<html>
<body>
<font size=3>
<a href="http://www.counterpunch.org/worthington09012007.html" eudora="autourl">
http://www.counterpunch.org/worthington09012007.html<br><br>
</a></font><font face="Times New Roman, Times" size=4><b>September 1 / 2,
2007<br><br>
</font><h1><font face="Times New Roman, Times" size=5><b>The Tale of
Tunisian Belmarsh Detainee Hedi Boudhiba, Extradited, Cleared and
Abandoned in Spain<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">
Britain's
Guantánamo</b></font></h1><font face="Times New Roman, Times" size=5>By
ANDY WORTHINGTON<br><br>
</font><font face="Verdana" size=6 color="#990000">T</font>
<font face="Verdana" size=2>he story of Hedi Boudhiba, a 46-year old
Tunisian, who has been abandoned in Spain after being extradited from the
UK and cleared of all charges against him in the Spanish National Court,
calls into doubt the quality of British and pan-European intelligence
about activities related to terrorism, and also raises uncomfortable
questions about the apparent absence of human rights safeguards in the
"fast-track" extradition agreements for terror suspects that
have been negotiated between various countries in the European
Union.<br><br>
A refugee, who fled persecution in the country of his birth, where he was
tortured, and where the dictatorship presided over by Zine El Abidine Ben
Ali has long waged a dirty campaign of intimidation, imprisonment and
torture against even moderate political and religious opponents, Boudhiba
was arrested at Liverpool's John Lennon Airport, en route to Barcelona,
on 20 August 2004. Held for 20 months in the notorious Belmarsh prison in
south-east London, which gained a reputation as Britain's own Guantánamo,
because of the number of Muslim terror suspects held there without charge
or trial, he suffered from psychosis and depression, and on one occasion
attempted to commit suicide by slashing his throat and forearm. Speaking
at the time, Boudhiba said, "Here I am tortured mentally and I
suffer every day and I can't find help from anyone. When I'm ill they
don't send me to hospital."<br><br>
While in Belmarsh, Boudhiba was interviewed not only by British
intelligence agents, but also by representatives of the American,
Portuguese and German authorities. Despite allegations that he was part
of a terrorist network linked to 9/11, that he was involved in providing
funding for fighters in Iraq, and that he was also involved in the
now-discredited ricin plot in Britain, the British, American, Portuguese
and German authorities all declined to either prosecute him or seek his
extradition, but he became ensnared by the rules of the new,
"fast-track" European Arrest Warrant--which eases the
extradition of suspects between EU countries--after the Spanish
authorities also turned up to interview him, and he refused to speak to
them. <br><br>
His lawyer, Julian Hayes, explained that, having previously spoken to
representatives of the four countries mentioned above, Boudhiba said,
"well, I've spoken to all these other authorities, you can see what
I've said to them and I don't frankly want to speak to you about
it," and added that, as a result, "one has to question the
validity of that particular warrant." Questioned for the BBC by
Gerry Northam, who asked, "Are you saying that you suspect the
Spanish are on a fishing trip and they just want to pull him in too see
what he knows?" Hayes replied, "That is the suspicion,"
and countered Northam's follow-up question, "Well, why not let them
fish?" by pointing out that "there's been a free flow of
information between these authorities and the Spanish can easily obtain
that information."<br><br>
Despite assurances that the "fast-track" extradition programme
would live up to its name, it took 20 months until Boudhiba was
extradited to Spain. When he lost an appeal in the High Court in April
2006, Julian Hayes again complained, pointing out, "We have no
guarantees given to us by the Spanish authorities that he would be
allowed to stay in their country," and adding that Boudhiba ran the
risk of being returned to Tunisia, "where at the very least he'll be
tortured and at the very worst he'll be killed." <br><br>
Speaking at the time, Boudhiba reinforced his lawyer's complaints,
saying, "They want to extradite me to Spain, as they could not find
anything against me. The Spanish police could send me to Tunisia, and
once I arrive in Tunisia, they can torture me and do to me whatever they
like." Denying the allegations against him, he added, "I swear,
I have done nothing bad to anyone. I am not a terrorist. They want to
accuse me no matter what, I can't understand why. Is it because I am a
Muslim or because I knew some people, and they have suspicions against
these people? This isn't justice. This is not a war against terrorists;
this is a war against Muslims."<br><br>
Once in Spanish custody, where, as CBS News reported in January 2005, the
Spanish anti-terror judge Baltasar Garzon claimed that he had travelled
from Hamburg to Istanbul a week before 9/11 with a member of the Hamburg
cell run by lead hijacker Mohammed Atta, Boudhiba effectively disappeared
off the radar, only to resurface a few days ago, when Marianne Kremer, a
human rights activist in Luxembourg, who is in contact with him, emailed
me to request assistance.<br><br>
Kremer reported that, after being held for 15 months in Spain, where he
was unable to contact his family and was, on one occasion, set upon by
another prisoner who bit off part of his nose (after which the
authorities promised him plastic surgery, but failed to do so), Boudhiba
was acquitted in July of all the charges against him in the Audiencia
Nacional (Spain's National Court), but was then "simply released
from prison near Madrid with no money, no place to stay, and no
passport." She explained that Boudhiba's passport is still held at
the Audiencia Nacional (and that everyone there is on vacation). As a
result, despite being cleared, he has been reduced to something akin to a
"ghost" presence in Spain, having not yet received an
"official written verdict" from the trial, and is unable even
to receive donations because the court still holds his passport.
<br><br>
While this seems to me to be a rather shocking indictment of the ways in
which the European Arrest Warrant has facilitated the movement of
unwanted refugees around Europe without any oversight regarding the
justice of their treatment, Kremer added a more worrying postscript,
noting that Boudhiba remains terrified that the Spanish authorities, with
the collusion of the British government, will attempt to return him to
Tunisia. She reports that, during his extradition trial in the UK,
"the Spanish Prosecutor Pedro Rubira signed a document stating that
the Spanish cannot deport Hedi to a third country without the consent of
the UK authorities." <br><br>
Although the BBC reported in October 2005 that Home Office minister Andy
Burnham, citing Boudhiba's case, pledged that extradited suspects would
"remain absolutely protected from the death penalty or
torture," and that<b> </b>the British government "would not
permit anyone it had surrendered to another European state to be sent on
to a country which violated these human rights," recent cases make
it clear that, despite these apparent assurances, the British government
is at the forefront of attempts to return unwanted refugees to countries
where they face the risk of torture or death, having signed worthless
"memoranda of understanding" with Jordan and Libya, allegedly
guaranteeing the "humane" treatment of returned suspects, and
having entered a similar agreement with the Algerian government.
<br><br>
In April and July, attempts by the UK government to return two Libyans
and three Algerians--held without charge or trial in the UK--were turned
down by the Special Immigrations Appeal Court (SIAC) and by appeal court
judges, who ruled that all five faced the risk of torture, but the United
States, another partner in this concerted effort to bypass international
safeguards preventing the return of inconvenient individuals to countries
where they face torture, recently opened a new front in this unprincipled
diplomatic game by entering into a similar agreement with Tunisia.
<br><br>
In June, two Tunisian detainees in Guantánamo, Abdullah bin Omar and
Lofti Lagha--cleared for release by a military review board, which had
concluded that they no longer represented a threat to the United States
and no longer had any intelligence value--were returned to the country of
their birth, where they were promptly imprisoned, and where, according to
human rights observers, bin Omar "has already been tortured, and has
been told that if he does not confess falsely to crimes, his wife and
daughters will be raped."<br><br>
As he paces the streets of Madrid, awaiting the return of his passport,
Hedi Boudhiba--finally liberated after three years of imprisonment based
on "evidence" obtained through hearsay or torture that has
evaporated like a mirage --must be hoping that his persecution is now at
an end, and that he, unlike Abdullah bin Omar, is not destined to become
what bin Omar's lawyer, Zachary Katznelson of the London-based legal
charity Reprieve, described as "a guinea pig in a potentially deadly
diplomatic experiment."<br><br>
<b>Andy Worthington</b>
(<a href="http://www.counterpunch.org/http://www.andyworthington.co.uk/">
www.andyworthington.co.uk</a>) is a British historian, and the author of
'<a href="http://www.counterpunch.org/http://www.amazon.com/exec/obidos/ASIN/0745326641/counterpunchmaga">
The Guantánamo Files: The Stories of the 774 Detainees in America's
Illegal Prison'</a> (to be published by Pluto Press in October
2007).<br>
He can be reached at:
<a href="http://www.counterpunch.org/mailto:andy@andyworthington.co.uk">
andy@andyworthington.co.uk</a><br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>