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March 12, 2006
More on Gitmo Uyghurs
You may remember a previous entry on this site concerning a group of Uyghurs stuck in detention at Guantanamo Bay. Well, the U.S. military released a list of detainees last week along with a large stack of documents offering details on individual prisoners. Among those detailed in the documents are two Uyghurs from Xinjiang, Abu Bakkar Qassim and Adel Abdu Hakim.
An article in today's South China Morning Post (which you can read below) features details on Qassim's journey from Xinjiang to Gitmo via Kyrgyztan, Pakistan, and Afghanistan. Both men make it clear that they're extremely frustrated with their unclear legal status, no longer wanted by the U.S. but unable to be returned to China. I'll let the article speak for itself, as it gives a pretty good idea of how a Uyghur could end up with the Taliban. One hardcore quote from Qassim:
"I never trained at the camp to fight the US or coalition... we Uygurs have more than 1 billion enemies, that is enough for us."
Ouch! No wonder they can't go back to China. There's also a disturbing soft allegation in the article that the American military has allowed Chinese officials to access Uyghur prisoners at Guantanamo:
Disturbingly, said Mr Willett [the detainees' lawyer], the US allowed a delegation from the Chinese government access to interrogate the men in late 2002 or early 2003. "They called us bastards and all this stuff," the transcripts quote an unidentified Uygur as saying. Mr Willett said: "I think there was a period when the US needed Chinese support for the Iraq adventure and this was part of the deal. Isn't it interesting? The military won't permit media to go and talk to our guys but they allow representatives of the PRC [People's Republic of China] to come in and yell at them."
Hrmmm. You can read the full article below.
The unluckiest of the unlucky
They were caught up in the war on terror. Now five Uygurs are trapped between fears of reprisal in China and US stonewalling, writes Jacqui Goddard.
12 March 2006
South China Morning Post
Abu Bakkar Qassim and his friends are given bottled water to drink at Camp Iguana, but the brand name could not be more inappropriate, given the circumstances. It is called Freedom Springs.
Hemmed in by military guards and razor-wire fences, freedom is frustratingly elusive for Qassim and the four other Uygur men detained with him. Ironically, it was a quest for liberty and independence that caused them to flee their Chinese homeland in the first place, but after more than four years on US territory they still have neither.
"We heard a lot of good things about the US in the past, about democracy and human rights. Now they treat us differently and I don't understand that," Qassim told his US military interrogators, according to newly released Pentagon transcripts.
Captured by bounty hunters in Pakistan in 2001 and sold to US forces as alleged associates of al-Qaeda or the Taleban, they ended up at the US naval base in Guantanamo Bay, on the southern tip of Cuba, with more than 500 other alleged "enemy combatants".
They were held in a facility described by Amnesty International as "the gulag of our times", denied the protections of the Geneva Convention and held without formal charge or trial. Government officials branded them "bad guys"; US Secretary of State Donald Rumsfeld described them as "the worst of the worst".
Mark Denbeaux of Seton Hall University Law School, New Jersey, who has studied their plight, has a different description: "The unluckiest of the unlucky."
Despite the Bush administration's subsequent admission in 2004 that it got it wrong and that the men are no threat to national security, the Uygurs remain trapped at Guantanamo with nowhere to go.
Washington has acknowledged that China cannot be trusted to handle them humanely if they return there. "The US has made it clear that it does not expel, return or extradite individuals to other countries where it believes that it is 'more likely than not' that they will be tortured or subject to persecution," says the Pentagon.
But it has refused to transfer them to the US mainland, where they could apply for asylum, and blames the delay in releasing them on other countries' failure to give them status instead.
"The Uygurs really are in the ultimate Catch-22," said Jumana Musa, an advocacy director with Amnesty USA.
"The US went on a rant about them being the 'worst of the worst {hellip} the most vicious on the face of the earth' then they say to other countries 'Oh whoops, they're not bad after all - so here, you take them.' But is it really other countries' responsibility to clear up America's mess?"
For Qassim, the saga began early in 2000, when he left his home in Xinjiang province to sell leather goods at a market in Kyrgyzstan and learn the Koran. "If people try to teach the Koran [in China], they are executed by the Chinese government," he told his interrogators.
Still struggling to make ends meet after 18 months there, he heard about a Uygur-run leather factory in Turkey and, keen for more lucrative work, decided to head there. He went first to Pakistan to apply for a Turkish visa, but could not afford to stay while the paperwork was processed.
So he journeyed to Afghanistan where he had been told there was a Uygur-run "training camp" where he would get free bed and board and lessons on the Koran. In a development that proved key to his downfall, the camp also provided weapons training, with the Uygurs' separatist struggle in mind.
"I never trained at the camp to fight the US or coalition ... we Uygurs have more than 1 billion enemies, that is enough for us," said Qassim. "I trained against the Chinese government. I want to be free because 100,000 people are being used like slaves {hellip} in prison in my country."
He added: "Is it a crime to want to save people from torture? Over the last 50 years, we've been suffering at Chinese hands like animals."
Adel Abdu Hakim, another of the Uygurs, said: "We didn't want to go right back to China after training to fight them. I was trying to go to Turkey to do my business. If something were to happen, then I would go back with other young Uygur men to fight the Chinese government {hellip} but I'm hoping that my country will be liberated peacefully. That would be great."
When the US bombed Afghanistan after the September 11 terrorist attacks in 2001, Qassim, Hakim and 16 other Uygurs fled through snow and fog to the border region with Pakistan. They were given sanctuary by local tribespeople, but not for long.
"Get wealth and power beyond your dreams. You can receive millions of dollars for helping the anti-Taleban force catch al-Qaeda and Taleban murderers," read the leaflets that rained on the region from US aircraft, printed to look like bank notes worth around US$4,200. "This is enough money to take care of your family, your village, your tribe for the rest of your life, pay for livestock and doctors and schoolbooks and housing for all your people," the flyers urged.
The Uygurs were turned over to US forces in exchange for wads of cash and arrived at Guantanamo in January 2002, where they have remained ever since.
In a study of US Department of Defence records relating to 517 detainees there, Professor Denbeaux has established that just 5 per cent were actually captured by US forces. Only 8 per cent have been characterised in the US records as al-Qaeda fighters. Fifty-five per cent are deemed not to have committed any hostile act against the US or its allies.
Some were seized on the basis that they owned a Kalashnikov - as most people in Afghanistan did at the time, Professor Denbeaux's report found - or because they stayed at guesthouses, sported Casio watches or wore drab olive clothing - deemed by the US to be potential hallmarks of Taleban or al-Qaeda affiliation.
When Sabin Willett, a Boston-based lawyer who is acting pro bono for Qassim and Hakim, first met his clients at Guantanamo, they were in chains held down by a heavy iron bolt on the floor. Now they are at Camp Iguana, a separate part of the Guantanamo complex, where they live together in a wooden hut.
The Department of Defence says they are free to roam the area and have access to an "exercise/recreation yard, their own bunk house, activity room {hellip}. television set with VCR and DVD capability, a stereo system, recreational items [such as soccer, volleyball, table tennis], unlimited access to a shower facility, air-conditioning {hellip} special food items and library materials."
Disturbingly, said Mr Willett, the US allowed a delegation from the Chinese government access to interrogate the men in late 2002 or early 2003. "They called us bastards and all this stuff," the transcripts quote an unidentified Uygur as saying.
Mr Willett said: "I think there was a period when the US needed Chinese support for the Iraq adventure and this was part of the deal. Isn't it interesting? The military won't permit media to go and talk to our guys but they allow representatives of the PRC [People's Republic of China] to come in and yell at them."
The US will not explain why it is unwilling to give the men asylum, though reports have suggested that it does not wish to provoke Beijing and the fact that the men admitted they took weapons training does not sit comfortably with Washington's anti-terrorist agenda.
"Every once in a while someone pops up and gets some press for saying, 'Oh, let's close Guantanamo Bay.' Well, if someone has a better idea, I'd like to hear it," Donald Rumsfeld told the Council on Foreign Relations in Washington last month.
"We've released people from Guantanamo on a continuing basis, and we've made mistakes. Fifteen of them have gone back to the battlefield and tried to kill Americans. The idea that you could just open the gates and say, 'Gee, fellows, you're all just wonderful' is not realistic."
Nury Turkel, president of the Uygur Association of America, said: "It's very frustrating, it's very confusing. We are still hoping that some country will open up their doors to provide humanitarian assistance, but we know there's not much progress being made.
"I hate to use this term, but they will be turned into organ donors if they are sent home, that's how bad the situation is. Their fate will be unspeakable."
posted March 12, 2006 at 10:29 AM unofficial Xinjiang time | HaoHao This!
Comments
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The comment above was posted by Sim Sadler at March 13, 2006 10:10 AM unofficial Xinjiang time.
More from the NY Sun:
America Seeking To Block Appeal Of Two Chinese at Guantanamo
By JOSH GERSTEIN Staff Reporter of the Sun
27 March 2006
The New York Sun
The Bush administration is asking the Supreme Court to refuse to hear an unusual petition brought by two Muslims from China who are being held at Guantanamo Bay despite the American military's determination that the pair pose no threat to America.
The men, members of the Uighur community native to western China, have picked up some surprising support in their quest for freedom, most notably from a former FBI director known as a conservative no-nonsense lawman, William Sessions.
According to the government's court filings, Abu Bakker Qassim and Adel Abdu' Al-Hakim received weapons training at a Taliban-supplied camp near Tora Bora, Afghanistan, prior to the September 11, 2001, terrorist attacks.
As military action intensified in the region, the men are said to have fled to Pakistan, where they were captured and taken to an American base in Afghanistan. In 2002,American forces deemed the two men to be "enemy combatants" and flew them to Guantanamo.
A year ago, a military tribunal formally determined that Messrs. Qassim and Al-Hakim were no longer enemy combatants. Lawyers for the men contend the military made that determination in 2003.
However, the pair has remained at Guantanamo, because they object to being returned to China, and American authorities will not admit them to this country. The pair contends they are likely to be tortured if returned to China, which has a history of harsh treatment of Uighur militants.
In a new filing with the Supreme Court, the government argues it is engaged in "substantial ongoing diplomatic efforts to transfer them to an appropriate country."
An attorney for the men, Sabin Willett, said in an interview yesterday that the men are caught in legal limbo, with no country willing to accept them.
"These guys have been there at least three years with our government saying our government is trying to resettle them," Mr. Willett complained. "We've spent a lot of money telling the world that Guantanamo is full of terrorists. Now, the world believes us and nobody wants them."
Aside from the pair involved in the litigation, at least five other Uighurs have been deemed releasable by the military and are still being detained, Mr. Willett said. He estimated 23 Muslims from China are jailed at Guantanamo.
In December, Judge James Robertson issued a ruling that found the continuing detention of Messrs. Qassim and Al-Hakim to be illegal. The judge also blasted as "Kafka-esque" the government's use of the term "no longer enemy combatants" to describe their status.
However, Judge Robertson ultimately found it was impractical to release the men on a military base and that bringing them to America "would have national security and diplomatic implications beyond the competence or the authority of this court."
"I find that a federal court has no relief to offer," the judge wrote.
Lawyers for the two men appealed to a federal appeals court in Washington, which is scheduled to hear arguments in the case in May. Six retired federal judges filed a friend-of-the-court brief last month arguing that the Uighurs are being treated unfairly.
"The injustice petitioners continue to suffer is of the gravest kind," the brief filed by the former judges said. "The district court's failure to provide a remedy for petitioners' unlawful detention is inconsistent with the well settled understanding of the function of habeas corpus and the judicial role in ensuring the separation of powers."
Some of the ex-judges who signed the brief have backed other challenges to the treatment of prisoners at Guantanamo. A Newark-based law firm led by two former 3rd Circuit judges on the brief, John Gibbons and Timothy Lewis, has represented the American Civil Liberties Union in a lawsuit seeking documents that expose what the ACLU calls "torture" at Guantanamo and in Iraq.
The presence on the brief of Mr. Sessions, appointed FBI director by President Reagan and fired by Mr. Clinton, comes as something of a surprise. Mr. Sessions, reached at his Washington home yesterday, declined to comment.
While the appeal is pending, the prisoners' legal team has also asked the Supreme Court to take up the case immediately.
In a Supreme Court filing posted Friday on the Justice Department Web site, government lawyers stated their opposition to that extraordinary review, which is rarely granted. The Justice Department noted that after World War II and the Korean War, tens of thousands of prisoners-of-war refused to return to their countries. The contention that detaining such prisoners is illegal is "contrary to both history and logic," government lawyers said.
The government also said the men are being treated well at Guantanamo and have access to an exercise yard, soccer, volleyball, and ping pong equipment, showers, air conditioning "which they control," and a television with a DVD and VCR.
There seems little dispute between the parties that the Uighurs could be in danger if returned to China. The State Department's most recent report on human rights is replete with claims that Muslims in China's western Xinjiang province are subjected to repression.
"The Chinese have already threatened to do them harm," Mr. Willett said, noting that Chinese officials flew to Guantanamo to interrogate Uighur prisoners in 2002."The Chinese have branded these guys as terrorists. They have a history of putting Uighurs into prison, where they are never heard from again."
The new Justice Department brief said the men will not be sent back to China because of a treaty America has ratified which forbids the return of persons to countries where they are likely to be tortured.
The outcome of the Uighurs' legal challenge could turn in part on another Guantanamo-related case the Supreme Court is to take up tomorrow, Hamdan v. Rumsfeld. A key question in that dispute is whether a law passed last year, the Detainee Treatment Act, was intended to toss out all pending litigation brought by Guantanamo prisoners, or just to limit cases filed in the future.
News reports over the weekend raised questions about whether Justice Scalia should recuse himself from the case involving Salim Hamdan, a former driver for Osama bin Laden.
A report Saturday on a Supreme Court-related blog,Scotusblog.com, and another yesterday in Newsweek magazine, noted that Justice Scalia delivered a speech in Switzerland earlier this month in which he appeared to argue vigorously against trials for Guantanamo detainees. "I am not about to give this man who was captured in a war a full jury trial. I mean it's crazy," Justice Scalia said in the speech, which was videotaped and posted on the Web.
There was no indication yesterday that counsel for Mr. Hamdan plan to ask Justice Scalia to recuse himself. Chief Justice Roberts has already done so because he ruled on the case while serving as an appeals court judge.
The comment above was posted by michael at March 28, 2006 09:49 AM unofficial Xinjiang time.
U.S. pressures Germany to accept group from Guantanamo
14 April 2006
Reuters News
BERLIN, April 14 (Reuters) - The U.S. government wants to deport a group of Chinese Muslims held at the Guantanamo prison camp to Germany and is pressuring Chancellor Angela Merkel to take in the ethnic Uighurs, a newspaper reported on Friday.
The German daily Die Welt quoted diplomatic sources saying Merkel's government has resisted the U.S. pressure to accept the 15 Uighurs from the restive, predominantly Muslim region of Xinjiang in China's northwest.
"We have no comment on the report," a government spokesman in Berlin said on Friday. Merkel is the only European leader to have publicly called on the United States to close the camp.
The men, who oppose China's Communist rule, are from the region that was known as East Turkestan until it was annexed by the Manchu Empire in 1884. Its Uighur inhabitants, a Muslim Turkic people, want more autonomy; some want independence.
The newspaper report, to appear in the daily's Saturday edition, said Germany was identified as a suitable location for the Uighurs, held since 2002, because another group of Uighurs already live in exile in Bavaria.
The German government has resisted the U.S. pressure so far, the daily said, because it does not want to put strains on its relations with China and fears accepting the Uighurs would be seen in Beijing as a hostile act.
The diplomatic sources told the newspaper the issue was expected to be discussed between U.S. President George W. Bush and Merkel when she visits Washington in May.
Just days before her first trip as chancellor to meet Bush in January, Merkel said in a magazine interview that the United States should close the Guantanamo Bay camp and find other ways to deal with terrorism suspects.
Court documents in the United States said the men got military training in Afghanstan under the Taliban. Military officials said they were learning to fight. The U.S. State Department has tried for months to find someone to take them.
In December, U.S. District Judge James Robertson ruled that the men's continued detention was illegal since they were no longer considered enemy combatants.
The comment above was posted by michael at April 14, 2006 09:29 PM unofficial Xinjiang time.
China asks US to 'properly' handle its nationals at Guantanamo
21 April 2006
The Press Trust of India Limited
Shanghai, Apr 21 (PTI) China has urged the US to "properly" handle terror suspects of Chinese nationality being held at the Guantanamo Bay prison in Cuba.
"The United States should deal with terrorist suspects held at Guantanamo Bay in a prudent, responsible and proper manner," Chinese Foreign Ministry spokesman Qin Gang said.
The United States should take into consideration international anti-terrorism cooperation and China-US relations and abide by international law, Qin said.
The Pentagon posted a list of 558 detainees on its website yesterday after continued criticism of the secrecy surrounding the detention centre.
US forces had nabbed an unspecified number of Uygur men of Chinese nationality in Afghanistan who had trained in terror camps in Pakistan and Afghanistan.
Qin said that terrorism is the common enemy of the international community.
"The 'East Turkistan' terrorist forces in northwest China's Xinjiang Uygur Autonomous Region constitute part of international terrorist forces, posing serious threats to the international community, including China and the United States, and people's lives and property," Qin said.
"China hopes and believes that the international community can understand and support China's crackdown on East Turkistan terrorist forces," he said.
East Turkistan separatists have been attempting to establish an independent state in oil-rich Xinjinag region.
However, China has succeeded in suppressing low-intensity militancy in the strategic region which shares a common border with countries like India, Afghanistan and Pakistan.
The comment above was posted by michael at April 25, 2006 11:29 AM unofficial Xinjiang time.
China demands Albania return 5 men U.S. freed from Cuba camp
Nicholas Wood
International Herald Tribune
10 May 2006
Once a stalwart ally of Communist China, Albania drew Beijing's ire on Tuesday when its Foreign Ministry demanded the return of five Chinese men who had been transferred here by the United States from its prison camp at Guantanamo Bay, Cuba.
The men are being held in a compound pending the resolution of their requests for political asylum. They are ethnic Uighurs, a Muslim, Turkic-speaking minority from China's northwestern Xinjiang Province. U.S. officials, citing concerns that the five could face persecution if they were returned to China, said it took 18 months to find a country that would take them. While Albania, an aspiring member of NATO, appeared eager to facilitate the U.S. request, it now finds itself under Chinese pressure to extradite the men, branded terrorists by Beijing.
In Beijing on Tuesday, a spokesman for the Foreign Ministry repeated demands made Monday by the Chinese ambassador to Tirana, Tian Changchun, that the men be handed over. "These suspects should be sent to China as soon as possible," said the spokesman, Liu Jianchao, The Associated Press reported. "The act by the United States and Albania strongly violates international law."
Albania is seeking closer ties with the United States, and China, Albania's sole ally during the Communist regime of Enver Hoxha, still maintains good relations. Deputy Prime Minister Hui Liangyu visited the capital last month. So Beijing's protests have prompted concern.
The former prisoners were allowed to visit a lakeside restaurant with their lawyer on Monday but are now confined to their compound. The Albanian foreign minister, Besim Mustafaj, has also promised that the government will investigate the five's ties to possible terrorist organizations. "We don't know what they did before," he said in an interview. "I told the Chinese ambassador that we would investigate their activities."
But he added that the government accepted the men based on U.S. assurances that they were not "enemy combatants," the term used by the Pentagon to define members of Al Qaeda, the Taliban and other terror groups.
The men were held by the United States for more than five years, most of them in Guantanamo. Their lawyer, Sabin Willett, said they were among 17 men who sought refuge in Pakistan during the collapse of the Taliban regime in Afghanistan.
They were arrested by the Pakistani police in December 2001 and transferred to a U.S. facility in Kandahar, Afghanistan, before being flown to Cuba.
In March 2005, a U.S. military panel declared that the five men were "noncombatants," a decision that was not made public until June. Since then lawyers had petitioned a U.S. court to have them released. Willett said the men's arrival in Albania had taken him and Albanian officials by surprise.
A State Department official familiar with the case said Washington had been intensively negotiating the men's transfer to Albania for six weeks. The official, who asked to remain anonymous, said the United States had gained assurances from the Albanian government that the men would not be returned to China against their will.
The comment above was posted by michael at May 11, 2006 03:29 PM unofficial Xinjiang time.
God is almightly ! God is mercuful !
oh my lord help our uighur's to get our independence for free from devil of china ! plz save us from billions of jogs & mogs !
what we are encounter all are truth .truth of touture ,Gionicde ,cultural and historical devastate ,,,,and more ,,,,,,,,,
about these uighur guy's they are unguilty ,,they only have dream and wishes for get free from china dictatory and holding our rgihts as human to live in this world as a right of whic given by God as human !
thank's you !
plz never forget for pray for us and your friendship's !
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