The Associated Press Saturday, October 21, 2006; 8:11 AM
WASHINGTON -- Abdul Rahim insists he's an apolitical student who fled a strict father. But he's fallen into a black hole in the war on terror in which first the Taliban and then the United States imprisoned him as an enemy of the state.
Arrested by the Taliban in Afghanistan in January 2000, Rahim says al-Qaida leaders burned him with cigarettes, smashed his right hand, deprived him of sleep, nearly drowned him and hanged him from the ceiling until he "confessed" to spying for the United States.
President Bush is seen after signing the Military Commissions Act of 2006, which sets new standards expediting the interrogation and prosecution of terror suspects, during a ceremony in the East Room of the White House in Washington, Tuesday, Oct. 17, 2006. (AP Photo/Charles Dharapak) (Charles Dharapak - AP)
U.S. forces took the young Kurd from Syria into custody in January 2002 after the Taliban fled his prison. Accusing him of being an al-Qaida terrorist, U.S. interrogators deprived him of sleep, threatened him with police dogs and kept him in stress positions for hours, he says. He's been held ever since as an enemy combatant.
Rahim's story is one of several emerging from the U.S. prison at Guantanamo Bay as defense lawyers make bids to free their clients while the Bush administration tries to use a new law to lock them out of federal courts.
After the Supreme Court overturned President Bush's plans for commissions to try detainees, Bush obtained a new law from Congress barring federal courts from hearing appeals for release by any alien "properly detained as an enemy combatant." The Justice Department told district and appellate judges this week they no longer have jurisdiction to hear dozens of such pending cases.
A court fight over that is certain.
Calling the move to strip jurisdiction "a direct attack on our constitutional structure," Federal Public Defender Steven T. Wax in Portland, Ore., said, "We will litigate that as hard as we can in whatever forum we can find, because they are wrong."
Other detainees whose lawyers filed new evidence in U.S. District Court motions this month include:
_Adel Hassan Hamad, a Sudanese charity worker arrested at 1:30 a.m. July 18, 2002, in his Peshawar, Pakistan, apartment. Co-workers swear he was a hospital administrator with no connection to terrorists. A dissenting U.S. Army major on the panel that reviewed the unclassified and secret evidence against him called it "unconscionable" to detain him because some employees of the same charity may have supported terrorist ideals.
_Nazar "Chaman" Gul, a 29-year-old Afghani who thought he was working as an armed fuel depot guard for the Karzi government installed by U.S. forces. The man who hired him swears that was the case, but he is accused of being a member of a terrorist group. The lawyers say he has been mistaken for a commander of that terror group, named Chaman Gul, also held at Guantanamo.
All three are represented by Wax and his assistants. Wax's staff traveled to Afghanistan, Pakistan and the United Arab Emirates to gather dozens of sworn statements from co-workers, relatives, fellow inmates and people who knew these detainees but haven't spoken to them in years. These newly filed accounts substantiate details of the detainees' denials that they were terrorists.
"These clients are not enemy combatants," Wax said in an interview. The new law "does not apply to people who are not enemy combatants," he said.
