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


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