Martin Mubanga
Encyclopedia
Martin Mubanga is a joint citizen of both the United Kingdom
and Zambia
. He was held, without charge, and interrogated at the American
prison at Guantanamo Bay
for 33 months.
In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.
The Bush administration routinely describes the Guantanamo detainees as having been unlawful combatant
s, who were captured on the battlefield. Mubanga, however, was the victim of an extraordinary rendition from Zambia, without having an opportunity to challenge his capture or rendition.
Under the Royal Prerogative
, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.
from captives in the "War on Terror
." Critics argued the Conventions obliged the United States to conduct competent tribunal
s to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunal
s, to determine whether the captives met the new definition of an "enemy combatant
."
The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”
From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Martin Mubanga was among the two-thirds of prisoners who chose to participate in their tribunals.
A Summary of Evidence memo
was prepared for the tribunal, listing the alleged facts that led to his detention.
and interrogation
while in US custody.
Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the USA requesting an official extradition
. His transport is one of the well known uses of the technique known in the USA as extraordinary rendition.
Mubanga describes being shackled so long he lost control of his bladder
, and then being daubed with his own urine
.
Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months.
. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the controversial US prison at Guantanamo Bay.
With the help of UK lawyer Louise Christian
, Mubanga is attempting to sue the UK government for its cooperation with American security officials.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
. He was held, without charge, and interrogated at the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
prison at Guantanamo Bay
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
for 33 months.
In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.
The Bush administration routinely describes the Guantanamo detainees as having been unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
s, who were captured on the battlefield. Mubanga, however, was the victim of an extraordinary rendition from Zambia, without having an opportunity to challenge his capture or rendition.
Under the Royal Prerogative
Royal Prerogative (United Kingdom)
The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in the United Kingdom as the sole prerogative of the Sovereign. Many of the executive powers of British government, vested in a monarch, have been bestowed under the mandate of the Royal...
, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.
Combatant Status Review
George W. Bush administration asserted they could withhold the protections of the Geneva ConventionsGeneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
from captives in the "War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
." Critics argued the Conventions obliged the United States to conduct competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
s to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunal
Combatant 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, to determine whether the captives met the new definition of an "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
."
The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”
A Summary of Evidence memo
Summary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...
was prepared for the tribunal, listing the alleged facts that led to his detention.
Complaints against the USA
Mubanga has described being the subject of brutal and abusive treatment during his incarcerationIncarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
and interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
while in US custody.
Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the USA requesting an official extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
. His transport is one of the well known uses of the technique known in the USA as extraordinary rendition.
Mubanga describes being shackled so long he lost control of his bladder
Bladder
Bladder usually refers to an anatomical hollow organBladder may also refer to:-Biology:* Urinary bladder in humans** Urinary bladder ** Bladder control; see Urinary incontinence** Artificial urinary bladder, in humans...
, and then being daubed with his own urine
Urine
Urine is a typically sterile liquid by-product of the body that is secreted by the kidneys through a process called urination and excreted through the urethra. Cellular metabolism generates numerous by-products, many rich in nitrogen, that require elimination from the bloodstream...
.
Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months.
Complaints against the UK
Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an "MI6 official," and an American woman who told him she a "Defense official". They told him that his UK passport, which he had reported stolen, was found in an al Qaeda cave in AfghanistanAfghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the controversial US prison at Guantanamo Bay.
With the help of UK lawyer Louise Christian
Louise Christian
Louise Christian is an award-winning British human rights lawyer.She is a frequent contributor to The Guardian.She is the author or co-author of several books.She is the daughter of Jack and Maureen Christian....
, Mubanga is attempting to sue the UK government for its cooperation with American security officials.
External links
- UK Sought Rendition of British Nationals to Guantánamo; Tony Blair Directly Involved Andy WorthingtonAndy WorthingtonAndy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
July 15, 2010 - Jack Straw's role in UK rendition revealed The Guardian 15 July 2010