Bisher Amin Khalil al-Rawi
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Bisher Amin Khalil Al-Rawi is an Iraqi citizen who was held in the Guantanamo Bay detention camp, and is a plaintiff in Mohamed et al. v. Jeppesen Dataplan, Inc. as well as British lawsuits. He was released on April 3, 2007.[1] There were multiple reports that he was a British Security Service|MI-5 informant, who agreed to help MI-5 officials monitor an Islamic cleric named Abu Qatada, when he tried to go underground.[2] U.S. news media also reported the MI5 relationship after the release of documents from detainees' Combatant Status Review Tribunals. [3] In Jeppesen, his attorneys stated he detained by, in November 2002, by local intelligence in Gambia, questioned there by CIA and Gambian personnel for two weeks, then flown to Afghanistan where he was held for two months. He was then flown to Guantanamo on February 7, 2003, but then returned to the U.K. on March 30; no charges were ever filed against him. [4] Guantanamo interrogation and hearingsOne of Al Rawi's lawyers, Brent Mickum, described the use of several methods of interrogation listed in Intelligence interrogation, U.S., George W. Bush Administration/Catalogs|moderate to harsh "counter-resistance" methods. One, removal of comfort items interrogation techniques [5] including restriction of toilet paper, which was eliminated when he tried using sheets of toilet paper to block continuous light, one of the Environmental Manipulation interrogation techniques. Describing what appears to be cold temperature interrogation techniques, his prayer rug was confiscated when he tried to use it as a blanket. Summary of Evidence memoAt his Combatant Status Review Tribunal, the Summary of Evidence memo listed:[6]
He chose to speak to the Combatant Status Review Tribunal.[7] Much of the questioning focused on his relationship with a Muslim cleric called Abu Qatada, who asked him for small favours, translating for him when he looked for an apartment, small home repairs, and on a few occasion over three or four years he agreed to transfer money to Abu Qatada's father in Jordan. al-Rawi was accused of helping Abu Qatada hide from British authorities. Al-Rawi replied that it had appeared to him that the cleric was living openly, and he had no way of knowing that the other man was wanted. He said he became aware that Al Qatada's name was linked to Al-Qaeda, only after September 11, 2001. The Tribunal concluded that Al-Rawi had been properly classified as an "illegal combatant". Administrative Review Board hearingsAt his first Administrative Review Board (ARB) hearing on 1 December 2005, the summary of evidence listed 19 "primary factors favoring continued detention" and five "primary factors favoring release or transfer". [8] At his second ARB on 22 August 2006, 19 "primary factors favoring continued detention" and four "primary factors favoring release or transfer" were given.[9] Repatriation requestThe UK newspaper The Independent reported on March 23, 2006 the UK Foreign Minister Jack Straw acknowledged that the UK government had made representations to the United States for Al Rawi's release.[10] His attorney said had opened negotiations with the USA in order to avoid making public MI-5 files during hearings over the UK's involvement in his capture by the Americans. The Guardian reported, on April 20, 2006, that the British Foreign Office formally requested that Al Rawi be freed to return to Britain.[11] On October 3, 2006, The Times reported that the United States had agreed, in confidential talks in June 2006, to return all nine of the British residents held in Guantanamo — but only under stringent conditions.[12] The conditions the U.S. stipulated included round the clock surveillance, and the U.K. government considered the condition too expensive.[13] The Times reports that the U.K. government was only interested in the return of Al Rawi, because of his cooperation with MI-5. "Although the men are accused of terrorist involvement, British officials say that there is not enough evidence to justify the level of surveillance demanded by the US and that the strict conditions stipulated are unworkable and unnecessary."[12] Release negotiationOn March 29, 2007, UK Foreign Secretary Margaret Beckett announced that the UK Government had negotiated al-Rawi's return from Guantanamo.[14] According to the Associated Press Beckett issued a statement to Member of Parliament (UK)|Parliament which said: "We have now agreed with the U.S. authorities that Mr. al-Rawi will be returned to the U.K. shortly, as soon as the practical arrangements have been made, This decision follows extensive discussions to address the security implications of Mr. Al-Rawi's return." Al-Rawi's home, in Britain, is in Beckett's constituency. Civil suitsOn August 1, 2007 Bisher al Rawi joined Mohamed et al. v. Jeppesen Dataplan, Inc.. On April 19 2008, Al Rawi, and seven other UK citizens or legal residents of the UK sued the UK government for its role in their apprehension by the US forces.[15] References
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