Martin Mubanga: Difference between revisions
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| death_date = | | death_date = | ||
| death_place = | | death_place = | ||
| citizenship = | | citizenship = United Kingdom + [[Zambia]]n | ||
| detained_at = | | detained_at = Guantánamo | ||
| id_number = 10007<ref name=DoDList>[http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', April 20, 2006</ref> | | id_number = 10007<ref name=DoDList>[http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', April 20, 2006</ref> | ||
| group = | | group = | ||
| alias = | | alias = | ||
| charge = no charge, held in | | charge = no charge, held in extrajudicial detention | ||
| penalty = | | penalty = | ||
| status = | | status = repatriated | ||
| csrt_summary = | | csrt_summary = | ||
| csrt_transcript = | | csrt_transcript = | ||
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| parents = | | parents = | ||
| children = | | children = | ||
}}'''Martin Mubanga''' is a joint citizen of both the | }}'''Martin Mubanga''' is a joint citizen of both the United Kingdom and [[Zambia]]. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months.<ref name=DoDList2> | ||
{{Cite web | {{Cite web | ||
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf | | url=http://www.dod.mil/news/May2006/d20060515%20List.pdf | ||
|format=PDF| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 | |format=PDF| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 | ||
| author= | | author=OARDEC | ||
| publisher=[[United States Department of Defense]] | | publisher=[[United States Department of Defense]] | ||
| date=2006-05-15 | | date=2006-05-15 | ||
| Line 40: | Line 40: | ||
The Bush administration routinely describes the Guantanamo detainees as having been [[unlawful combatant]]s, who were captured on the battlefield. Mubanga, however, was the victim of an [[Extraordinary rendition by the United States|extraordinary rendition]] from Zambia, without having an opportunity to challenge his capture or rendition. | The Bush administration routinely describes the Guantanamo detainees as having been [[unlawful combatant]]s, who were captured on the battlefield. Mubanga, however, was the victim of an [[Extraordinary rendition by the United States|extraordinary rendition]] from Zambia, without having an opportunity to challenge his capture or rendition. | ||
Under the | Under the Royal Prerogative, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees. | ||
==Combatant Status Review== | ==Combatant Status Review== | ||
[[Presidency of George W. Bush|George W. Bush administration]] asserted they could withhold the protections of the [[Geneva Conventions]] from captives in the " | [[Presidency of George W. Bush|George W. Bush administration]] asserted they could withhold the protections of the [[Geneva Conventions]] from captives in the "War on Terror."<ref name=Bbc2002-01-21> | ||
{{Cite news | {{Cite news | ||
| url=http://news.bbc.co.uk/2/hi/americas/1773140.stm | | url=http://news.bbc.co.uk/2/hi/americas/1773140.stm | ||
| Line 52: | Line 52: | ||
| quote= | | quote= | ||
}} [http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror] | }} [http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror] | ||
</ref> Critics argued the Conventions obliged the United States to conduct [[competent tribunal]]s to determine the status of prisoners. Subsequently, the [[US Department of Defense]] instituted [[Combatant Status Review Tribunal]]s, to determine whether the captives met the new definition of an " | </ref> Critics argued the Conventions obliged the United States to conduct [[competent tribunal]]s to determine the status of prisoners. Subsequently, the [[US Department of Defense]] instituted [[Combatant Status Review Tribunal]]s, to determine whether the captives met the new definition of an "enemy combatant." | ||
The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”<ref>{{Cite news |url=http://www.fas.org/sgp/crs/natsec/RS22173.pdf |title=Detainees at Guantanamo Bay: Report for Congress |publisher=[[Congressional Research Service]] |first=Jennifer K. |last=Elsea |authorlink=Jennifer K. Elsea |date=July 20, 2005 |accessdate=2007-11-10 |format=PDF}}</ref> | The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”<ref>{{Cite news |url=http://www.fas.org/sgp/crs/natsec/RS22173.pdf |title=Detainees at Guantanamo Bay: Report for Congress |publisher=[[Congressional Research Service]] |first=Jennifer K. |last=Elsea |authorlink=Jennifer K. Elsea |date=July 20, 2005 |accessdate=2007-11-10 |format=PDF}}</ref> | ||
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From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Martin Mubanga was among the two-thirds of prisoners who chose to participate in their tribunals.<ref>[[OARDEC]], [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005], September 4, 2007</ref> | From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Martin Mubanga was among the two-thirds of prisoners who chose to participate in their tribunals.<ref>[[OARDEC]], [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005], September 4, 2007</ref> | ||
A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for the tribunal, listing the alleged facts that led to his detention.<ref name=CsrtMartinMubanga>[{{DoD detainees ARB|Set_53_3870-3959.pdf#1}} Summarized transcripts (.pdf)], from Martin Mubanga's '' | A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for the tribunal, listing the alleged facts that led to his detention.<ref name=CsrtMartinMubanga>[{{DoD detainees ARB|Set_53_3870-3959.pdf#1}} Summarized transcripts (.pdf)], from Martin Mubanga's ''Combatant Status Review Tribunal'' - pages 1-4</ref> | ||
==Complaints against the US== | ==Complaints against the US== | ||
Mubanga has described being the subject of brutal and abusive treatment during his | Mubanga has described being the subject of brutal and abusive treatment during his incarceration and [[interrogation]] while in US custody. | ||
Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the US requesting an official [[extradition]]. His transport is one of the well-known uses of the technique known in the US as [[Extraordinary rendition by the United States|extraordinary rendition]]. | Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the US requesting an official [[extradition]]. His transport is one of the well-known uses of the technique known in the US as [[Extraordinary rendition by the United States|extraordinary rendition]]. | ||
Mubanga describes being shackled so long he lost control of his | Mubanga describes being shackled so long he lost control of his bladder, and then being daubed with his own urine. | ||
Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months. | Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months. | ||
==Complaints against the UK== | ==Complaints against the UK== | ||
Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an " | Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an "MI6 official," and an American woman who told him she a "Defense official". They told him that his UK passport, which he had reported stolen, was found in an al Qaeda cave in Afghanistan. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the US military prison at Guantanamo Bay. | ||
With the help of UK lawyer | With the help of UK lawyer Louise Christian, Mubanga is attempting to sue the UK government for its cooperation with American security officials.<ref>[http://news.bbc.co.uk/2/hi/uk_news/4240107.stm Guantanamo man 'suing government'], BBC, February 6, 2005</ref> The government settled with the nine British citizens in 2010. | ||
==References== | ==References== | ||
Revision as of 05:44, 14 July 2016
| Martin Mubanga | |
|---|---|
 Mubanga in 2005 after his release | |
| Citizenship | United Kingdom + Zambian |
| Detained at | Guantánamo |
| ISN | 10007[1] |
| Charge(s) | no charge, held in extrajudicial detention |
| Status | repatriated |
Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months.[2]
In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.
The Bush administration routinely describes the Guantanamo detainees as having been unlawful combatants, who were captured on the battlefield. Mubanga, however, was the victim of an extraordinary rendition from Zambia, without having an opportunity to challenge his capture or rendition.
Under the Royal Prerogative, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.
Combatant Status Review
George W. Bush administration asserted they could withhold the protections of the Geneva Conventions from captives in the "War on Terror."[3] Critics argued the Conventions obliged the United States to conduct competent tribunals to determine the status of prisoners. Subsequently, the US Department of Defense instituted Combatant Status Review Tribunals, to determine whether the captives met the new definition of an "enemy combatant."
The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”[4]
From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Martin Mubanga was among the two-thirds of prisoners who chose to participate in their tribunals.[5]
A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detention.[6]
Complaints against the US
Mubanga has described being the subject of brutal and abusive treatment during his incarceration and interrogation while in US custody.
Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the US requesting an official extradition. His transport is one of the well-known uses of the technique known in the US as extraordinary rendition.
Mubanga describes being shackled so long he lost control of his bladder, and then being daubed with his own urine.
Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months.
Complaints against the UK
Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an "MI6 official," and an American woman who told him she a "Defense official". They told him that his UK passport, which he had reported stolen, was found in an al Qaeda cave in Afghanistan. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the US military prison at Guantanamo Bay.
With the help of UK lawyer Louise Christian, Mubanga is attempting to sue the UK government for its cooperation with American security officials.[7] The government settled with the nine British citizens in 2010.
References
<templatestyles src="Reflist/styles.css" />
- ↑ list of prisoners (.pdf), US Department of Defense, April 20, 2006
- ↑ Lua error in ...ribunto/includes/engines/LuaCommon/lualib/mwInit.lua at line 23: bad argument #1 to 'old_ipairs' (table expected, got nil).
- ↑ Lua error in ...ribunto/includes/engines/LuaCommon/lualib/mwInit.lua at line 23: bad argument #1 to 'old_ipairs' (table expected, got nil). mirror
- ↑ Lua error in ...ribunto/includes/engines/LuaCommon/lualib/mwInit.lua at line 23: bad argument #1 to 'old_ipairs' (table expected, got nil).
- ↑ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
- ↑ [ Summarized transcripts (.pdf)], from Martin Mubanga's Combatant Status Review Tribunal - pages 1-4
- ↑ Guantanamo man 'suing government', BBC, February 6, 2005
External links
- UK Sought Rendition of British Nationals to Guantánamo; Tony Blair Directly Involved Andy Worthington July 15, 2010
- Jack Straw's role in UK rendition revealed The Guardian 15 July 2010
- Lua error in ...ribunto/includes/engines/LuaCommon/lualib/mwInit.lua at line 23: bad argument #1 to 'old_ipairs' (table expected, got nil).
