Abdulmalik Mohammed

Abdulmalik Mohammed
Arrested	February 2007 Kenya unknown
Citizenship	Kenya
Detained at	Guantanamo
Alternate name	Wahab Mohamed Abdulmalik, Abdul Malik
ISN	10026
Charge(s)	No charge
Status	Still held in Guantanamo

Abdulmalik Mohammed is a citizen of Kenya currently held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba.^{[1][2][3][4][5][6][7][8]} Abdulmalik was captured in February 2007, on suspicion of leading a terrorist bomb-plot in Mombassa. He was transferred to Guantanamo on 26 March 2007.

According to Kenya's Daily Nation Abdulmalik was a protege of Harun Fazul, described as "...the most wanted terror suspect in the region."^[1]

According to Kenya's Daily Nation^[1]:

"Sources say Mr Abdulmalik gave useful information to the police before he turned hostile, prompting his transfer to the high security prison at Guantanamo Bay."

According to a British Broadcasting Corporation report from 4 May 2007 Abdulmalik Mohammed confessed, under interrogation, to a role in the 2002 bombing of the Paradise Hotel in Mombassa.^[4][9] According to the BBC report Abdulmalik Mohammed had been transferred to Guantanamo a month earlier.

Questions from Salim Ahmed Hamdan's defense attorney

On 23 April 2008 attorneys working on behalf of Salim Ahmed Hamdan requested permission to meet with Abdul Malik and Mustafa al-Hawsawi.^[10] Hamdan's attorneys had previously requested permission to get the "high-value detainees" to answer written questions, which would confirm that if Hamdan played a role in al Qaeda it had been a peripheral one. Abdul Malik and Mustafa al-Hawsawi declined to answer the questions, because they said they had no way to know that the questions purporting to be from Hamdan's attorneys was not a ruse. Andrea J. Prasow requested permission for Lieutenant Commander Brian Mizer to meet in person with the two men to try to assure them that the questions were not a ruse, and would not be shared with their interrogators.

Combatant Status Review Tribunal

Abdulmalik Mohamed has not had a Combatant Status Review Tribunal convened to confirm or refute whether he should be classed as an "enemy combatant".^[11] In an interview with the East Africa Standard Abdulmalik Mohamed's lawyer Clara Gutteridge described the difficulties Reprieve had first with meeting with him, and later to get their notes released after a security check. They were told that the meeting, and the release of notes, were not permitted until a captive had their Combatant Status Review Tribunal. But Guantanamo authorities failed to schedule his Combatant Status Review Tribunal

In her interview Gutteridge speculated that the reason Abdulmalik Mohamed never had a Combatant Status Review Tribunal scheduled is that the USA had no evidence to justify his detention.^[11] She said he had been transferred to camp 4, the camp for the most privilege, most compliant captives, two months after his arrival in Guantanamo, and that FBI interrogators had told him they did not believe he belonged in Guantanamo, and there was an order in Washington for his release.

Gutteridge said Reprieve successfully litigated to get access to Abdulmalik Mohamed in early 2008, but their notes had not been cleared, and they had not been allowed to talk about them until early October 2008.^[11]

Gutteridge said that when Reprieve finally got access to Abdulmalik he informed them that he had been abused both when he was in Kenyan custody, and later in American custody.^[11] He informed them that he had been held in Bagram and Kabul, prior to his transfer to Guantanamo.

Lawsuits

The BBC reported on December 11, 2009 Abdul Malik's family is suing the Kenyan government over its role in his detention in Guantanamo.^[12] The BBC reports that his family have an affidavit from Kenyan police stating that they have no reason to suspect that he has any ties to terrorism. His first hearing is scheduled for 14 January 2010.

The Associated Press reports that he has had a Combatant Status Review Tribunal, but that the United States Department of Defense has refused to make public a transcript as it has for all of the other captives.^[13] According to the Associated Press DoD spokesman Major Tanya Bradsher asserted that the transcript from his CSR Tribunal remained classified.

The Associated Press quoted Cori Crider, of the human rights organization Reprieve, which has helped with his defense.^[13] Crider claimed that the allegations against him were all based on confession coerced through torture. Crider claimed that Kenyan interrogators had threatened to castrate him if he did not confess to the allegations leveled against him.

Kenyan law allows the Police to hold suspects for 14 days, before they lay a charge.^[14] The lawsuit filed on Abdulmalik's behalf says police held him for longer than the 14 days the law allows, from February 13, 2007 to February 27, 2007, in addition to subjecting him to abusive interrogation techniques, and not letting him consult legal advice. Kenyan Police officials assert that he was held for less than 14 days, and that he was released—that they did not hand him over to US officials.

According to The Standard Kenyan Justice Minister Mutula Kilonzo "broke silence" and requested the United States to repatriate Abdulmalik in December 2009.^[15]

In April 2010 Reuters and the Associated Press reported that the Kenyan Foreign Ministry had written to Abdulmalik's lawyers, informing them that they had initiated the process of getting him repatriated.^[16][17]

See also

Biography portal

• Shaker Aamer

References

1. ^ ^{a b c} Abdulsamad Ali (July 16, 2007). "Arrest averted terror attack". Archived from the original on 2007-09-27. http://web.archive.org/web/20070927224057/http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=102417. Retrieved 2007-07-16. 
2. ^ "Kenya suspect moved to Guantanamo". al Jazeera. March 27, 2007. http://english.aljazeera.net/NR/exeres/60B4145D-F34B-44D4-9D7A-C04FB72C3708.htm. Retrieved 2007-11-19.  mirror
3. ^ "Terror suspect's transfer to Guantanamo stokes controversy". Angola Press. 2007-03-29. http://www.angolapress-angop.ao/noticia-e.asp?ID=520489. Retrieved 2008-07-19.  mirror
4. ^ ^{a b} "How terror suspects were flown out of Kenya". 2008-07-29. http://www.eastandard.net/InsidePage.php?id=1143991182&cid=4. Retrieved 2008-07-29. "One Abdulmalik Mohamed, said to be a Kenyan citizen and suspected of being involved in the bombing of Paradise Hotel in Mombasa, was arrested in Kenya and handed to foreign agents who flew him to Guantanamo Bay, Cuba, after being held in custody in Mombasa and Nairobi."  mirror
5. ^ "Hicks Pleads Guilty; New Detainee Arrives". Human Rights Watch. March 27, 2007. http://hrw.org/english/docs/2007/03/27/usdom15572.htm. Retrieved 2007-11-19.  mirror
6. ^ Mike Mount (March 26, 2007). "Kenyan hotel bombing suspect sent to Guantanamo Bay". CNN. http://edition.cnn.com/2007/WORLD/americas/03/26/gitmo.eastafrica/index.html. Retrieved 2007-11-19.  mirror
7. ^ Nick Rankin (10 November 2007). "US Navy in Kenya goodwill mission". BBC. http://news.bbc.co.uk/1/hi/programmes/from_our_own_correspondent/7085188.stm. Retrieved 2007-11-19.  mirror
8. ^ Otsieno Namwaya (2007-08-05). "Kenya: Rights Group Faults Anti-Terror Tactics". All Africa. http://allafrica.com/stories/200708060955.html. Retrieved 2008-07-19.  mirror
9. ^ "Kenya gets US anti-terror funds". BBC News. 2007-05-04. http://news.bbc.co.uk/2/hi/africa/6623635.stm. Retrieved 2008-07-19. "US officials say Mr Mohammed had confessed to having taken part in the 2002 attack on an Israeli-owned hotel near Mombasa."  mirror
10. ^ Andrea J. Prasow (2008-04-23). "U.S. v. Hamdan - Special Request for Relief - Supplement". Office of Military Commissions. http://www.defenselink.mil/news/Hamdan%20AE%27s%20166-175.pdf. Retrieved 2008-12-25.  mirror
11. ^ ^{a b c d} "Detained in Guantanamo Bay". East Africa Standard. 2008-10-29. http://www.eastandard.net/InsidePage.php?id=1143998109&cid=4. Retrieved 2008-10-28.  mirror
12. ^ "Kenya government sued over Guantanamo Bay detention". BBC News. 2009-12-11. Archived from the original on 2009-12-15. http://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Fafrica%2F8408616.stm&date=2009-12-15. 
13. ^ ^{a b} Tom Odula, Jason Straziuso (2009-12-10). "Family of Gitmo detainee sues Kenya gov't for $30M". Associated Press. Archived from the original on 2009-12-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap%2Farticle%2FALeqM5h2eWgQPqavq0sq0P6dbtg8wxTJogD9CGJFN81&date=2009-12-15. 
14. ^ Carol Rwenji (2009-12-09). "Kenya could pay Sh2bn to terror suspect". Daily Nation. Archived from the original on 2009-12-02. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nation.co.ke%2FNews%2F-%2F1056%2F820072%2F-%2Fvo1k2x%2F-%2F&date=2009-12-15. Retrieved 2009-12-02. 
15. ^ Philip Mwakio (2009-12-11). "Mutula asks US to return detained Kenyan". The Standard. http://www.eastandard.net/InsidePage.php?id=1144030118&cid=159. Retrieved 2009-12-15. "Mutula said it was foolhardy for the US Government to speak on reforms and human rights violations yet it continues to have in its custody people like Abdulmalik. He challenged US Ambassador Michael Ranneberger to lead by example." 
16. ^ "Kenya seeks repatriation of Guantanamo detainee". Reuters. 2010-04-07. http://af.reuters.com/article/topNews/idAFJOE6360EG20100407. Retrieved 2010-04-08. ""The Ministry wishes to inform you that the Minister ... Moses Wetang'ula, has initiated the process of addressing the case of Abdulmalik's repatriation back home," the ministry said in its letter to Mbugua Mureithi and Company Advocates."  mirror
17. ^ Tom Odula (2010-04-07). "Kenya seeks return of citizen held at Gitmo". Associated Press. http://www.google.com/hostednews/ap/article/ALeqM5jBGAMgiFoza7nUDgPQ3-_OevHXXAD9EUAJ200. Retrieved 2010-04-08. "Abdulmalik's family maintains that he was held in Kenyan custody without charge longer than Kenyan law allows and was tortured by Kenyan officials. Abdulmalik's family said he told them that U.S. officials later took him from Kenya to the Horn of Africa nation of Djibouti, which hosts a U.S. military base. He told them he was then taken to Afghanistan and from there to Guantanamo Bay, Cuba."  mirror

External links

• Lawyer: Free Kenyan from 'black hole' Guantanamo
• Kenya seeks return of citizen held at Gitmo
• Kenya government sued over Guantanamo Bay detention
• Guantanamo Detainee's Family Sues Kenya For $30 Million

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