Jamil al-Banna

Infoxbox WoT detainees
subject_name = Jamil Abdul Atif al-Banna _ar. جميل عبد اللطيف البنّاء


image_size = 270px
image_caption = al-Banna in 2008
date_of_birth = Birth date and age|1952|05|28
place_of_birth = - Born in Jericho, West Bankcite web |date=2007 | url = http://commentisfree.guardian.co.uk/sabah_elbanna/profile.html| title = Sabah el-Banna - Profile
format = HTML | publisher = The Guardian| accessdate = 2007-08-02 | last=The Guardian ]
flagicon|Jordan - Jordanian citizen
flagicon|UK - refugee status in the United Kingdom
date_of_death =
place_of_death =
id_number = 905
group =
alias =
charge =
penalty =
status =
occupation =
spouse = Sabah El-Banna - Birth date and age|1964|12|08
parents =
children = El-Banna is a father of five: [http://news.bbc.co.uk/1/hi/uk/5409254.stm Profile: 'Forgotten' Cuba detainees] , "BBC", October 5 2006] cite web |date=Public – May 2004 AI Index:AMR 51/072/2004| url = http://web.amnesty.org/library/Index/ENGAMR510722004?open&of=ENG-2AM| title = USA: Who are the Guantnamo detainees?| format = HTML | publisher = sundaytelegraph | accessdate = 2007-08-02 | last=Amensty ]
Anas - Birth date and age|1996|12|17
Mohamed - Birth date and age|1997|12|22
Abdulrahman - Birth date and age|1999|05|10
Badeah - Birth date and age|2001|02|11
Mariam - Birth date and age|2003|04|13

Jamil al-Banna ( _ar. جميل عبد اللطيف البنّاء, unicode|Ǧamīl ʿAbdu 'l-Laṭīf al-Bannāʾ) is a Jordanian with refugee status in the United Kingdom who had been living in north-west Londoncite web |date=Tuesday, 25 January 2005, 16:34 GMT| url = http://news.bbc.co.uk/2/hi/uk_news/4205989.stm| title = UK's 'forgotten' Cuba detainees| format = HTML | publisher = BBC News| accessdate = 2007-08-22 | last=BBC News ] . He is currently on bailed release in the United Kingdom [ [http://news.bbc.co.uk/1/hi/uk/7153146.stm BBC NEWS | UK | Guantanamo detainees out on bail ] ] following his release from extrajudicial detention in the United States in the Guantanamo Bay detainment camps, in Cuba. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] Al-Banna's Guantanamo detainee ID number was 905.The Department of Defense reports that al-Banna was born on May 28 1952,in Jericho, sic Turkey sic. His wife is quoted as saying that Jamil is not from Jericho, Turkey but was born in Jericho, West Bank

Jamil al-Banna's capture in Gambia

Jamil and Bisher al-Rawi travelled to Gambia to meet a shipment of machine parts to be used to set up an edible oil factory owned by Basher's brother. They arrived in Gambia on November 7, 2002. He was captured by the Gambian National Intelligence Agency on arrival at Banjul airport in Gambia on November 8, 2002, purportedly on suspicion of alleged links to al-Qaeda. At first they were under a kind of unofficial house arrest. They were not formally charged with any crimes under Gambian law. They were told that they would be released when their machinery had been checked to make sure it wasn't something that could be used for terrorism.

They weren't detained in a Gambian jail, but rather in a CIA snatch team safe house, provided by American security officials, guarded by Gambians, but interrogated by Americans.

In late December, 2002 the decision was made to take them from Gambia. The team that arrived to do that wore black uniforms, their faces covered by black balaklavas. They cut their clothes from their bodies, when they bound them for transportation.. They were illegally "rendered" to Bagram Air Base in Afghanistan, where he was imprisoned underground in total darkness for weeks.cite web |date=Wednesday January 12, 2005| url = http | title = Tortured, humiliated and crying out for some justice| format = HTML | publisher = The Guardian| accessdate = 2007-08-02 | last=Brent Mickum ] . Once in the main portion of the airbase prison, he met Moazzam Begg whose bookshop he had visited in England.Begg, Moazzam, "Enemy Combatant", 2006] Nicknamed "Kenny Rogers", he once entertained American guards by singing half a verse "Coward of the County". In March 2003 Jamil and Basher al-Rawi were transferred to Guantanamo Bay.cite web |date=09:20am on 29th July 2007| url = http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=471586&in_page_id=1770| title = Iraqi tells of CIA 'torture flight'| format = HTML | publisher = Daily Mail| accessdate = 2007-08-02 | last= Daily Mail]

Allegations of torture

Jamil's lawyer, Clive Stafford Smith, quoted in an article in The Guardian, said Jamil was a participant in both the hunger strike that ended when the camp authorities made promises on July 28, 2005, and a second that started on August 8. [http://www.guardian.co.uk/guantanamo/story/0,13743,1566197,00.html Hunger strikers pledge to die in Guantánamo] , "The Guardian", September 9, 2005] Smith said that Jamil told him that one of the reasons for the second hunger strike was that guards were still searching through the prisoner's copies of the Qur'an by hand.

An article in The Times repeated Jamil's claim that his American interrogators told him that MI5 had colluded in Jamil's extraordinary rendition. [http://www.timesonline.co.uk/printFriendly/0,,1-523-1938203-523,00.html MI5 colluded with CIA over suspects sent to torture jails] , "The Times", December 18 2005] The lawyers of Guantanamo Bay detainees have to hand in all their notes. They are all classified. The lawyers are only allowed to examine their notes in a single secure location outside Washington DC. The Times describes how a section of Stafford Smith's notes were recently declassified::"In Cuba one interrogator is alleged to have told al-Banna: 'Why are you angry at America? It is your government, Britain, the MI5, who called the CIA and told them you and Bisher were in Gambia and to come and get you. Britain gave everything to us. Britain sold you out to the CIA.'”

The Times repeats Jamil's claim that he was offered $10 million, and a US passport, if he would testify against Abu Qatada. According to The Times::"When he refused, an interrogator told him: 'I am going to London . . . I am going to fuck your wife. Your wife is going to be my bitch. Maybe you’ll never see your children again.'"

CSRT-Yes [http://wid.ap.org/documents/detainees/abdullatifelbanna.pdf Documents (.pdf)] from Jamil al-Banna's "Combatant Status Review Tribunal - [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_8_0887-1017.pdf mirror - pages 94-107 (.pdf)] ] :""'a. The detainee is a member of al-Qaida::# "Abu Qutada is a known al-Qaida operative arrested in the United Kingdom as a danger to national security.":# "Detainee visited Abu Qatada while Qatada was in hiding from the British police.":# "Detainee has been indicted by a Spanish National High Court Judge for membership in a terrorist organization.":# "Detainee was arrested in Gambia, while attempting to board an airplane with equipment that resembled a homemade electronic device."

The Tribunal President struck from the record an allegation that Jamil had helped transmit some money to a charity. The record is not clear why the Tribunal President struck this allegation.

Jamil al-Banna's relationship with Abu Qatada

Jamil admitted knowing Abu Qatada for over nine years, prior to the attack on September 11, 2001. They had lived in the same neighbourhood. And their wives had given birth to children at the same time. Abu Qatada had lead prayers at the mosque he attended. And they were both refugees from Jordan. But they weren't close.

Jamil admitted driving Abu Qatada's wife and children to visit him, after British authorities had announced he was going to be arrested. He did so at the request of his friend Basher al-Rawi.

Jamil al-Banna's Spanish indictment

Jamil, was indicted by Spanish "superjudge" Baltasar Garzón. But he claimed that he had no idea why.

Arrest for traveling with homemade electronics

Jamil corrected the Tribunal's "home-made electronics" allegation on several points.
* The arrest was in England, not Gambia.
* The device was carried by his friend, Basher al-Rawi, not himself.
* British authorities determined that the device was not modified, but was just what Basher said it was, a mundane battery charger.

Personal Representative's concluding statement

Personal Representative's were invited to append their comments to Tribunal's determinations. Almost all Personal Representatives declined to make a comment. Abdul Latif El Banna's Personal Representative did comment, asking::

Contact with his family

El-Banna is a father of five. His youngest daughter was born after his capture.

Cquote2|Dear Sir Tony Blair, I am a boy called Anas Jamil El-Banna. I am 7 years old. Me and my four brothers are writing to you this letter from my heart because I miss my father. I am wishing that you can help me and my father. I am always asking mother, Where is my father, when will he come back? And my mother says I don't know.

Now I have started to know that my father is in prison in a place called Cuba and I don't know the reason why and I don't know where is Cuba. I hope that you can help me because I miss my father. Every night I think of my dad and I cry in a very low voice so that my mother doesn't hear, and I dream that he is coming home and gives me a big, big hug.

Every Eid I wait for my father to come back. I hope to God that you can help me to bring my daddy back to me. I don't want anything, I just want my daddy please.

Please Mr Blair can you bring my daddy back to me on this Eid. I wish you a happy life with your children in your house. Love Anas - 7 years old, Mohamed - 6 years, Abdulrahman - 4 years, Badeah - 3 years, Mariam - 9 months|Anas Jamil El-Banna writing to Tony Blair to free his father

A November 1 2006 article in the "Willesden & Brent Times" reported that el-Banna was allowed a phone call to his wife on October 19 2006. [http://www.wbtimes.co.uk/content/brent/willesdenchronicle/news/story.aspx?brand=WBCOnline&category=news&tBrand=northlondon24&tCategory=newswbc&itemid=WeED01%20Nov%202006%2018%3A17%3A56%3A467 Guantanamo phone call] , "Willesden & Brent Times", November 1 2006] It is unusual for detainees to be allowed a phone call to their family. This phone call was el-Banna's first. It is not known why this concession was made, although el-Banna's MP, Sarah Teather, had previously made representations to US authorities asking for some contact to be allowed.

According to el-Banna' wife: [http://www.wbtimes.co.uk/content/brent/willesdenchronicle/news/story.aspx?brand=WBCOnline&category=news&tBrand=northlondon24&tCategory=newswbc&itemid=WeED01%20Nov%202006%2018%3A17%3A56%3A467 Guantanamo phone call] , "Willesden & Brent Times", November 1 2006]

Bisher al-Rawi's release

On Thursday March 29 2007, UK Foreign Secretary Margaret Beckett announced that the UK Government had negotiated the return from Guantanamo of al-Banna's traveling companion, Bisher al-Rawi's.cite news
url=http://jurist.law.pitt.edu/paperchase/2007/03/uk-resident-to-be-released-from.php
publisher=The Jurist
title=UK resident to be released from Guantanamo
author=Robert DeVries
date=Thursday March 29 2007
accesscdate=March 31
accessyear=2007] cite news
url=http://apnews.myway.com/article/20070329/D8O5V8UO1.html
title=Briton to Be Freed From Guantanamo
date=Thursday March 29 2007
author=Tariq Panja
publisher=Associated Press
accesscdate=March 31
accessyear=2007] According to the Associated Press Beckett issued a statement to Parliament which said:

Beckett's announcement didn't say anything about al-Banna, or the other remaining former UK residents who remain held in Guantanamo. Jamil's case has caused controversy within the UK as the British Government refuses to make representations on his behalf, due to his not having attained British citizenship before his imprisonment. [http://news.bbc.co.uk/2/hi/uk_news/4205989.stm UK's 'forgotten' Cuba detainees] , "BBC", January 25 2005] All the British nationals imprisoned at Guantanamo were freed before September 2004, following British Government representations.

Release negotiation

On August 7, 2007 the United Kingdom government requested the release of Jamil al-Banna and four other men who had been legal British residents without being British citizens.cite news
url=http://www.chron.com/disp/story.mpl/ap/world/5034407.html
date=August 7, 2007
publisher=Houston Chronicle
title=UK asks US to release 5 from Guantanamo
author=David Stringer
accessdate=2007-08-07] The UK government warned that the negotiations might take months.

Release

Jamil al-Banna was released from Guantanemo Bay on 18 November 2007 and flown back to Britain.cite news
url=http://news.bbc.co.uk/1/hi/uk/7153146.stm
title=Guantanamo detainees out on bail
publisher=BBC News
date=Thursday, December 20 2007
accessdate=2008-03-06
quote=] cite news
url=http://www.miamiherald.com/news/breaking_dade/story/446518.html
title=Spain: Ex-detainees too damaged for trial
publisher=Miami Herald
author=Daniel Woolls
date=Thursday March 6, 2008
accessdate=2008-03-06
quote=] On his return, he was detained under port and border controls and questioned. On 19 November he was arrested under a Spanish extradition warrant. On 20 December he was released on bail of £50,000, part of which was put up by actress Vanessa Redgrave; conditions of his bail include observing a curfew and wearing an electronic tag.

panish extradition request

On his return, El-Banna and Omar Deghayes were arrested and questioned, before appearing in court on a Spanish extradition warrant.He was freed on bail on 20 December, conditions of which include obeying a curfew and wearing an electronic tag.

On Thursday March 6, 2008 Spanish judge Baltasar Garzon dropped the extradition request on humanitarian grounds.Garzon based his decision on a medical examination made public on February 12 2008.The report said El Banna suffered from: "post-traumatic stress syndrome, severe depression and suicidal tendencies". Garzon ruled the two men's mental health had deteriorated so badly it would be cruel to prosecute them.

References