Martin Mubanga
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Martin Mubanga is a joint citizen of both United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months. In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.
Mubanga's Guantanamo detainee ID number is 10007.[1]
The Bush administration routinely describes the Guantanamo detainees as having been unlawful combatants, who were captured on the battlefield. Mubanga, however, was the victim of an extraordinary rendition from Zambia, without having an opportunity to challenge his capture or rendition.
Under the Royal Prerogative, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.
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[edit] Combatant Status Review Tribunal
Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
Mubanga chose to participate in his Combatant Status Review Tribunal.[2]
[edit] Complaints against the USA
Mubanga has described being the subject of brutal and abusive treatment during his incarceration and interrogation while in US custody.
Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the USA requesting an official extradition. His transport was a classic instance of the USA's use of the controversial technique they call extraordinary rendition.
Mubanga describes being shackled so long he lost control of his bladder, and then being daubed with his own urine.
Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months.
[edit] Complaints against the UK
Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an "MI6 official," and an American woman who told him she a "Defense official". They told him that his UK passport, which he had reported stolen, was found in an al Qaeda cave in Afghanistan. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the controversial US prison at Guantanamo Bay.
With the help of UK lawyer Louise Christian Mubanga is attempting to sue the UK government for its cooperation with American security officials.
[edit] References
- ^ list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ^ Summarized transcripts (.pdf), from Martin Mubanga's Combatant Status Review Tribunal - pages 1-4
[edit] External links
- Guantanamo man 'suing government', BBC, February 6, 2005