Omar Deghayes

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Omar Amer Deghayes
Born: November 28, 1969(1969-11-28)
Tripoli, Libya
Detained at: Guantanamo
ID number: 727
Alleged to be a member of: Libyan Islamic Fighting Group
Conviction(s): no charge, held in extrajudicial detention
Status repatriated to the United Kingdom, free on bail, faces extradition to Spain
Occupation: law student

Omar Deghayes (born November 28, 1969) is a Libyan citizen with residency status in the United Kingdom, who was arrested in Pakistan in 2002. He is currently on bailed release in the United Kingdom.[1] He was subjected to an extrajudicial capture in Gambia, and held in extrajudicial detention, first in CIA custody in "the dark prison", one of the CIA's black sites, then in military custody in the Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number is 727.[2]

His lawyer, Clive Stafford Smith alleges that Deghayes was blinded by pepper spray inside the prison.

Deghayes' father was a union organiser who was executed in Libya while Omar was still a child. After this the family moved to the United Kingdom as refugees. They lived in Brighton According to the Birmingham Post Deghayes was a "laws graduate";[3] he studied law at the University of Wolverhampton and later studied in Huddersfield.

His family has mounted a campaign to free Deghayes. This campaign has received the support of the Brighton Argus newspaper and all six Members of Parliament in Sussex, where Omar Deghayes resided for many years and where his family still live.

On February 3, 2005 US District Court Justice Joyce Hens Green ordered that Deghayes, among other Guantánamo detainees, should be protected by the fifth amendment to the US Constitution.[4]

In 2006, the British High Court considered whether the United Kingdom government should petition the United States government, on behalf of Guantánamo detainees who had legal residency status.[5] The High Court concluded that they did not have the authority to make recommendation in the area of foreign affairs. They also called the evidence that the British residents were being tortured was "powerful".

The British government requested his release in August 2007, citing new openness on the part of the American administration[6]. He was released on 18 December 2007; on his return to Britain, he was arrested under a Spanish warrant and has been released on bail while his case is considered.[7]

Contents

[edit] Arrest

The "Save Omar" campaign has stated that Deghayes, who had moved temporarily to Pakistan with his Afghan wife and child, was arrested, along with his family, by bounty hunters in Pakistan and taken to Bagram Theater Internment Facility. His wife and child were later released.[8]

[edit] Abuse claims

Deghayes has claimed that Guantanamo guards held him down and sprayed pepper spray directly into his eyes.[9] Deghayes says that they then rubbed a rag soaked in pepper spray into the cornea of his right eye, which had already been weakened by a blow he received when he was a child. He says that he is now blind in that eye.

According to Deghayes's account:[9] "...troops marched into his cellblock 'singing and laughing' before spraying his face with mace and digging their fingers into his eyes as an officer shouted 'More! More.' ...My eye has gone a milky white color ... After all I have been through in my life to save it."

The DoD declined to comment on specific abuse claims.[9] However, DoD spokesman Lieutenant Commander Flex Plexico repeated his counter-claim that al Qaeda training manuals instruct al Qaeda members to lie about abuse, if captured, to trigger international outrage. He called Guantanamo:"...a safe, humane and professional detention operation..."

On August 10, 2007, Deghayes's family released a detailed dossier listing the tortures he claims to have been subjected to while in U.S. custody.[10][11][12] Deghayes reported that he:

  • Saw a soldier shoot a captive.
  • Witnessed the partial drowning of captives.
  • Saw a guard throw a Koran into a toilet.
  • Saw a Moroccan/Italian named Abdulmalik beaten to death.
  • Saw another captive beaten until the floor poured with blood, and he was left permanently brain-damaged.
  • Was permanently blinded when a guard stuck his finger in his eye.
  • Had excrement smeared on his face.
  • Experienced sexual abuse, which was too traumatic to be described in detail.
  • Was subjected to electric shocks.
  • Was kept naked in the freezing cold and had freezing water thrown on him.
  • Was starved for forty-five days.
  • Received repeated death threats.

[edit] Facial recognition

One of the allegations Deghayes faced was that American intelligence analysts had acquired a video-tape that identified Deghayes as one of the individuals in an Chechnyan rebel video tape.[13][14][15] However, the opinion of Professor Tim Valentine of Goldsmiths College, a facial recognition expert, is that the face in the videotape could not possibly be Deghayes. It lacks the clearly identifiable marks left by a childhood injury.

Clive Stafford Smith said that the face in the videotape was eventually identified as a Chechen named Abu Walid.[14][16] He said the face looked more like Fidel Castro than his client.

[edit] Hunger strikes

Deghayes was one of the hunger strikers who joined the most publicized hunger strike at the camp, said to have been triggered by the beating of Hisham Sliti.[17][18][19][20]

According to an article by Clive Stafford Smith, Deghayes wrote:[20]

"I am slowly dying in this solitary prison cell, I have no rights, no hope. So why not take my destiny into my own hands, and die for a principle?"

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.
Combatant Status Review Tribunal notice read to a Guantanamo captive. During the period July 2004 through March 2005 a Combatant Status Review Tribunal was convened to make a determination whether they had been correctly classified as an "enemy combatant". Participation was optional. The Department of Defense reports that 317 of the 558 captives who remained in Guantanamo, in military custody, attended their Tribunals.

Initially the Bush Presidency 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 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 Presidency's definition of an enemy combatant.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Omar Amer Deghayes's Combatant Status Review Tribunal, on 27 September 2004.[21] The memo listed the following allegations against him:

The detainee is a member of al Qaida and associated with the Taliban:
  1. The detainee traveled to Afghanistan with a fake passport.
  2. The detainee stayed at the guesthouse of a senior al Qaeda leader.
  3. The detainee is a member of the Libyan Islamic Fighting Group (LIFG).
  4. The Libyan Islamic Fighting Group (LIFG) is a terrorist organization.
  5. The detainee was filmed in an Islamic extremist training video.

[edit] Transcript

There is no record that Deghayes participated in his Combatant Status Review Tribunal.

[edit] Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".
Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".[22]

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Omar Amer Deghayes's first annual Administrative Review Board, on May 24, 2005.[23] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. In 1999, the detainee left England for Afghanistan in order to live in an Islamic society under Sharia law.
  2. The detainee is a member of the Libyan Islamic Fighting Group (LIFG).
  3. LIFG is identified as a terrorist organization in the Terrorist Organization Reference Guide.
  4. The detainee is suspected of appearing in a confiscated Islamic extremist military training video showing atrocities in Chechnya.
  5. The detainee went to Bosnia to join the mujahideen. The detainee enjoyed his experience in Bosnia and believed it was a good Muslim cause.
  6. Detainee's travel from Pakistan to Afghanistan was facilitated by a senior al Qaida Lieutenant.
b. Training
  1. The detainee received small arms training during secondary school in Libya.
  2. The detainee received training at the Khaldan Camp after arriving in Afghanistan and then joined the fighters in 1999.
c. Connections/Associations
  1. The detainee traveled to Afghanistan with a false passport.
  2. The detainee stayed at the guesthouse of a senior al Qaida leader.
  3. The detainee had a good relationship with Usama Bin Ladin.
  4. The detainee was the financial supervisor for operations at the Sanibel organization [sic] in Kabul, Afghanistan.
  5. Sanibel [sic] is identified in Executive Order 13224 as an organization that supports terrorism.
  6. The detainee was connected with senior LIFG operatives.
d. Other Relevant Data
  1. The detainee said his views of Islam are similar to that of the Taliban.
  2. The detainee received two months of solitary confinement as punishment for assaulting a soldier at Guantanamo Bay, Cuba.
  3. The detainee was arrested by Pakistani authorities in Lahore, Pakistan on charges that he was al Qaida before being turned over to United States authorities.

[edit] The following primary factors favor release or transfer:

a.

The detainee stated he could not be in the extremist training video because he was never in Chechnya, Russia.
b.

The detainee claimed to have no knowledge of Usama Bin Ladin or al Qaida.
c.

The detainee said he never worked for the Taliban while living in Kabul.
d.

The detainee claimed to have no knowledge of the September 11th attacks or any planned attacks against the United States.

[edit] Transcript

Omar Deghayes's Presiding Officer concluded that he chose not to attend his Administrative Review Board hearing.[24]

[edit] Enemy Combatant election form

Omar Deghayes's Assisting Military Officer (AMO) reported from the Enemy Combatant election form filled out during the pre-hearing interview. But it was not recorded in the transcript.

[edit] Written statement

Omar Deghayes had prepared a written statement for his Board. His transcript recorded: "The Assisting Military Officer presented the detainee's written statement (Exhibit EC-D 1-5). The Assisting Military Officer stated that he had not reviewed the above-mentioned documents due to detainee's impulsive presentation."

The summarized transcript does not record Degahayes written statement being read into the record. The transcript does not record the Board members discussing his written statement.

[edit] Deghayes Exhibits

Deghayes had presented his Assisting Miliatary Officer with a packet of document approximately one half hour before the Board convened. His Presiding Officer described each document in what he called a "strange collection".

[edit] Deghayes mental health

A Board Member and Deghayes's Assisting Military Officer had the following discussion of Deghayes mental health.

Board Member:

I have a question, I was reading through this package you provided us and it is on the...it is on this thirty-three page package...it's the second number 'seven' page and what I want to ask you about is your perception of his thought processes...because on the second page 'seven,' footnote eight, [it states] 'one reason Mr Deghayes needed legal assistance with the CSRT process is that he suffers from what counsel clearly recognizes as psychotic thought processes'.Can you...what is your assessment? I know you're not an expert on this but when you asked him a question did he seem to respond? Was he cognizant of the question and responded in a comprehensible manner? What was your assessment?
Assisting Military Officer:

I thought he was quite lucid and he answered all my questions satisfactorily. He did tend to want to run the show every time we interviewed him.
Board Member:

Did he tend to go off the subject or go off on a tangent or...
Assisting Military Officer:

Well, overall sir, I would say he did because I kept trying to steer him to the fact that the purpose of this review is to assess his future behaviour and he kept going back to the injustices done to him in the past.

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Omar Amer Deghayes's second annual Administrative Review Board, on 8 August 2006.[25] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment
  1. The detainee stated that in 1993 he went to Bosnia to join the Mujahedin and stayed in Bosnia for one year at a Muhahedin Army camp.
  2. A foreign government service reported transfers of two large sums of money involving the detainee and the Bahamas-based Bank al Taqwa. On 22 December 1994, the detainee and another individual deposited 225,774 United States Dollars into an account at Bank al Taqwa. On 25 May 1996, the amount of 45,762 Unitd States Dollars from that account was wired to the detainee.
  3. Al Taqwa Bank in the Bahamas is listed in Executive Order 13224, which blocks property and prohibits transactions with persons who commit, threaten to commit, or support terrorism.
  4. The detainee stated that he traveled to Afghanistan in the summer of 1999 using a fake British passport which he purchased for 1,000 British pounds.
  5. The detainee stated that he obtained airline tickets for 800 British pounds from an individual whom the detainee knew was a member of the Libyan Islamic Fighting Group.
  6. The detainee stated that he flew from England to Islamabad, Pakistan via Karachi, Pakistan, where he was met by a contact provided by an individual whom the detainee knew was a member of the Libyan Islamic Fighting Group. The detainee stated that he stayed for three days at the contact's home, was driven to Jalalabad, Afghanistan by the contact and then rented a ride to Kabul, Afghanistan.
  7. The detainee stated that while in Afghanistan he worked as a financial supervisor at the charity organization Sanibel [sic] .
  8. A former member of the Libyan Islamic Fighting Group stated that Sanibil [sic] characterizes itself as a charitable organization, but Sanibil's first priority was providing support to the jihad activities of the Libyan Islamic Fighting Group.
  9. Al-Aqsa Sinabil Establishment [sic] is listed in Executive Order 13224, which block property and prohibits transactions with persons who commit, threaten to commit or support terrorism.
  10. A senior al Qaida operative stated that the detainee stayed at an al Qaida guest house in Pakistan in 1998.
  11. An individual stated that the detainee arrived in Pakistan in approximately 1998, joined the Libyan Islamic Fighting Group upon his arrival, and worked at the al-Sanabil Institution [sic] in Kabul, Afghanistan.
  12. A detained Libyan Islamic FIghting Group member stated that the detainee used to be a member of the LIbyan Islamic Fighting Group but did not know if the detainee received training.
  13. The Libyan Islamic Fighting Group is a foreign terrorist organization. Some members are aligned with al Qaida.
  14. An individual stated that the detainee joined the Taliban movement and worked for a short while at the al-Sanabil Institution until the 11 September 2001 attacks.
  15. An individual stated that the Ashara guest house was owned by al Qaida and used by al Qaida members from Saudi Arabia, Yemen, Iraq and Libya.
b. Training
  1. A senior al Qaida operative stated that he facilitated the detainee's travel to a Libyan camp in Afghanistan.
  2. An individual stated that the detainee came to Afghanistan in 1998 and was trained at Samarkhil or Samardil Camp.
  3. A detainee of a foreign service stated that a Libyan Islamic Fighting Group camp was opened in the Samarkhil region near Jalalabad, Afghanistan in 1998.
  4. The detainee was trained by and received Professional Association of Diving Instruction certification from an individual who has been associated with al Qaida and has provided dive training to jihadists.
c. Other Relevant Data
The detainee stated that when the bombing began in Afghanistan, he was transported by truck with Taliban members from Kabul, Afghanistan to the Peshawar, Pakistan area and was later arrested in Lahore, Pakistan.

[edit] The following primary factors favor release or transfer:

a.

The detainee stated that he did not know the individual who has been associated with al Qaida and has provided dive training to jihadists.
b.

The detainee stated that he had no knowledge of Usama bin Laden or al Qaida, had no prior knowledge of the 11 September 2001 attacks and never worked for the Taliban.
c.

The detainee stated that he was not connected to any terrorist groups, he did not attend any training camps and he has never engaged in jihad.
d.

The detainee stated that he would not accept anyone committing attacks similar to those of 11 September 2001.
e.

The detainee stated that he does not agree with the use of suicide bombers and car bombws.
f.

The detainee stated that if released he would like to go back to Brighton, England to work in his family's property business which his mother and brother are currently running.

[edit] Release

On August 7, 2007 the United Kingdom government requested the release of Omar Deghayes and four other detainees who had been legal British residents.[26] The UK government warned that the negotiations might take months.

On 18 December 2007, Deghayes was freed from Guantanemo Bay and subsequently flown to the UK.[27][28]

[edit] Spanish extradition request

On his return, Deghayes and Jamil El-Banna were arrested and questioned, before appearing in court on a Spanish extradition warrant.[27][28] 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.[28] Garzon based his decision on a medical examination made public on February 12, 2008. The report said Deghayes 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

  1. ^ "Guantanamo detainees out on bail", BBC, Thursday, 20 December 2007. Retrieved on 2008-01-02. 
  2. ^ OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
  3. ^ Neil Connor. "Protest at Brum factory making Cuba shackles", Birmingham Post, September 9, 2005. Retrieved on April 2. 
  4. ^ In re Guantánamo Detainee Cases (February 3, 2005).
  5. ^ Judges powerless over detainees at Guantánamo, The Guardian, May 5, 2006
  6. ^ BBC NEWS | Politics | Prisoner request another change from Blair era
  7. ^ BBC NEWS | UK | Guantanamo detainees out on bail
  8. ^ www.save-omar.org.uk
  9. ^ a b c Letta Tayler. "Detainee: They blinded me", Newsday, October 3, 2005. Retrieved on April 2. 
  10. ^ Guantánamo Man’s Family Release ‘Torture’ Dossier· Relatives of UK resident publicise allegations· Family of Libyan national release detailed dossier - CommonDreams.org
  11. ^ "Guantanamo detainee's family release torture dossier", The Age, August 11, 2007. Retrieved on 2007-08-18. 
  12. ^ Vikram Dodd. "Guantánamo man's family release 'torture' dossier", The Guardian, Saturday August 11, 2007. Retrieved on 2007-08-18. 
  13. ^ Guantanamo Bay: Campaigning Against Complicity with Torture. The Bertrand Russell Peace Foundation. Retrieved on April 2, 2007.
  14. ^ a b Clive Stafford Smith (July 20, 2005). From Brighton to Camp Delta: Mis-identification leads to three years in Guantánamo Bay. cageprisoners.com. Retrieved on April 2, 2007.
  15. ^ Barbara Slaughter (May 16, 2005). Sister of Guantanamo Detainee Speaks Out: “How can they call themselves champions of democracy?”. cageprisoners.com. Retrieved on April 2, 2007.
  16. ^ Clive Stafford Smith. "An unjust trial by media", New Statesman, August 23, 2007. Retrieved on 207-08-23. 
  17. ^ Carol D. Leonnig. "More Join Guantanamo Hunger Strike: Detainees Demand Hearings, Allege Beatings by Guards", Washington Post, Tuesday, September 13, 2005. Retrieved on April 2. 
  18. ^ Neil A. Lewis. "Guantánamo Prisoners Go on Hunger Strike", New York Times, September 18, 2005. Retrieved on April 2. 
  19. ^ Alexandra Olson. "U.S. Military Tube-Feeds 13 Gitmo Strikers", San Francisco Chronicle, Saturday, September 10, 2005. Retrieved on April 2. 
  20. ^ a b Clive Stafford Smith. "Gitmo's Hunger Strikers", The Nation (magazine), September 29, 2005. Retrieved on April 2. 
  21. ^ OARDEC (27 September 2004). Summary of Evidence for Combatant Status Review Tribunal - Deghayes, Omar Amer page 93. United States Department of Defense. Retrieved on 2007-12-19.
  22. ^ Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12. 
  23. ^ OARDEC (May 24, 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of pages 55-56. United States Department of Defense. Retrieved on 2007-12-19.
  24. ^ OARDEC (June 3, 2005). Summary of Administrative Review Board Proceedings of ISN 727 pages 132-135. United States Department of Defense. Retrieved on 2008-01-01.
  25. ^ OARDEC (8 August 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Deghayes, Omar Amer pages 95-97. United States Department of Defense. Retrieved on 2008-01-01.
  26. ^ David Stringer. "UK asks US to release 5 from Guantanamo", Houston Chronicle, August 7, 2007. Retrieved on 2007-08-07. 
  27. ^ a b "Guantanamo detainees out on bail", BBC News, Thursday, December 20, 2007. Retrieved on 2008-03-06. 
  28. ^ a b c Daniel Woolls. "Spain: Ex-detainees too damaged for trial", Miami Herald, Thursday March 6, 2008. Retrieved on 2008-03-06. 

[edit] External links