Profile: Mamdouh Habib
Mamdouh Habib was a participant or observer in the following events:
[Source: Public domain]A few days before 9/11, an Islamic radical named Mamdouh Habib is in Pakistan and calls his wife in Australia. Her phone is being monitored by Australian intelligence. In the conversation he says that something big is going to happen in the US in the next few days. He will be arrested after 9/11 and held by the US in the Guantanamo prison before finally being released in 2005. He will be released because his captors eventually will decide that he did not have any special foreknowledge or involvement in the 9/11 plot. He had been in Afghanistan training camps and had picked up the information there. The New York Times will paraphrase an Australian official, “Just about everyone in Kandahar [Afghanistan] and the Qaeda camps knew that something big was coming, he said. ‘There was a buzz.’”
[New York Times, 1/29/2005] Furthermore, according to The Australian, this call “mirrored several other conversations between accused terrorists that were tapped around the same time by the Pakistani Internal Security Department on behalf of the CIA.” This was part of what the CIA called a sharp increase in “chatter” intercepted from operatives in al-Qaeda training camps in Afghanistan and Pakistan in the days just before the attacks, alluding to an imminent big event. [Australian, 2/2/2005]
An Australian citizen named Mamdouh Habib is arrested in Pakistan by Pakistani authorities. He is arrested while traveling on a bus from Quetta to Karachi, after possibly attending an al-Qaeda training camp in Afghanistan. Also arrested on the bus are Ibrahim Diab, a Lebanese national, and Bechim Ademi, a naturalized German, two recently recruited members of the al-Qaeda cell in Hamburg, Germany that also included a few of the 9/11 hijackers (see September 10, 2001). Diab and Ademi are also coming from an al-Qaeda training camp, but they will later claim they had only just met Habib in Quetta before getting on the bus. Pakistani authorities appear to have been looking for Diab and Ademi, and only picked up Habib because he was with them. However, Diab and Ademi are soon returned to Germany and then released, while Habib is renditioned to Egypt and tortured there, and then sent to the US-run Guantanamo prison in Cuba (see October 29, 2001-April 2002). [Australian Broadcasting Corporation, 7/20/2004; Rasul, Iqbal, and Ahmed, 7/26/2004 ]
On October 29, 2001, an Australian citizen named Mamdouh Habib is arrested in Pakistan by Pakistani authorities, while traveling with two peripheral members of the al-Qaeda cell in Hamburg, Germany (see October 29, 2001). Over the next three weeks he is interrogated by three Americans. He is then taken to an airfield, where American individuals beat him up, cut off his clothes, and make him pose “while another [takes] pictures” with a foot on his neck. He is first taken to Bagram and from there flown to Egypt, where he spends the next six months in a six by eight foot cell and is forced to sleep on a concrete floor with one blanket. [Rasul, Iqbal, and Ahmed, 7/26/2004 ; Washington Post, 1/6/2005] According to Habib, the Australian high commission in Pakistan authorizes his transfer to Egypt. [Amnesty International, 9/2004 ] During interrogations in Egypt, he is repeatedly kicked, punched, and beaten with a stick, rammed with an electric cattle prod, injected with unknown drugs, attacked with dogs, drenched with cold water, and deprived of sleep. Sometimes he is “suspended from hooks on the wall” with his feet on the side of a large metal rotating drum. When Habib fails to provide his interrogators with the answers they want, they throw a switch and “a jolt of electricity” goes through the drum, forcing Habib to “dance,” and making the drum rotate. Thus, “his feet constantly [slip], leaving him suspended by only the hooks on the wall.” Another technique used on Habib is to place him in ankle-deep water “wired to an electric current.” According to a petition Habib later files with a US District Court, his interrogators tell him that unless he confesses, they will “throw the switch and electrocute him.” Habib submits and gives false confessions. [Amnesty International, 9/2004 ; Washington Post, 1/6/2005]
After six months in an Egyptian prison (see October 29, 2001-April 2002), Mamdouh Habib is flown to the Bagram air base in Afghanistan. Habib will arrive at Guantanamo the following month. [Washington Post, 1/6/2005] After his arrival there, according to the Tipton Three (see November 28, 2001, he bleeds from his nose, ears, and mouth when asleep. He receives no medical attention. They describe him as being “in catastrophic shape, mental, and physical.” At some time during his stay at Guantanamo, Habib is put in isolation at Camp Echo, where prisoners are deprived of natural light 24 hours a day. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
David Hicks. [Source: Associated Press]In the case of Rasul v. Bush, involving Guantanamo detainees Shafiq Rasul, Mamdouh Habib, David Hicks, and Asif Iqbal, the Supreme Court holds in a 6-3 ruling that the US exercises “complete jurisdiction and control” over Guantanamo Bay, and thus, that the Guantanamo prisoners have the right to challenge their detentions before a judge. Under the habeas corpus statute, Justice John Paul Stevens writes for the majority that “aliens held at the base, no less than American citizens, are entitled to invoke the federal courts’ authority.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] It is unclear whether the court’s ruling is intended to extend to detainees held in other parts of the world, but given the court’s reasoning, it appears that decision applies to detainees both in Guantanamo and elsewhere. [New York Times, 6/29/2004]
Conservative Dissent - The three dissenting justices are conservatives William Rehnquist, Antonin Scalia, and Clarence Thomas. Scalia says the decision is “an irresponsible overturning of settled law in a matter of extreme importance to our forces currently in the field.” He acknowledges that the location of Guantanamo has in fact been intended to keep detainees outside of the reach of the judiciary. “Today, the court springs a trap on the executive, subjecting Guantanamo Bay to the oversight of federal courts even though it has never before been thought to be within their jurisdiction, and thus making it a foolish place to have housed alien wartime detainees,” Scalia writes. Stevens writes that it does not matter what status the Guantanamo inmates have regarding the question of whether they should have access to a US court. “What is presently at stake is only whether the federal courts have jurisdiction to determine the legality of the executive’s potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing.” And this, he writes, they do. The case is subsequently sent back to a lower court to consider the prisoners’ claims. [Guardian, 6/28/2004]
Side-Stepping the Ruling - The media characterizes the decision as a rebuke for the Bush administration, which had argued that the courts have no right to interfere in the commander in chief’s decisions involving wartime policies. However, the decision says nothing about what rights the detainees might have once they get inside a courtroom, and therefore actually places little real restraint on the government. White House officials will decide that the detainees have no rights in the courtroom whatsoever—although the Court has ruled that they can file lawsuits, those lawsuits must be dismissed out of hand because the detainees have no right to actually present a case. The Republican-led Congress will later pass a law stripping courts of jurisdiction over Guantanamo lawsuits. [Savage, 2007, pp. 192]
Five prisoners are released from Guantanamo, following a Pentagon announcement the release would take place two weeks earlier. They are Mamdouh Habib, an Australian, and the four remaining Britons: Feroz Abbasi, Moazzam Begg, Jamaal Belmar, and Martin Mubanga. British Foreign Secretary Jack Straw says the Britons’ release is the result of his “intensive and complex” discussions with the US. [New York Times, 1/12/2005; New York Times, 1/26/2005] Australian Attorney General Philip Ruddock says the Australian government requested Habib’s repatriation to Australia after the US said it did not intend to bring Habib to trial. [ABC News, 1/11/2005]
Two Men's Passports Confiscated - However, upon their return to England, the passports of Mubanga and Abbasi are confiscated by the British authorities using a little-known Royal Prerogative. Home Secretary Charles Clarke writes to the men saying that they are too dangerous to Britain and its allies to be allowed to travel, and that granting them passports “would be contrary to the public interest,” as there are “strong grounds for believing that, on leaving [Britain], you would take part in activities against [Britain] or allied targets. We therefore decided to withdraw your passport facilities for the time being.” [Evening Standard, 2/15/2005]
Abbasi's Radical Connections - Abbasi is an associate of radical London imam Abu Hamza al-Masri (see 1999-2000) who had traveled to Afghanistan and been involved in fighting against the US-led invasion (see December 2000-December 2001), and had been slated for a military tribunal (see July 3, 2003).
Deal with Blair - The New York Times will suggest that the release of the four men is politically motivated and designed to bolster British Prime Minister Tony Blair, whose campaign to gather support for the Iraq war was damaged by the news of the military prosecution of Britons at Guantanamo. According to the Times, “Mr. Blair’s critics saw his inability to regain custody of a total of nine British detainees at Guantánamo as proof of his subjugation to Washington,” and the announcement of the men’s release apparently shows that Blair can stand up to the US. [New York Times, 10/25/2004]
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