Muhammad Saad Iqbal
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Muhammad Saad Iqbal is a Pakistani citizen who was held in
extrajudicial detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.list of prisoners (.pdf)
''
US Department of Defense The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secu ...
'', April 20, 2006
Madni's Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts. History On March 3, 2006, in compliance with a court order from D ...
was 743. The
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
reports that he was born on October 17, 1977. Madni was arrested in
Jakarta Jakarta (; , bew, Jakarte), officially the Special Capital Region of Jakarta ( id, Daerah Khusus Ibukota Jakarta) is the capital and largest city of Indonesia. Lying on the northwest coast of Java, the world's most populous island, Jakarta ...
after he asked about the whereabouts of an American official, prompting accusations that he intended to assassinate the individual. After six months in captivity, he attempted suicide and was subsequently relabeled as "non-compliant" by his captors. He was released in 2008 after six years imprisonment, and returned to Pakistan. His government said that he would not face any criminal charges, and that he was returning to his life. On 19 August 2009, the UK arm of the legal charity Reprieve commenced legal action on behalf of Madni, seeking information from the UK government about whether Madni had been rendered through
Diego Garcia Diego Garcia is an island of the British Indian Ocean Territory, a disputed overseas territory of the United Kingdom. It is a militarised atoll just south of the equator in the central Indian Ocean, and the largest of the 60 small islands o ...
.


Rendered to Egypt for torture


Combatant Status Review

Muhammad Saad Iqbal was among the 60% of prisoners who participated in the tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee. The memo accused him of the following: Summarized transcripts (.pdf)from Hafez Qari Mohamed Saad Iqbal Madni's ''
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
- pages 46-58


Transcript

The Department of Defense published a 13 summarized transcript from his 2004 CSR Tribunal.


Testimony

Madni told his Tribunal that he was wearing the orange jumpsuit that non-compliant captives were made to wear because of a suicide attempt he had made on the 191st day of his detention.


Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
s of 179 captives. A habeas corpus petition was filed on behalf of ''" Muhammed Saad Iqbal Madni"'' on December 13, 2005. But his dossier was not one of those the DoD published.


Administrative Review Board

Detainees whose
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were esta ...
labeled them "enemy combatants" were scheduled for annual
Administrative Review Board The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to revi ...
hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.


First annual Administrative Review Board

A Summary of Evidence memo was prepared for Hafez Qari Mohamed Saad Iqbal Madni's first annual Administrative Review Board on October 19, 2005. The two page memo listed nine "primary factors favor ngcontinued detention" and zero "primary factors favor ngrelease or transfer". Those factors included denunciations from unnamed informants that he claimed to be a member of al Qaida, that he plotted assassinations, that he was related to a female member of the extremist Ak Ikhwan Al Muslimoon Group in Indonesia, and that he had stated:


Transcript

Madni chose to participate in his Administrative Review Board hearing. Summarized transcript (.pdf) from Hafez Qari Mohamed Saad Iqbal Madni's ''
Administrative Review Board The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to revi ...
hearing'', December 1, 2005 - page 146


Preliminary meeting with Assisting Military Officer

Madni's preliminary meeting with his Assisting Military Officer took place on November 29, 2005. Madni said he would attend. His Assisting Military Officer described him as responsive, polite and attentive, during this meeting, but highly skeptical, based on his experience Combatant Status Review Tribunal.


Second annual Administrative Review Board

A Summary of Evidence memo was prepared for Hafes Qari Mohammed Saad Iqbal Madni's second annual Administrative Review Board on October 19, 2005. The two page memo listed nine "primary factors favor ngcontinued detention" and two "primary factors favor ngrelease or transfer". In addition to the allegations listed on the earlier memos the 2006 memo stated he had visited with members of al Qaida in Jakarta, Indonesia, that he met the Secretary General of the
Islamic Defenders Front ) , formation = , dissolved = , () () , successor = Islamic Brotherhood Front (Unrecognized) , status = Banned , founder = Muhammad Rizieq Shihab , founding_location = Ciputat, So ...
, that he had seen weapons at the house of his new militant acquaintances, and he had been told about two failed terrorist attacks in which they had participated—an attempt to use a car bomb against the US embassy, and an attempt to attack an airliner. One factor offered as a justification for his further detention stated:


Third annual Administrative Review Board

A Summary of Evidence memo was prepared for Hafes Qari Mohammed Saad Iqbal Madni's annual Administrative Review Board on December 27, 2007. The two page memo listed just four "primary factors favor ngcontinued detention" and two "primary factors favor ngrelease or transfer". All four of the factors favoring his continued detention concerned a leadership role he played in a student group, the Sipah-e-Islam Pakistan, which was an adjunct to a violent anti-Shi'a group, the
Sipah-e-Sahaba Pakistan Sipah-e-Sahaba Pakistan (SSP, , Guardians of the Prophet's Companions), renamed to Millat-e-Islamia, is a Islamist organisation in Pakistan, which also functioned as a political party. It broke away from the main Deobandi Sunni organisation J ...
. The factors stated these two groups followed the
Deobandi School Deobandi is a revivalist movement within Sunni Islam, adhering to the Hanafi school of law, formed in the late 19th century around the Darul Uloom Madrassa in Deoband, India, from which the name derives, by Muhammad Qasim Nanautavi, R ...
, and were created in reaction to the
Iranian revolution The Iranian Revolution ( fa, انقلاب ایران, Enqelâb-e Irân, ), also known as the Islamic Revolution ( fa, انقلاب اسلامی, Enqelâb-e Eslâmī), was a series of events that culminated in the overthrow of the Pahlavi dynas ...
, and that the SSP group was behind the assassination of the Iranian Ambassador to Pakistan in the early 1990s. More recently the groups organized political rallies. The factors favoring his release or transfer stated that he feared being returned to Pakistan, and that: Earlier allegations that he personally was involved in hostile acts were all dropped in this memo.


Third annual Board recommendations

One January 9, 2009, the Department of Defense released two heavily redacted memos, from his Board, to
Gordon R. England Gordon Richard England (born September 15, 1937) is an American politician and businessman who was the U.S. Deputy Secretary of Defense and twice served as the U.S. Secretary of the Navy in the administration of U.S. President George W. Bush. ...
, the
Designated Civilian Official The Designated Senior Official (DSO), also referred to as the Senior Designated Official (SDO) or Designated Civilian Official (DCO), is an additional duty or responsibility assigned to officials within governments. The designation, often mandated ...
. The Board's recommendation was unanimous The Board's recommendation was redacted. England authorized his continued detention on March 17, 2008.


Habeas corpus petition

A writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
was filed on Hafez Qari Mohamed Saad Iqbal Madni's behalf.


Military Commissions Act

The
Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.


Boumediene v. Bush

On June 12, 2008 the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled, in
Boumediene v. Bush ''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
, that the Military Commissions Act could not remove the right for
Guantanamo captives The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".


Protective order

On 15 July 2008 Kristine A. Huskey filed a ''"NOTICE OF PETITIONERS' REQUEST FOR 30-DAYS NOTICE OF TRANSFER"'' on behalf of several dozen captives including Iqbal.


Repatriation

A former Guantanamo captive named as ''"Qari Saad Madni"'' was repatriated on September 8, 2008. Pakistani officials stated he would soon be released without charge, following a debriefing. The ''Associated Press'' reported that Madni claimed he had tried to commit suicide during his first year in detention. On September 19, 2008 Richard L. Cys, James P. Walsh filed ''"Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot"'', as part of 05-CV-2385, on behalf of Muhammed Saad Iqbal Madni. Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the US Government and the Pakistani Government: On 5 January 2009 the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' published a profile of Mohammed Saad Iqbal. The profile chronicled serious health problems during and after his repatriation, and was illustrated with a picture of him standing in a
walker Walker or The Walker may refer to: People *Walker (given name) *Walker (surname) *Walker (Brazilian footballer) (born 1982), Brazilian footballer Places In the United States *Walker, Arizona, in Yavapai County *Walker, Mono County, California * ...
. The New York Times reported that senior US officials were prepared to confirm aspects of his account of himself—off the record. They informed the New York Times that, shortly after he had apprehended in Jakarta, during his first two days of interrogation analysts had decided he was a braggart and "wannabe" and should be immediately released: He was first transferred for four months to a brutal interrogation center in
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
, where he was housed in a 4 x cell he said "like a grave", and subjected to electric shocks during his interrogation. He was then transferred, for a year to the
Bagram Theater Internment Facility The Parwan Detention Facility (also called Detention Facility in Parwan or Bagram prison) is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during t ...
. He described harassment from other captives because he had never trained in Afghanistan. Richard L. Cys of
Davis Wright Tremaine Davis Wright Tremaine LLP is an American business and litigation law firm. Founded in 1944, the firm is a limited liability partnership and employs over 500 lawyers. Davis Wright Tremaine is headquartered in Seattle, Washington, and has offices ...
is seeking relief for his long detention without charge, and for the release of his medical records, which may document his torture claims.
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
spokesman Paul Gimigliano denied Madni had been subjected to illegal treatment: On January 19, 2009, the '' Daily Times'' reported that Iqbal had held a press conference in Islamabad where he demanded compensation for the treatment he received.


Madani's declaration

Sa'd Iqbal Madani offered an affidavit in support of Ahmed Zaid Salem Zuhair's
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petition. He declared that he and
Mamdouh Habib Mamdouh Habib (born 3 June 1955) is an Egyptian and Australian citizen with dual nationality, best known for having been held for more than three years by the United States as an enemy combatant, by both the Central Intelligence Agency (CIA) and ...
had been sent to Egypt for interrogation. His interrogators were all Egyptians, but Americans were always present, and passed notes to the Egyptian interrogators. His interrogations include electric shock, beatings, being interrogated while drugged, and being locked in a cell so small he could not sit up, or lie down. He and Habib were transferred to the
Bagram Theater Internment Facility The Parwan Detention Facility (also called Detention Facility in Parwan or Bagram prison) is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during t ...
, where he reported
Koran desecration Quran desecration is the treatment of the Quran, in its original Arabic form, in a way that might be considered disrespectful or insulting. Respect for the Quran as a holy book, as in other faiths, is an important element of religious faith in ...
and brutal beatings. In Bagram he was held in the same cell as
Moazzam Begg Moazzam Begg ( ur, ; born 5 July 1968 in Sparkhill, Birmingham) is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, for ...
and Ahmed Zaid Salem Zuhair. three months of torture He declared that as a consequence of his electric shocks to his head in Egypt he developed a life-threatening bone infection, but medical treatment was withheld because his interrogators characterized him as being uncooperative. He declared he was confined the Psychiatric wing for six months—as punishment.


UK Legal Action

On August 19, 2009, the UK arm of the legal charity Reprieve commenced legal action on behalf of Mr Madni against the UK
Foreign Secretary The secretary of state for foreign, Commonwealth and development affairs, known as the foreign secretary, is a minister of the Crown of the Government of the United Kingdom and head of the Foreign, Commonwealth and Development Office. Seen as ...
. The litigation seeks
disclosure of material held by the Secretary of State or within his control that evidences his extraordinary rendition through Diego Garcia and that would assist him in identifying and bringing proceedings against those US (and, if applicable, UK) personnel involved in his detention, unlawful rendition and torture''R (Madni) v Secretary of State for Foreign and Commonwealth Affairs'', Claim Form and Grounds of Judicial Review
, August 19, 2009


See also

*
Bagram torture and prisoner abuse In 2005, ''The New York Times'' obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghan prisoners by U.S. military personnel in December 2002 at the Bagram Theater Internment Facility ...


References


External links


Former Guantanamo inmate Saad Iqbal Madni's 'agony'
BBC February 2011
US Torture Under Scrutiny In British Courts
Andy Worthington, July 29, 2009
Identity Of Guantánamo Torture Victim Rendered Through Diego Garcia
Andy Worthington, June 3, 2009
Mohammed Saad Iqbal Madni
Reprieve
Freed Gitmo inmate narrates horrific plight
April 22, 2010 * video''
Former Guantanamo detainee Saad Iqbal Madni's struggle
BBC February 2011 {{DEFAULTSORT:Iqbal, Muhammad Saad Living people Pakistani extrajudicial prisoners of the United States Guantanamo detainees known to have been released 1977 births Bagram Theater Internment Facility detainees People subject to extraordinary rendition by the United States Pakistani torture victims