Saifullah Paracha

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Saifullah Paracha
Born: August 17, 1947(1947-08-17)
Mongwal, Pakistan
Detained at: Guantanamo
ID number: 1094
Conviction(s): no charge, held in extrajudicial detention

Saifullah Paracha is a citizen of Pakistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] Paracha's Guantanamo detainee ID number is 1094. The Department of Defense reports that Paracha was born on August 17, 1947, in Mongwal, Pakistan.

His son, Uzair Paracha, was convicted in 2005 for providing support to Al-Qaeda, that included assistance for Majid Khan to obtain documents.[2][3]

Contents

[edit] Paracha's Family:

Paracha has 4 children and a wife. Two daughters and two sons, Uzair (27), Muneeza (24), Mustafa (17) and Zahra (14).[4] They had to face immense financial problems according to numerous newspaper reports and have undoubtedly stated Paracha's innocence. They say that this whole detention period he's facing is a joke and just a way for the Pakistani government to earn a mere $5000.

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.
Combatant Status Review Tribunals were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.[5] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.[6]

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.

Paracha chose to participate in his Combatant Status Review Tribunal.[7]

[edit] Charges against Paracha

Paracha was accused and had many charges against him, but the most significant one during the trial was that he exported nuclear weapons to other countries in his Textile Import/Export business. He has denied all charges and has very frankly said:

"Are Nuclear weapons something you can buy off from a shelf?"

[edit] Saifullah Paracha v. George W. Bush

A writ of habeas corpus, Saifullah Paracha v. George W. Bush, was submitted on Saifullah Paracha's behalf.[8] In response, on 21 December 2004, the Department of Defense published fifty-eight pages of unclassified documents related to his Combatant Status Review Tribunal.

On 8 December 2004 Tribunal panel 24 convened and confirmed Saifullah Paracha's "enemy combatant" status.

[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".[9]

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.

Paracha chose to participate in his Administrative Review Board hearing.[10]

[edit] Press reports

On July 12, 2006 the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[11] Paracha was one of the detainees profiled. According to the article his transcript contained the following exchange:

tribunal president: I do know you had some questions about the legality of your detention. That would be referred to other organizations of the government, but you will be receiving more specific instructions shortly of how to bring your question to U.S. courts.
paracha: Your honor, I have been here 17 months; would that be before I expire?
tribunal president: I would certainly hope so, especially since you are under the care of the U.S. government while you are here. As far as some of the other statements you made about jurisdiction, this is a U.S. government executive decision in regards to the detention of enemy combatants….
paracha: Your honor, my question is that your executive order is applicable around the earth?
tribunal president: It is a global war on terrorism.
paracha: I know, sir, but you are not the master of the earth, sir….
tribunal president: Would you be surprised to hear that Osama bin Laden founded Al Qaeda and Al Qaeda includes people from all over the world? People from America, Afghanistan, Pakistan, Philippines, and people from wherever?
paracha: Sir, how could anybody know who Al Qaeda is?
tribunal president:Good question. That’s a very good question.

On June 2, 2008 Zachary Katznelson appealed to the Pakistani government for assistance, stating[12][13]:

"Political intervention is the only hope for Saifullah Paracha to receive justice."

[edit] Heart surgery

Guantanamo detainment camp infirmary operating room
Guantanamo detainment camp infirmary operating room

Paracha needed heart surgery.[14] Paracha's lawyer's appealed the camp medical authorities plans to perform the surgery in the Guantanamo camp infirmary's operating room. Paracha was concerned about the competence of the Guantanamo medical staff. Paracha's request to have his surgery performed off-island was turned down. The Guantanamo Bay Doctors and Military personnel told him that they had performed surgery on another man as well and his operation was successful. Paracha requested to at least talk to this man but the request was denied.

According to MSNBC:[14]

"Paracha's lawyer said that his client complained that several simple diagnostic examinations were not performed adequately by doctors at Guantanamo Naval Hospital. Gaillard Hunt, Paracha's lawyer, said that his client has had his hands and feet shackled when being examined at the base hospital and that several attempts to perform an electrocardiogram, or EKG, proved difficult for base medical staff."

According to a report from the Associated Press Paracha has had three heart attacks in custody.[15] The report stated Commander Rick Haupt claimed preparing facilities in case Paracha agreed to heart surgery cost $400,000. Mrs. Paracha has stated that Paracha's failing health should be reason enough to release him immediately if they would not look into the legal issues of the situation.

[edit] References

  1. ^ 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.
  2. ^ U.S. Convicts Pakistani of Providing Support to al Qaeda USDoJ November 25, 2005
  3. ^ Jury convicts man accused of aiding al-Qaida Associated Press November 23, 2005
  4. ^ Saifullah Paracha's Background and Family. Retrieved on 2007-06-15.
  5. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  6. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
  7. ^ documents (.pdf) from Saifullah Paracha's Combatant Status Review Tribunal - - mirror pages 1-19
  8. ^ Saifullah Paracha v. George W. Bush 04-CV-2022 (PLF) pages 1-58. United States Department of Defense (8 December 2004). Retrieved on 2008-06-10.
  9. ^ (Spc Timothy Book. "Review process unprecedented", The Wire (JTF-GTMO), Friday March 10, 2006, pp. 1. Retrieved on 2007-10-12. 
  10. ^ Summarized transcript (.pdf), from Saifullah Paracha's Administrative Review Board hearing - page 138
  11. ^ "Why Am I in Cuba?", Mother Jones (magazine), July 12, 2006
  12. ^ "Lawyer for Guantanamo inmate urges Pakistan govt help", Agence France Press, June 2, 2008. Retrieved on 2008-06-02.  mirror
  13. ^ Jan Khaskheli. "Pakistanis still languishing in Guantanamo Bay without trial", The News (Pakistan), June 2, 2008. Retrieved on 2008-06-01.  mirror
  14. ^ a b Joel Seidman. "Heart surgery must be at Guantanamo: Court denies Pakistani detainee's request to have procedure done off base", MSNBC, November 20, 2006. Retrieved on 2007-01-12. 
  15. ^ Michael Melia. "Detainee who refused Guantanamo medical procedure describes failing health", San Diego Union Tribune, June 27, 2007. Retrieved on 2007-01-12. 

[edit] External links