Jamil al-Banna

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Jamil al-Banna
Born:	May 28, 1952 (1952-05-28) (age 56) - Born in Jericho, West Bank[1] - Jordanian citizen - refugee status in the United Kingdom
Detained at:	Guantanamo Bay camp
Alias(s):	(Arabic: جميل عبد اللطيف البنّاء‎, Ǧamīl ʿAbdu 'l-Laṭīf al-Bannāʾ)
ID number:	905
Alleged to be a member of:	al-Qaeda
Spouse:	Sabah El-Banna - December 8, 1964 (1964-12-08) (age 43)[1]
Children:	El-Banna is a father of five:[2][3][1] Anas - December 17, 1996 (1996-12-17) (age 11) Mohamed - December 22, 1997 (1997-12-22) (age 10) Abdulrahman - May 10, 1999 (1999-05-10) (age 9) Badeah - February 11, 2001 (2001-02-11) (age 7) Mariam - April 13, 2003 (2003-04-13) (age 5)

Jamil al-Banna (Arabic: جميل عبد اللطيف البنّاء‎, Ǧamīl ʿAbdu 'l-Laṭīf al-Bannāʾ) is a Jordanian with refugee status in the United Kingdom who had been living in north-west London^[4]. He is currently on bailed release in the United Kingdom^[5] following his release from extrajudicial detention in the United States in the Guantanamo Bay detainment camps, in Cuba.^[6]

Al-Banna's Guantanamo detainee ID number was 905. The Department of Defense reports that al-Banna was born on May 28, 1952, in Jericho, ^[sic] Turkey ^[sic] . His wife is quoted as saying that Jamil is not from Jericho, Turkey but was born in Jericho, West Bank

[edit] Jamil al-Banna's capture in Gambia

Jamil and Bisher al-Rawi travelled to Gambia to meet a shipment of machine parts to be used to set up an edible oil factory owned by Basher's brother. They arrived in Gambia on November 7, 2002. He was captured by the Gambian National Intelligence Agency on arrival at Banjul airport in Gambia on November 8, 2002, purportedly on suspicion of alleged links to al-Qaeda. At first they were under a kind of unofficial house arrest. They were not formally charged with any crimes under Gambian law. They were told that they would be released when their machinery had been checked to make sure it wasn't something that could be used for terrorism.

They weren't detained in a Gambian jail, but rather in a CIA snatch team safe house, provided by American security officials, guarded by Gambians, but interrogated by Americans.

In late December, 2002 ^[1] the decision was made to take them from Gambia. The team that arrived to do that wore black uniforms, their faces covered by black balaklavas. They cut their clothes from their bodies, when they bound them for transportation.. They were illegally "rendered" to Bagram Air Base in Afghanistan, where he was imprisoned underground in total darkness for weeks.^[7]. Once in the main portion of the airbase prison, he met Moazzam Begg whose bookshop he had visited in England.^[8] Nicknamed "Kenny Rogers", he once entertained American guards by singing half a verse Coward of the County.^[8] In March 2003 Jamil and Basher al-Rawi were transferred to Guantanamo Bay.^[9]

[edit] Allegations of torture

Jamil's lawyer, Clive Stafford Smith, quoted in an article in The Guardian, said Jamil was a participant in both the hunger strike that ended when the camp authorities made promises on July 28, 2005, and a second that started on August 8.^[10] Smith said that Jamil told him that one of the reasons for the second hunger strike was that guards were still searching through the prisoner's copies of the Qur'an by hand.

An article in The Times repeated Jamil's claim that his American interrogators told him that MI5 had colluded in Jamil's extraordinary rendition.^[11] The lawyers of Guantanamo Bay detainees have to hand in all their notes. They are all classified. The lawyers are only allowed to examine their notes in a single secure location outside Washington DC. The Times describes how a section of Stafford Smith's notes were recently declassified:

"In Cuba one interrogator is alleged to have told al-Banna: 'Why are you angry at America? It is your government, Britain, the MI5, who called the CIA and told them you and Bisher were in Gambia and to come and get you. Britain gave everything to us. Britain sold you out to the CIA.'”

The Times repeats Jamil's claim that he was offered $10 million, and a US passport, if he would testify against Abu Qatada. According to The Times:

"When he refused, an interrogator told him: 'I am going to London . . . I am going to fuck your wife. Your wife is going to be my bitch. Maybe you’ll never see your children again.'"

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.^[12][13] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[14]

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

[edit] Allegations against Jamil al-Banna

Like his friend Bisher al-Rawi, Jamil chose to participate in his Combatant Status Review Tribunal. The allegations against him recorded in the documents were:^[15]

a. The detainee is a member of al-Qaida:

1. Abu Qutada is a known al-Qaida operative arrested in the United Kingdom as a danger to national security.
2. Detainee visited Abu Qatada while Qatada was in hiding from the British police.
3. Detainee has been indicted by a Spanish National High Court Judge for membership in a terrorist organization.
4. Detainee was arrested in Gambia, while attempting to board an airplane with equipment that resembled a homemade electronic device.

The Tribunal President struck from the record an allegation that Jamil had helped transmit some money to a charity. The record is not clear why the Tribunal President struck this allegation.

[edit] Jamil al-Banna's relationship with Abu Qatada

Jamil admitted knowing Abu Qatada. He had known him for over nine years, prior to the attack on September 11, 2001. They had lived in the same neighbourhood. And their wives had given birth to children at the same time. Abu Qatada had lead prayers at the mosque he attended. And they were both refugees from Jordan. But they weren't close.

[edit] Jamil al-Banna's visit to Abu Qatada while he was in hiding

Jamil admitted driving Abu Qatada's wife and children to visit him, after British authorities had announced he was going to be arrested. He did so at the request of his friend Basher al-Rawi.

[edit] Jamil al-Banna's Spanish indictment

Jamil, was indicted by Spanish "superjudge" Baltasar Garzón. But he claimed that he had no idea why.

[edit] Arrest for traveling with homemade electronics

Jamil corrected the Tribunal's "home-made electronics" allegation on several points.

• The arrest was in England, not Gambia.
• The device was carried by his friend, Basher al-Rawi, not himself.
• British authorities determined that the device was not modified, but was just what Basher said it was, a mundane battery charger.

[edit] Personal Representative's concluding statement

Wikisource has original text related to this article:

Personal Representative's concluding statement on Abdul Latif El Banna CSR Tribunal's determination

Personal Representative's were invited to append their comments to Tribunal's determinations. Almost all Personal Representatives declined to make a comment. Abdul Latif El Banna's Personal Representative did comment, asking:

"What did Detainee do in Gambia that required the United States (rather than the United Kingdom or even Gambia) to take him in to custody?" "Since the United Kingdom is a very strong coalition partner, not a disinterested party, it is doubtful that they are unable to prosecute actions that take place on their sovereign soil."

[edit] Contact with his family

El-Banna is a father of five.^[2] His youngest daughter was born after his capture.

A November 1, 2006 article in the Willesden & Brent Times reported that el-Banna was allowed a phone call to his wife on October 19, 2006.^[16] It is unusual for detainees to be allowed a phone call to their family. This phone call was el-Banna's first. It is not known why this concession was made, although el-Banna's MP, Sarah Teather, had previously made representations to US authorities asking for some contact to be allowed.

According to el-Banna' wife:^[16]

[edit] Bisher al-Rawi's release

On Thursday March 29, 2007, UK Foreign Secretary Margaret Beckett announced that the UK Government had negotiated the return from Guantanamo of al-Banna's traveling companion, Bisher al-Rawi's.^[17][18] According to the Associated Press Beckett issued a statement to Parliament which said:

Beckett's announcement didn't say anything about al-Banna, or the other remaining former UK residents who remain held in Guantanamo.^[18] Jamil's case has caused controversy within the UK as the British Government refuses to make representations on his behalf, due to his not having attained British citizenship before his imprisonment.^[19] All the British nationals imprisoned at Guantanamo were freed before September 2004, following British Government representations.

[edit] Release negotiation

On August 7, 2007 the United Kingdom government requested the release of Jamil al-Banna and four other men who had been legal British residents without being British citizens.^[20] The UK government warned that the negotiations might take months.

[edit] Release

Jamil al-Banna was released from Guantanemo Bay on 18 November 2007 and flown back to Britain.^[21][22] On his return, he was detained under port and border controls and questioned. On 19 November he was arrested under a Spanish extradition warrant. On 20 December he was released on bail of £50,000, part of which was put up by actress Vanessa Redgrave; conditions of his bail include observing a curfew and wearing an electronic tag.

[edit] Spanish extradition request

On his return, El-Banna and Omar Deghayes were arrested and questioned, before appearing in court on a Spanish extradition warrant.^[21][22] He was freed on bail on 20 December, conditions of which include obeying a curfew and wearing an electronic tag.

On Thursday March 6, 2008 Spanish judge Baltasar Garzon dropped the extradition request on humanitarian grounds.^[22] Garzon based his decision on a medical examination made public on February 12, 2008. The report said El Banna suffered from: "post-traumatic stress syndrome, severe depression and suicidal tendencies. Garzon ruled the two men's mental health had deteriorated so badly it would be cruel to prosecute them.

[edit] References