Nizar Sassi | Nizar Sassi | al-Qaeda | Europe | French-Algerian | In Jug | 20060702 | Link |
Europe | |
French Court Summons Ex-Guantanamo Chief in Torture | |
2015-04-03 | |
Nizar Sassi and Mourad Benchellali, both French citizens, were tossed in the calaboose ... anything you say can and will be used against you, whether you say it or not... by U.S. forces in Afghanistan before being transferred to the notorious prison set up in Guantanamo Bay to hold terror suspects after the 9/11 attacks. They were held there from the end of 2001 until 2004 and 2005 respectively, before being sent home. A French probe into their case began after they filed a complaint in court. "The door has opened for civilian and military officials to be prosecuted over international crimes committed in Guantanamo," their lawyer William Bourdon said. "This decision can only... lead to other leaders being summoned." Despite promises by U.S. President Barack Obama teachable moment... to close the prison, which is located in Cuba's Guantanamo Bay -- an area on the east of the island under U.S. control since a treaty signed in 1903 -- it remains open and still houses detainees without charge. The U.S. presence at Guantanamo Bay, where it also has a naval base, is one of the major stumbling blocks in Washington and Havana's historic move towards normalizing ties. In an expert report submitted to a French judge last year, lawyers for Sassi and Benchellali accused Miller of "an authorized and systematic plan of torture and ill-treatment on persons deprived of their freedom without any charge and without the basic rights of any detainee." Miller, who was commander of the prison from 2002 to 2004 and is now retired, "bears individual criminal responsibility for the war crimes and acts of torture inflicted on detainees in US custody at Guantanamo," according to the report. Just before Miller became commander of Guantanamo in late 2002, president George W. Bush's administration approved so-called enhanced interrogation techniques, including placing detainees in stress positions, stripping them, isolating them for extended periods of time and exposing them to extreme heat and cold. Miller then implemented these methods. And even though then-secretary of defense Donald Rumsfeld withdrew permission for the most controversial of these interrogation techniques shortly thereafter in January 2003, "under ... Miller's command at Guantanamo, these techniques continued to be used in certain cases," the detainees' lawyers said last year. "These acts constitute torture and violate, at a minimum, the Geneva Convention's prohibition on coercive interrogations." Sassi and Benchellali are not the only detainees alleging torture during their time at the prison. Former Syrian detainee Abdul Rahim Abdul Razak al Janko had wanted to sue the U.S. government for damages stemming from his treatment while held at Guantanamo for seven years until his 2009 release. In his complaint, Janko cited years-long solitary confinement, lengthy bouts of sleep deprivation, "severe beatings," threats against him and his family, sexually explicit slurs against his female relatives, deprivation of adequate medical and psychological care, as well as "continuous" humiliation and harassment. But last month, the U.S. Supreme Court declined to hear his appeal, as well as another by a U.S. rights group. | |
Link |
Europe |
France orders 5 former Gitmo inmates back to court |
2010-02-17 |
France's highest court on Wednesday overruled a lower court's acquittal of five former inmates at the Guantanamo Bay prison and ordered an appeals court to rehear the case centering on terrorism charges. The Court of Cassation did not immediately explain its reasons for the ruling, but a copy of its decision will be available Thursday, a spokesman for the court said. The French got their political mileage by tweaking Bush and the Americans. Now they realize they have unrepentant trained islamic terrorists on the loose who have access to potential recruits, subways, airliners, public buildings, sports stadiums. Reality is a bitch. The high court said a new appeals court panel will be created to handle the case, said the spokesman on condition of anonymity because he was not authorized to speak publicly on the matter. A defense lawyer representing two of the men criticized the ruling, saying it amounted to a "sinister page in the history of the judicial system" and "a great cruelty on a human level." France is among the few Western countries to prosecute nationals who have returned home from Guantanamo. The acquittal had been a high-profile foreign disavowal of the prison, which President Barack Obama wants to shut down. The Paris criminal court in 2007 convicted the five -- Ridouane Khalid, Brahim Yadel, Khaled ben Mustafa, Nizar Sassi and Mourad Benchellali -- of "criminal association with a terrorist enterprise," a broad charge often used in terror cases in France. During the original 2007 trial, the suspects had acknowledged having spent time in military training camps in Afghanistan, but said they had never put their combat skills to use. But last February, a Paris appeals court ruled that agents from the French counterterrorism agency DST who questioned the five inmates at Guantanamo in 2002 and 2004 had overstepped their roles, and overturned the convictions. The court ruled that DST could not act as both a spy agency and a judicial police service, which questions detainees under French law. The men, who were arrested in Afghanistan in 2001, each spent a total of 2.5 to 3 years in custody at Guantanamo and in France, to which they were repatriated in 2004 and 2005. All seven French citizens who were at Guantanamo were sent home in 2004 and 2005. One was immediately released; another was acquitted in trial; the last five were convicted for roles in a terror group in Afghanistan. The five were each sentenced to a year in prison. Because they had served more than that time before the trial, they did not return to prison after the sentencing. |
Link |
Europe |
New trial for France's 'Guantanamo six' |
2007-12-05 |
A Paris court Monday heard details of a controversial French secret service mission to Guantanamo at the start of the retrial on terrorism charges of six former inmates at the US base. At the end of the original trial last year, Judge Jean-Claude Kross refused to hand down a verdict, saying he needed to know more about the Guantanamo mission -- whose very existence France initially denied. Mourad Benchellali, 26, Nizar Sassi, 27, Khaled Ben Mustapha, 35, Redouane Khalid, 39, Brahim Yadel, 37, and Imad Achab Kanouni, 30, were captured in 2001 during the US-led war to oust the Taliban in Afghanistan and handed over to US forces. Held for up to three years at the Guantanamo detention centre in Cuba, they were charged upon their return to France in 2004 and 2005 with "criminal conspiracy in relation to a terrorist enterprise. But defence lawyers argue that any information derived from their questioning by French intelligence officials in Guantanamo, outside of any legal framework, should be classed as inadmissible evidence. On Monday judge Kross read out several reports by the DST domestic intelligence agency, declassified for the purposes of the trial, which he said "give us a knowledge of the DST's activities" in Guantanamo "and the framework in which all of this happened." The DST files describe the six defendants' links to well-known Islamist circles including figures cited in several terrorism cases, but say they have committed no offence prosecutable in France. In a note dated February 2004, former DST chief Louis Caprioli wrote: "In case of a repatriation, there is no guarantee they will be placed under investigation and jailed, since they are linked to no activities in France liable for prosecution." Lawyer William Bourdon welcomed the declassification of the intelligence reports. "We hope the court will draw the consequences of the extreme disloyalty with which the French secret services behaved towards the French detainees Guantanamo," he told reporters. "We hope that the court will recall the law: by saying that no one can be convicted if the proof was secured by disloyal means. Acquittal is the only outcome." During their initial 10-day trial last year, some of the six admitted to staying in Afghan camps linked to Al-Qaeda leader Osama bin Laden, but all denied fighting US forces or planning attacks in Europe. Last year the French state attorney called for all but Kanouni to be found guilty, but asked for lenient, one-year prison sentences, saying their "abnormal detention" in Guantanamo should be taken into account. Though none is currently in detention, all six spent periods in pre-trial custody and could therefore expect to avoid jail. All but Yadel -- held up for professional reasons -- were present for Monday's hearing. The trial is set to run until December 12. |
Link |
Europe | ||||
French Gitmo detainees want US general quizzed | ||||
2007-11-06 | ||||
![]()
| ||||
Link |
Europe | ||||||||
French prosecutor seeks jail for 5 Gitmo hard boyz | ||||||||
2006-07-12 | ||||||||
![]()
Sonya Djemni-Wagner condemned the mens detention at the U.S. military camp on the Caribbean island of Cuba but told a terrorism trial at the main Criminal Court in Paris that the men had to pay for their actions. I do not approve of Guantanamo and I cannot but take into account the detention they endured there. But that detention does not wipe out the wrong they did, Djemni-Wagner told the court. Whatever they did, these men did not deserve the fate that was reserved for them, which is unworthy of a democracy, she said.
The Foreign Ministry said in a statement last week it had made no secret of three administrative visits to the camp.
| ||||||||
Link |
Europe | ||||
GTMO Frenchmen go on trial in Paris | ||||
2006-07-04 | ||||
![]()
| ||||
Link |
Europe |
Six Frenchmen released from Guantanamo to be tried |
2006-07-02 |
Six Frenchmen released from the US base in Guantanamo are to face trial in Paris for allegedly being recruited to fight in Afghanistan. Imad Achab Kanouni, Khaled Ben Mustapha, Redouane Khalid, Brahim Yadel, Mourad Benchellali and Nizar Sassi all face charges of "associating with criminals in relation to a terrorist enterprise". The latter two are also indicted on counterfeiting charges. Their trial starting Monday is expected to run to July 12. All the suspects except Yadel, who remains in detention, were freed by French authorities in the months following their repatriation from Guantanamo in July 2004 and March 2005. A seventh Frenchman who was held in Guantanamo and turned over to French authorities has since been cleared of any wrongdoing and faces no charges. The prosecution alleges that the six on trial were recruited from 1998 by an Algerian Rachid Boukhalfa, also known as Abu Doha, who is being held in a British prison. Boujhalfa, an Algerian, is suspected of having planned al-Qaeda attacks in the United States. The six went to Afghanistan between March 2000 and August 2001. Prosecutors allege they underwent guerrilla training in an al-Qaeda camp near Kandahar. They were captured by US troops after the 2001 invasion and sent to Guantanamo when the notorious US base there was converted in January 2002 to detain fighters deemed "illegal combatants". |
Link |
Europe | |||||||
Detainee in 'wrong place at wrong time' | |||||||
2005-02-26 | |||||||
![]()
| |||||||
Link |
Europe | |
France Won't Free Ex-Guantanamo Prisoners | |
2004-08-04 | |
A French court on Wednesday rejected a request by four former Guantanamo prisoners to be freed from jail while awaiting trial in France, judicial officials said. The men, who were released from the U.S. military prison in Guantanamo Bay, Cuba, on July 27, have been placed in various Paris-area prisons while authorities here investigate them. Defense lawyers argued that jailing was unjust and lodged an attempt to have them released. A Paris court gave an initial rejection of the request Wednesday, though it has until Aug. 20 for a final decision, officials said. The four - Mourad Benchellali, Imad Kanouni, Nizar Sassi and Brahim Yadel - were captured in the U.S.-led campaign that toppled the hard-line Taliban regime in Afghanistan. Each spent more than two years at Guantanamo. "Their only wish today is to be freed and released to French authorities here struggled for months to secure the men's return home from Guantanamo and are still negotiating the cases of three other Frenchmen held at the lockup in Cuba. Anti-terrorism judges have placed the four men under investigation, a step toward formal charges, for "criminal association with a terrorist enterprise." Investigators suspect they frequented groups that planned terror attacks in Europe. Several of the men confessed to training in military camps where they learned to use explosives and weapons, officials said. Sassi, 22, and Benchellali, 24, are also under investigation for using false documents. The two are childhood friends who grew up in a tough suburb outside the central city of Lyon and went to Afghanistan together in June 2001 with stolen passports, officials say. They were arrested in December of that year and brought to Guantanamo. The two have described mistreatment at the hands of U.S. authorities at Guantanamo, such as being threatened with dogs, struck in their cells or given sleeping medications, their lawyers have said.
| |
Link |
Europe | ||||
French Gitmo Gunnies to Remain in Jug | ||||
2004-08-01 | ||||
A judge ordered four Frenchmen, returned to France after more than two years at the U.S. military prison in Guantanamo Bay, Cuba, to be kept in jail, judicial officials said Sunday.
| ||||
Link |
Europe |
Guantanamo inmates back in France |
2004-07-27 |
Four French nationals captured by US troops in Afghanistan have been transferred home from the US military base in Guantanamo Bay. The detainees - among seven Frenchmen seized during the war against the Taleban in late 2001 - arrived at the Evreux air base, west of Paris. President Jacques Chirac said the handover was as a result of "long discussions" with Washington. The men are expected to appear before a French anti-terrorism magistrate. Nearly 600 prisoners from the US "war on terror" are still held at Guantanamo naval base in Cuba. The four touched down on French soil on Tuesday, only to be taken directly into custody by police working for France's counter-intelligence agency, the DST. "Long and intensive discussions have resulted in the return to France of four nationals detained in Guantanamo," President Chirac told reporters on a visit to Madagascar. They "will of course be handed over to (French) justice authorities," he was quoted by Reuters news agency as saying. Officials named the four as Mourad Benchellali, Imad Kanouni, Nizar Sassi and Brahim Yadel. A lawyer for two of the freed detainees expressed concern about his clients. "The last we heard suggested they were in a poor psychological condition," lawyer Jacques Debray said. The BBC's Caroline Wyatt in Paris says the case of the seven French Guantanamo detainees has failed to arouse much public sympathy in the country - although there has been widespread indignation over what many French people see as abuse of prisoners' human rights at the base. While the French authorities have been keen to remove the men from US custody, they are equally keen to interrogate them themselves, our correspondent adds. The four are expected to appear before France's chief anti-terrorism judge, Jean-Louis Bruguiere, in the coming days. In France terror suspects can be held for questioning for up to four days, after which they must either be released or placed under investigation. Correspondent Hugh Schofield says that if they are placed under investigation and ordered to be detained until trial, the whole process - judging by past experience - could take years. The French foreign ministry says discussions are continuing with the US authorities "with a view to obtaining as quickly as possible the release of the other [three] French prisoners at Guantanamo". Those remaining in Guantanamo are Ridouane Khalid, Khaled Ben Mustafa and Mustaq Ali Patel, officials said. Before the latest transfers, 594 detainees were being held at Guantanamo. In another development, the Pentagon has announced that it will begin to review the cases of the remaining detainees this week. The military is preparing hearing rooms inside trailers in the Camp Delta prison at Guantanamo, a Pentagon spokeswoman said. The US military set up the "Combatant Status Review Tribunals" following a Supreme Court ruling enabling inmates to challenge their detention through the US legal system. During the review process detainees: can testify and request affidavits from witnessesPentagon officials reckon that the tribunals are going to get through probably three detainee cases a day, hoping to complete the reviews in two to three months. |
Link |
Europe |
A chemical attack was in preparation in France |
2004-01-10 |
Scuse the Henglish. This is a translation from the French article Looks like the pressure is being applied pretty heavily on France. Whatâs the betting that Chirac's order on the hijab will be rescinded within a month It is the conclusion which would have reached the policemen of the DST, some days after the interpellations intervened in the region of Lyons within the framework of the inquiry on the "Chechen fields". The detainees it dedicated as well "to the recruitment of future fighters", according to Le Monde. L be policemen of the DST (Direction(management) of the surveillance of the territory), which(who) called to several persons this week in region of Lyons within the framework of the inquiry on the support for the " Chechen fields ", are convinced that a chemical attempt was in preparation in France, according to the daily The World was dated Sunday - Monday. The newspaper asserts that the policemen are convinced that " the family of the imam Chellali Benchellali dedicated itself actively to the preparation of highly toxic products for their distribution(broadcasting) as well as for the recruitment of future Islamist fighters ". The justice also suspects Chellali Benchellali - an imam of district who is the father of Mourad, held(detained) in Cuba, and by Ménad, imprisoned in France to have supplied a logistic support for the members of an operational terrorist group dismantled in December, 2002 to Romainville and to Courneuve ( Seine-Saint-Denis). The Benchellali family and his(her) close relations would have supplied false papers, money(silver), explosives and places of residence to the members of this network which prepared probably one or several attempts, certainly chemical, in Paris against Russian targets, according to the judicial sources. Besides, a girl of Chellali Benchellali was placed in police custody on Friday within the framework of this inquiry, while the imam of Vénissieux (Rhone) and five other persons called on Tuesday are placed under the blow of an arrest warrant to be presented on Monday to a committing magistrate in Paris, as it was learnt on Friday from judicial sources. A seventh person who had been stopped(arrested) on Tuesday by the DST (Direction(management) of the surveillance of the territory), Fatna Merabet, the wife of the new imam of Vénissieux in suburb of Lyons, should be set again at liberty at the conclusion of her police custody, as it was clarified the same sources. When a person is called in more of 200km of the place of the instruction, she can be maintained in detention at the conclusion of her police custody for a duration of four days under the blow of an arrest warrant. It is the case of the six concerned persons whose police custody of 96 hours(oâclock) expires on Saturday morning. They will be presented on Monday to the antiterrorist committing magistrates with the aim of their indictments. On the whole, nine persons, among which a woman, had been indicted the end of December, 2002 in this said file " Chechen fields ". Among them, Ménad Benchellali, indicted for " criminal conspiracy in connection with one terrorist company ". His brother Mourad, him, is at present detained on the American base of Guantanamo in Cuba. It(he) had left France to study the Koran in Pakistan in June, 2001. Chellali Benchellali, his wife Hasfa and their third son, Hafed, the new imam of the big mosque of Vénissieux, Mourad Merabet, and a 27-year-old young man, Abdelwahed Regad, who was used(employed) as controller quality on a hallal slaughterhouse, as well as the sixth person will be transferred on Monday in Paris. These arrests on rogatory commission of the committing magistrate Jean Louis BruguiÚre provoked of numerous demonstration to Vénissieux where from is also native another prisoner of Guantanamo, Nizar Sassi. The representative - mayor of Vénissieux, André Gérin congratulated himself for his part of these interpellations and wished the lock of the Moslem places of prayer situated in cellars and feet of buildings of the conglomeration of Lyons. AP |
Link |