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Context of 'Spring 2004: Nabil Al-Marabh Apparently Secretly Jailed in Syria'

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A Yemeni name Jamal Mohamed Alawi Mar’i is arrested in Karachi, Pakistan, on September 23, 2001. He is accused of working for the Wafa Humanitarian Organization, which the US will officially ban the next day (see September 24, 2001). He is handed over to US officials, who fly him to Jordan by the end of the month. He is held there for four months and then transferred to the Guantanamo prison. He is possibly the first post-9/11 US rendition. [Grey, 2007, pp. 280]

Entity Tags: Wafa Humanitarian Organization, Jamal Mohamed Alawi Mar’i

Timeline Tags: Torture of US Captives

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali  Khan, right.Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali Khan, right. [Source: Associated Press]The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]

Entity Tags: Nabil al-Marabh, Al-Qaeda, Mohammed Azmath, Syed Gul Mohammad Shah, Zacarias Moussaoui, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In November 2001, US police called Nabil al-Marabh one of their top five suspects in the 9/11 attacks. [Toronto Sun, 11/23/2001] In mid-January 2002, Canadian police call him “the real thing.” [Toronto Sun, 11/23/2001] In late January 2002, it is reported that in Chicago, “Federal agents say criminal charges spelling out his role [in 9/11 and other plots] are likely within a few weeks.” [ABC News 7 (Chicago), 1/31/2002] Yet, shortly after this, there seems to be a dramatic change of opinion at Justice Department headquarters about al-Marabh. US Attorney Patrick Fitzgerald in Chicago drafts an indictment against Nabil al-Marabh, charging him with multiple counts of making false statements in his interviews with FBI agents. Fitzgerald already has several successful al-Qaeda prosecutions. However, the indictments are rejected by Justice Department headquarters in the name of protecting intelligence. In December 2002, Fitzgerald tracks down a Jordanian informant who had spent time with al-Marabh in a federal detention cell earlier in the year because of minor immigration problems. Fitzgerald has the man flown to Chicago and oversees his debriefing. The man reveals numerous criminal acts that al-Marabh confessed to him in prison, and the information fits with what is already known of al-Marabh’s history (see December 2002). However, Fitzgerald is still not allowed to indict al-Marabh. Another prosecutor in Detroit, trying some associates of al-Marabh in an ultimately unsuccessful case there, also expresses a desire to indict al-Marabh, but is not allowed to do so (see Early 2003). [Associated Press, 6/3/2004] Al-Marabh will ultimately be deported to Syria after serving a short sentence on minor charges (see January 2004).

Entity Tags: Nabil al-Marabh, US Department of Justice, Patrick J. Fitzgerald

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. [Chicago Sun-Times, 9/5/2002] Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. [Washington Post, 9/4/2002] Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. [National Post, 9/4/2002] In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).

Entity Tags: Federal Bureau of Investigation, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Nabil al-Marabh.Nabil al-Marabh. [Source: Associated Press]After Nabil al-Marabh’s eight-month prison sentence was completed in 2003, he remained in a Chicago prison awaiting deportation. However, deportation proceedings were put on hold because federal prosecutors lodged a material witness warrant against him. When the warrant is dropped, al-Marabh is cleared to be deported to Syria. [Associated Press, 1/29/2003; Associated Press, 6/3/2004] In late 2002, the US government argued that there was no evidence al-Marabh had ever been involved in any terrorist activity or connected to any terrorist organization (see September 3, 2002). However, in al-Marabh’s deportation hearing, the judge rules that he “does present a danger to national security,” is “credibly linked to elements of terrorism,” and has a “propensity to lie.” A footnote in his 2003 deportation ruling states, “The FBI has been unable to rule out the possibility that al-Marabh has engaged in terrorist activity or will do so if he is not removed from the United States.” He is deported nonetheless, and prosecutors from two US cities are not allowed to indict him. Both Democratic and Republican Senators will later express bafflement and complain about this deportation (see June 30, 2004). [Associated Press, 6/3/2004]

Entity Tags: Federal Bureau of Investigation, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In May 2005, the Globe and Mail reports that friends and family of Nabil al-Marabh fear he is being jailed in Syria. He apparently lives freely there for a few months after being deported from the US in January 2004 (see January 2004), but then is arrested by Syrian intelligence agents. The article will note that, “US deportation records show that Mr. al-Marabh had expressed fears about being conscripted or tortured in Syria, which is notorious for abusing its prisoners.” [Globe and Mail, 5/11/2005] In late 2007, it will be reported that it is believed al-Marabh is still jailed in Syria, though there have been no reports of him being officially charged with any crime. [National Post, 10/6/2007]

Entity Tags: Nabil al-Marabh, Syria

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Associated Press reports that both Republicans and Democrats have expressed outrage that Nabil al-Marabh was deported in January 2004 (see January 2004). Several senators have written letters to Attorney General John Ashcroft, demanding an explanation. Sen. Charles Grassley (R-IN) states that the circumstances of al-Marabh’s deportation—who was “at one time No. 27 on the [FBI] list of Most Wanted Terrorists”—are “of deep concern and appear to be a departure from an aggressive, proactive approach to the war on terrorism.” Sen. Patrick Leahy (D-VT) wrote to Ashcroft, “The odd handling of this case raises questions that deserve answers from the Justice Department.… Why was a suspected terrorist returned to a country that sponsors terrorism? We need to know that the safety of the American people and our strategic goals in countering terrorism are paramount factors when decisions like this are made.” Sen. Charles Schumer (D-NY) says, “It seems that pursuing a military tribunal, a classified criminal trial, or continued immigration proceedings would have made more sense than merely deporting a suspected terrorist.” Sen. Orrin Hatch (R-UT) has also made inquiries into the case. Prosecutors in several US cities sought to bring criminal cases against al-Marabh and a US attorney in Chicago drafted an indictment against him, which he apparently was not allowed to pursue (see January-2002-December 2002). [Associated Press, 6/30/2004] Apparently, no explanation from Ashcroft is ever given. The 9/11 Commission Final Report, released a couple of months later, will fail to mention al-Marabh at all.

Entity Tags: Patrick J. Leahy, John Ashcroft, Nabil al-Marabh, Orrin Hatch, Charles Grassley, Charles Schumer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

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