A case of mistaken identity at Guantanamo Bay
It is more than four years since I first heard the name Omar Deghayes.
In order to see this content you need to have both Javascript enabled and Flash installed. Visit BBC Webwise for full instructions. If you're reading via RSS, you'll need to visit the blog to access this content.
His family, who were based in Brighton, were at their wits end.
Omar, their son and brother was being held in Guantanamo Bay.
The United States deemed him to be a terrorist. The evidence? A jihadi video from Chechnya in which Omar Deghayes was said to feature.
The family had not seen the video, which had been found in an apartment in Madrid.
The formidable Spanish judge, Balthazar Garzon, was demanding the Americans hand Omar Deghayes to Spanish police so he could help with their inquiries - the notion was that he had been linked to the cell responsible for the Madrid train bombings which killed 191 people.
Omar, who had only recently become a devout Muslim and headed east, was in deep trouble.
Later that day, through contacts in Madrid, I secured a copy of this all-important video.
His brother, Taher, watched as the murky, ill-focused footage revealed jihadists in conference around a table and then roaming outdoors, mugging for the camera on the Chechen hills.
We came to a close-up of a well-fed, bearded character on whom the Spanish police had superimposed the name "Omar Deghayes".
Taher exhaled and beamed: "That's not him! No, it's not him."
He then went through all the different reasons this was most certainly not his younger brother - the nose, the eyes - there was no resemblance.
And wouldn't he recognise his own brother? He'd known him literally all his life, even before the family had fled their home in Libya after the assassination of their father, a prominent lawyer and opponent of President Gadaffi.
We put out a film on Newsnight telling the story of Deghayes, showing the video and letting Taher state his case.
But this was a brother supporting a brother (and I use the word in the familial sense). He would proclaim mistaken identity wouldn't he? We could not reach any firm conclusion.
A few days later I received a call from the BBC's monitoring service at Caversham, the people who follow with diligence the fine detail and daily shifts of international affairs.
Paul Tumelty, a researcher with great expertise in the waning fortunes of Chechen jihadists, said he had seen our Newsnight piece and had instantly recognised the man named in the video.
He was "100% certain" this was in fact a notorious jihadist. And that he certainly was not Deghayes but one "Walid", a warlord who had been much feared. Past tense. Walid had been dead for a year or more, killed fighting the Russians.
At this point one would like to say we ran that story and Deghayes was on the next plane home from Guantanamo Bay. Sadly, only the first part of the sentence is true.
It was almost three more years before Omar Deghayes was released.
As he tells it, his US captors simply replaced one set of false allegations with another - a pattern he claims was familiar throughout his incarceration.
His account of what happened during his years of imprisonment - in Pakistan, Afghanistan and Guantanamo - is both fascinating and troubling.
It poses further serious questions as to how the US behaved in the War On Terror and to what extent British intelligence was complicit.
Omar says it is good to be back in Brighton. After so often being the subject of interrogation, now he would like some answers of his own.
Watch Peter Marshall's interview with Omar Deghayes on Newsnight on Friday 19 June, then online at the Newsnight website.
© MMIX~RS~q~RS~~RS~z~RS~42~RS~)
Comments
Sign in or register to comment.
the war on terror is a neocon term. to use it is to buy into the mindset. an essentially bearing false witness mindset. it elevates criminal behaviour that should be dealt with under normal criminal law to a false narrative.
the narrative attempts to persuade that these are motiveless aimless killers who are simply irrational monsters out to kill 'innocent' people. It disguises what the narrative is pro by stating what they are against.
so it is not pro law it is not pro human rights, it is not pro process or pro scrutiny. It is in such darkness that insults to humanity like gitmo, abu gharaib, rendition and dossiers breed.
Complain about this comment
THE TREATMENT OF PRISONERS
There is a very strong temptationfor government (British) forces to act outside the law, the excuses being that the process of law are to cumbersome, that the normal safeguards, in the law for the individual are not designed for an insurgency and that at terrorist (Omar Deghayes) deserves to be treated as an outlaw anyway. Not only is this MORALLY WRONG, but, over a period, it will create more practical difficulties for a government (British) than it solves. A government (British) which does not act in accordance with the law forfeits the right to be called a government (British) and cannot expect its people to obey the law. Functioning in accordance with the law is a very small price to pay in return for the advantage of being the government (British). (Source: Sir Robert Grainger Ker Thompson, Defeating Communist Insurgency: Experiences from Malaya and Vietnam, 1966).
What applied to Communist Insurgents, applies to (IFF) Islamic Freedom Fighters, what applied to Malaya and Vietnam applies to Iraq and (Af-Pak).
The captured soldiers should be kindly treated and kept (Source: Sun Tzu, The Art of War) This was written (500 B.C.) five-hundred year before the birth of Christ.
Among the prisoners, those who were coerced into joining the reactionary forces but who are more or less inclined towards the revolution should be won over in large numbers to work for our army. The rest should be released and, if they fight us again and are captured again, should again be set free. We should not insult them, take away their personal effects or try to exact recantations from them, but without exception should treat them sincerely and kindly. This should be our policy, however reactionary they may be. It is a very effective way of isolating the camp of reaction. (Source: On Policy December 25, 1940, Selected Works, Vol. II, pp, 446-47, Chairman Mao Tse-Tung, The Peoples Republic of China).
Terrorism is not war; (it is an important tactic of war). The distinction is neither arbitrary nor small. To give some recent examples: Terrorism was used with efficiency by the United States of America in Vietnam, Iraq, and now in (Af-Pak) a larger invading nation against a weaker one. And when war is used as an arbitrary exercise of power it is tyranny.
The true Terrorist the true Criminals therefore are?
Complain about this comment
THE POISON OF A TERRORIST STATE
(CREATING THE TERRORIST MYTH)
Under the excuses being that the process of law is to cumbersome, that the normal safeguards, in the law for the individual are not designed for an insurgency/War on Terrorism, and that at terrorist deserves to be treated as an outlaw anyway, The Empire Terrorist State and its forces are acting far outside International Law, Morality, and Human Rights, that as it is written in the Tso Chuan, If bees and scorpions carry poison, how much more will a hostile State! Even a puny opponent, then, should not be treated with contempt. Then they must be feared, and death with, the methods are shooting them on the battlefield, not treating them as soldiers without uniforms and having the recognized International rights of prisoners of war, but as a new and totally unique aberration, A Terrorist, a Jihadists Terrorist, and not an (IFF) Islamic Freedom Fighters. A prisoner that neither falls under the Laws of the State, nor the International Laws to receive the Treatment of Legal Combatants, but much as The Count De Monte Cristo, with years of imprisonment/incarceration, in Afghanistan, Guantanamo, Pakistan, or some other unnamed hell hole of the damned. Without evidence, the Right of Habeas Corpus, with one set of false allegations after another being changed, based upon confession make under torture or enhanced interrogations, or simply do not bring specific charges, it is simply detainment as the case is being built, with the passage of time, evidence and people tend to and are lost, and forgotten, and may be released when the war is over or maybe never.
(The Tactic of Terrorism)
In Russia they have a saying, if there is a fly in your soup, it is better to separate the two before you start eating, what is Terrorism? There exists (2) two types of Terrorism, State Terrorism and Terrorist tactics of the oppressed, Terrorism is not War, it is an important TACTIC of war, a tactic that will continue to exist as long as politicians and rulers forget moral principles, allowing the factors that feed terrorism to exist which are, corruption, graft, greed, lawlessness, poverty, and suffering, (The Seven Deadly Sins Incarnate in the Power of THE EMPIRE), two separate and unequal societies Main Street, and Wall St., those that have and those that have not, the rich and powerful, and the poor, and weak. And, the day will never come when the Morally Corrupt Empire Leadership will understand that (To Those That Much Is Given, Much Is Expected), but as British Lord Acton famously said, power corrupts; and absolute power corrupts absolutely, living in the belief that the world and life are simply unfair, and this is a dog eat dog world, and only the strong are meant to survive.
(State Terrorism)
And example is in fact the (AIE) American Israeli Empire, simple know as the Empire tyranny of arbitrary exercise of power, as a TERRORIST STATE, outside the law and therefore forfeits the right to be called a legal government but a Rogue Terrorist State, and cannot expect those weaker States or People to obey the established laws but must revert to the laws of nature, and the prime law of survival, if the State is Immorally, functioning outside all International legal law and moral code, than Immoral acts against the State based upon the Law of Survival is an act of Self-Defense. The Empire with great efficiency exerted STATE BASED TERRORISM, against Korea, Vietnam, Iraq, and now in (Af-Pak), the act of a larger stronger State invading a smaller Weaker State, and this would neither be an arbitrary, small, or wrong distinction. . What has the EMPIRE been pursuing in both Iraq and (Af-Pak) Afghanistan and Pakistan, the proliferation of democracy, or the defeat of terrorism, and the answer is neither, it is about maintaining the Status Quo, its about Markets and Resources, its about the establishment of the (1) One World Government the Hierarchical Structure, with the EMPIRE at its apex. The consequences of this Morally Wrong, State Terrorism, whether one believes in a Deity, Karma, Fate or that in the end Right always prevails just like the mess of World Wars I and II, Korea, Vietnam, Iraq, the (Af-Pak) War will be left to the rest of the civilized Spheres of Influence put together to clean up, and that will be in the very near future, If a Nuclear War is yet obtainable.
(Terrorism Act of Self-Defense)
The Tactic of Terrorism exist due to the fact that it is the Only tactic when the very few, face the very many, when the very weak meet the very strong, if it is the only weapon in the quiver of arrows that may have any effect that may make the wrongs being perpetrated upon them right, good can be made out of evil acts as long as the ends justify the means, the abomination of State Terrorism upon that of the weaker parts of humanity, are acts of State Terrorism against, the basic human rights, common to mankind, and is the greater evil, making the act or use of the tactic of Terrorism an act of self defense. The Empire Terrorist State created the acts of Tactical Terrorism, those that act in Self-Defense, those victims of the Empire Terrorist State did not create the Terrorist State but simply responded in kind. If bees and scorpions carry poison, how much more will a hostile State!
Complain about this comment
"Is Bercow being nosed out in race for Speaker?"
Looks to me like the guy in this picture could nose anyone out :-)
Complain about this comment
MODERN DAY CHATEAU DIF PRISONERS
Whoever they are they going to be, how are they going to be imprisoned and how are they going to be tried and what are the rules regarding their release? Until that is done, I think it is a mistake to talk about closing Guantanamo Bay. (Source: South Carolina, Empire Republican Senator)
Lets begin with giving some names to the Modern Day Chateau DIf Prisoners:
(OMAR DEGHAYES)
Whoever they are, like Omar Deghayes, of the (U.K.) United Kingdom, Brighton, Who spent (3) Three years in as an inmate imprisonment/incarceration, in Afghanistan, Guantanamo, Pakistan, as many are now doing time without names in these or some other unnamed hell hole of the damned. It was almost three more years before Omar Deghayes was released. And, what was his crime, having been mistaken for a ferrous (IFF) Islamic Freedom Fighter, Chechen Jihadist, Warlord by the name of Walid, that was (KIA) Killed In Action, against Russian Federation Troops a year before Omar Deghayes was wrongfully imprisonment/incarceration, Without evidence, the Right of Habeas Corpus, (The Right to Face Your Accuser), with one set of false allegations after another being changed, based upon confession make under torture or enhanced interrogations. And, just what does Omar Deghayes have to show for (3) three years taken from his life a Sorry about That.
(The Legendary Harmbali)
Does this person really exit?
On August 2003, in the ancient Thailand Capital of Ayutthaya, it is said a man simply called Harmbali, was either abducted, by the (CIA) Central Intelligence Agency, or arrested by the Thailand authorities, and vanished from sight, without legal procedure, trial or extradition procedures, into one of the many secret prisons around the globe, it is said, only to show up (3) Three years later in (2006) at Guantanamo and is rumored yet to be there ).
Theory One: Some of them say Hambali is actually an alias of a career Lifer Israeli Mossad operative, (IDF) Israeli Defense Force General, who after working independently from Headquarters had gone Rogue, much as Col. Kurtz of Apocalypse Now, and who, in fact, was the real mastermind of the (9/11) attacks.
Theory Two: Hambali, was the Indonesian section leader of Al Qaeda and the supposed theoretician and mastermind of actions by Abu Sayaf and Jemaah Islamiyah, and who had the greatest respect of Osama Bin Laden.
Theory Three: is that Hambali never existed: the (CIA) invented him and now, with Guantanamo about to be shut down, his creators will have to produce someone who will play the role of Hambali, or be accused of having tortured the Indonesian to death, someone name Hambali was abducted, arrested and is missing from the ancient Thailand Capital of Ayutthaya, what happened to this individual will be the question. Or, will Hambali be the One the Urban Legend, one that got away, (Flew The Coop/ A Great Escape), La Count De Monte Cristo, escaping CHATEAU DIF, The Butterfly of Devils Island, or others of such strong lust for Freedom to have beaten the odds to have achieved it the (1%) , One-Percent, a movie waiting to be made in the future by a Omar Sharif or Antono Banderas leading model actor.
(Unfit to Hold Office)
Abu Grebe, Alcatraz The Rock, Andersonville, The Black Hole of Calcutta, Chateau DIf, The French Penal Colony Devils Island, The (POW) Prisoner of War Camp of the Bridge Over The River Kwai, and are Black Op. Detention centres around the globe, what do all these have in common and synonymous with beyond the fact that they were made for the detention, incarceration, and imprisonment, of prisoners of the State? They all represent STATE TERRORISM, these were not and are not simply build to hold what the State determined to be dangerous individuals to the State, but what have and do represent State Sanctioned, institutions dedicated to brutality, torture, and death, the ultimate act of a Terrorist State that by its own actions of tyranny in the exercise of its power forfeits its right to be called anything other than a Rogue Immoral Terrorist State. And, any elected official of such a government who has to ask the question of; Whoever they are they going to be, how they are going to be imprisoned and how are they going to be tried and what are the rules regarding their release? Until that is done, I think it is a mistake to talk about closing Guantanamo Bay. (Source: South Carolina, Empire Republican Senator), is unfit to hold office, in any other State beyond one that is anything but a Terrorist State Empire, and is just another member of (544) Imperial Court.
Complain about this comment
Dear Marshall,
Thanks for getting full videos of these suffering prisoners,families,interview with like minded peoples are excellent in regard to investigative journalism.
You knew very well what happened war crimes against Vietnam,written by a famous liberal,great thinker,writer,author for many books on mathematics,logic,and to many philosophical works-Mr.Betrand Russel.
I have studies all his works during my college days.All his works are still master pieces.
Here, you have narrated about prisoners,suspects,criminals during Irag conflicts,some western nations joined with Bush administration for bringing Sadam Hussain to down the earth.
Now,what happened.We know that.
Simply talking major human rights violalations by joint forces are not enough.
Because of this over actions by allied military authorities had created a serious division between two different religious belief community.
Atleast, these powers had realised their excess on these suspects,prisoners for speedy trials, and tried to bring social justice to them.
This is a justifying steps.
You have done wonderful jobs for your works assigned by BBC.
These findings,direct observations for further clearcut policies on any conflict,war between on nations.
Good reporting,good video presentations to all.
Complain about this comment
Peter:
**A case of mistaken identity at Guantanamo Bay**
Yes, there are many cases of Gitmo Prisoners that had mistaken Identities....
And, in most cases they were locked up for extended amounts of time...
=Dennis Junior=
Complain about this comment
A Summary of Evidence memo was prepared for Omar Amer Deghayes's second annual Administrative Review Board, on 8 August 2006.[25] The memo listed factors for and against his continued detention.
[edit] The following primary factors favor continued detention
a. Commitment
The detainee stated that in 1993 he went to Bosnia to join the Mujahedin and stayed in Bosnia for one year at a Mujahedin Army camp.
A foreign government service reported transfers of two large sums of money involving the detainee and the Bahamas-based Bank al Taqwa. On 22 December 1994, the detainee and another individual deposited 225,774 United States Dollars into an account at Bank al Taqwa. On 25 May 1996, the amount of US$45,762 from that account was wired to the detainee.
Al Taqwa Bank in the Bahamas is listed in Executive Order 13224, which blocks property and prohibits transactions with persons who commit, threaten to commit, or support terrorism.
The detainee stated that he traveled to Afghanistan in the summer of 1999 using a fake British passport which he purchased for 1,000 British pounds.
The detainee stated that he obtained airline tickets for 800 British pounds from an individual whom the detainee knew was a member of the Libyan Islamic Fighting Group.
The detainee stated that he flew from England to Islamabad, Pakistan via Karachi, Pakistan, where he was met by a contact provided by an individual whom the detainee knew was a member of the Libyan Islamic Fighting Group. The detainee stated that he stayed for three days at the contact's home, was driven to Jalalabad, Afghanistan by the contact and then rented a ride to Kabul, Afghanistan.
The detainee stated that while in Afghanistan he worked as a financial supervisor at the charity organization Sanibel [sic].
A former member of the Libyan Islamic Fighting Group stated that Sanibil [sic] characterizes itself as a charitable organization, but Sanibil's first priority was providing support to the jihad activities of the Libyan Islamic Fighting Group.
Al-Aqsa Sinabil Establishment [sic] is listed in Executive Order 13224, which block property and prohibits transactions with persons who commit, threaten to commit or support terrorism.
A senior al Qaida operative stated that the detainee stayed at an al Qaida guest house in Pakistan in 1998.
An individual stated that the detainee arrived in Pakistan in approximately 1998, joined the Libyan Islamic Fighting Group upon his arrival, and worked at the al-Sanabil Institution [sic] in Kabul, Afghanistan.
A detained Libyan Islamic Fighting Group member stated that the detainee used to be a member of the LIbyan Islamic Fighting Group but did not know if the detainee received training.
The Libyan Islamic Fighting Group is a foreign terrorist organization. Some members are aligned with al Qaida.
An individual stated that the detainee joined the Taliban movement and worked for a short while at the al-Sanabil Institution until the 11 September 2001 attacks.
An individual stated that the Ashara guest house was owned by al Qaida and used by al Qaida members from Saudi Arabia, Yemen, Iraq and Libya.
b. Training
A senior al Qaida operative stated that he facilitated the detainee's travel to a Libyan camp in Afghanistan.
An individual stated that the detainee came to Afghanistan in 1998 and was trained at Samarkhil or Samardil Camp.
A detainee of a foreign service stated that a Libyan Islamic Fighting Group camp was opened in the Samarkhil region near Jalalabad, Afghanistan in 1998.
The detainee was trained by and received Professional Association of Diving Instruction certification from an individual who has been associated with al Qaida and has provided dive training to jihadists.
c. Other Relevant Data
The detainee stated that when the bombing began in Afghanistan, he was transported by truck with Taliban members from Kabul, Afghanistan to the Peshawar, Pakistan area and was later arrested in Lahore, Pakistan.
[edit] The following primary factors favor release or transfer
a. The detainee stated that he did not know the individual who has been associated with al Qaida and has provided dive training to jihadists.
b. The detainee stated that he had no knowledge of Usama bin Laden or al Qaida, had no prior knowledge of the 11 September 2001 attacks and never worked for the Taliban.
c. The detainee stated that he was not connected to any terrorist groups, he did not attend any training camps and he has never engaged in jihad.
d. The detainee stated that he would not accept anyone committing attacks similar to those of 11 September 2001.
e. The detainee stated that he does not agree with the use of suicide bombers and car bombs.
f. The detainee stated that if released he would like to go back to Brighton, England to work in his family's property business which his mother and brother are currently running.
Complain about this comment
View these comments in RSS