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<a href="http://www.counterpunch.org/worthington07022007.html" eudora="autourl">
http://www.counterpunch.org/worthington07022007.html<br><br>
</a></font><font face="Times New Roman, Times" size=4><b>July 2,
2007<br><br>
</font><h1><font size=5><b>Lt. Col. Stephen Abraham is not the First
Insider to Condemn the Kangaroo Tribunals<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">The
Guantánamo
Whistleblowers</b></font></h1><font face="Times New Roman, Times" size=5>
By ANDY WORTHINGTON<br><br>
</font><font face="Verdana" size=6 color="#990000">J</font>
<font face="Verdana" size=2>ostling for media space in the last week--and
largely losing out to spurious claims that Guantánamo is about to
close--is the story of Lt. Col. Stephen Abraham, an army intelligence
officer with 26 years' experience, who has bravely spoken out against the
Guantánamo regime. In
<a href="http://www.scotusblog.com/movabletype/archives/Al%20Odah%20reply%206-22-07.pdf">
an affidavit</a> filed with an Appeal Court petition on behalf of Kuwaiti
detainee Fawzi al-Odah, Abraham delivered a damning verdict on the
legitimacy of the Combatant Status Review Tribunals, which ran from July
2004 to March 2005, and were set up to determine whether the Guantánamo
detainees had been correctly designated as "enemy
combatants."<br><br>
Currently an army reservist and an attorney in California, Abraham worked
at Guantánamo, from 11 September 2004 to 9 March 2005, in the Office for
the Administrative Review of the Detention of Enemy Combatants (OARDEC)
as "an agency liaison, responsible for coordinating with government
agencies, including certain Department of Defense (DoD) and non-DoD
organizations, to gather or validate information relating to detainees
for use in CSRTs." He also served as a member of a CSRT, and, as he
described it, "had the opportunity to observe and participate in the
operation of the CSRT process," and he concluded from his experience
that the gathering of materials for use in the tribunals was severely
flawed, and that the whole system was geared towards rubber-stamping the
detainees' prior designation as "enemy combatants."<br><br>
Specifically, Abraham complained that the OARDEC personnel--mostly from
the military reserves--who were responsible for compiling the information
used in the "Unclassified Summary of Evidence" against each
detainee were woefully inexperienced, and that few of whom "had any
experience or training in the legal or intelligence fields." He also
complained that the tribunals' Recorders were similarly inexperienced,
and were "typically relatively junior officers with little training
or experience in matters relating to the collection, processing,
analyzing, and/or dissemination of intelligence material," and that
those who actually aggregated the information--the case writers--"in
most instances" had "the same limited degree of knowledge and
experience relating to the intelligence community and intelligence
products." Given the shortcomings of the majority of the personnel
involved, Abraham also noted that, although "large amounts of
information" were received, the workers "often had no context
for determining whether the information was relevant," and
frequently discarded information because it was "considered to be
ambiguous, confusing or poorly written," as well as
"reject[ing] some information arbitrarily while accepting other
information without any articulable rationale."<br><br>
Abraham expressed a similar disdain for the quality of the information
produced by the various government agencies, which the largely
unqualified workers were required to collate and aggregate. This
information, he wrote, frequently consisted of intelligence "of a
generalized nature--often outdated, often 'generic,' rarely specifically
relating to the individual subjects of the CSRTs or to the circumstances
related to those individuals' status," and additional information,
contained within the Detainee Information Management System and other
databases, was equally "deficient," typically "excluding
information that was characterized as highly sensitive law enforcement
information, highly classified information, or information not
voluntarily released by the originating agency." Neither the case
writers nor the Recorders, Abraham asserted, had "access to numerous
information sources generally available within the intelligence
community."<br><br>
Further proof that the gathering of information for the tribunals was not
geared towards justice and transparency came when, as "one of only a
few intelligence-trained and suitably cleared officers," Abraham was
tasked with investigating aspects of the "evidence," to confirm
"in a statement to be relied upon by the CSRT board members that the
organizations did not possess 'exculpatory information' relating to the
subject of the CSRT." When he approached the various agencies
involved, however, he discovered that he was only allowed "limited
access to information, typically prescreened and filtered," was not
permitted to request additional searches for information, and was
rebuffed when he asked for written statements confirming that there was
no exculpatory information. His experience confirmed that the agencies
were largely providing or withholding information at their own
discretion, without any process of outside scrutiny being
available.<br><br>
His bitterest experience, however, occurred when he was chosen--along
with an Air Force colonel and an Air Force major--to take part in a CSRT.
After reviewing the evidence, all three men "found the information
presented to lack substance," noting that supposedly specific
factual statements "lacked even the most fundamental earmarks of
objectively credible evidence," that statements made by alleged
witnesses "lacked detail," and that generalized statements were
presented "in indirect and passive forms without stating the source
of the information or providing a basis for establishing the reliability
or the credibility of the source." In addition, Abraham wrote that
statements by the interrogators, which were presented to the panel,
"offered inferences" from which they were "expected to
draw conclusions" that the detainee was an "enemy
combatant," but that when they subjected these statements to even
the most cursory of questions, the Recorder's only response was,
"We'll have to get back to you."<br><br>
Based on the "paucity and weakness of the information provided both
during and after the CSRT hearing," Abraham and his colleagues duly
determined that there was "no factual basis" for concluding
that the detainee was an "enemy combatant," but that was not
the end of the story. The director and deputy director of OARDEC
"immediately questioned the validity" of the decision, ordering
the tribunal members to prepare statements containing the specific
questions they had raised to enable the Recorder to provide "further
responses," and reopening the hearing to allow the Recorder to
"present further argument." Refusing to bow to the pressure,
Abraham and his colleagues failed to change their determination, and as a
result, as he declared in a pithy conclusion to the affidavit, "I
was not assigned to another CSRT panel." He pointed out, however,
that OARDEC's response to the decision was "consistent with the few
other instances" when the rigged system had been bucked. In meetings
attended by Abraham that followed the sporadic decisions that detainees
were not "enemy combatants"--there were only 38 in total, out
of 558 CSRTs--he wrote that the focus of inquiry was always "what
went wrong."<br><br>
Speaking after the affidavit was first publicized, Abraham said that he
had first raised his concerns about the tribunals during his time at
Guantánamo, but had decided to submit the affidavit because "the
issues were not adequately addressed." He told the Associated Press,
"I pointed out nothing less than facts, facts that can and should be
fixed," adding that he had a responsibility to point out that
officers "did not have the proper tools" to determine whether a
detainee was in fact an "enemy combatant," and explaining,
"I take very seriously my responsibility, my duties as a
citizen." David Cynamon, one of al-Odah's lawyers--who was put in
contact with Abraham by his sister, after she attended a public lecture
on Guantánamo given by Cynamon and his colleagues--described Abraham's
affidavit as "prov[ing] what we all suspected, which is that the
CSRTs were a complete sham," while adding that he feared that his
courage was "probably an assurance of career suicide."
Cynamon's colleague, Matthew J. MacLean, who pointed out that Abraham was
the first CSRT member who has been identified, let alone been willing to
criticize the tribunals in the public record, declared, "It wouldn't
be quite right to say this is the most important piece of evidence that
has come out of the CSRT process, because this is the only piece of
evidence ever to come out of the CSRT process. It's our only view into
the CSRT."<br><br>
In fact, MacLean's comments were not entirely accurate. Whilst it's
certainly true that Abraham was the first ex-tribunal member to criticize
the CSRT process in public, his is not the first reported example of
dissent amongst tribunal members. In September 2006,
<a href="http://www.boston.com/news/nation/washington/articles/2006/08/31/detentions_over_charity_ties_questioned/">
in a Boston Globe article</a>, Detentions over charity ties questioned ,
Farah Stockman reported on the case of Adel Hassan Hamad, a Sudanese
hospital administrator, who was captured in May 2002 in Pakistan--where
he had been working for 17 years--and sold to the American forces. In his
CSRT, Hamad was judged to be an "enemy combatant" because of
exactly the kind of "generic" allegations described by Lt. Col.
Abraham. The Saudi charity he worked for, the World Assembly of Muslim
Youth, was described as an organization that "supports terrorist
ideals and causes," even though it has never appeared on a terrorism
watchlist (despite being investigated by the US Senate), and was one of
the favored projects of the late Saudi King Fahd bin Abdul Aziz, and
another organization that he had worked for previously, the Kuwait-based
Lajanat Dawa Islamiya (which also does not feature on any US terrorism
watchlist), was described as "one of the most active" Islamic
NGOs "providing logistical and financial support" to mujahideen
operating in Afghanistan and Pakistan, which "may be"
associated with Osama bin Laden.<br><br>
An exasperated Hamad refuted all the allegations, at one point telling
his tribunal, "arresting employees like myself [who] is not capable
of supporting terrorists financially, is this justice? I am an employee
who works for a living and I have no connection to the [organization's]
political views or its financial resources, so why do you punish me for a
crime I did not commit. Why don't you arrest the charities' presidents or
the people who support [them] financially instead of arresting a simple
employee with no informational value?" Predictably, his tribunal
judged that he had been correctly designated an "enemy
combatant," but although his pleas appeared to have been ignored,
Stockman, who was allowed to examine the CSRT documentation, noted that
one of the tribunal members--an unidentified army major, whose name was
redacted--had issued a dissenting opinion. Taking into account the fact
that neither WAMY nor LDI appears on the State Department's list of
terrorist organizations, he argued that, "even assuming all the
allegations... are accurate, the detainee does not meet the definition of
enemy combatant." He added, "These NGOs presumably have
numerous employees and volunteer workers who have been working in
legitimate humanitarian roles. The mere fact that some elements of these
NGOs provide support to "terrorist ideals and causes" is
insufficient to declare one of the employees an enemy combatant."
Stockman noted, however, that the major was overruled by his colleagues,
one of whom--in a single line that discredits the whole tribunal process
as effectively as Lt. Col. Abraham's affidavit--wrote that the case
"passed the 'low evidentiary hurdle' set up by the rules of the
hearings."<br><br>
In two other cases, the dissenting officer was not a tribunal member, but
the detainees' Personal Representative. In a majority of the CSRTs, the
Personal Representative fulfilled his intended function as a pale shadow
of a legitimate defense counsel, failing to "participate in any
meaningful way," as Lt. Col. Abraham noted of the Personal
Representative in his tribunal. In February 2006, however, in two
articles for the National Journal,
<a href="http://nationaljournal.com/about/njweekly/stories/2006/0203nj1.htm">
Guantánamo's Grip </a>and
<a href="http://nationaljournal.com/about/njweekly/stories/2006/0203nj4.htm">
Empty Evidence</a> , Corine Hegland reported the story of an unidentified
lieutenant colonel in the army (whose name was also redacted), who fought
a brave, if unsuccessful battle for two of his detainees. Along the way,
however, he demolished the tribunals' legitimacy even more
comprehensively than either Lt. Col. Abraham or Adel Hamad's dissenting
major.<br><br>
The first case--that of Farouq Saif, a young Yemeni who went to
Afghanistan to teach the Koran--is particularly noteworthy because Saif
was judged as an "enemy combatant" because of two false
allegations. The first--that he was a bodyguard of Osama bin Laden--was
directed at 30 detainees in total, and was made under duress, and later
retracted, by Mohammed al-Qahtani. One of several purported "20th
hijackers" for the 9/11 attacks, al-Qahtani made the allegations
during a seven-week period, from November 2002 to January 2003, when he
was subjected to Pentagon-approved "extreme interrogation
techniques" (otherwise known as torture). The second
allegation--that Saif had been seen at Osama bin Laden's private airport
in Kandahar, where he was "wearing camouflage and carrying an
AK-47"--proved so intolerable to his Personal Representative that he
submitted a written protest, in which he stated that the government's
sole evidence that Saif had been at bin Laden's airport was the statement
of another prisoner, who, according to an FBI memo that he presented to
the tribunal, was a notorious liar. According to the FBI, he "had
lied, not only about Farouq, but about other Yemeni detainees as well.
The other detainee claimed he had seen the Yemenis at times and in places
where they simply could not have been." The Personal Representative
wrote, "I do feel with some certainty that [the accuser] has lied
about other detainees to receive preferable treatment and to cause them
problems while in custody. Had the tribunal taken this evidence out as
unreliable, then the position we have taken is that a teacher of the
Koran (to the Taliban's children) is an enemy combatant (partially
because he slept under a Taliban roof)."<br><br>
The "notorious liar" actually made false allegations against 60
prisoners in total, as was revealed after the tribunal of Mohammed
al-Tumani. A young Syrian economic migrant, who had traveled to
Afghanistan with other family members to join his father in Kabul, where
he was working as a cook, al-Tumani and his father were captured in
Pakistan after fleeing the chaos of post-invasion Afghanistan. In his
tribunal, he denied an allegation that he had attended the al-Farouq
training camp with such vigor that his Personal Representative decided to
investigate the matter further. When he looked at the classified
evidence, however, he found that only one man--the same detainee
mentioned above--claimed to have seen him at al-Farouq, and had
identified him as being there three months before he arrived in
Afghanistan. As Corine Hegland described it, "The curious US officer
pulled the classified file of the accuser, saw that he had accused 60
men, and, suddenly skeptical, pulled the files of every detainee the
accuser had placed at the one training camp. None of the men had been in
Afghanistan at the time the accuser said he saw them at the
camp."<br><br>
The identity of the other 58 detainees falsely accused by the
"notorious liar" are unknown, as the dissenting officer
involved in unveiling this monstrous injustice--perhaps unwilling to risk
"career suicide"--has not come forward to elaborate, but in my
forthcoming book, The Guantánamo Files , I report on numerous other
examples of patently false allegations masquerading as
"evidence," which were ignored by compliant tribunal members
accepting the "low evidentiary hurdle" of the process. While I
wait to see if Lt. Col. Abraham's principled stand will encourage other
insiders to speak out, it's worth pointing out that Adel Hamad, Farouq
Saif and Mohammed al-Tumani remain in Guantánamo. Hamad has finally been
judged to be "No Longer an Enemy Combatant" and is awaiting
release, but Saif and al-Tumani are still damned by the false confessions
of a "notorious liar."<br><br>
<b>Andy Worthington</b>
(<a href="http://www.andyworthington.co.uk/">www.andyworthington.co.uk</a>
) is a British historian, and the author of 'The Guantánamo Files: The
Stories of the 774 Detainees in America's Illegal Prison' (to be
published by Pluto Press in October 2007).<br>
He can be reached at:
<a href="mailto:andy@andyworthington.co.uk">andy@andyworthington.co.uk</a>
<br><br>
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