Hafez Qari Mohamed Saad Iqbal Madni
Encyclopedia
Transcript
The Department of Defense published a 13 summarized transcript from his 2004 CSR Tribunal.Testimony
Madni told his Tribunal that he was wearing the orange jumpsuit that non-compliant captives were made to wear because of a suicide attempt he had made on the 191st day of his detention.Publication of captives' CSR Tribunal documents
In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review TribunalCombatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s of 179 captives.
A habeas corpus petition was filed on behalf of " Muhammed Saad Iqbal Madni" on December 13, 2005.
But his dossier was not one of those the DoD published.
First annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for Hafez Qari Mohamed Saad Iqbal Madni's first
annual Administrative Review Board on October 19, 2005.
The two page memo listed nine
"primary factors favor[ing] continued detention" and zero
"primary factors favor[ing] release or transfer".
Those factors included denunciations from unnamed informants that he claimed to be a member of al Qaida, that he plotted assassinations, that he was related to a female member of the extremist Ak Ikhwan Al Muslimoon Group in Indonesia, and that he had stated:
Prelimary meeting with Assisting Military Officer
Madni’s preliminary meeting with his Assisting Military Officer took place on November 29, 2005. Madni said he would attend. His Assisting Military Officer described him as responsive, polite and attentive, during this meeting, but highly skeptical, based on his experience Combatant Status Review Tribunal.Second annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for Hafes Qari Mohammed Saad Iqbal Madni's second
annual Administrative Review Board on October 19, 2005.
The two page memo listed nine
"primary factors favor[ing] continued detention" and two
"primary factors favor[ing] release or transfer".
In addition to the allegations listed on the earlier memos the 2006 memo stated he had visited with members of al Qaida in Jakarta, Indonesia,
that he met the Secretary General of the Islamic Defenders Front,
that he had seen weapons at the house of his new militant acquaintances, and he had been told about two failed terrorist attacks in which they had participated—an attempt to use a car bomb against the US embassy, and an attempt to attack an airliner. One factor offered as a justification for his further detention stated:
Third annual Administrative Review Board
A Summary of Evidence memoSummary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...
was prepared for Hafes Qari Mohammed Saad Iqbal Madni's
annual Administrative Review Board on December 27, 2007.
The two page memo listed just four
"primary factors favor[ing] continued detention" and two
"primary factors favor[ing] release or transfer".
All four of the factors favoring his continued detention concerned a leadership role he played in a student group, the Sipah-e-Islam Pakistan, which was an adjunct to a violent anti-Shi'a group, the Sipah-e-Sahaba Pakistan
Sipah-e-Sahaba Pakistan
Sipah-e-Sahaba Pakistan is a militant Sunni Deobandi organization, and a formerly registered Pakistani political party, established in the early 1980s in Jhang by Maulana Haq Nawaz Jhangvi its stated goal is to primarily to deter major Shia influence in Pakistan in the wake of the Iranian...
. The factors stated these two groups followed the Deobandi School, and were created in reaction to the Iranian revolution
Iranian Revolution
The Iranian Revolution refers to events involving the overthrow of Iran's monarchy under Shah Mohammad Reza Pahlavi and its replacement with an Islamic republic under Ayatollah Ruhollah Khomeini, the leader of the...
, and that the SSP group was behind the assassination of the Iranian Ambassador to Pakistan in the early 1990s. More recently the groups organized political rallies.
The factors favoring his release or transfer stated that he feared being returned to Pakistan, and that:
Earlier allegations that he personally was involved in hostile acts were all dropped in this memo.
Third annual Board recommendations
One January 9, 2009, the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his continued detention on March 17, 2008.
Habeas corpus petition
A writ of habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was filed on Hafez Qari Mohamed Saad Iqbal Madni's behalf.
Military Commissions Act
The Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
Boumediene v. Bush
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Protective order
On 15 July 2008 Kristine A. HuskeyKristine A. Huskey
Kristine Huskey is an American lawyer.Huskey is notable because she volunteered to help defend Guantanamo detainees.Huskey is the author of "Standards and Procedures for Classifying “Enemy Combatants”: Congress, What Have You Done?"...
filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Iqbal.
Repatriation
A former Guantanamo captive named as "Qari Saad Madni" was repatriated on September 8, 2008.Pakistani officials stated he would soon be released without charge, following a debriefing.
The Associated Press reported that Madni claimed he had tried to commit suicide during his first year in detention.
On September 19, 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot", as part of 05-CV-2385, on behalf of Muhammed Saad Iqbal Madni.
Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the US Government and the Pakistani Government:
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On 5 January 2009 the New York Times published a profile of Mohammed Saad Iqbal.
The profile chronicled serious health problems during and after his repatriation, and was illustrated with a picture of him standing in a walker. The New York Times reported that senior US officials were prepared to confirm aspects of his account of himself—off the record.
They informed the New York Times that, shortly after he had apprehended in Jakarta, during his first two days of interrogation analysts had decided he was a braggart and "wannabe" and should be immediately released:
He was first transferred for four months to a brutal interrogation center in Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, where he was housed in a 4 x 6 feet (1.8 m) cell he said "like a grave", and subjected to electric shocks during his interrogation.
He was then transferred, for a year to the Bagram Theater Internment Facility
Bagram Theater Internment Facility
The Parwan Detention Facility , also called the Bagram Theater Internment Facility, is a United States-run prison located next to Bagram Airfield in the Parwan Province of Afghanistan.It was formerly known as the Bagram Collection Point...
.
He described harassment from other captives because he had never trained in Afghanistan.
Richard L. Cys of Davis Wright Tremaine
Davis Wright Tremaine
Davis Wright Tremaine LLP is a national business and litigation law firm representing clients in the United States and in China. In 2008, the National Law Journal ranked the firm 98th largest in the United States based on attorney headcount. In 2008 , Davis Wright Tremaine ranked No...
is seeking relief for his long detention without charge, and for the release of his medical records, which may document his torture claims.
CIA spokesman Paul Gimigliano denied Madni had been subjected to illegal treatment:
On January 19, 2009, the Daily Times reported that Iqbal had held a press conference in Islamabad where he demanded compensation for the treatment he received.
Madani's declaration
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition.
He declared that he and Mamdouh Habib
Mamdouh Habib
Mamdouh Habib is an Egyptian born Australian Muslim best known for his extrajudicial detention in the Guantanamo Bay detainment camps, in Cuba, on suspicion of involvement in terrorism....
had been sent to Egypt for interrogation. His interrogators were all Egyptians, but Americans were always present, and passed notes to the Egyptian interrogators.
His interrogations include electric shock, beatings, being interrogated while drugged, and being locked in a cell so small he could not sit up, or lie down.
He and Habib were transferred to the Bagram Theater Internment Facility
Bagram Theater Internment Facility
The Parwan Detention Facility , also called the Bagram Theater Internment Facility, is a United States-run prison located next to Bagram Airfield in the Parwan Province of Afghanistan.It was formerly known as the Bagram Collection Point...
, where he reported Koran desecration and brutal beatings.
In Bagram he was held in the same cell as Moazzam Begg
Moazzam Begg
Moazzam Begg , is a British Pakistani Muslim who was held in extrajudicial detention in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, by the U.S...
and Ahmed Zaid Salem Zuhair.
three months of torture
He declared that as a consequence of his electric shocks to his head in Egypt he developed a life-threatening bone infection, but medical treatment was withheld because his interrogators characterized him as being uncooperative. He declared he was confined the Psychiatric wing for six months—as punishment.
UK Legal Action
On August 19, 2009, the UK arm of the legal charity Reprieve commenced legal action on behalf of Mr Madni against the UK Foreign Secretary. The litigation seeksdisclosure of material held by the Secretary of State or within his control that evidences his extraordinary rendition through Diego Garcia and that would assist him in identifying and bringing proceedings against those US (and, if applicable, UK) personnel involved in his detention, unlawful
rendition and torture
External links
- Former Guantanamo inmate Saad Iqbal Madni's 'agony' BBC February 2011
- US Torture Under Scrutiny In British Courts Andy Worthington, July 29, 2009
- Identity Of Guantánamo Torture Victim Rendered Through Diego Garcia Andy Worthington, June 3, 2009
- Mohammed Saad Iqbal Madni Reprieve
- Freed Gitmo inmate narrates horrific plight April 22, 2010
- video Former Guantanamo detainee Saad Iqbal Madni's struggle BBC February 2011