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Algerian Six

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Pictures of the "Algerian Six" from their Combatant Status Review Tribunals.
Pictures of the "Algerian Six" from their Combatant Status Review Tribunals.

The Algerian Six were six Islamic clergy working for charities in Bosnia who fell under suspicion of plotting to attack the American embassy in Sarajevo.[1][2] All six men were born in Algeria but five of them were naturalized Bosnian citizens. Following the al Qaeda attacks on the USA, American intelligence tipped off the Bosnian authorities about their suspicions against the six men. They were charged by Bosnian authorities in October. All the men were then either captured or turned themselves in to the police. In January 2002 the Supreme Court of Bosnia ruled that there was not enough evidence against them, charges were dropped, and the men were released.

Instead of going free, as they were released, they were immediately captured by American forces, and flown to the Guantanamo Bay detention camps, in Cuba. They have been held in extrajudicial detention in Guantanamo ever since.

Contents

Life in Bosnia

During the wars that erupted during the break up Yugoslavia the struggles were largely based on ethnic groups. A large fraction of the Bosnian population were muslims. They received support from other muslim nations, from Islamic non-governmental organizations, and from individual moslem volunteers. After the successful breakaway of Bosnia from the rump of Yugoslavia the newly independent Bosnian republic rewarded the foreign volunteers with an offer of citizenship. Several hundred foreign fighters accepted this offer.

Detention in Guantanamo

The Associated Press has made the Combatant Status Review Tribunals of the six men available for download.[3] Transcripts within these documents record the Bosnians reporting to their tribunal officers that interrogators did not believe that there had ever been any substance in the US allegations that they had planned to bomb the US embassy.

American Review of their status

Their CSR Tribunal concluded that they had been correctly classified as "illegal combatants", based on classified evidence.

As of November 21 2007 all six men remain in US custody.

The Washington Post published a profile of the six Bosnians.[4]

The profile reported that the allegations the men faced during their Administrative Review Board hearings dropped the accusation that the men had been plotting to bomb the US embassy in Sarajevo.

The article reports the speculation that the men remain in detention because the Bush administration is unwilling to undergo the embarrassment of admitting it held the men for four years and never had any real evidence against them.

The article reports some of the new justifications Guantanamo intelligence analysts offered for continuing to detain the men following the abandonment of the claim the men plotted to bomb the US embassy, including:

  • Mustafa Idr had taught Karate to Bosnian orphans.
  • Another detainee, during his compulsory military service, when he still lived in Algeria, over ten years ago, had served as an army cook.
  • "Boudella was accused ... of joining bin Laden and Taliban fighters at Tora Bora, Afghanistan,.. in December 2001. In fact, at the time, Boudella was locked up thousands of miles away in Sarajevo, after his arrest in the later-discredited embassy plot."
  • A ring Boudella wore a ring "similar to those that identified the Red Rose Group members of Hamas," Boudella's wife has obtained an affidavit from the jeweller where the ring was purchased, explaining that this style of ring is extremely popular in Bosnia.

The article reports a confusing story of Bush administration negotiators trying to secure face-saving deals with Bosnia and Algeria. According to the article:

  • "U.S. officials have pressed Algeria to take back the prisoners on the condition that they be confined or kept under surveillance there. So far, the Algerian government has balked."
  • "Senior Bosnian officials said they have been told by U.S. diplomats that the six Algerians will never be allowed to return to Bosnia, which had granted dual citizenship to most of the men before their seizure. Instead, U.S. officials have pressed Algeria to take back the prisoners on the condition that they be confined or kept under surveillance there."
  • Bosnian Prime Minister Adnan Terzic requested Condoleezza Rice arrange the return of the men in a letter dated February 2 2005.
  • On March 17 2005 Rice replied the men could not be freed because "they still possess important intelligence data." Rice also said they still represent a threat to the USA.
  • "Three months later, the State Department offered a somewhat different explanation.., Matthew A. Reynolds, acting assistant secretary for legislative affairs, explained that the Algerians could not be released in part because the Bosnian government 'has not indicated that it is prepared or willing to accept responsibility for them upon transfer'."
  • "Justice Minister Slobodan Kovac said there would be no legal basis to place the men under arrest or surveillance if they were returned to Bosnia because they have already been exonerated there. 'There is no case against them here in Bosnia, no criminal case,' he said."

The article points out that even though the Bush administration has declined to discuss any real evidence they may have against the men that Lieutenant Commander J.D. Gordon stated:

"There was no mistake in originally detaining these individuals as enemy combatants. Their detention was directly related to their combat activities as determined by an appropriate Defense Department official before they were ever transferred to Guantanamo."

The men face annual Annual Review Board hearings.

Habeas corpus petitions

Habeas corpus petitions have been submitted for all of the men.[5]

Bosnian efforts on the men's behalf

Amir Pilav, a Bosnian Justice official, visited the men in Guantanamo in 2004.[6]

According to the New York Times Rasim Kadic, the former head of Bosnia's anti-terrorist task force, said Bosnia has been unable to defend the men's interests properly for fear of angering the United States, saying Bosnia[6]:

"...had no way out. We had to practically sign them away. The presence of U.S. soldiers here is a guarantee for Bosnia for a long time to come, and we have to pay a price."

On Thursday August 23 2007 Bosnia's ministers of justice, human rights and foreign affairs sent a letter to the United States about the six men[7]:

"Bosnia-Herzegovina asked the US authorities to give guarantees that those people will not be sentenced to death, and will not be exposed to torture, inhumane and humiliating treatment."

The "Algerian Six" in detail

10001 Bensayah Belkacem
  • US claimed he was the "primary al Qaida facilitator in Bosnia".[8][9]
  • US alleges cell phone records show 70 calls to Afghanistan in the month following the attacks of September 11, 2001
  • US claims he had two forged passports
  • US claims he had a slip of paper with Abu Zubaydah's cell phone number on it.
  • His wife denies the charges, and states he doesn't even own a cell phone.[10]
10002 Sabir Mahfouz Lahmar
  • Accused of being an associate of Bensayah Belkacem, who is accused of being the chief al Qaida facilitator in Bosnia.[11][12]
10003 Mohamed Nechle
10004 Mustafa Ait Idir
  • Accused of an association with the Armed Islamic Group.[14]
  • Accused of planning to travel to Afghanistan.[15]
  • Accused of being the chief martial arts trainer for Arab fighters during the Bosnian civil war.[15]
  • Says he can prove he was not living in Bosnia during the civil war.[15]
  • Completely denounces violence.[15]
  • Idir alleges beatings broke one of his fingers and left his face partially paralyzed.[16]
  • Has a black belt in karate, and was 1995 Croatian champ.
10005 Lakmar Boumediene
  • Faces the accusation that "...since 1990, has repeatedly traveled to hotspots of regional conflict throughout the Middle East and Eeastern Europe."[17]
  • Faces the accusation that he "...has on multiple occasions provided subsistence to Bensayah Belkacem."[17]
  • Faces the accusation that he "...has given conflicting statements as to the nature of his association with Belkacem."[17]
  • Faces the accusation that he "...admitted retaining and financing legel representation for a known al Qaida operative after that operative's arrest for terrorist activities."[17]
  • Allegedly admitted working in Pakistan, aiding Afghan refugees of the Taliban regime in 1992 and 1993.[17]
  • Was suspected of having links to the Algerian Armed Islamic Group.[18]
  • Allegedly had a photocopy of a newspaper article about a 1998 terrorist attack.[18]
  • Allegedly confessed to lying when he acquired Bosnian citizenship.[18]
10006 Boudella el Hajj

[19][20]

  • Met monthly with Bensayah, and the local leaders of four other charities, to coordinated charitable activiites
  • US alleges the charitable activities were just a front and that the meetings were really to discuss terrorist activities

References

  1. Angry Bosnia Muslims accuse U.S. of bias in seizure of 6 Algerians. Africat (January 30 2002).
  2. Andrew Purvis. "The Suspects: A Bosnian Subplot", Time (magazine), November 12 2001.
  3. "The Associated Press - Washington in Depth", Associated Press, 2005. Retrieved on 2007-11-21.
  4. At Guantanamo, Caught in a Legal Trap: 6 Algerians Languish Despite Foreign Rulings, Dropped Charges, Washington Post, August 21 2006
  5. Marjorie Cohn (February 27 2007). Why Boumediene Was Wrongly Decided. The Jurist. Retrieved on 2007-04-16.
  6. 6.0 6.1 Nicholas Wood. "For Bosnia, Getting 6 Freed From Guantánamo Is a Balancing Act", New York Times, October 21 2004. Retrieved on 2007-11-21.
  7. "Bosnia interested in fate of its people in Guantanamo", Thursday August 23 2007.
  8. OARDEC (24 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Belkacem, Bensayah pages 73-74. United States Department of Defense. Retrieved on 2007-11-21.
  9. OARDEC (19 November 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Belkacem, Bensayah pages 92-94. United States Department of Defense. Retrieved on 2007-11-21.
  10. Ian Fisher. "Qaeda Suspect´s Bosnian Wife Says He´s No Terrorist", New York Times, January 28 2002.
  11. OARDEC (23 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Lahmar, Sabir Mahfouz pages 75-76. United States Department of Defense. Retrieved on 2007-11-21.
  12. OARDEC (25 October 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Manfud, Sabir Lahmar pages 95-87. United States Department of Defense. Retrieved on 2007-11-21.
  13. 13.0 13.1 OARDEC (23 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Nechle, Mohamed pages 77. United States Department of Defense. Retrieved on 2007-11-21.
  14. OARDEC (21 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Ait Idr, Mustafa pages 78. United States Department of Defense. Retrieved on 2007-11-21.
  15. 15.0 15.1 15.2 15.3 OARDEC (29 November 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Ait Idr, Mustafa pages 101-104. United States Department of Defense. Retrieved on 2007-11-21.
  16. Charlie Savage (April 13 2005). Guantanamo detainee is alleging he was brutalized: Suit to seek data about 6 Algerians. Boston Globe.
  17. 17.0 17.1 17.2 17.3 17.4 OARDEC (21 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Boumediene, Lakmar pages 79. United States Department of Defense. Retrieved on 2007-11-21.
  18. 18.0 18.1 18.2 OARDEC (20 October 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Boumediene, Lakhdar pages 105-107. United States Department of Defense. Retrieved on 2007-11-21.
  19. OARDEC (6 October 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Hajj, Boudella pages 80-81. United States Department of Defense. Retrieved on 2007-11-21.
  20. OARDEC (20 November 2006). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Haj, Boudellaa pages 108-110. United States Department of Defense. Retrieved on 2007-11-21.
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