http://www.upi.com/InternationalIntelligence/view.php?StoryID=20070226-051151-5432r

Analysis: Guantanamo shut to Germany
By STEFAN NICOLA
UPI Germany Correspondent

BERLIN, Feb. 26 (UPI) -- Former German Foreign Minister Joschka Fischer 
said he tried in 2002 to get a German-Turkish Guantanamo inmate released 
but the U.S. government blocked any of his advances.

Murat Kurnaz, a Turkish national who was born and raised in Bremen, 
ended up spending four and a half years in the U.S. military prison in 
Cuba, and was released in the summer of 2006, after Chancellor Angela 
Merkel intervened with U.S. President George W. Bush.

Fischer first learned about Kurnaz's case when in January 2002 after the 
man's mother wrote Fischer a letter about her son, whom she feared was 
captured "by the Americans."

Fischer, who left politics after Merkel took over in late 2005, said 
although Kurnaz was a Turkish national, his interior ministry felt it 
should act on the man's behalf because he had spent his entire life in 
Germany and because the majority of the family lived in Bremen.

"This was not an everyday case. We did what we could," Fischer said 
Monday before a German parliamentary inquiry tasked with probing whether 
the German government did enough to get the man released. "But (the U.S. 
government) blocked heavily when it came to Guantanamo and other human 
rights cases," Fischer said, referring to talks with his U.S. 
counterpart Colin Powell.

Fischer said that in those talks he heavily criticized the dubious legal 
status of Guantanamo, also because "in my opinion it was clear that 
Guantanamo would come back to hurt the United States," as it undermined 
Washington's moral superiority over the terrorists.

Fischer said he believed Powell shared that view but was doomed to be 
silent.

"My U.S. colleague was not really able to lead a discussion," Fischer 
said. When it came to judging Guantanamo "there was no real difference 
between Colin Powell and me, those differences were higher up."

At the time, officials in the German foreign ministry were told that if 
information about Kurnaz was to be forwarded to another government, it 
would be Ankara, as Kurnaz was a Turkish national. Fischer's office, 
however, turned out to be the only advocate for Kurnaz in Berlin.

Germany's intelligence circles in Sept. 2002 were granted access to 
Kurnaz in Guantanamo. A group of three German intelligence agents flew 
to Cuba to interrogate Kurnaz. After two days of talks, the three 
Germans and their U.S. counterparts in the Central Intelligence Agency 
were convinced that Kurnaz had "no extremist ties."

A U.S. agent even said Kurnaz could hope to be part of a wave of inmates 
to be released soon. When the former German government, at the time led 
by Chancellor Gerhard Schroeder, heard that Kurnaz may be released, a 
top-level meeting in the chancellor's office on Oct. 30, 2002, debated 
his fate.

The agents' findings were not mentioned in the meeting, former Deputy 
Interior Minister Claus Henning Schapper said before the inquiry.

Rather, the top officials in the German intelligence and criminal 
prosecution scene were still convinced that Kurnaz posed a security 
risk. The prosecution office in Bremen, the northern German city where 
Kurnaz was born and raised, had started investigating him in late 2002, 
shortly after Kurnaz had left Germany for Pakistan.

Without informing his mother Rabiye, who was worried that her son could 
do "something wrong," during his trip, Kurnaz flew to Pakistan on Oct. 
3, 2002, less than a month after the terror attacks of Sept. 11, 2001, 
and days before the U.S. went to war with the Taliban in Afghanistan. 
Ahead of the trip, Kurnaz's family members -- who are predominantly 
secular -- observed that the 21-year-old had become increasingly 
religious. After a few weeks, Kurnaz was arrested by Pakistani police 
and turned over to the Americans, who kept him in Afghanistan and a few 
weeks later transferred him to Guantanamo.

Relying on testimonials from co-workers and acquaintances, the 
prosecutors came to the conclusion that Kurnaz was radicalized by a 
Bremen Imam and traveled to Pakistan with the plan to fight the U.S. 
military in Afghanistan.

With that information in mind (and lacking knowledge about the findings 
of the three agents), the top-level meeting in the chancellor's office 
decided that Kurnaz should not return to Germany; the interior ministry 
was even tasked with finding legal ways to prevent a return.

While the opposition believes the German refusal to take back Kurnaz 
prolonged the man's stay in Guantanamo, Hans-Georg Maassen, an 
immigration expert in the interior ministry, said the common belief in 
the German government was that Kurnaz -- granted Washington was willing 
to release him -- would be extradited to Turkey.

"There was never the possibility Bremen or Guantanamo, but always Bremen 
or Turkey," said Maassen, who was also the man who found out that 
because Kurnaz had spent six months outside Germany, his residence 
permit had become legally invalid.

Completely clueless of those developments, Fischer's foreign ministry 
continued to plead Kurnaz's case through diplomatic channels, while the 
remaining offices saw Berlin had done what was necessary.

The foreign minister nevertheless defended the former government and the 
security officials, arguing that they had the tough job to secure the 
country right after the 9/11 attacks. After all, doubts remained whether 
Kurnaz really was innocent, he added.

Allegations by the opposition that the former government had acted 
"heartless" in the Kurnaz case and had prolonged his stay in Guantanamo 
were "factually wrong and politically rotten," he said.

+++



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