Feroz Abbasi is one of nine British men who were held in
extrajudicial detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
. He was repatriated in 2005 and released by the British government the next day. He was released from detention
Allegations and internment
Abbasi was born in 1979 in
Entebbe, Uganda into an
Indian family who
later immigrated to the United Kingdom. The U.S. government alleged that Abbasi attended four separate
al-Qaeda
Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
training courses at the
Al Farouq training camp The Al Farouq training camp, also called ''Jihad Wel al-Farouq'', was a Taliban and Al-Qaeda training camp near Kandahar, Afghanistan. Camp attendees received small-arms training, map-reading, orientation, explosives training, and other training. N ...
, near
Kandahar
Kandahar (; Kandahār, , Qandahār) is a city in Afghanistan, located in the south of the country on the Arghandab River, at an elevation of . It is Afghanistan's second largest city after Kabul, with a population of about 614,118. It is the ca ...
, and also at the nearby camp,
Ubaida. He was taught urban warfare, assassination techniques, intelligence collection and surveillance. They allege that he volunteered to participate in
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...
operations and met
Osama bin Laden, the founder and leader of al-Qaeda, three times. However, this theory was later dismissed as Abbasi would have been too young and there was no evidence to back this. He was alleged to have fought with al-Qaeda and the
Taliban
The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalist, militant Islamist, jihadist, and Pas ...
against American and coalition forces in Afghanistan. When he was captured by the
Afghan Northern Alliance
The Northern Alliance, officially known as the United Islamic National Front for the Salvation of Afghanistan ( prs, جبهه متحد اسلامی ملی برای نجات افغانستان ''Jabha-yi Muttahid-i Islāmi-yi Millī barāyi Nijāt ...
, they claim he had hand grenades strapped to his legs and was carrying a military radio. He was handed over to U.S. forces. They referred to him as "the
SAS
SAS or Sas may refer to:
Arts, entertainment, and media
* ''SAS'' (novel series), a French book series by Gérard de Villiers
* ''Shimmer and Shine'', an American animated children's television series
* Southern All Stars, a Japanese rock ba ...
guy" in reference to his extensive training,
[Begg, Moazzam. ''Enemy Combatant'', 2017] and shipped him to the
Guantanamo Bay detention camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
.
His mother and his lawyers argued that Abbasi was one of a small group of idealistic young Muslim men who found themselves caught in the wrong place at the wrong time. She said she was worried for his mental welfare as he was barely 18.
The
British Court of Appeal said it found his detention at Guantanamo "legally objectionable", but stopped short of forcing the government to intervene on his behalf. The U.S. government announced that Abbasi would be one of the prisoners facing charges before a military tribunal, although it was announced that he would not face the death penalty if convicted as he was a first time offender and the case was not strong enough to pursue this type of punishment. This case was also dismissed on the grounds of lack of evidence and no hard evidence from the U.S. government to back the allegations that were made. Subsequently, Abbasi proceeded to sue the U.S government, stating in an interview that "they had made his life hell" and left him with everlasting mental issues. Abbasi won the tribunal against the U.S. government and was compensated £3.5 million as a result of this.
After Abbasi's release, American authorities released to the
BBC further details of their allegations, as well as a statement allegedly written by Abbasi which, they claimed, was a handwritten autobiography written whilst in detention. The document allegedly describes his anguish and low self-esteem before he left England and outlines how a
jihad
Jihad (; ar, جهاد, jihād ) is an Arabic word which literally means "striving" or "struggling", especially with a praiseworthy aim. In an Islamic context, it can refer to almost any effort to make personal and social life conform with Go ...
group works and describes his training and use of weapons. But, Abbasi's lawyer confirmed Abbasi's claims to have been
tortured
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts car ...
, and as a result, the statement was legally worthless as evidence.
Release
His mother, his
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with Bicameralism, bicameral parliaments, this term refers only to members of the lower house since upper house ...
(MP)
Mary Creagh, and human rights lawyers and organisations worked against the US internment and military tribunal process. They also called on the British government to put greater pressure on their US counterparts to improve the tribunal process, detention conditions, and access for the family and lawyers. The British government pressured the US to release its citizens, reportedly leading to a rift between the two countries.
British Foreign Secretary Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
announced that the remaining Britons in Guantanamo Bay who were originally with Feroz Abbasi, would be returned to Britain "within weeks" after "intensive and complex discussions" with the US government. Although they were still regarded as "enemy combatants" by the US government, no charges have ever been brought against any of them.
On 25 January 2005, the remaining Britons were flown back to the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
by an
RAF aircraft. On arrival they were arrested by officers from the
Metropolitan Police and taken to
Paddington Green Police Station for questioning under the
Terrorism Act 2000
The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Em ...
. By 9pm the next day, 26 January, all four had been released without charge.
The
BBC learned that Abbasi and Martin Mubanga had received letters from the British government telling them that they would not be allowed
passports
A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the perso ...
. Using the
Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the ...
for the first time since 1976, the government withdrew the passports for the time being due to evidence gathered against them by the US. The British government suggested they were likely to take part in action against UK or allied targets if they left Britain. It was unclear whether the evidence was gathered in Guantanamo, where their lawyer has alleged Abbasi and Mubanga suffered torture, or whether this measure was part of the conditions agreed with the US government for their release. Abbasi later won his appeal to gain his passport back as he was no longer deemed a threat.
Transcripts from hearing
Following a
Freedom of Information Act request from the
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
, 5000 pages of information were released containing the names and home countries of many detainees in Guantanamo Bay. Amongst this documentation is a transcript of the hearing at which Feroz Abbasi was present. Mr. Abbasi's session, begins on page one o
this PDF file
Feroz Abbasi asked:
"May I have my legal representative present please?"
The tribunal president, a USAF colonel (whose name has been blacked out in the document) replied:
"No you may not. This is not a legal proceeding. It is a military tribunal."
Feroz Abbasi continued:
"On the basis that the tribunal can actually hold me here in incarceration or release me, I would consider this a criminal proceeding."
Feroz Abbasi (reading):
AKA Malcolm X. I am not anti-American and I did not come here to condemn America. I want to make that very clear. I came here to tell the truth and if the truth condemns America, then she stands condemned...(inaudible) The sun rising is splendour. A notice. It is my duty as a Muslim to warn all who are involved in this matter that they are personally responsible for their actions at all times before Allah. Allah says in this uncreated word that is the Koran. Is the man who believes no better than the man who is rebellious and wicked? Not equal are they. For those who believe and do righteous deeds are gardeners as hospitable homes for their good deeds. As to those who are rebellious or wicked their abode will be the fire. Every time they wish to get away from there they will be forced there into and it will be said to them, Take ye the penalty of the fire which ye will want to reject as false. And indeed we will make them taste of the penalty of this life prior to the supreme penalty in order that they may repent and return. And who does more wrong than one to whom are recited the signs of his lord and who turns away there from. Vary from those who transgress we will exact due retribution. Chapter 32 Al Sajdah, verses 18–22.
Abbasi continues quoting from the Koran.
The president says he: "appreciates your concern for our souls".
Following Abbasi's concerns about his classification from the point of Islamic law, the tribunal president states:
"This is not Islamic law. It has no authority here."
Abbasi then repeatedly brings up his status under international law. The tribunal president says:
"International law does not apply.
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
do not apply. You have been designated an
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
. This Tribunal will fairly listen to your explanation of your actions."
After repeated references to international law by Abbasi, the tribunal president states:
"I don't care about international law. I don't want to hear the word international law again."
[Summarized transcripts (.pdf)]
, from Feroz Abbasi's ''Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
'' – pages 1–9
Abbasi also asked to be treated as a
prisoner of war
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of ...
and declared he would be humbled to be regarded as a combatant, stating:
"Do not be fooled into thinking I am in any way perturbed by you classifying me as a (nonsensical) 'enemy combatant'. In fact quite to the contrary I am humbled that Allah would honour me so."
Abbasi admitted attending an al-Qaeda training camp visited by Osama Bin Laden:
"Yes, I was present at the very speech when with his own mouth and tongue he told Basic Training that he had received a fax from the Americans!".
[Guantanamo: Anatomy of a hearing]
'' BBC'',
Press reports
The American magazine ''
Mother Jones'' provided excerpts from the transcripts of a selection of the Guantanamo detainees.
["Why Am I in Cuba?"]
''Mother Jones (magazine)
''Mother Jones'' (abbreviated ''MoJo'') is an American progressive magazine that focuses on news, commentary, and investigative journalism on topics including politics, environment, human rights, health and culture. Clara Jeffery serves as edi ...
'', July 12, 2018 Abbasi was one of the detainees profiled.
According to the article, his transcript contained the following exchange:
Interview
In January 2012, Abbasi talked to ''The Observer'' about his life since his release. He was finding it difficult to get back to ordinary life.
References
External links
Report on Torture, Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantánamo Bay, Cuba. (Abbasi)Center for the Study of Human Rights in the Americas
University of California, Davis
The University of California, Davis (UC Davis, UCD, or Davis) is a public land-grant research university near Davis, California. Named a Public Ivy, it is the northernmost of the ten campuses of the University of California system. The inst ...
*
{{DEFAULTSORT:Abbasi, Feroz
People from Croydon
British Muslims
Guantanamo detainees known to have been released
Ugandan Muslims
Ugandan emigrants to the United Kingdom
English people of Ugandan descent
English people of Indian descent
Living people
1979 births
British extrajudicial prisoners of the United States