Murat Kurnaz

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Murat Kurnaz
Born:	March 19, 1982(1982-03-19) Bremen Germany
Detained at:	Guantanamo
Alias(s):	Murat Karnaz
ID number:	053
Conviction(s):	no charge, held in extrajudicial detention
Status	Transferred to Germany

Murat Kurnaz (born March 19, 1982 in Bremen, Germany) was held in extrajudicial detention and claims to have been tortured^[1] at the U.S. military base in Kandahar, Afghanistan and in the U.S. military prison at Guantanamo Bay Naval Base, Cuba for four years. Kurnaz, a Turkish citizen and legal resident of Germany, was in the process of becoming a German citizen when he was arrested in Pakistan in late 2001. His detainee ID number was 053.^[2] After being imprisoned for five years he was released and arrived in Germany August 24, 2006.^[3] On May 20, 2008 Kurnaz became the first former Guantanamo detainee to testify before the U.S. Congress, which he did from Germany via videolink.^[4]

In late 2004, the Bush Presidency was forced to openly review the status of the Guantanamo detainees, and make a determination whether they should have been classified as enemy combatants.

Kurnaz was one of the detainees with enough legal assistance to challenge the legality of his review in a Washington, D.C. court. Both German investigators, and United States Army investigators failed to find any evidence of a tie between Kurnaz and Al-Qaeda or any involvement in any terrorist activities. The three officers who reviewed his case asserted that they had classified evidence that established his guilt, but never disclosed this evidence to Kurnaz, his attorneys, or to the public.

Shortly before March 27, 2005, apparently through an administrative slip-up, the evidence against Kurnaz was declassified. Much of the evidence therein was exculpatory, but an unsigned, unsupported memo suggested guilt.

One allegation was that he was traveling to Pakistan with Selcuk Bilgin. Selcuk Bilgin is not a suspect in a bombing, possibly the 2003 Istanbul Bombings as is sometimes written in newspapers. During his reviews, Kurnaz was erroneously informed by the interrogators that Bilgin had been "engaged" in a suicide bombing, and asked him to describe his relationship to Bilgin. ^[5] Kurnaz denied having any knowledge of Bilgin's involvement in a suicide bombing, and denied knowing anybody who ever discussed committing an act of terrorism. Kurnaz's denials are supported by the fact that Bilgin is alive and living in Germany, and was never implicated in a bombing.

Kurnaz is one of the detainees who has alleged that he was subject to interrogation techniques that included suffocation by drowning, sexual humiliation, beatings, heat or cold and the desecration of his religion.

According to a German news source he had also been denied the right to return to Germany, as his 'indefinite residence permit' had expired due to his being out of the country for more than six months. (As the child of 'guest workers' he is not afforded full German citizenship, however, by being born in Bremen, is granted an 'indefinite residence permit' there) This ruling by the Foreign Office was overturned by the regional administrative court of Bremen on 30 November 2004, stating that due to his incarceration in Guantanamo he had been unable to apply for an extension of his 'leave permit' and was thus still eligible to return to Germany.

On December 14, 2005 it was confirmed that officials of the German foreign and domestic intelligence agencies (Bundesnachrichtendienst and Bundesamt für Verfassungsschutz) had participated in the interrogation of Kurnaz at least once during a stay at the Guantanamo Bay camps between September 21 and September 27, 2002. This is of legal significance, as German authorities are forbidden from assisting in the legal process of a foreign nation if the punishment from that process can result in the death penalty, or if the legal process fails to meet certain standards of fairness. The detainees in Guantanamo Bay were potentially capable of being executed following their trials, and debates abound regarding the fairness of the process.

According to a December 22, 2005 story by United Press International, a brief stay at a Tablighi Jamaat hostel led to the decision to capture Kurnaz.^[6]

[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.^[7] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[8]

Wikisource has original text related to this article:

Summarized Sworn Detainee Statement (ISN 061, September 30 2004)

Initially the Bush Presidency 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 Presidency's definition of an enemy combatant.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Murat Karnaz's Combatant Status Review Tribunal, on 22 September 2004.^[9] The memo listed the following allegations against him:

a. The detainee is a member or ally of Al Qaida or its network:

1. The detainee admitted he traveled from Frankfurt, Germany to Kurachi ^[sic] , Pakistan (via plane), to Islamabad, PK (via plane), and to Lahore, PK (via bus) ^[sic] unnamed village (vic ^[sic] of Peshawar, PK) and attempted travel back to Peshawar when he was arrested and brought into custody.
2. The timeline associated with the detainee is as follows: Became associated with an Islamic missionary group named Jamayat Al Tabliq ^[sic] in June 01, US is attacked on 11 September 01, travels to PK on 3 October 01, continues travels until his capture.
3. Detainee is a close associate with, and planned to travel to PK with, an individual who later engaged in a suicide bombing. Bilgin possibly is the Elalanutus suicide bomber.

b. The detainee participated in activities with a group that is part of the Al Qaida network.

1. The detainee stated he received free food, lodging and schooling from an NGO known to support terrorist acts against the United States while traveling in PK. He was sponsored by this NGO.
2. The detainee admitted that the school in Lahore, PK was run by this NGO, specifically the NGO President.

[edit] Transcript

Kurnaz participated in a Combatant Status Review Tribunal on October 4, 2004.^[10] On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcripts from his Combatant Status Review Tribunal.^[11]

The tribunal that examined the case against Kurnaz lasted for forty minutes.

[edit] Murat Karnaz v. George W. Bush

A writ of habeas corpus, Murat Karnaz v. George W. Bush, was submitted on Murat Karnaz's behalf.^[12] In response, on 15 October 2004, the Department of Defense published 32 pages of unclassified documents related to his Combatant Status Review Tribunal.

On 30 September 2004 Tribunal panel 5 confirmed his "enemy combatant" status.^[12]

[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".^[13]

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.^[14] 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.

[edit] First annual Administrative Review Board

A Summary of Evidence memo was prepared for Murat Karnaz's first annual Administrative Review Board, on 12 October 2005.^[15] The memo listed factors for and against his continued detention.

[edit] Transcript

During March 2006 the Department of Defense started to comply with a court order from US District Court Justice Jed Rakoff.^[16] They released a portable document format file that contained the transcript of Kurnaz's hearing.

The transcript from Kurnaz's hearing is 10 pages long.^[17] 75 pages of evidence was classified secret and was omitted from the release,^[18] 43 pages of unclassified evidence was released with the transcript of his hearing.

The unclassified evidence includes:

• A letter to the Board from Baher Azmy, a professor of law at Seton Hall University.^[19] This three page letter summarizes the criticisms Justice Joyce Hens Green had of Kurnaz's CSRT. Several paragraphs of this letter were redacted. And although Justice Green's judgement was enclosed, it was not included with the released transcript.
• A letter from Kurnaz's mother, kid brothers and other people who had known Kurnaz for significant periods of time.^[20]
• An affidavit from Selcuk Bilgin, the friend who was supposed to be his connection to a suicide bomber.^[21] Bilgin confirms that he was not a suicide bomber, that he didn't know any suicide bombers, or anyone with any connection to terrorism.
• A letter from the office of the Bremen prosecutor to Bilgin's lawyer. The letter states: “I have received no question at all (either written or by telephone) from US authorities attempting to obtain confirmation that your client was involved in a suicided attack and/or lost his life in a suicide attack.”
• A letter from Qamar-ul Huda to Baher Azmy.^[22] Huda is a Professor of Islamic Studies and Comparative Religion at Boston College. His three page letter on the history of the Jama'at al-Tablighi, the group Kurnaz's documents list as his terrorist connection, states: “From the very beginning the Jama’at al-Tablighi has deliberately distanced itself from politics, political activities, and political controversies.”
• A letter to Baher Azmy from Barbara D. Metcalf,^[23] Metcalf is the Director of the Center for South Asian Studies and the Alice Freeman Palmer Professor of History at the University of Michigan. Metcalf addressed the benevolent nature of Tablighi pilgrimages. She wrote: “I will also attempt to explain why it is implausible to believe that the Tablighis support terrorism or are in any way affiliated with other terrorist or ‘jihadi’ movements such as the Taliban or Al Qaeda.”
• A letter to Baher Azmy from Jamal J. Ellias.^[24] Ellias is a Professor of Religion at Amherst College. He wrote: “I must emphasize this last point, that the Tablighis formally and actively believe that traveling to engage in missionary activity fully discharges any religious obligation to engage in Jihad.”

[edit] Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Murat Karnaz's second annual Administrative Review Board, on 28 June 2006.^[25] The memo listed factors for and against his continued detention.

[edit] Transcript

Murat Karnaz did not choose to attend this hearing.^[26] He did give his responses to the factors to his Assisting Military Officer during a pre-hearing interview. And his Assisting Military Officer did present these responses to to the Board during the unclassified session of the hearing.

However the Department of Defense did not publish a transcript from the hearing's unclassified session.

[edit] Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.^[26][27] The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his transfer on 8 July 2006.

[edit] Release

On February 12, 2006 Deutsche Welle reported that Kurnaz's lawyers were hopeful that German authorities were on the brink of negotiating Kurnaz's repatriation.^[28] It speculated that the Americans would agree to the release on the condition Kurnaz be subjected to constant surveillance.

The German magazine Focus reported that the Bush administration is trying to tie the release of Kurnaz to an agreement from Germany to accept four other Guantanamo detainees.^[29] The USA has cleared approximately 120 detainees for release - or transfer. However, many of them cannot be returned to their countries of origin because they are likely to face retaliation from their governments.

The German and American governments have denied that Kurnaz's release has been tied to Germany accepting other detainees.^[29] Focus says that the German government has agreed to accept one other detainee, not four, and that the Americans have not informed the German government of the identity of the other men it wants them to accept.

Kurnaz was released on August 24, 2006, and - like other released Guantanamo captives - was flown home in shackles, wearing a muzzle, opaque goggles and sound-blocking ear-muffs.^[30] Kurnaz was reported to have been denied food and water during the entire seventeen hour flight.

[edit] German soldiers investigated

Kurnaz alleges that, while in American detention in Kandahar, German soldiers were allowed to interrogate him.^[31] According to an article by the United Press International Kurnaz picked out the picture of his interrogator from 60 photos he was shown of members of the German military's elite KSK unit. Deutsche Welle and Reuters report Kurnaz was shown 48 photos of members of the KSK unit, only 14 of whom were in Kandahar in January 2002, the time of the alleged abuse.^[32][33][34]

Kurnaz alleges the soldier grabbed him by hair and smashed his head into the ground.^[31][32][33] The International Herald Tribune reports that, in addition, the soldiers kicked Kurnaz.^[35] UPI reports that the soldiers are accused of "aggravated assault". Deutsche Welle and Reuters quoted German prosecutors, stating: "Both suspects are accused of grievous bodily harm while on duty," According to Kurnaz the men wore German uniforms, and spoke German with him:

"They asked me if I knew who they were and then they said, 'We are the KSK,' I thought they would have some questions and that they could help me, but they told me I had chosen the wrong side,"

The German Ministry of Defense had, initially, denied that the KSK was in Afghanistan at that time.^[31][32][33] But they now acknowledge that the KSK was in Kandahar, and had contact with Kurnaz, after interviewing members of the KSK.

A German Parliamentary inquiry is investigating the extent to which German military and counter-terrorism authorities took advantage of the American extraordinary rendition program.^[31][32][33]

[edit] Release planned for 2002

Wikisource has original text related to this article:

Memorandum from FBI to DoD Re: Administrative Review of Enemy Combatant 61, 05/31/2006

Wikisource has original text related to this article:

Updated Assessment and Recommentation to redacted in the Case of Detainee ISN 0061

Kurnaz's lawyer sued the DoD and more of the documents from his dossier have been made public.^[36] One of the documents was a 2002 memo that stated Kurnaz had been cleared of suspicion, and that his release was planned for September 30, 2002.^[37]

The Washington Post republished one of the newly released documents, written by David B. Lacquement, a senior officer in Military Intelligence.^[38] Among the justifications for considering Kurnaz an enemy combatant:

• He joked about explosives being present in items.
• He had covered his ears and tried to pray when the American anthem was being played;
• He had expressed contempt for US leaders;
• He has mocked the Guard's monitoring logs, by telling a guard to record that he had eaten his whole meal, when he had only eaten an apple.
• That the attack on 9/11 was in the Koran and approved as an attack against infidels.

Pentagon spokesman Commander Jeffrey Gordon wouldn't discuss whether the DoD now acknowledges Kurnaz was innocent, but he "...stressed that a substantial amount of information about Kurnaz remains classified."^[36]

[edit] Denial into US

Kurnaz was denied a US visa because he is still considered an enemy.

[edit] See also

• Khaled El-Masri

[edit] Biography

• (German) Murat Kurnaz: Fünf Jahre meines Lebens. Ein Bericht aus Guantánamo (Five Years of My Life: A Report from Guantánamo). Rowohlt, Berlin April 2007. ISBN 978-3-87134-589-0
• (French) Murat Kurnaz: Dans l'enfer de Guantanamo. Paris, Fayard, 2007. 306p. ISBN 9782213634258
• (Norwegian) Murat Kurnaz: Fem år av mitt liv : en beretning fra Guantanamo. Oslo, Norway, 2007. ISBN 978-82-92-62233-9
• Murat Kurnaz - Five Years of My Life: An Innocent Man in Guantanamo, Palgrave Macmillan, April 2008. http://www.palgrave.com/products/title.aspx?PID=287243

[edit] External links

Wikinews has related news:

Guantanamo inmate Murat Kurnaz transferred to Germany and released

• The German BKA Dossier on Murat Kurnaz (In English) World Politics Review Jun 21, 2007
• Detainees Accuse Female Interrogators: Pentagon Inquiry Is Said to Confirm Muslims' Accounts of Sexual Tactics at Guantanamo Washington Post, February 10, 2005
• Panel Ignored Evidence on Detainee: U.S. Military Intelligence, German Authorities Found No Ties to Terrorists, Washington Post, March 27, 2005
• "Bremer Taliban" darf in Hansestadt zurückkehren, tagesschau, "'Bremen-Taliban' allowed to return to hometown" November 30, 2005
• "Bremen Taliban" Celebrates Small Legal Victory, Deutsche Welle, December 2, 2005
• Verhör in Guantánamo, n-tv, December 15, 2005
• Murat Kurnaz Blog (in German)
• Evidence Of Innocence Rejected at Guantanamo Washington Post, December 5, 2007
• AlterNet: Rights and Liberties: Disappeared: Five Years in Guantanamo. Retrieved on 2007-07-07.
• Testimony of Murat Kurnaz at Congressional Hearing. Retrieved on 2008-05-24.

[edit] References