Info about subscribing or unsubscribing from this list is at the bottom of this message. ~~~~~~~~~~~~~~~~~~~~
http://www.projecthamad.org Adel Hamad was a teacher of elementary school orphans, a hospital worker, and someone who coordinated the delivery of food, medicine and blankets to refugees. He has been imprisoned for 5 years and classified as an enemy combatant, despite the lack of any allegations or evidence that he ever acted against the U.S. or its allies, or even had political sympathies for those who did. His friends and colleagues describe him as a funny, apolitical man who loved charity work and ping-pong. One of the U.S. Army Majors at his Tribunal called his detention unconscionable. Growing evidence shows that the majority of prisoners in Guantanamo Bay have not committed any belligerent act against the U.S. or its allies. These prisoners, who have no legal recourse, have not been given their day in court. Nor have their detentions been scrutinized by a judge. They remain in jail year after year, separated from their families, often not fully knowing the accusations against them or the identity of their accusers. The CIA, the Defense Department, commanders in the military, have all acknowledged that there are many innocents in jail. Yet instead of expediting their release, Congress recently eliminated the writ of habeas corpus, an essential safeguard enshrined in our Constitution against an unchecked executive power. Before habeas corpus existed, rulers could throw people in jail without justification and without the prisoner having the right to defend himself in court. The good news is that with the convening of the new congress in 2007, several senators are pressing to revisit the Military Commission Act, which nullified habeas corpus. This will no doubt help to shed new light on the situation of the detainees at Guantanamo Bay, and improve the chances of the release of those who are innocent. Accusations and Rebuttals: The Case Against Hamad Adel Hamad has never been accused of a belligerent act against the United States. Despite not being captured on a battlefield (Mr. Hamad was arrested in the middle of the night from his bed) the U.S. nevertheless categorized him as an enemy combatant. Below are the 3 allegations that the administrative tribunal uses to justify Mr. Hamad's continued detention. There is little logical consistency to these allegations as you will discover when you read the rebuttals following each one. Accusations 1)The hospital Adel Hamad worked for was run by a charity (World Assembly of Muslim Youth or WAMY) that may support "terrorist ideals" Adel Hamad's job at the Afghani hospital involved buying food for the hospital and writing vouchers. Later in the district office of WAMY in Pakistan he was responsible for getting relief supplies (food, clothing, blankets) for the Afghan refugees coming across the border. At Adel Hamad's administrative review tribunal at Guantanamo he denies that WAMY is a terrorist organization and poses an important question: If you truly believe WAMY is a terrorist organization why are you arresting a simple employee rather than the president of the charity or the people who support it financially? The U.S. Army Major, who dissented in his case, concurred: "Even if elements of certain NGOs provide support to terrorist ideals and causes that is insufficient to declare an employee of said NGO an enemy combatant; to do so would lead to unconscionable results: one would have to declare all physicians, nurses and aid workers of any suspect NGO as enemy combatants; the ramifications of such logic would lead to unforeseen and unconscionable results." Article 20 of the 4th Geneva Convention states: Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal, and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected. WAMY is not a Foreign Terrorist Organization (FTO) according to the State Department's own watch list. WAMY worked regularly with the United Nations, the World Health Organization and the World Food Program. In fact, the United Nations High Commissioner for Refugees wrote: "UNHCR wishes to express gratitude and appreciation to WAMY for the humanitarian assistance, most notably, the commendable primary health care it provided to the Afghan refugees in Old Bagzai camp, Kurram Tribal Agency." 2)In the course of his work with refugees Adel Hamad may have come into contact with Al-Qaeda or Taliban members The dissenting Army Major in Adel Hamad's Administrative Review at Guantanamo states: "The fallacy of logic that seeks to classify Hamad as an enemy combatant because he may have come in contact with al Qaeda member in the course of providing aid to refugees, or teaching at a school, would also provide support that a local merchant who 'came in contact' with al Qaeda members could be detained as an enemy combatant." Adel Hamad's own words: "If I was a criminal, with association to those criminals, why would I return to Pakistan knowing that the Pakistani intelligence was arresting al Qaeda members?" According to doctors who worked at the same WAMY hospital in Afghanistan as Hamad, this hospital was in an area where the Taliban had very little influence. The area was supported by powerful local tribal leaders which prevented the Taliban from having much control over the hospital. In fact, one of the doctors, Dr. Sailani, transferred to that hospital for that very reason because the Taliban was enforcing strict rules of how one could cut their hair at other hospitals. Interviews with Dr. Sailani, and Dr Roghman (both WAMY hospital physicians) and Dr Najib (the hospital director and general surgeon) reveal that Hamad never spoke about politics, that there was no anti-American activity at the hospital and that Hamad did not have contacts outside the hospital grounds. 3)Adel Hamad is an Enemy Combatant Adel Hamad was not captured on a battlefield. Instead he was arrested in the middle of the night from his own home. He had a valid passport and work visa and Pakistani intelligence found nothing incriminating in his place of residence. No allegations have been made against Adel Hamad that he engaged in terrorism, acts supporting terrorists, violence against the United States or any belligerent act. Interviews with his employers, his colleagues, his brother-in-law, and his landlord all describe Adel Hamad as a family man with a good sense of humor, a man who never spoke of politics, who was not a radical or an extremist. ------- By joining Project Hamad you are not declaring that Adel Hamad or any other detainee is innocent. You are joining others in calling for the restoration of habeas corpus, that anyone detained by the U.S. government has the right: To know the accusations against them To have a lawyer To have the merits of their case reviewed by a federally appointed judge Adel Hamad and other detainees, who to this day have never been charged with a crime, deserve this. You can help this cause by spreading the word of Project Hamad to your friends and family. Go to http://www.projecthamad.org/ _____________________________ Note: This message comes from the peace-justice-news e-mail mailing list of articles and commentaries about peace and social justice issues, activism, etc. If you do not regularly receive mailings from this list or have received this message as a forward from someone else and would like to be added to the list, send a blank e-mail with the subject "subscribe" to [EMAIL PROTECTED] or you can visit: http://lists.enabled.com/mailman/listinfo/peace-justice-news Go to that same web address to view the list's archives or to unsubscribe. E-mail accounts that become full, inactive or out of order for more than a few days will become disabled or deleted from this list. FAIR USE NOTICE: In accordance with Title 17 U.S.C. Section 107, the information in this e-mail is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. I am making such material available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a 'fair use' of copyrighted material as provided for in the US Copyright Law.