Murat Kurnaz
Encyclopedia
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.
The tribunal that examined the case against Kurnaz lasted for forty minutes.
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.
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 combatant
s.
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. 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 (if they were charged with crimes — Kurnaz was not), 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. U.S. officials have accused Tablighi Jamaat of providing recruits to Al-Qaeda
, the terrorist group responsible for the September 11, 2001 terrorist attacks in the United States.
was prepared for
Murat Kurnaz's
first annual Administrative Review Board, on 12 October 2005.
The memo listed factors for and against his continued detention.
from US District Court Justice
Jed Rakoff.
They released a transcript of Kurnaz's hearing.
was prepared for
Murat Karnaz's
second annual Administrative Review Board, on 28 June 2006.
The memo listed factors for and against his continued detention.
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 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.
The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 8 July 2006.
reported that Kurnaz's lawyers were hopeful that German authorities were on the brink of negotiating Kurnaz's repatriation.
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 was trying to tie the release of Kurnaz to an agreement from Germany to accept four other Guantanamo detainees.
The USA cleared approximately 120 detainees for release - or transfer. However, many of them could not be returned to their countries of origin because they were likely to face retaliation from their governments.
The German and American governments denied that Kurnaz's release has been tied to Germany accepting other detainees.
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. He was reported to have been denied food and water during the seventeen hour flight.
, German soldiers were allowed to interrogate him.
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.
Kurnaz alleges the soldier grabbed him by hair and smashed his head into the ground.
The International Herald Tribune
reports that, in addition, the soldiers kicked Kurnaz.
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:
The German Ministry of Defense had, initially, denied that the KSK was in Afghanistan at that time.
But they now acknowledge that the KSK was in Kandahar, and had contact with Kurnaz, after interviewing members of the KSK. Although the investigation was eventually dropped, the government stated that they still had trouble believing the soldiers' version of events and that abuse may have occurred.
A German Parliamentary inquiry is investigating the extent to which German military and counter-terrorism authorities took advantage of the American extraordinary rendition
program.
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.
The Washington Post republished one of the newly released documents, written by David B. Lacquement, a senior officer in Military Intelligence.
Among the justifications for considering Kurnaz an enemy combatant:
Pentagon spokesman Commander
Jeffrey Gordon
would not discuss whether the DoD now acknowledges Kurnaz was innocent, but he "...stressed that a substantial amount of information about Kurnaz remains classified."
Murat Kurnaz
was one of the former captives who had an article profiling him.
Murat Kurnaz told his McClatchy interviewer that he was apprehended while on his way to the airport to return to Germany.
He told his interviewers that when his van was first stopped his main fear was that he would miss his flight.
However, he said, he was then sold by the Pakistani police for a bounty.
He described that while he was in the Kandahar detention facility his head was immersed in water, and he was then kicked in the stomach, so he would inhale water, and experience the feeling of drowning.
He reported being severely beaten in Guantanamo, and that three female guards sexually molested him.
Since his return he lives with his parents, and has a desk job, which he enjoys.
He says he does not hold ordinary Americans responsible for the abuse he endured.
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
from Jed Rakoff the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
published a Summarized transcripts from his Combatant Status Review Tribunal.
The tribunal that examined the case against Kurnaz lasted for forty minutes.
Murat Kurnaz v. George W. Bush
A writ of habeas corpus, Murat Kurnaz v. George W. Bush, was submitted on Murat Kurnaz's behalf.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.
In late 2004, the Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Presidency was forced to openly review
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...
the status of the Guantanamo detainees, and make a determination whether they should have been classified as 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...
s.
Kurnaz was one of the detainees with enough legal assistance to challenge the legality of his review in a Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
court. Both German investigators, and United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
investigators failed to find any evidence of a tie between Kurnaz and Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
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
2003 Istanbul bombings
The 2003 Istanbul bombings were four truck bomb attacks carried out on November 15, 2003 and November 20, 2003, in Istanbul, Turkey, leaving 57 people dead, and 700 wounded. Several men have been convicted for their involvement.- First 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. 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
Bundesnachrichtendienst
The Bundesnachrichtendienst [ˌbʊndəsˈnaːχʁɪçtnˌdiːnst] is the foreign intelligence agency of Germany, directly subordinated to the Chancellor's Office. Its headquarters are in Pullach near Munich, and Berlin . The BND has 300 locations in Germany and foreign countries...
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 (if they were charged with crimes — Kurnaz was not), and debates abound regarding the fairness of the process.
According to a December 22, 2005 story by United Press International
United Press International
United Press International is a once-major international news agency, whose newswires, photo, news film and audio services provided news material to thousands of newspapers, magazines and radio and television stations for most of the twentieth century...
, a brief stay at a Tablighi Jamaat
Tablighi Jamaat
Tablighi Jamaat is a religious movement which was founded in 1926 by Muhammad Ilyas al-Kandhlawi in India. The movement primarily aims at Tablighi spiritual reformation by working at the grass roots level, reaching out to Muslims across all social and economic spectra to bring them closer to...
hostel led to the decision to capture Kurnaz. U.S. officials have accused Tablighi Jamaat of providing recruits to Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
, the terrorist group responsible for the September 11, 2001 terrorist attacks in the United States.
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
Murat Kurnaz's
first annual Administrative Review Board, on 12 October 2005.
The memo listed factors for and against his continued detention.
Transcript
During March 2006 the Department of Defense started to comply with a court orderCourt order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
from US District Court Justice
Jed Rakoff.
They released a transcript of Kurnaz's hearing.
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
Murat Karnaz's
second annual Administrative Review Board, on 28 June 2006.
The memo listed factors for and against his continued detention.
Transcript
Murat Karnaz did not choose to attend this hearing.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 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.
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.The Board's recommendation was unanimous
The Board's recommendation was redacted.
England authorized his transfer on 8 July 2006.
Release
On February 12, 2006 Deutsche WelleDeutsche Welle
Deutsche Welle or DW, is Germany's international broadcaster. The service is aimed at the overseas market. It broadcasts news and information on shortwave, Internet and satellite radio on 98.7 DZFE in 30 languages . It has a satellite television service , that is available in four languages, and...
reported that Kurnaz's lawyers were hopeful that German authorities were on the brink of negotiating Kurnaz's repatriation.
It speculated that the Americans would agree to the release on the condition Kurnaz be subjected to constant surveillance.
The German magazine Focus
Focus (magazine)
Magazines with the name Focus include:* Focus , a German weekly news magazine* Focus , a Christian religion magazine published in the United States...
reported that the Bush administration was trying to tie the release of Kurnaz to an agreement from Germany to accept four other Guantanamo detainees.
The USA cleared approximately 120 detainees for release - or transfer. However, many of them could not be returned to their countries of origin because they were likely to face retaliation from their governments.
The German and American governments denied that Kurnaz's release has been tied to Germany accepting other detainees.
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. He was reported to have been denied food and water during the seventeen hour flight.
German soldiers investigated
Kurnaz alleges that, while in American detention in KandaharKandahar
Kandahar is the second largest city in Afghanistan, with a population of about 512,200 as of 2011. It is the capital of Kandahar Province, located in the south of the country at about 1,005 m above sea level...
, German soldiers were allowed to interrogate him.
According to an article by the United Press International
United Press International
United Press International is a once-major international news agency, whose newswires, photo, news film and audio services provided news material to thousands of newspapers, magazines and radio and television stations for most of the twentieth century...
Kurnaz picked out the picture of his interrogator from 60 photos he was shown of members of the German military's elite KSK
KSK
KSK may refer to:* Karşıyaka S.K., a sports club from Izmir, Turkey* Kill Switch...Klick, an American industrial band* Kissing Suzy Kolber, a sports blog* Kommando Spezialkräfte, part of Germany's Special Forces...
unit. Deutsche Welle
Deutsche Welle
Deutsche Welle or DW, is Germany's international broadcaster. The service is aimed at the overseas market. It broadcasts news and information on shortwave, Internet and satellite radio on 98.7 DZFE in 30 languages . It has a satellite television service , that is available in four languages, and...
and Reuters
Reuters
Reuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
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.
Kurnaz alleges the soldier grabbed him by hair and smashed his head into the ground.
The International Herald Tribune
International Herald Tribune
The International Herald Tribune is a widely read English language international newspaper. It combines the resources of its own correspondents with those of The New York Times and is printed at 38 sites throughout the world, for sale in more than 160 countries and territories...
reports that, in addition, the soldiers kicked Kurnaz.
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.
But they now acknowledge that the KSK was in Kandahar, and had contact with Kurnaz, after interviewing members of the KSK. Although the investigation was eventually dropped, the government stated that they still had trouble believing the soldiers' version of events and that abuse may have occurred.
A German Parliamentary inquiry is investigating the extent to which German military and counter-terrorism authorities took advantage of the American extraordinary rendition
Extraordinary rendition
Extraordinary rendition is the abduction and illegal transfer of a person from one nation to another. "Torture by proxy" is used by some critics to describe situations in which the United States and the United Kingdom have transferred suspected terrorists to other countries in order to torture the...
program.
Release planned for 2002
Kurnaz's lawyer sued the DoD and more of the documents from his dossier have been made public.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.
The Washington Post republished one of the newly released documents, written by David B. Lacquement, a senior officer in Military Intelligence.
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
Commander
Commander is a naval rank which is also sometimes used as a military title depending on the individual customs of a given military service. Commander is also used as a rank or title in some organizations outside of the armed forces, particularly in police and law enforcement.-Commander as a naval...
Jeffrey Gordon
Jeffrey D. Gordon
Jeffrey D. Gordon is a communications consultant to several conservative Washington, DC-based think tanks. Gordon is also a contributing columnist to Fox News, AOL News, the Washington Times and other media outlets. Previously, he was a Commander in the United States Navy.-Naval career:He was...
would not discuss whether the DoD now acknowledges Kurnaz was innocent, but he "...stressed that a substantial amount of information about Kurnaz remains classified."
McClatchy News Service interview
On June 15, 2008 the McClatchy News Service published a series of articles based on interviews with 66 former Guantanamo captives.Murat Kurnaz
was one of the former captives who had an article profiling him.
Murat Kurnaz told his McClatchy interviewer that he was apprehended while on his way to the airport to return to Germany.
He told his interviewers that when his van was first stopped his main fear was that he would miss his flight.
However, he said, he was then sold by the Pakistani police for a bounty.
He described that while he was in the Kandahar detention facility his head was immersed in water, and he was then kicked in the stomach, so he would inhale water, and experience the feeling of drowning.
He reported being severely beaten in Guantanamo, and that three female guards sexually molested him.
Since his return he lives with his parents, and has a desk job, which he enjoys.
He says he does not hold ordinary Americans responsible for the abuse he endured.
External links
- The Guantanamo File on Germany's Murat Kurnaz Der Spiegel, April 27, 2011
- An Innocent Man in Guantanamo at LIVE from the New York Public Library, April 4, 2008
- 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 WelleDeutsche WelleDeutsche Welle or DW, is Germany's international broadcaster. The service is aimed at the overseas market. It broadcasts news and information on shortwave, Internet and satellite radio on 98.7 DZFE in 30 languages . It has a satellite television service , that is available in four languages, and...
, December 2, 2005 - Verhör in Guantánamo, n-tvN-tvn-tv is a German television news channel owned by the Bertelsmann AG Media's RTL Group and an affiliate network of CNN since the networks creation in 1992....
, December 15, 2005 - Evidence Of Innocence Rejected at Guantanamo Washington Post, December 5, 2007
- Guantanamo inmate claims he underwent medical experiments Deutsche Welle March 5, 2011