Association commenting on this case, states that the Quirin case "...does not stand for the proposition that detainees may be held incommunicado and denied access to counsel." The report notes that the Quirin defendants could seek review and were represented by counsel (reference here, a pdf file).
On June 12, 2008 the United States Supreme Court ruled in Boumediene v. Bush that the Guantanamo captives were entitled to the protection of the United States Constitution (High Court: Gitmo detainees have rights in court).
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