Feroz Abbasi

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Feroz Abbasi was one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. He was released from detention on 25 January 2005 along with Moazzam Begg, Martin Mubanga and Richard Belmar, the other five having previously been released.

1 Background
2 Allegations and internment
3 Release
4 Transcripts from hearing
5 Press Reports
6 References

[edit] Background

Feroz Abbasi, 24, was born in Uganda and moved to Britain with his mother, nurse Zumrati Juma, and family when he was eight. They lived in Croydon, South London and Abbasi attended Edenham High School in Shirley, Croydon, gaining good GCSE grades. He is said to have been a well behaved and conscientious school pupil, interested in roller blading and Michael Jackson. He took his A-levels at John Ruskin College (1996-1998) and enrolled in a two-year computing course at Nescot College in Epsom, which he apparently did not finish to go travelling.

Abbasi was brought up a Muslim but had stopped attending his local mosque when he was twelve. His interest in Islam was apparently rekindled after he was mugged at 19 on his first trip abroad to Geneva and then met a Kashmiri refugee there. He began to frequent the moderate local mosque in Croydon. He then became more fervent, becoming involved with and in spring 2000 moving into the radical Finsbury Park mosque, where he helped set up a website for a militant Islamic group. Because his half-brother and half-sister had a Christian father, he stopped talking to the family and eventually disappeared altogether. The family last saw him in 2000, as he was preparing to leave for Afghanistan. Nothing more was known until Abbasi was reportedly detained in December 2001, in Kunduz in the north of the country.

[edit] Allegations and internment

Combatant Status Review Tribunals were held in a small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.

It is alleged that Abbasi attended four separate al-Qaeda training courses from January to August 2001 at the Al Farouq training camp, near Kandahar, and also at nearby camp, Ubaida. He was taught urban warfare, assassination techniques, intelligence collection and surveillance. They allege that he volunteered to participate in suicide operations and met Osama bin Laden three times. It is said that he fought alongside al-Qaeda and the Taliban against US and coalition forces in Afghanistan. When he was captured by the Afghan Northern Alliance, they claim he had hand grenades strapped to his legs and was carrying a military radio. He was handed over to US forces then taken to Guantanamo Bay.

His mother and his lawyers argue that Abbasi is one of a small group of idealistic young Muslim men who found themselves caught in the wrong place at the wrong time. She has said she is worried for his mental welfare and, by his release, had not heard from him since late-2003. British officials last saw him in April 2003, although he kept silent for an hour.

In November 2002 the British Court of Appeal said it found his detention in Cuba "legally objectionable", but stopped short of forcing the government to intervene on his behalf. The US Government announced that Abbasi would be one of the prisoners facing a military tribunal, although it was announced that he would not face the death penalty if convicted.^[1] It was reported in mid-November 2004 that the Britons in Guantanamo Bay "expect to face charges within six weeks".^[2] However no charges appeared to have been laid.

On 28 January 2005, after Abbasi's release, the US authorities released to the BBC further details of their allegations and a statement allegedly written by Abbasi in the form of a handwritten autobiography whilst in detention. He describes his anguish and low self-esteem before he left England. He outlines how a jihad group works and describes his training and use of weapons. However, Abbasi's lawyer has confirmed that he claims to have been tortured and it is generally felt that the statement could not be used in a British court as evidence.

[edit] Release

Abbasi's detention had given rise to a campaign by his mother, his MP Geraint Davies and human rights lawyers and organisations against the internment and military tribunal process. They also called on the British government to put greater pressure on their US counterparts to improve the tribunal process, detention conditions and access for the family and lawyers. It appears that the British government did use their influence, reportedly leading to a slight rift between the two countries.

On Monday 11 January 2005, the British Foreign Secretary, Jack Straw announced that the four Britons in Guantanamo Bay: Moazzam Begg, Martin Mubanga, Richard Belmar and Feroz Abbasi, will be returned to Britain "within weeks" after "intensive and complex discussions" with the US government. Although they are still regarded as "enemy combatants" by the US government, no specific charges have been brought against any of them.

On Tuesday 25 January 2005, Abbasi, along with the three other British citizens, was flown back to the United Kingdom by an RAF aircraft. On arrival they were arrested by officers from the Metropolitan Police and taken to Paddington Green police station for questioning under the Terrorism Act 2000. By 9pm on Wednesday 26 January, all four had been released without charge.

The BBC learnt, on 15 February 2005, that Abbasi and Martin Mubanga had received letters from the British Government telling them that they would not be allowed passports. Using the Royal Prerogative for the first time since 1976, the government withdrew the passports for the time being in the light of evidence gathered against them by the US, allegedly suggesting they were likely to take part in action against UK or allied targets if they left Britain. It was unclear whether the evidence was gathered in Guantanamo, where their lawyer has alleged Abbasi and Mubanga suffered torture, or whether this measure was part of the conditions agreed with the US government for their release.

[edit] Transcripts from hearing

On 4 March 2006, following a Freedom of Information Act request from the Associated Press, 5000 pages of information were released containing the names and home countries of many detainees in Guantanamo Bay. Amongst this documentation is a transcript of the hearing at which Feroz Abbasi was present.

Feroz Abbasi asked: "May I have my legal representative present please?"

The tribunal president, a USAF colonel (whose name has been blacked out in the document) replied: "No you may not. This is not a legal proceeding. It is a military tribunal."

Feroz Abbasi continued: "On the basis that the tribunal can actually hold me here in incarceration or release me, I would consider this a criminal proceeding."

After a further discussion, in which Feroz Abbasi refers to Malcolm X, his duties as a Muslim and quotes from the Quran, the president says he: "appreciates your concern for our souls"

Following Abbasi's concerns about his classification from the point of Islamic law the tribunal president states: "This is not Islamic law. It has no authority here"

Abbasi then repeatedly brings up his status under International law. The tribunal president states:

"International law does not apply. Geneva Conventions do not apply. You have been designated an enemy combatant. This Tribunal will fairly listen to your explanantion of your actions."

After repeated references to International law by Abbasi the tribunal president states:

"I don't care about international law. I don't want to hear the word International Law again."^[3]

Abbasi also asked to be treated as a prisoner of war and declared he would be humbled to be regarded as a combatant, stating:

"Do not be fooled into thinking I am in any way perturbed by you classifying me as a (nonsensical) 'enemy combatant'. In fact quite to the contrary I am humbled that Allah would honour me so."

Abbasi also admitted attending an Al Qaeda training camp visited by Osama Bin Laden:

"Yes, I was present at the very speech when with his own mouth and tongue he told Basic Training that he had received a fax from the Americans!".^[4]

[edit] Press Reports

On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.^[5] Abbasi was one of the detainees profiled. According to the article his transcript contained the following exchange:

abbasi: So, you are telling me I am an enemy combatant. I am telling you by special Geneva Conventions, I am a non-combatant….

tribunal president: Once again, international law does not matter here. Geneva Convention does not matter here. What matters here and I am concerned about and what I really want to get to is your status as enemy combatant based upon the evidence that has been provided and your actions while you were in Afghanistan. If you deviate from that one more time you will be removed from this tribunal and we will continue to hear evidence without you being present….

abbasi: I know, but I have the right to speak….

tribunal president: No, you don’t.

abbasi: And the personal representative told me I can say whatever I like.

tribunal president: He was mistaken if he told you that….

[Abbasi continues to speak at length.]

tribunal president: Once again…international law…. [Abbasi interrupts.] Mr. Abbasi, your conduct is unacceptable and this is your absolute final warning. I don’t care about international law. I don’t want to hear the words “international law” again. We are not concerned with international law.