Amine Mohammad Al-Bakry, detainee - #40 in Geneva 2006

UNCLAS GENEVA 003120 STATE FOR IO-RHS, DRL-MLA, L-HRR E.O. 12958: N/A TAGS: PHUM UNHRC SUBJECT: Amine Mohammad Al-Bakry, detainee - #40 in Geneva 2006 Communications Log ¶1. Mission has received a communication from Leila Zerrougui, Chairperson-Rapporteur for the Working Group on Arbitrary Detention, concerning Amine Mohammad Al-Bakry, a Yemeni citizen, detained at the US Air Force Base of Baghram, near Kabul, Afghanistan. This communication has been sent via e-mail to IO-RHS and is number 40 on the Geneva 2006 Communications Log. ¶2. Begin text of letter: Dear Mr. Ambassador, The Commission on Human Rights, by resolution 2003/31 entitled "Question of arbitrary detention", decided to renew the mandate of the Working Group on Arbitrary Detention, The mandate was confirmed by Commission's resolution 2005/28 and assumed by the Human Rights Council in its decision 2006/102. It is in my capacity of Chairperson/Rapporteur of the Working Group that I am addressing the present letter to you. I wish to draw your Government's attention to a communication which was submitted to the Working Group on Arbitrary Detention, concerning a case of alleged arbitrary deprivation of liberty reported to have occurred in the United States Air Force Base of Baghram, near Kabul. A summary of the communication is attached to the present letter. In order to be able to render an opinion with respect to the case reported to it, the Working Group would appreciate receiving any information which your Government may wish to provide regarding this case, and in particular, information on the allegations made therein, both in respect of the facts and the applicable legislation. The Working Group would be grateful if you could provide it with a reply at your earliest convenience, and not later than 90 days from the date of transmittal of the present letter, so as to facilitate its task of investigating the case. Nevertheless, should your Government wish that this deadline be extended, the Working Group would be grateful if you could inform it, within the 90-day deadline, of the reasons for that request to enable the Group to extend, if necessary, the deadline keeping in mind the dates of its working sessions. A similar letter has been addressed to the Government of the Islamic Republic of Afghanistan. Please accept, dear Mr. Ambassador, the assurances of my highest consideration. End text of letter. Begin summary of communication: AFGHANISTAN/UNITED STATES OF AMERICA The case summarised below was reported to the Working Group on Arbitrary Detention as follows: ¶1. Mr. Amine Mohammad Al-Bakry, born on 29 December 1968, of Yemeni nationality, residing at Old Airport Road in the city of Al Medinah, Saudi Arabia, is the director of a private company specialized in the import and export of diamonds and precious stones owned by Mr. Djamel Ahmed Khalifa, husband of a Osama ben Laden's sister. ¶2. It was reported that Mr. Al-Bakry was abducted on 28 December 2002 in Thailand, during a business trip to Bangkok, reportedly by agents of the Intelligence Services of the United States or of Thailand. During the whole year 2003, his whereabouts were unknown. The Thai authorities confirmed to Mr. Al-Bakry's relatives that he had entered into Thailand's territory but denied know his whereabouts, In January 2004, Mr. Al-Bakry's relatives received a letter from him sent through the International Committee of the Red Cross (ICRC) announcing that he was kept in detention at the United States Air Force Base of Baghram, near Kabul, Afghanistan. ¶3. The source mentions that Mr. Al-Bakry was detained due his commercial connections with Mr. Khalifa. Mr. Khalifa himself was arrested in San Francisco, United States of America, and, after four months in detention, expelled to Jordan. In Jordan he was detained during two months without charges or trial. He is now residing at liberty in Saudi Arabia. The source considers that Mr. Khalifa was detained due to his family connection with Osama ben Laden. ¶4. Mr. Al-Bakry has been detained for more than 41 months in the military base of Baghram without any charge laid against him. No trial has been set. Furthermore, he has been refused access to defense lawyers and the only visits he may receive are those from representatives of the ICRC. Mr. Al-Bakry is not able to challenge the lawfulness of his detention or to appear before a competent, independent and impartial judicial authority. ¶5. According to the source, the detention of this person is arbitrary and contrary to his rights and freedoms guaranteed by articles 9 and 10 of the Universal Declaration of Human Rights and by articles 2, 9 and 14 and of the International Covenant of Civil and Political Rights, of which Afghanistan and the United States of America are parties. States are obliged to apply the norms of the International Covenant on Civil and Political Rights to all persons under their jurisdiction. The International Covenant thus applies in all territories under the effective control of the Afghan and the US Governments and to all persons under their jurisdictions. The United States has not temporarily derogated from a part of its obligations under the International Covenant on Civil and Political Rights in conformity with Article 4 of the Covenant and with General Comment No. 31 (2004) of the Human Rights Committee (CCPR/C/21/Rev.1/Add. 13, para 10). ¶6. The source adds that Mr. Al-Bakry has been denied the right to a fair trial recognized by Articles 105 and 106 of the Third Geneva Convention and article 75 of its Additional Protocol I. Both Governments have denied to the persons detained at Baghram military base the Prisoners of War status. Consequently, the International Human Rights law should be applied. The source adds that the right to a fair trial is inalienable and constitutes a guarantee necessary to the effective enjoyment of all human rights and the preservation of legality in a democratic society. ¶7. The Working Group would appreciate if the Governments of Afghanistan and of the United States of America could, in their replies, provide it with detailed information about the current situation of the above-mentioned person and to give clarifications about the legal provisions to justify his continued detention. End of summary of communication. TICHENOR NNNN