Sami Mohy El Din Muhammed Al Hajj

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Sami Mohy El Din Muhammed Al Hajj (Arabic: سامي محي الدين محمد الحاج), aka Sami Al-Haj (Khartoum, Sudan, February 15, 1969) is a Sudanese journalist for Al Jazeera. From December 2001 to May 2008, he was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] He was released on May 1, 2008 with two other detainees from Sudan.

[edit] Background

Al Hajj was captured in Pakistan, on December 15, 2001.^[2] He was on his way to work in Afghanistan as a cameraman for Al Jazeera and had a legitimate visa. He was held as an "enemy combatant" at the Guantanamo Bay detainment camp, with Guantanamo Internee Security Number 345, and was the only journalist to be held in Guantanamo. Since going on a hunger strike January 7, 2007 he has lost over 55 pounds and is in a questionable state of health [1].

A special report by BBC Radio 4 gave an exclusive glimpse of the world inside Guantanamo Bay detention centre, told through the letters of a Sami al-Hajj.^[3]

British human rights lawyer Clive Stafford Smith represents Al Hajj, and was able to visit him in 2005. According to Smith, Al Hajj reported:

• He has been beaten. Smith said he had a huge scar on his face.
• Al Hajj witnessed guards flushing a Koran down a toilet.
• Al Hajj witnessed guards defacing a Koran with swear words.
• He has been sexually assaulted.
• He has been interrogated roughly 130 times.

On 23 November 2005, Stafford-Smith reported that, during (125 of 130) interviews, U.S. officials had questioned Sami as to whether Al Jazeera was a front for al-Qaeda.^[4]

Smith offered the opinion:

"He is completely innocent. He is about as much of a terrorist as my granddad. The only reason he has been treated like he has is because he is an Al Jazeera journalist. The Americans have tried to make him an informant with the goal of getting him to say that Al Jazeera is linked to Al Qaida."

Al Jazeera has responded that Al Hajj reported his passport stolen in Sudan in 1999, and that anything done with the passport after that date was likely the work of identity thieves.

Reporters Without Borders have repeatedly expressed concern over Al Hajj's detention mentioned Al Hajj in their annual worldwide press feedom Index, and launched a petition for his release.^{[5][6][7][8][9]} Al Hajj has recently been on hunger strike along with a few other inmates in protest of their treatment in Guantanamo^[10] However, in response to the hunger strike, Al Hajj (and the other inmates) have been force fed.^[11]

[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.

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 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.

Although Clive Stafford Smith quotes from Al Hajj's Combatant Status Review Tribunal it does not seem to be present in the transcripts the DoD released on March 3, 2006.

[edit] Allegations

Stafford-Smith summarized the allegations from Al Hajj's Combatant Status Review Tribunal:^[12]

"...that he had allegedly run a website that supported terrorism, that he had trafficked in arms, that he entered Afghanistan illegally in October 2001 while US air strikes were under way, and that he interviewed Osama bin Laden."

A biography of Al Hajj, by one of his Al Jazeera colleagues, paraphrases five allegations from his CSRT:^[13]

• "The US says that Sami travelled to the middle East, the Balkans, and the Caucasus for clandestine purposes.
• "The US says that Sami has an internet site that supports terrorists.
• "The US says that Sami is a businessman who sold Stinger missiles to Chechen rebels.
• "The US says that Sami was caught sneaking into Afghanistan.
• "The US says Sami interviewed OBL."

Ahmad Ibrahim, Al Hajj's colleague who wrote the biography, says all these allegations are false.

A Summary of Evidence memo apparently drafter on October 22, 2004, for Sami Al Hajj's Combatant Status Review Tribunal was released to the public in September 2007.^[14] It states:

[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".^[15]

Prisoners 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 prisoner qualified for POW status, and they weren't authorized to review whether a prisoner should have been classified as an "enemy combatant".

They were authorized to consider whether a prisoner 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 hearing

A Summary of Evidence memo was prepared for his first annual Administrative Review Board.^[16]

[edit] The following primary factors favor continued detention

a. Commitment

1. The detainee worked as an executive secretary for Abdul Al-Latif Al-Imran, general manager for the Union Beverage Company (UBC).
2. The Union Beverage Company has been associated with Bosnian/Chechen mujahid.
3. The detainee traveled to Azerbaijan at least eight times to courier money to the Al-Haramayn non-governmental organization (NGO) on behalf of his boss, Abd Al-Latif Omran.
4. Al-Haramayn has been designated under Executive Order 13224 as an organization that has provided support to terrorist organizations.
5. During the winter of 1997, the detainee delivered $7,000 USD to Al-Haramayn.
6. During the winter of 1998, the detainee delivered $13,000 USD to Al-Haramayn.
7. During the summer of 1999, the detainee visited Al-Haramayn's summer camp, and delivered $13,000 USD to Al-Haramayn.
8. During November 1999, the detainee delivered $12,000 USD to Munir Al-Barguoni for a new factory in Azerbaijan; he also delivered $100,000 USD to Jamal, the Director of Al-Haramayn.
9. The detainee was detained in Azerbaijan for the transport of $220,000 USD. The money was destined for Chechen rebels and not for humanitarian support as the detainee was told.
10. After serving as the Al-Haramayn Director in Baku, Azerbaijan from 1997 to January 2000, Jiman Mohammed Alawi Al Muraai, aka Abu Wafa, took a job operating the Wafa offices in Karachi, Pakistan.
11. Al Wafa has been designated under Executive Order 13224 as an organization that has provided support to terrorist organizations.
12. While working at the Union Beverage Company, the detainee met Mamdouh Mahmoud Salem.
13. Mamdouh Mahmoud Salem Abu Hajir was arrested in Germany in September 1998 and extradited to the United States. He was a senior al Qaeda lieutenant and Bin Laden's deputy in Sudan.
14. The detainee founded a company on 20 May 1999 in Azerbaijan named “SAMICO Services.”
15. SAMICO documents were found during a raid of locations occupied by suspected extremists affiliated with Muhammad Rabi’a Abdul Halim Sha’ib (an Egyptian extremist).
16. To register a company in Azerbaijan, authorities required that a registree have a registered business in another country.
17. Because the detainee did not have a registered company elsewhere, he used falsified documents to register his company. According to the detainee, the falsified documents showed him as a co-owner of Rumat International.
18. According to a Foreign Government Service, the detainee and Mamduh Muhammad Salim Ahmad, aka Abu Mu’izz, are both affiliated with Rumat International. Ahmed was subsequently arrested on suspicion of participating in the bombings of the U.S. embassies in Nairobi, Kenya and Dar Es Salaam, Tanzania.
19. While in Azerbaijan, the detainee came into contact with Ashraf, who ran the juice distribution business for the Union Beverage Company in Azerbaijan.
20. Between 1994-1998, Ashraf Abdulrahim Ayub worked for the Kuwaiti Revival of Islamic Heritage Society (RIHS), a non-governmental organization.
21. The Revival of Islamic Heritage Society has been identified under Executive Order 13224 as a terrorist affiliated organization.
22. As of late March 2003, a foreign government was investigating Ashraf for possible ties to terrorism.
23. On 4 January 2000, the detainee attempted to reenter Azerbaijan, but was detained and then deported from the country. The deportation was due to his alleged activities supporting Chechen rebels.

b. Other Relevant Data

1. In March or April 2000, the detainee left the Union Beverage Company and went to work for Al Jazeera in Doha, Qatar.
2. The detainee was hired to go to Chechnya to do a story.
3. Around this time, the detainee met with the former President of Chechnya, who was exiled in Doha, Qatar, on at least 15 occasions to learn about Chechnya and to solicit help in gaining access to Chechnya.
4. Following the September 11th attack, the detainee was told by Al-Jazeera to forget Chechnya and go to Afghanistan.
5. The detainee interviewed several Taliban officials during his stay in Kandahar, Afghanistan.
6. The detainee interviewed a man who identified himself as Abu Hafa Al Moritani, a member of al Qaeda.
7. Abu Hafa was one of Usama bin Laden's personal advisors and a religious recruiter. He was also the leader of the Mauritanian al Qaeda cell.
8. The detainee was stopped in early December 2001 at the border by Pakistani security. According to Pakistan security, the passport the detainee had in his possession did not agree with Pakistani records.
9. The detainee was detained at the Afghanistan/Pakistan border because his name appeared on a border authority watch list.

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

[edit] Transcript

Al Hajj chose to participate in his Administrative Review Board hearing.^[17]

[edit] Al Hajj's initial statement

• Al Hajj first thanked the Board for meeting with him.
• He then spoke about the pain of being separated from his wife and young child.
• He then expressed confusion over how he came to be classified as an enemy combatant, but said he wasn’t bitter, and hoped he could convince the Board that he was not a threat and should be set free.
• Al Hajj then condemned terrorism in all its forms and assured the Board he had never taken part in or supported any terrorists or terrorist acts. He assured the Board that, according to his understanding of Islam, terrorist acts were strictly prohibited.
• Al Hajj said he didn’t think he should return to journalism, following his release, as it had proven too dangerous.
• He expressed concern over his wife, he said remaining in Azerbaijan, the country of her birth would be dangerous to her.

[edit] Al Hajj's answers to questions posed at his ARB hearing

In answer to questions:

• Al Hajj said that mail to and from his wife was extremely intermittent. That during one period he went a full year without any word from her. Al Hajj's hearing was in late August 2005. He said his last letter from his wife was in May 2005. He said he was unaware of her receiving any financial support.

• Al Hajj indicated that, on the advice of his lawyer, he was going to decline answering questions about his relationship to Al Haramayn, Abu Wafa, Mamdouh Mahmoud Saleem, SAMICO Services, his past travels. He did indicate that the Union Beverage Company was a large company, with operations around the World.

• When Al Hajj was asked: if he had said that a true interpretation of Islam would not condone violence against innocent people, like the 9/11 attack, he answered in the affirmative.

• When Al Hajj was asked why his foot was in a cast, he said simply he fell down.

• The Presiding Officer congratulated Al Hajj for being designated one of the compliant detainees who were allowed to wear white uniforms. He then asked Al Hajj what he would like to do if he were released. Al Hajj replied he would like to live in Sudan, where he would work in his family's business.

• The Board Members seemed understanding about Al Hajj following his lawyer's advice not to answer questions. However, they also proposed that he would feel disappointed if he faced continued detention because of his declining to answer.

[edit] Second annual Administrative Review Board hearing

A Summary of Evidence memo was prepared for his second annual Administrative Review Board on 4 September 2006.^[18]

[edit] The following primary factors favor continued detention:

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

[edit] Transcript

There is no record that Sami Al Hajj chose to participate in his second annual Administrative Review Board hearing.

[edit] Allegations

Stafford-Smith summarized the allegations from Al Hajj's Combatant Status Review Tribunal: Call for Sami Al-Haj's release from Guantanamo after lawyer provides new information, reporters without borders, April 19, 2006

• ^ Sami Al-Hajj: Case Study in War on Terror ‘Justice’, cageprisoners
• ^ Summarized transcript (.pdf), from Sami Mohy El Din Muhammed Al Hajj's Administrative Review Board hearing - page 121
• ^ ^{a b c d e f} Ben Fox, Alfred de Montesquiou. "Al-Jazeera Cameraman Still at Guantanamo", The Guardian, Friday February 23, 2007. Retrieved on [[Friday February 23]]. 
• ^ ^{a b} Call for Sami Al-Haj's release from Guantanamo after lawyer provides new information, reporters without borders, April 19, 2006
• ^ Imprisoned Al-Jazeera cameraman allegedly on hunger strike; health deteriorating. International Freedom of Expression eXchange (March 1, 2007). Retrieved on March 7, 2007.
• ^ "Calls for release of Gitmo cameraman", Press TV, Wednesday, April 18, 2007. Retrieved on April 19. 

[edit] Subsequent Administrative Review Boards

The Associated Press reported, on February 23, 2007, that Al Hajj's continued detention was recently reviewed by a subsequent Administrative Review Board.^[19] He learned that he was not one of the eighty captives who that round of Administrative Review Boards had recommended for release or transfer.

According to the Associated Press: "His colleagues at Al Jazeera claim his detention is American harassment of an Arabic TV network whose coverage has long angered U.S. officials."^[19]

The AP article quoted the comments of Lamis Andoni, an Al-Jazeera Middle East analyst, about the November 2001 and April 2003 bombings of Al-Jazeers offices: "When you are targeted once, it could be a mistake, But when you are bombed twice, it's something else."^[19]

AP reported that the director of the Joint Intelligence Group, Paul Rester, claimed: "I consider the information that we obtained from him to be useful,"^[19] — AP noted that Rester declined to offer any substantiation for this claim.

The AP article describes the Union Beverage Company as a Qatar-based company, not an Indiana-based company.^[19] It described Al Haramain as a "defunct charity", without saying that it had been shut down due to American suspicions that it had been subverted, from within, to support terrorism.

During his first Administrative Review Board hearing Sami said he was going to decline to reply to the factors, on legal advice. The article quoted Sami's lawyer, Clive Stafford Smith, addressing some of the factors:^[19]

• Smith said Sami was not a clandestine financial courier. But: "...he and his wife once carried $220,000 from Qatar to Azerbaijan for his boss at the beverage company - and that he even declared the cash to customs.
• Smith acknowledged Sami met Mamdouh Mahmud Salim: "while working for the beverage company, met Salim only once, when he was sent to pick him up at the airport in Qatar in 1998. During the drive, the two discussed schools and housing."

[edit] Health

According to reporters without borders Smith reports that Al Hajj has throat cancer that the camp authorities are withholding medical treatment.^[20] Smith reports that Al Hajj recently talked of taking his own life.

According to Reporters without Borders:^[12]

“Aside from the fact that Guantanamo Bay is a legal and humanitarian scandal, the Americans seem to be holding Al-Haj simply because they have it in for Al-Jazeera. How else can you explain the fact that he has been held for four years without being charged while other journalists have been cleared and released in no time at all ?”

The web-site http://prisoner345.net/sami-haj reports that Sami had throat cancer in 1998, which went into remission.^[11] He had been prescribed anti-cancer drugs, which he was supposed to take every day, for the rest of his life. The site reports that Sami's anti-cancer drugs have been with-held from him. The site also reports that guards shattered Sami's knee, that his injury also requires medical treatment, and that medical treatment for this injury was also being with-held.

On August 22, 2007, Clive Stafford Smith told Reporters without Borders that he had found Sami al Haj's health had seriously deteriorated on his last visit.^[21] He said that Sami al Haj looked more frail, and visibly had trouble concentrating.

On September 10, 2007 Clive Stafford Smith reported that al Hajj had been on a his current hunger strike since January 7, 2007.^[22] He reported that Al Hajj was focuessed on the worry that he would be the next captive to die. He also reported that Al Hajj was losing his ability to speak English.

On September 11, 2007, Al-Jazeera reported that Sami was suffering from depression and was losing the will to live.^[23]

On October 19, 2007, the Press Gazette reporter Sami had lost over 55 pounds since beginning his hunger strike in January. His true state of health is unknown as notes from meetings with his lawyer must be cleared by U.S. Authorities, and may not reveal specifics on his health or mental state.^[24]

Main article: Guantanamo captives medical facilities

[edit] Hunger strike

Sami Al Hajj has been on hunger strike since January 7, 2007. The Al Jazeera website has limited information on his condition but has published his demands which include;^[10]

• The right for detainees to practice their religion freely and without duress.
• Applying the Geneva Convention to the treatment of Guantanamo detainees.
• Releasing a number of prisoners from isolation confinement, and in particular one Shakir Amer that has been in continued isolation since September 2005.
• Conducting a full and fair investigation into the deaths of three prisoners who died in June 2006.
• His release or trial by a federal US court.

Zachary Katznelson, senior counsel of Reprieve, a London-based human rights group representing al-Haj, visited the cameraman at Guantanamo Bay on February 1. U.S. military officials declined to confirm whether al-Hajj was among the 12 currently on hunger strike.^[25].

On April 18, 2007 the Sudanese Minister of Justice, Mohammad Ali Al-Marazi, condemned the United States' detention of al Hajj.^[26] Al-Marazi called Al Hajj's detention an "illegal act", which ran counter to human rights. He claimed it exposed American claims of supporting human rights as "false".

[edit] Clive Stafford Smith's "Bad Men"

On April 20, 2007 the UK newspaper, The Guardian, started publishing excerpts from Clive Stafford Smith's book, "Bad Men: Guantanamo Bay and the Secret Prisons". The April 21 issue's excerpt addressed many aspects of Al Hajj's detention.^[2] According to Smith:

"Against the background of this campaign against al-Jazeera, what I learned about Sami's ongoing interrogation in Guantanamo was disturbing. In the first 100-plus sessions, the US military never posed a question about the allegations against him, as they were only interested in turning him into an informant against al-Jazeera. He had to ask them to interrogate him about what he was supposed to have done wrong."

[edit] Documentary

Al Jazeera producer Ahmad Ibrahim produced a 50 minute documentary in 2006 on Al Hajj's case, Prisoner 345.

[edit] August 15th Press briefing

On August 15, 2007 a question was asked about Al Hajj at a Department of State briefing^[27]:

[edit] Release negotiation and release

Ali Sadiq, an official with the Sudanese Foreign Ministry, stated on August 15, 2007^[28]:

"Last month, we received a memorandum from the US administration to the effect that they are considering Al Hajj's case and will hand down a final decision this month,"

"Based on this memo, we confirmed to the US administration in writing that Sami al-Hajj is an average Sudanese citizen with no extreme religious affiliations, he practices the religion like all other Sudanese citizens, and that in case he is released he will under no circumstances pose any threat to US security."

Sami Al Hajj was released on May 1, 2008 from Guantanamo Bay and flown to Sudan. He arrived in the Sudanese capital Khartoum on a US military plane in the early hours of Friday, May 2nd. Al Jazeera showed footage of him being carried into the hospital on a stretcher, looking frail but smiling and surrounded by well-wishers.^[29]

[edit] BBC Reporter's Call for Release

Alan Johnston, former Gaza Correspondent for the BBC, was abducted in Gaza City by armed gunmen from the Army of Islam and held for 113 days. During this time, Sami Al Hajj made a plea to Johnston's captors to let the journalist go.

Following his release, Johnston made a similar plea for the release of Hajj, being held by the United States Government in Guantanamo. His letter to Sami, quoted below, was released to the National Union of Journalists

"While I was kidnapped recently in the Gaza Strip fellow journalists from around the world joined the campaign mounted to try to secure my release, and of course you were among them.[...] I was particularly grateful for your contribution given your own very difficult circumstances.[...] In the light of my own experience of incarceration I am aware of how hard it must be for you and your family to endure your detention, and I very much hope that your case might be resolved soon.[...] I understand that after some five years in Guantanamo you are calling to be allowed to answer any allegations that are being made against you. And of course I would always support any prisoner's right to a fair trial."^[30]

[edit] Transliterations of Arabic name

Official documents the United States Department of Defense has released gave the latinized version of Al Hajj's name as Sami Mohy El Din Muhammed Al Hajj ^{[1][31] [14][16][32][33][34][35][36]} except for one document released in September 2007.^[18]

[edit] See also

• Jawed Ahmad
• Bilal Hussein

[edit] References

[edit] External links

• Amnesty International case sheet
• Aljazeera Guantanamo inmate 'abused', Al Jazeera, June 22, 2005
• Aljazeera interview with lawyer Clive Stafford-Smith, Al Jazeera, October 26, 2005