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Legal professionals for the longest-held prisoner within the U.S. battle towards terrorism have begun a brand new authorized offensive in a number of courts geared toward securing his launch from Guantánamo Bay.
The prisoner, often known as Abu Zubaydah, was captured in Pakistan in March 2002 in a raid by U.S. and Pakistani safety companies. He was the primary particular person held within the U.S. secret jail community often known as the black websites and the primary to be waterboarded by the C.I.A.
The initiative follows the Pentagon’s disclosure over the summer season {that a} nationwide safety parole-style board deemed Abu Zubaydah too harmful to launch. He has by no means confronted legal fees at Guantánamo. U.S. intelligence concluded that whereas he was a militant in Afghanistan within the Nineteen Eighties and ’90s, he had by no means joined Al Qaeda and had no hyperlink to the Sept. 11, 2001, assaults.
Abu Zubaydah, 52, is being held indefinitely as a detainee of the battle on terrorism the US declared in response to the Sept. 11 assaults. He’s colloquially referred to as a “endlessly prisoner” due to the infinite nature of that battle.
There are different prisoners at Guantánamo Bay who have been captured in 2002. However they’ve been accepted for switch to different international locations, and one has been tried and convicted at a army fee.
Legal professionals in Europe and the US are in search of compensation and condemnations for Abu Zubaydah, who’s Palestinian however was born in Saudi Arabia. His true identify is Zayn al-Abidin Muhammed Husayn.
The brand new initiative started final month with U.S. attorneys submitting a lawsuit in Spokane, Wash., towards two psychologists who waterboarded Abu Zubaydah for the C.I.A. at a black website in Thailand in August 2002. In addition they oversaw a program during which he was disadvantaged of sleep, confined to a field and subjected to different “enhanced interrogation strategies,” because the C.I.A. euphemistically referred to as them.
One of many psychologists, John Bruce Jessen, lives within the federal jurisdiction of the Spokane district. It’s the identical courtroom the place Dr. Jessen and his accomplice, James E. Mitchell, reached a settlement in 2017 with two former prisoners and the household of a 3rd who died in U.S. custody.
The brand new lawsuit on behalf of Abu Zubaydah alleges that he was subjected to torture and merciless, inhuman and degrading remedy, medical and scientific experimentation with out his consent, battle crimes and arbitrary detention.
That effort is led by Solomon B. Shinerock, a former federal and New York Metropolis prosecutor who not too long ago joined Abu Zubaydah’s authorized staff.
He mentioned the prisoner was used as “a guinea pig to check the bounds of human tolerance.”
The case has been assigned to Choose Thomas O. Rice, who was appointed by President Barack Obama. Mr. Obama ended the C.I.A. interrogation and detention program upon taking workplace.
Legal professionals engaged on Abu Zubaydah’s case additionally filed a petition on Friday in Washington, D.C., asking a choose to rule that the C.I.A. disadvantaged him of highly effective proof when it destroyed videotapes of his interrogations in Thailand.
The submitting primarily seeks a ruling that the graphic torture depicted within the tapes would have favored Abu Zubaydah’s efforts to win launch.
“Ninety tapes, protecting presumably a whole bunch of hours of interrogations, have been destroyed,” the 33-page petition mentioned. “The tapes have been related to terrorism investigations, legal investigations and the petitioner’s deprivation of liberty.”
Abu Zubaydah has largely been in a position to inform his personal story solely by way of paintings, when it has been declassified and launched by the jail. Renewed consideration to his case might increase his profile and assist his attorneys discover a nation prepared to take him in.
The expanded authorized strategy is a part of an effort “to help the U.S. authorities in releasing Mr. Abu Zubaydah and discovering a secure and appropriate nation to resettle him peacefully and productively,” mentioned Lt. Col. Chantell M. Higgins, a lawyer with the U.S. Marine Corps who has represented Abu Zubaydah for six years.
“He’s a human being and clearly deserves an opportunity at freedom,” she mentioned.
The federal government’s interagency Periodic Overview Board final held a listening to on the prisoner’s standing on July 15, 2021. The panel concluded almost two years later that he was too harmful to launch. Such evaluations have sometimes take a couple of month.
Later this month, the subject of Abu Zubaydah is on the agenda of a gathering of the United Nations Human Rights Committee in Geneva. That effort is being championed by a human rights lawyer in The Hague and a regulation professor at U.C.L.A.
The U.N. physique has no enforcement authority. However in a short submitted final month, Abu Zubaydah’s attorneys requested the committee to endorse the prisoner’s launch and suggest that the US pay him reparations and difficulty a proper apology.
Hannah R. Garry, the U.C.L.A. professor and the director of a human rights institute there, described the transient as a prong in a coordinated effort on behalf of Abu Zubaydah “to hunt justice for him on a number of fronts and a number of venues.”
U.S. and European attorneys even have long-running lawsuits on his behalf in Poland, the place he was held in a secret C.I.A. jail after Thailand, and in Britain.
Each search damages and accuse these governments of complicity in his torture or detention from 2002 to 2006, when he was held by the C.I.A. past the attain of U.S. and worldwide courts and visits by the Worldwide Pink Cross.
“U.S. courts, together with some justices of the U.S. Supreme Court docket in 2022, the U.S. Senate and U.S. President Barack Obama have all acknowledged through the years that strategies within the C.I.A.’s enhanced interrogation program towards detainees represent torture,” the human rights attorneys’ transient mentioned.
“Regardless of this, to today, the U.S. authorities has by no means formally acknowledged this torture, provided apology or supplied any efficient cures to Mr. Abu Zubaydah and different detainees subjected to its enhanced interrogation program.”
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