Khaled Ben Mustafa Explained

Charge:extrajudicial detention

Khaled Ben Mustafa is a citizen of France who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] The Department of Defense reports that Mustafa was born on January 9, 1972, in Lyon, France.His Guantanamo Internment Serial Number was 236.

Although originally convicted in France, his trial was overturned and he was released in February 2009.[2] On February 17, 2010, the Court of Cassation, a higher court, ordered a re-trial of Khaled Ben Mustafa and four other men.[3] On January 18, 2012, Sophie Clement, the investigating magistrate in Ben Mustafa's case, requested permission from the USA to travel to Guantanamo to investigate the claims Ben Mustafa and other men had made that they were tortured there.[4]

Official status reviews

A Summary of Evidence memo was prepared for his tribunal. The memo accused him of the following:[5]

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[6] [7] [8] Ben Mustafa assessment was three pages long, and recommended transfer to another country.His assessment was signed by camp commandant Jay W. Hood.

Comments on the June 10, 2006 simultaneous death of three Guantanamo detainees

On June 23, 2006, Mustafa wrote about the deaths of the three detainees Mana Shaman Allabardi al Tabi, Yasser Talal al Zahrani and Ali Abdullah Ahmed who died on June 10, 2006, in Guantanamo.[9] Mustafa knew all three men.He said Yasser had invited him to visit him, in Saudi Arabia, once they were released. This suggested to Mustafa that Yasser really didn't commit suicide. Mustafa said all three men had memorized the entire Koran.

See main article: Guantanamo Bay homicide accusations.

French trial

Khaled Ben Mustafa, and four other French citizens, were convicted in 2007 of "criminal association with a terrorist enterprise."[10] They had their convictions overturned on appeal on February 24, 2009. Their convictions were overturned because they were based on interrogations conducted in Guantanamo, and the interrogations were conducted by French security officials, not law enforcement officials.

On February 17, 2010, a higher court of appeals, the Court of Cessations, re-instated the charges against the six men.[3] On January 20, 2011, Mustafa`s lawyers cited diplomatic cables published by whistleblower organization WikiLeaks which they argued showed inappropriate cooperation between French and American officials.[11] On January 18, 2012, Sophie Clement, the Chief Investigating Magistrate in the six men's case, requested permission to go to Guantanamo, to investigate the claims of Ben Mustafa and the other men that they had been tortured. She requested access to the internal documents about the men.[4] According to the Associated Press, Philippe Meilhac, Ben Mustafa's lawyer, described Clement's request as "unprecedented":

External links

Notes and References

  1. Web site: List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. 2006-05-15.
  2. News: Terror convictions overturned in France. New York Times. 2009-02-24. 2012-07-24.
  3. News: France orders 5 former Gitmo inmates back to court . . 2010-02-17 . Nicolas Vaux-Montagny . https://archive.today/20240524212048/https://www.webcitation.org/5ncgJRbGQ?url=http://www.google.com/hostednews/ap/article/ALeqM5glw9fmMmPBK6o3H7k_lzmjIR4rBwD9DU5QC00 . 2024-05-24 . dead.
  4. News: French judge seeks access to Guantanamo amid torture probe . France 24. 2012-01-18. 2012-07-24. The magistrate is looking to shed light on possible acts of torture during the detention at Guantanamo of defendants Mourad Benchellali, Nizar Sassi and Khaled Ben Mustapha, and would potentially include questioning of US military personnel..
  5. Web site: Summary of Evidence for Combatant Status Review Tribunal -- Mustafa, Khaled Ben . 18 November 2004 . OARDEC . OARDEC . 62–63 . . 2007-11-16 . dead . https://web.archive.org/web/20080625052741/http://www.dod.mil/pubs/foi/detainees/csrt_arb/000201-000299.pdf#62 . 25 June 2008.
  6. News: WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose . . 2011-04-27 . 2012-07-13 . Christopher Hope . Robert Winnett . Holly Watt . Heidi Blake . 2012-07-15 . https://web.archive.org/web/20120715015806/http://www.telegraph.co.uk/news/worldnews/wikileaks/8471907/WikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html . live . The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America's own analysis of almost ten years of controversial interrogations on the world's most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website. .
  7. News: WikiLeaks: The Guantánamo files database. https://web.archive.org/web/20110429040459/http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. dead. 2011-04-29. The Telegraph (UK). 2011-04-27. 2012-07-10.
  8. News: Guantanamo Bay detainee file on Khaled Ben Mustafa, US9FR-000236DP, passed to the Telegraph by Wikileaks . The Telegraph (UK). 2011-04-27. 2012-07-24.
  9. http://www.cageprisoners.com/articles.php?id=14740 Statement from Khalid Ben Mustapha on the Guantanamo Deceased
  10. News: Paris Court Acquits Former Guantanamo Detainees. Huffington Post. 2009-02-24. 2009-02-24.
  11. News: Lawyers for former Guantanamo inmates cite WikiLeaks cables in French terrorism trial . . Pierre-Antoine Souchard . 2011-01-20 . 2012-07-24 . In one March 2005 cable, French investigators told American officials that the cases against two of the ex-Guantanamo inmates, Ridouane Khalid and Khaled Ben Mustafa, "would be much more difficult" than for other French former inmates of the prison. The cable was among many released recently by WikiLeaks. . 2016-03-03 . https://web.archive.org/web/20160303233151/http://www.startribune.com/templates/Print_This_Story?sid=114297149 . dead.

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