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My Guantánamo Nightmare

By LAKHDAR BOUMEDIENE
Published: January 7, 2012

Nice, France

ON Wednesday, America’s detention camp at Guantánamo Bay will have been open for 10 years. For seven of them, I was held there without explanation or charge. During that time my daughters grew up without me. They were toddlers when I was imprisoned, and were never allowed to visit or speak to me by phone. Most of their letters were returned as “undeliverable,” and the few that I received were so thoroughly and thoughtlessly censored that their messages of love and support were lost.

Some American politicians say that people at Guantánamo are terrorists, but I have never been a terrorist. Had I been brought before a court when I was seized, my children’s lives would not have been torn apart, and my family would not have been thrown into poverty. It was only after the United States Supreme Court ordered the government [ http://www.nytimes.com/2008/06/13/washington/13scotus.html ] to defend its actions before a federal judge that I was finally able to clear my name and be with them again.

I left Algeria in 1990 to work abroad. In 1997 my family and I moved to Bosnia and Herzegovina at the request of my employer, the Red Crescent Society of the United Arab Emirates. I served in the Sarajevo office as director of humanitarian aid for children who had lost relatives to violence during the Balkan conflicts. In 1998, I became a Bosnian citizen. We had a good life, but all of that changed after 9/11.

When I arrived at work on the morning of Oct. 19, 2001, an intelligence officer was waiting for me. He asked me to accompany him to answer questions. I did so, voluntarily — but afterward I was told that I could not go home. The United States had demanded that local authorities arrest me and five other men. News reports at the time said the United States believed that I was plotting to blow up its embassy in Sarajevo. I had never — for a second — considered this.

The fact that the United States had made a mistake was clear from the beginning. Bosnia’s highest court investigated the American claim, found that there was no evidence against me and ordered my release. But instead, the moment I was released American agents seized me and the five others. We were tied up like animals and flown to Guantánamo, the American naval base in Cuba. I arrived on Jan. 20, 2002.

I still had faith in American justice. I believed my captors would quickly realize their mistake and let me go. But when I would not give the interrogators the answers they wanted — how could I, when I had done nothing wrong? — they became more and more brutal. I was kept awake for many days straight. I was forced to remain in painful positions for hours at a time. These are things I do not want to write about; I want only to forget.

I went on a hunger strike for two years because no one would tell me why I was being imprisoned. Twice each day my captors would shove a tube up my nose, down my throat and into my stomach so they could pour food into me. It was excruciating, but I was innocent and so I kept up my protest.

In 2008, my demand for a fair legal process went all the way to America’s highest court. In a decision [ http://www.supremecourt.gov/opinions/07pdf/06-1195.pdf ] that bears my name, the Supreme Court declared that “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.” It ruled that prisoners like me, no matter how serious the accusations, have a right to a day in court. The Supreme Court recognized a basic truth: the government makes mistakes. And the court said that because “the consequence of error may be detention of persons for the duration of hostilities that may last a generation or more, this is a risk too significant to ignore.”

Five months later, Judge Richard J. Leon, of the Federal District Court in Washington, reviewed all of the reasons offered to justify my imprisonment, including secret information I never saw or heard. The government abandoned its claim of an embassy bomb plot just before the judge could hear it. After the hearing, he ordered the government [ http://www.nytimes.com/2008/11/21/us/21guantanamo.html ] to free me and four other men who had been arrested in Bosnia.

I will never forget sitting with the four other men in a squalid room at Guantánamo, listening over a fuzzy speaker as Judge Leon read his decision in a Washington courtroom. He implored the government not to appeal his ruling, because “seven years of waiting for our legal system to give them an answer to a question so important is, in my judgment, more than plenty.” I was freed, at last, on May 15, 2009.

Today, I live in Provence with my wife and children. France has given us a home, and a new start. I have experienced the pleasure of reacquainting myself with my daughters and, in August 2010, the joy of welcoming a new son, Yousef. I am learning to drive, attending vocational training and rebuilding my life. I hope to work again serving others, but so far the fact that I spent seven and a half years as a Guantánamo prisoner has meant that only a few human rights organizations have seriously considered hiring me. I do not like to think of Guantánamo. The memories are filled with pain. But I share my story because 171 men remain there. Among them is Belkacem Bensayah, who was seized in Bosnia and sent to Guantánamo with me.

About 90 prisoners have been cleared for transfer out of Guantánamo. Some of them are from countries like Syria or China — where they would face torture if sent home — or Yemen, which the United States considers unstable. And so they sit as captives, with no end in sight — not because they are dangerous, not because they attacked America, but because the stigma of Guantánamo means they have no place to go, and America will not give a home to even one of them.

I’m told that my Supreme Court case is now read in law schools. Perhaps one day that will give me satisfaction, but so long as Guantánamo stays open and innocent men remain there, my thoughts will be with those left behind in that place of suffering and injustice.

Lakhdar Boumediene was the lead plaintiff in Boumediene v. Bush. He was in military custody at Guantánamo Bay from 2002 to 2009. This essay was translated by Felice Bezri from the Arabic.

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Related

Times Topic: Guantánamo Bay Naval Base (Cuba)
http://topics.nytimes.com/top/news/national/usstatesterritoriesandpossessions/guantanamobaynavalbasecuba/index.html

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© 2012 The New York Times Company

http://www.nytimes.com/2012/01/08/opinion/sunday/my-guantanamo-nightmare.html

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Notes From a Guantánamo Survivor

By MURAT KURNAZ
Published: January 7, 2012

Bremen, Germany

I LEFT Guantánamo Bay much as I had arrived almost five years earlier — shackled hand-to-waist, waist-to-ankles, and ankles to a bolt on the airplane floor. My ears and eyes were goggled, my head hooded, and even though I was the only detainee on the flight this time, I was drugged and guarded by at least 10 soldiers. This time though, my jumpsuit was American denim rather than Guantánamo orange. I later learned that my C-17 military flight from Guantánamo to Ramstein Air Base in my home country, Germany, cost more than $1 million.

When we landed, the American officers unshackled me before they handed me over to a delegation of German officials. The American officer offered to re-shackle my wrists with a fresh, plastic pair. But the commanding German officer strongly refused: “He has committed no crime; here, he is a free man.”

I was not a strong secondary school student in Bremen, but I remember learning that after World War II, the Americans insisted on a trial for war criminals at Nuremberg, and that event helped turn Germany into a democratic country. Strange, I thought, as I stood on the tarmac watching the Germans teach the Americans a basic lesson about the rule of law.

How did I arrive at this point? This Wednesday is the 10th anniversary of the opening of the detention camp at the American naval base at Guantánamo Bay, Cuba. I am not a terrorist. I have never been a member of Al Qaeda or supported them. I don’t even understand their ideas. I am the son of Turkish immigrants who came to Germany in search of work. My father has worked for years in a Mercedes factory. In 2001, when I was 18, I married a devout Turkish woman and wanted to learn more about Islam and to lead a better life. I did not have much money. Some of the elders in my town suggested I travel to Pakistan to learn to study the Koran with a religious group there.

I made my plans just before 9/11. I was 19 then and was naïve and did not think war in Afghanistan would have anything to do with Pakistan or my trip there. So I went ahead with my trip.

I was in Pakistan, on a public bus on my way to the airport to return to Germany when the police stopped the bus I was riding in. I was the only non-Pakistani on the bus — some people joke that my reddish hair makes me look Irish — so the police asked me to step off to look at my papers and ask some questions. German journalists told me the same thing happened to them. I was not a journalist, but a tourist, I explained. The police detained me but promised they would soon let me go to the airport. After a few days, the Pakistanis turned me over to American officials. At this point, I was relieved to be in American hands; Americans, I thought, would treat me fairly.

I later learned the United States paid a $3,000 bounty for me. I didn’t know it at the time, but apparently the United States distributed thousands of fliers all over Afghanistan, promising that people who turned over Taliban or Qaeda suspects would, in the words of one flier, get “enough money to take care of your family, your village, your tribe for the rest of your life.” A great number of men wound up in Guantánamo as a result.

I was taken to Kandahar, in Afghanistan, where American interrogators asked me the same questions for several weeks: Where is Osama bin Laden? Was I with Al Qaeda? No, I told them, I was not with Al Qaeda. No, I had no idea where bin Laden was. I begged the interrogators to please call Germany and find out who I was. During their interrogations, they dunked my head under water and punched me in the stomach; they don’t call this waterboarding [ http://topics.nytimes.com/top/reference/timestopics/subjects/t/torture/waterboarding/index.html ] but it amounts to the same thing. I was sure I would drown.

At one point, I was chained to the ceiling of a building and hung by my hands for days. A doctor sometimes checked if I was O.K.; then I would be strung up again. The pain was unbearable.

After about two months in Kandahar, I was transferred to Guantánamo. There were more beatings, endless solitary confinement, freezing temperatures and extreme heat, days of forced sleeplessness. The interrogations continued always with the same questions. I told my story over and over — my name, my family, why I was in Pakistan. Nothing I said satisfied them. I realized my interrogators were not interested in the truth.

Despite all this, I looked for ways to feel human. I have always loved animals. I started hiding a piece of bread from my meals and feeding the iguanas that came to the fence. When officials discovered this, I was punished with 30 days in isolation and darkness.

I remained confused on basic questions: why was I here? With all its money and intelligence, the United States could not honestly believe I was Al Qaeda, could they?

After two and a half years at Guantánamo, in 2004, I was brought before what officials called a Combatant Status Review Tribunal, at which a military officer said I was an “enemy combatant” because a German friend had engaged in a suicide bombing in 2003 — after I was already at Guantánamo. I couldn’t believe my friend had done anything so crazy but, if he had, I didn’t know anything about it.

A couple of weeks later, I was told I had a visit from a lawyer. They took me to a special cell and in walked an American law professor, Baher Azmy [ http://law.shu.edu/Faculty/display-profile.cfm?customel_datapageid_4018=4070 ]. I didn’t believe he was a real lawyer at first; interrogators often lied to us and tried to trick us. But Mr. Azmy had a note written in Turkish which he had gotten from my mother, and that made me trust him. (My mother found a lawyer in my hometown in Germany who heard that lawyers at the Center for Constitutional Rights represented Guantánamo detainees; the center assigned Mr. Azmy my case.) He did not believe the evidence against me and quickly discovered that my “suicide bomber” friend was, in fact, alive and well in Germany.

Mr. Azmy, my mother and my German lawyer helped pressure the German government to secure my release. Recently, Mr. Azmy made public a number of American and German intelligence documents from 2002 to 2004 that showed both countries suspected I was innocent. One of the documents said American military guards thought I was dangerous because I had prayed during the American national anthem.

Now, five years after my release, I am trying to put my terrible memories behind me. I have remarried and have a beautiful baby daughter. Still, it is hard not to think about my time at Guantánamo and to wonder how it is possible that a democratic government can detain people in intolerable conditions and without a fair trial.

Murat Kurnaz [ http://us.macmillan.com/author/muratkurnaz ], the author of “Five Years of My Life: An Innocent Man in Guantánamo,” was detained from 2001 to 2006 [ http://www.amazon.com/Five-Years-My-Life-Guantanamo/dp/0230603742 ].

© 2012 The New York Times Company

http://www.nytimes.com/2012/01/08/opinion/sunday/notes-from-a-guantanamo-survivor.html

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