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Lawyers acting for British
detainees at the US military base at Guantanamo Bay in Cuba yesterday
stepped up pressure for
their release and attacked Donald Rumsfeld, the US defence secretary, for
saying that they could be
repatriated only on condition that they were prosecuted here.
Gareth Peirce, who is acting
for the families of Shafiq Rasul and Asif Iqbal, both from Tipton in the
West
Midlands, accused Mr Rumsfeld
of "horsetrading with human beings".
She said the prisoners were
being unlawfully detained and there was growing evidence that they had
been interrogated in a vulnerable
and distressed state. Mr Rasul's family had received a letter saying he
had lost three stone in
weight. Foreign Office consular officials agreed at a meeting in London
last week
that he was "very thin",
she said.
The FO admitted that it did
not know on what basis five British prisoners were being held at Camp X-Ray
in Cuba, Ms Peirce said.
It also did not know in what circumstances they had been captured in
Afghanistan.
Mr Rumsfeld told the Daily
Telegraph that he would send the prisoners back provided they were dealt
with by the British courts
rather than "simply turning them loose, putting them back out on the streets
and having them go get more
aeroplanes and flying into the Pentagon and the World Trade Centre
again".
The US would demand "a chance to go back and interrogate" them, Mr Rumsfeld added.
Other detainees kept at the base could be tried by military commissions. Asked whether they would face the death penalty, Mr Rumsfeld replied: "Oh, sure."
The US describes the detainees as "unlawful combatants", not prisoners of war. According to the Geneva conventions, in cases of doubt the status of detainees should be decided by an independent tribunal.
It emerged yesterday that the first letter home from a Briton held in Camp X-Ray was marked "prisoner of war mail".
Feroz Abbasi's brief message
of reassurance sent to his mother in Croydon, south London, was a
surprise, said London-based
lawyers acting on his behalf.
Solicitor Louise Christian
said: "This is very important, because if they are being recognised as
prisoners
of war they should be released
immediately, as hostilities have now ceased."
The 22-year-old's handwritten
letter, the first from a Briton held in high security at Guantanamo Bay,
arrived on Thursday. Today,
his mother, Zumrati Juma, is to make a public statement demanding that
lawyers and medical experts
be allowed immediate access to prisoners at Camp X-Ray. Her appeal is
backed by the Law Society.
· The British-born
chief suspect in the kidnap and murder of reporter Daniel Pearl could go
on trial in front
of an American military
tribunal, Mr Rumsfeld said yesterday. Ahmed Omar Saeed Sheikh has
confessed to playing a part
in the kidnapping of the 38-year-old Wall Street Journal reporter, whose
murder was confirmed last
week.
Mr Rumsfeld said Mr Saeed,
who is from Wanstead, east London, and dropped out of the London School
of Economics before becoming
an Islamic militant in Pakistan, met all the criteria for going on trial
in
front of an American military
tribunal. The American Department of Justice is reportedly moving to
extradite Mr Saeed from
Pakistan.
Mr Rumsfeld told NBC's Meet
the Press programme: "He certainly is someone that has committed a
crime against an American
and would be someone that I assume that our law enforcement people would
extradite."
Police in Afghanistan revealed
that they are searching for three Arab nationals believed to have played
a
part in the kidnapping and
murder.
Taliban suspect's mother makes
legal plea for son
Story filed: 03:43 Monday 25th February 2002
The mother of a British Taliban suspect held in Camp X-Ray is
demanding immediate legal representation for her son.
Nurse Zumrati Juma also called for independent medical
experts to have access to Feroz Abbasi and other inmates at
the Guantanamo Bay prison.
The Law Society is backing her call, which was being made at
the group's central London headquarters.
"We are losing patience with the efforts of British diplomats on
behalf of the captives and want more urgent action to be taken,"
said a spokesman for the society.
The call comes after Ms Juma received a letter from her
22-year-old son on an official US military document marked
"prisoner of war mail", despite the American government's
insistence that the Camp X-Ray captives are unlawful
combatants.
The brief message of reassurance sent to Ms Juma, of
Croydon, south London, was a "surprise", say lawyers acting
on his behalf.
Solicitor Louise Christian says it suggested the military were
treating him as a POW despite the US government's claims
that the detainees were denied this status.
"This is very important, because if they are being recognised as
prisoners of war they should be released immediately as
hostilities have now ceased."
The handwritten letter arrived on Thursday. It read: "Dear
Family, I am putting my trust in Allah that he has been keeping
you all healthy and well. I am fine and love you all very much.
Please do not worry about me. Feroz."
Four other Britons are being held by the US at the Guantanamo
Bay Naval Base. They are named as Jamal Udeen, 35, from
Manchester, and Ruhal Ahmed, 20, Shafiq Rasul, 24, and Asif
Iqbal, 20, all from Tipton in the West Midlands.
GUANTANAMO BAY NAVAL BASE,
Cuba (AP) - Red Cross workers visited the
fortified camp where the U.S. military is
holding al-Qaida and Taliban prisoners,
questioning them about their treatment in the
first such inspection by independent experts.
While the four-member team from the
International Committee of the Red Cross
met with prisoners Friday, human rights
groups insisted the inmates should be
classified as prisoners
of war to give them greater legal protection.
The delegation includes
a physician, an expert on prison conditions and
a linguist who speaks
several languages, including Arabic. They met
with military officials
before visiting the prisoners' compound.
``We look forward to
a cooperative relationship with them,'' said
Marine Maj. Steve
Cox, spokesman for a task force overseeing the
detention camp.
The team arrived Thursday
for what was expected to be a weeklong
visit at this U.S.
base in eastern Cuba. Cox said the ICRC ``will
maintain a presence
here for the duration of the operation,'' perhaps
rotating in other
observers.
Interviews were to
be voluntary and include questions about the
prisoners' health,
detention conditions and treatment. It was unclear
how many detainees
were questioned Friday.
Human rights advocates
have complained the prisoners are kept in
inhumane conditions
- such as cells they consider too small - and are
pressing the U.S.
government to classify the captives as prisoners of
war, which would invoke
specific protections under the Geneva
Conventions.
``The question of legal
status is not just an academic question, it is a
question of life and
death,'' said Avner Gidrone, senior policy adviser
for Amnesty International.
``If the intention is for the United States to
try these prisoners
through a military commission, it would almost
certainly carry the
death penalty, would not meet international
standards and would
violate standards of due process.''
The London-based group
says the camp's open-air, chain-link cells -
8-by-8 feet - are
too small.
Britain's Foreign Office
said Friday a small team of British diplomats
was visiting detainees
who claim to be British. A spokesman said the
delegation was checking
their treatment and assisting U.S. authorities
``with legal inquiries
into the terrorist atrocities.''
Officials have said
three people claiming to be British are among the
detainees. British
Prime Minister Tony Blair (news - web sites) has said
the prisoners are
``very dangerous people,'' but insisted they must be
treated in accordance
with the Geneva Conventions.
As Canadian troops
deploy alongside U.S. forces in Afghanistan (news
- web sites), Canada's
deputy prime minister said Saturday that the
United States should
treat al-Qaida and Taliban prisoners humanely.
``Of course, prisoners
need to be treated in accordance with humane
norms and international
law. And we expect the United States will do
so,'' John Manley
said in Islamabad, Pakistan.
The temporary camp,
which now holds 110 detainees, will soon be
able to hold 320,
or more if they are housed two to a cell. Workers
also are building
a permanent prison for up to 2,000.
Nathalie de Watteville,
deputy head of the ICRC in Washington, said
the team's findings
would be shared with U.S. officials, but would likely
remain confidential.
The United States,
which maintains the prisoners are being treated
humanely, reserves
the right to try them on its own terms and is not
calling them prisoners
of war.
Under the Geneva Conventions,
POWs must be tried by the same
courts and under the
same procedures as U.S. soldiers. Under that
status, prisoners
would be tried for war crimes through courts-martial
or civilian courts
but not by military tribunals.
U.S. officials say
no interrogations have begun, and it is unclear
whether prisoners
will be allowed legal advice should that occur.
The prisoners, their
hair and beards shaved off, spend their days eating,
praying and sometimes
walking with guards inside the camp,
surrounded by three
fences topped by razor wire.
``They're being treated
really good,'' said Spc. Adrion Christoper, a
medic at the camp
from Salisbury, Md. ``A lot of times, these guys eat
before we do.''
The United States is
still holding more than 300 prisoners in
Afghanistan, at the
Marine base at Kandahar airport, and a few others
elsewhere.
U.S. troops seized
Guantanamo Bay in 1898 during the
Spanish-American War
and have remained ever since despite
opposition from the
Cuban government. Cuba, however, has not
opposed holding the
prisoners on its soil.
On the Net: http://www.nsgtmo.navy.mil
Amnesty International: http://www.amnesty.org
Geneva Convention: http://www.unhchr.ch/html/menu3/b/91.htm
MIAMI (Reuters) - International
Red Cross monitors hope to interview each Taliban
and al Qaeda prisoner
sent from Afghanistan (news - web sites) to the U.S.
Navy (news - web sites)
base in Guantanamo Bay, Cuba, to ensure
they are treated humanely,
an agency official said on Friday.
A four-person team
from the International Committee of the Red Cross
arrived at the isolated
base on the eastern tip of Cuba late on Thursday
to inspect the prison
camp and conduct intensive interviews expected to
last into next week.
Human rights groups
accused Washington of treating the prisoners
inhumanely after they
were brought shackled and blindfolded from
Afghanistan aboard
military transport planes.
The first detainees
landed a week ago, and with the arrival of a fourth
group on Thursday
there were 110 prisoners at the camp by Friday,
when the ICRC team
started work.
``The program will
last for as long as there are people detained,'' Kim
Gordon-Bates, an ICRC
spokesman in Washington, told Reuters. ``As
long as there are
people detained we will do our jobs.''
The prisoners were
captured during the U.S.-led war in Afghanistan that
ousted the Taliban
rulers accused of protecting Osama bin Laden (news
- web sites) and the
al Qaeda network. Washington accuses bin Laden
of masterminding the
Sept. 11 attacks on the United States that killed
more than 3,000 people.
PERMANENT FACILITIES TO BE BUILT
The prisoners are being
locked in cage-like cells measuring 6-foot by
8-foot, with roofs
and floors but open chain-link walls, until permanent
holding facilities
are completed at the camp.
The United States has
denied the detainees prisoner-of-war status,
which would grant
them certain rights under the Geneva Convention.
But Defense Secretary
Donald Rumsfeld said they were being treated
humanely and held
``in an environment that is a lot more hospitable than
the environments we
found them in.''
Both the ICRC and United
Nations (news - web sites) human rights
chief Mary Robinson
have said they consider the captives to be
prisoners of war.
The Red Cross team
will inspect the cells, meet with the camp
commander and assess
the meals and medical care.
``We'll be looking
at the food, the calorie content, the quality, the
cultural conditions,''
Gordon-Bates said. ``We will be looking at
everything.''
``We have to talk individually
with each detainee, if of course the person
wishes,'' he added.
The interviews will
take about an hour each, longer if there are
translation problems.
With 110 prisoners at the camp, the current visit
will last ``well into
next week,'' and other Red Cross teams will visit the
camp as needed, he
said.
Gordon-Bates said no
restrictions had been placed on the Read Cross
team, other than routine
security precautions.
MAIL DELIVERY
The team also will
offer to deliver mail and messages for prisoners who
want to communicate
with close relatives, Gordon-Bates said.
A spokesman for the
U.S. military's Southern Command in Miami,
which runs the operation,
said the captives are allowed to write letters,
presumably screened
for security reasons.
They are given paper
and pencils but must return the pencils when they
finish writing ``to
keep the pencils from being used as weapons,'' said
Capt. Tom Crosson,
a Southern Command spokesman.
U.S. officials consider
the prisoners dangerous and possibly suicidal,
and said some had
made clear after reaching Guantanamo that they still
``want to hurt and
kill Americans.''
The ICRC will keep
its findings confidential but will report its findings to
U.S. authorities.
A team of British officials
also arrived at the prison camp late on
Thursday to visit
three detainees who claim British citizenship.
Prime Minister Tony
Blair (news - web sites)'s official spokesman said the delegation would
``help the
process of identification,
report on the welfare of the British detainees and help U.S. authorities
with
their legal inquiries.''
Neither U.S. nor British
officials have released the names of the British prisoners or said where
they
came from. The Australian
government also has confirmed that an Australian is among the prisoners.
Blair, Washington's staunchest ally in its Afghan campaign, has dismissed all criticism of the handling of the prisoners.
``The United States
... has repeatedly said that they will treat these prisoners humanely,''
Blair's
spokesman said.
Meanwhile, in Washington
a senior official said the U.S. military planned to quickly move six Algerians
who had been detained
in Bosnia since last October to the Guantanamo base.
The U.S. Embassy in
Sarajevo said earlier that Bosnian authorities had handed over to U.S.
custody
the six, who were
detained on suspicion of involvement in terrorism.
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