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Viewing cable 06GENEVA3120, Amine Mohammad Al-Bakry, detainee - #40 in Geneva 2006

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Reference ID Created Released Classification Origin
06GENEVA3120 2006-12-14 11:34 2011-08-25 00:00 UNCLASSIFIED US Mission Geneva
R 141134Z DEC 06
FM USMISSION GENEVA
TO SECSTATE WASHDC 2109
USMISSION USUN NEW YORK
UNCLAS GENEVA 003120 
 
 
STATE FOR IO-RHS, DRL-MLA, L-HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: Amine Mohammad Al-Bakry, detainee - #40 in Geneva 2006 
Communications Log 
 
1.  Mission has received a communication from Leila Zerrougui, 
Chairperson-Rapporteur for the Working Group on Arbitrary Detention, 
concerning Amine Mohammad Al-Bakry, a Yemeni citizen, detained at 
the US Air Force Base of Baghram, near Kabul, Afghanistan. This 
communication has been sent via e-mail to IO-RHS and is number 40 on 
the Geneva 2006 Communications Log. 
 
2.  Begin text of letter: 
 
Dear Mr. Ambassador, 
 
The Commission on Human Rights, by resolution 2003/31 entitled 
"Question of arbitrary detention", decided to renew the mandate of 
the Working Group on Arbitrary Detention, The mandate was confirmed 
by Commission's resolution 2005/28 and assumed by the Human Rights 
Council in its decision 2006/102. It is in my capacity of 
Chairperson/Rapporteur of the Working Group that I am addressing the 
present letter to you. 
 
I wish to draw your Government's attention to a communication which 
was submitted to the Working Group on Arbitrary Detention, 
concerning a case of alleged arbitrary deprivation of liberty 
reported to have occurred in the United States Air Force Base of 
Baghram, near Kabul. A summary of the communication is attached to 
the present letter. 
 
In order to be able to render an opinion with respect to the case 
reported to it, the Working Group would appreciate receiving any 
information which your Government may wish to provide regarding this 
case, and in particular, information on the allegations made 
therein, both in respect of the facts and the applicable 
legislation. The Working Group would be grateful if you could 
provide it with a reply at your earliest convenience, and not later 
than 90 days from the date of transmittal of the present letter, so 
as to facilitate its task of investigating the case. Nevertheless, 
should your Government wish that this deadline be extended, the 
Working Group would be grateful if you could inform it, within the 
90-day deadline, of the reasons for that request to enable the Group 
to extend, if necessary, the deadline keeping in mind the dates of 
its working sessions. A similar letter has been addressed to the 
Government of the Islamic Republic of Afghanistan. 
 
Please accept, dear Mr. Ambassador, the assurances of my highest 
consideration. End text of letter. 
 
Begin summary of communication: 
AFGHANISTAN/UNITED STATES OF AMERICA 
 
The case summarised below was reported to the Working Group on 
Arbitrary Detention as follows: 
 
1.  Mr. Amine Mohammad Al-Bakry, born on 29 December 1968, of Yemeni 
nationality, residing at Old Airport Road in the city of Al Medinah, 
Saudi Arabia, is the director of a private company specialized in 
the import and export of diamonds and precious stones owned by Mr. 
Djamel Ahmed Khalifa, husband of a Osama ben Laden's sister. 
 
2.  It was reported that Mr. Al-Bakry was abducted on 28 December 
2002 in Thailand, during a business trip to Bangkok, reportedly by 
agents of the Intelligence Services of the United States or of 
Thailand. During the whole year 2003, his whereabouts were unknown. 
The Thai authorities confirmed to Mr. Al-Bakry's relatives that he 
had entered into Thailand's territory but denied know his 
whereabouts, In January 2004, Mr. Al-Bakry's relatives received a 
letter from him sent through the International Committee of the Red 
Cross (ICRC) announcing that he was kept in detention at the United 
States Air Force Base of Baghram, near Kabul, Afghanistan. 
 
3.  The source mentions that Mr. Al-Bakry was detained due his 
commercial connections with Mr. Khalifa.  Mr. Khalifa himself was 
arrested in San Francisco, United States of America, and, after four 
months in detention, expelled to Jordan. In Jordan he was detained 
during two months without charges or trial. He is now residing at 
liberty in Saudi Arabia. The source considers that Mr. Khalifa was 
detained due to his family connection with Osama ben Laden. 
 
4.  Mr. Al-Bakry has been detained for more than 41 months in the 
military base of Baghram without any charge laid against him. No 
trial has been set. Furthermore, he has been refused access to 
defense lawyers and the only visits he may receive are those from 
representatives of the ICRC. Mr. Al-Bakry is not able to challenge 
the lawfulness of his detention or to appear before a competent, 
independent and impartial judicial authority. 
 
5.  According to the source, the detention of this person is 
arbitrary and contrary to his rights and freedoms guaranteed by 
articles 9 and 10 of the Universal Declaration of Human Rights and 
by articles 2, 9 and 14 and of the International Covenant of Civil 
and Political Rights, of which Afghanistan and the United States of 
America are parties. States are obliged to apply the norms of the 
International Covenant on Civil and Political Rights to all persons 
under their jurisdiction. The International Covenant thus applies in 
all territories under the effective control of the Afghan and the US 
Governments and to all persons under their jurisdictions. The United 
States has not temporarily derogated from a part of its obligations 
under the International Covenant on Civil and Political Rights in 
conformity with Article 4 of the Covenant and with General Comment 
No. 31 (2004) of the Human Rights Committee (CCPR/C/21/Rev.1/Add. 
13, para 10). 
 
6. The source adds that Mr. Al-Bakry has been denied the right to a 
fair trial recognized by Articles 105 and 106 of the Third Geneva 
Convention and article 75 of its Additional Protocol I. Both 
Governments have denied to the persons detained at Baghram military 
base the Prisoners of War status. Consequently, the International 
Human Rights law should be applied. The source adds that the right 
to a fair trial is inalienable and constitutes a guarantee necessary 
to the effective enjoyment of all human rights and the preservation 
of legality in a democratic society. 
 
7.  The Working Group would appreciate if the Governments of 
Afghanistan and of the United States of America could, in their 
replies, provide it with detailed information about the current 
situation of the above-mentioned person and to give clarifications 
about the legal provisions to justify his continued detention. End 
of summary of communication. 
 
TICHENOR 
 
 
NNNN