U.N. Demands Release of Guantanamo Prisoner

In November 2022 (and publicly released on  April 28, 2023), the U.N. Working Group on Arbitrary Detention, which has no enforcement powers,  urged the U.S. to release  immediately a prisoner (Zayn al-Abidin Muhammed Husayn) who was captured in Pakistan in 2002 and became the first prisoner at a CIA “black site” (secret prison) where he was waterboarded and thereafter held until he was transferred to the Guantanamo prison in 2006. Ever since then he has been held there without charges. The U.S. has argued that although this prisoner was never a member of Al Qaeda, he allegedly helped jihadists reach Afghanistan for training before the 9/11 attacks.[1]

The U.N. Working Group found that this prisoner “had been denied a meaningful review of his detention and so was being unlawfully held. The appropriate remedy would be to release Mr. Zubaydah immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.’” Before his transfer to Guantanamo, he was held in CIA sites in Afghanistan, Poland, Morocco, Lithuania and Thailand; in the last of which he was waterboarded, deprived of sleep and confined in a coffin-like box.

His attorney, “Lt. Col. Chantell M. Higgins, a U.S. Marine, said this condemnation should provide “a greater incentive for the United States to find a place for him to go, and release him.”

Another attorney and specialist in international human rights,, Helen Duffy, who brought his case before this U.N. body, said that he “has a well-founded fear of further violations if sent to Saudi [Arabia, where he was born],and we hope to engage with the United States and other states on alternative sites of relocation.”

Colonel Higgins suggested Qatar might be a suitable location as it “has been generous and successfully taken foreigners detained at Guantanamo.”

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[1] Rosenberg, U.N. Body Demands Release of Guantanamo Prisoner Who Was Tortured  by the C.I.A., N.Y. Times (May 1, 2023). See also U.S. Should Release All Guantanamo Prisoners and Close Down, dwkcommentaries.com (April 29, 2023).

“MUSLIM NATIONS LEAD ACTION AGAINST TERRORISM”    

This was the large- caps subheading of a November 24 full-page ad in the Wall Street Journal with the even more prominent large-caps headline, “ALLIED AGAINST TERRORISM.” It was the proclamation of the        Islamic Military Counter Terrorism Coalition” (IMCTC).

The ad went on to say, “Until now, counter-terrorism efforts have been fragmented, with nations and groups often taking isolated initiatives against the growing threat of terror. From November 26th, international counter-terrorism efforts will take a new dimension. Forty-one Muslim countries are coming together in Riyadh [the capital of Saudi Arabia] to launch a global, multi-disciplinary strategy that aims to tackle terrorism at its deepest roots. Under the banner of the IMCTC, these nations will forge an unprecedented and powerful coalition against terror—a coalition that will source sustainable counter-terrorism initiatives in the four strategic domains of Ideology, Communications, Counter Terrorist Financing, as well as Military, to build a cohesive, united front against terror.”[1]

This inaugural IMCTC meeting will be opened by Saudi Arabia’s His Royal Highness Crown Prince Mohammed bin Salman, who at age 32 has been leading major reform efforts in the Kingdom and in the Islamic world.[2]

Its website (www.IMCTC.org) lists the following countries as members: Islamic Republic of Afghanistan, Kingdom of Bahrain, People’s Republic of Bangladesh, Republic of Benin, Burkina Faso, Brunei Darussalam, Republic of Thad, Union of the Comoros, Republic of Còte d’Ivoire, Republic of Dijbouti, Arab Republic of Egypt, Republic of Guinea-Bissau, Hashemite Kingdom of Jordan, State of Kuwait, Republic of Lebanon, State of Libya, Republic of Maldives, Republic of Mali, Islamic republic of Mauritania, Kingdom of Morocco, Malaysia, Republic of Niger, Federal Republic of Nigeria, Sultanate of Oman, Islamic Republic of Pakistan, State of Palestine, State of Qatar, Kingdom of Saudi Arabia, Republic of Sierra Leone, Republic of Somalia, Republic of Senegal, Republic of Sudan, Republic of Togo, Republic of Tunisia, Republic of Turkey, Republic of Uganda, United Arab Emirates and Republic of Yemen.

Notable absentees from this list (with their Muslim populations) are Indonesia (202,867,000). India (160,945,000), Iran (73,777,000) and Algeria (34,1999,000).[3]

This coalition was started in December 2015 by the Kingdom of Saudi Arabia, and in March 2016 chiefs of staff from Islamic countries met in Riyadh and affirmed  “their determination to intensify efforts in fighting terrorism through joint work according to their capabilities, based on the desire of each member country to participate in operations or programs within the IMCTC framework as per its  policies and procedures, and without compromising the sovereignty of the Coalition member countries.” This group of chiefs of staff adopted the following as its strategic objectives:

  • “Strengthen the contribution of Islamic countries towards global security and peace, and complementing international counter terrorism efforts.
  • Reinforce solidarity and collaboration among coalition member countries to present a unified front against terrorist organizations and their attempts to destabilize security and distort the image of Islam and Muslims.
  • Counter radical ideology in Coalition member countries through strategic communication campaigns to refute the radical and extremist narratives and propaganda.
  • Reaffirm the moderate values of Islam and its principles of peace, tolerance and compassion.
  • Combat terrorism financing in collaboration with Coalition member countries and international [counter-terrorism] authorities, to promote compliance with international agreements and advance legal, regulatory, and operational frameworks.
  • Establish strategic partnerships between member countries, supporting nations and international organizations to share counter terrorism information and expertise.”

Conclusion

All of us will need to follow what happens at this inaugural IMCTC conference and the implementation of its objectives. It sounds like an important and positive development.

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[1] IMCTC’s Ideology domain has been presaged by the Marrakesh Declaration from January 2016 as discussed in a prior post.

[2] Press Release: His Royal Highness Crown Prince Mohammed bin Salman to Open Inaugural Meeting of the IMCTC Ministers of Defense Council  (Nov. 22, 2017); Friedman, Saudi Arabia’s Arab Spring, at Last (Nov. 23, 2017); Mohammad bin Salman, Wikipedia.

[3] Pew Research Center, Mapping the Global Muslim Population (Oct. 7, 2009).