Courted as Spies, Held as Combatants

Jamil el-Banna, prisoner at Guantanamo Bay. (Family Photo - Family Photo)

In an interview, Sabah el-Banna said she didn't recall details of the conversation except that the agents assured Banna that he could fly to Africa. "They said, 'No, no -- go ahead. Good luck in your business." MI5 records confirm that Banna was given clearance to go.

The detention at Gatwick delayed the three travelers' arrival in Gambia by seven days. It has led to speculation by the men's attorneys and families that the delay gave the CIA time to position operatives in Gambia.

On Nov. 8, Wahab al-Rawi, who was already in Gambia, and a business partner drove to the Banjul airport to meet the travelers. There, all five men were taken into custody.

Gambian officials initially said there was a visa problem. But the men were soon locked up and moved to hidden locations and safe houses around the capital. American spies acted as if they were in charge, Wahab al-Rawi said. A brawny man who identified himself as Lee and said he was from the U.S. Embassy spent days questioning the men. He wanted to know about their ties to Qatada, whether the peanut business was a front for terrorist activities and whether they hated Americans.

Wahab al-Rawi said he refused to cooperate at first, demanding that he be allowed to contact a lawyer and the British Embassy. "Lee said, 'Who do you think asked us to arrest you? Where do you think this information came from, the questions we are asking you?' " Wahab al-Rawi said.

After four weeks, Wahab al-Rawi and one of the business partners -- both British citizens -- were released and put on a flight back to London. A third partner, a Gambian citizen, also was let go. But Bisher al-Rawi and Jamil el-Banna were flown to Afghanistan.

They have given their attorneys this account of their arrival there: They were taken to a prison near Kabul, the capital, and kept in the darkness for two weeks, with loudspeakers blaring music around the clock. Later they were transferred to a prison at Bagram air base.

Rawi and Banna said they were asked by CIA operatives in Afghanistan whether they would serve as informants, said Mickum, their attorney. Banna was offered increasing sums of money and a U.S. passport to work for the CIA, but refused, Mickum said.

A few weeks later, they were flown to Guantanamo Bay. On March 12, 2003, Rawi wrote a sardonic letter to his family in London.

"Dear Mum and family," it read. "I'm writing to you from the seaside resort of Guantanamo Bay in Cuba. After winning first prize in a competition, I was whisked to this nice resort with all expenses paid (I did not need to spend a penny). . . . Everyone is very nice, the neighbors are very well-mannered, the food is best class, plenty of fun."

Rawi told his lawyer he was visited in Guantanamo at least six times by MI5 officials, including some of the same agents who had served as his handlers in London. They apologized for the turn of events, but asked whether he would still be willing to work for the agency if they could secure his release.

"He asked me a few questions about a few people here" in Guantanamo, Rawi said of one MI5 agent, according to a transcript of a U.S. military tribunal hearing. "He asked me, if I were released, where would I like to go? I mentioned a few places; I told him he could buy me a ticket to the moon."

In September 2004, the two were brought before tribunals that would determine whether they could be formally classified as "enemy combatants." The primary evidence against them: they knew Abu Qatada, and had wired money on his behalf to Jordan.

They were also accused of carrying a suspicious electronic device in their luggage to Gambia; British police who stopped them at Gatwick determined it was a battery charger, police reports show.

In testimony during the hearings, the detainees admitted knowing Qatada and helping him transfer the funds, which they said went to a charity. They said MI5 had been aware of all their activities and had encouraged them to interact with Qatada. They also pointed out that British police had them in custody just prior to their trip to Gambia and could have pressed charges if they were suspected of illegal acts.

"We were kidnapped in Gambia, not arrested," Banna said, according to a transcript of his hearing. "I don't even know what I have done. . . . If I were a danger to anyone, Britain would have put me in jail."

The tribunals ruled that both men should be classified as enemy combatants.

Researcher Julie Tate in Washington contributed to this report.