Majid Khan (detainee)
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Majid Shoukat Khan (born 28 February 1980) is a Pakistani detainee who is the only known legal resident of the United States held in the
Guantanamo Bay Detainment 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 ...
. He was detained after returning to his native
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
to visit his wife and was captured by Pakistani authorities, who handed him over to the
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 ...
. In 2012, Khan pled guilty to conspiracy and the murder of 11 innocent civilians in the
2003 Marriott Hotel bombing The 2003 Marriott Hotel bombing occurred on August 5, 2003 in Mega Kuningan, South Jakarta, Indonesia. A suicide bomber detonated a car bomb outside the lobby of the JW Marriott Hotel, killing 12 people and injuring 150. Those killed including ...
in Jakarta, Indonesia, and for the attempted assassination of Pakistan President
Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of the ...
.
Iyman Faris Iyman Faris (a.k.a. Mohammad Rauf;"Ohio trucker joined al Qaeda jihad"
CNN
...
told authorities that Khan had referred to
Khalid Sheikh Mohammed Khalid Sheikh Mohammed (sometimes also spelled Shaikh; also known by at least 50 pseudonyms; born March 1, 1964 or April 14, 1965) is a Pakistani Islamist militant held by the United States at the Guantanamo Bay detention camp under terrorism-re ...
as an "uncle" and spoken of a desire to kill Pakistan President
Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of the ...
.Rich, Eric. ''
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''
Terrorism suspect alleges mental torture
, May 16, 2007
After Khan was taken into custody, sent to a CIA
black site In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with a ...
in Afghanistan, where he was interrogated and transferred to Guantanamo Bay in September 2006, Faris said that his accusations had been "an absolute lie." He said that he had been coerced into making the statements. Khan had gained asylum in the United States in 1998 and lived in
Baltimore Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
,
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, where he attended high school and worked for his father. Khan made repeated offers to submit to a
polygraph A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked an ...
test to prove his innocence, but was turned down. The
Director of National Intelligence The director of national intelligence (DNI) is a senior, cabinet-level United States government official, required by the Intelligence Reform and Terrorism Prevention Act of 2004 to serve as executive head of the United States Intelligence Commu ...
asserted that Khan's experience working in his father's
gas station A filling station, also known as a gas station () or petrol station (), is a facility that sells fuel and engine lubricants for motor vehicles. The most common fuels sold in the 2010s were gasoline (or petrol) and diesel fuel. Gasoline ...
"...made Khan highly qualified to assist Mohammad with the research and planning to blow up gas stations." Khan is represented by the
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a high value detainees" to have legal representation. He has attempted
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
seven times (one in an attempt to assassinate former Pakistani President
Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of the ...
and six times while in detention). He complained in writing of having his beard forcibly shaved (in violation of his religious practice) and spending weeks without sunlight; he also complained that detainees are expected to wash with "cheap branded, unscented soap", and that he is forced to read the "poor quality" Joint Task Force Guantanamo's weekly newsletter ''
The Wire ''The Wire'' is an American Crime film, crime drama Television show, television series created and primarily written by author and former police reporter David Simon. The series was broadcast by the cable network HBO in the United States. ''The ...
''.
Khaled el-Masri Khaled El-Masri (also Khalid El-Masri and Khaled Masri, Levantine Arabic pronunciation: , ar, خالد المصري) (born 29 June 1963) is a German and Lebanese citizen who was mistakenly abducted by the Macedonian police in 2003, and handed o ...
, a citizen of Germany held for five months in the CIA black site in Afghanistan known as the "
Salt Pit The Salt Pit and Cobalt are the code names of an isolated clandestine CIA black site prison and interrogation center outside Bagram Air Base in Afghanistan. It is located north of Kabul and was the location of a brick factory prior to the Afgh ...
" in 2003 and 2004, a victim of mistaken identity, reported that Majid Khan was one of his fellow captives there.


Early life

Khan's family settled in
Catonsville, Maryland Catonsville is a census-designated place (CDP) in Baltimore County, Maryland, United States. The population was 41,567 at the 2010 census. The community lies to the west of Baltimore along the city's border. Catonsville contains the majority of th ...
, near
Baltimore Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
, where he attended
Owings Mills High School Owings Mills High School (OMHS) is a four-year public high school in Owings Mills, Maryland, United States. It is part of the Baltimore County Public Schools consolidated school district. History Construction for Owings Mills Junior-Senior High Sc ...
.From Baltimore Suburbs to a Secret CIA Prison: Family Learned Last Week That Man Was Among 'High-Value' Terrorism Suspects Moved to Guantanamo
, ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', September 11, 2006
He was granted
asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea ...
in the U.S. in 1998, and graduated the following year. In 2002, Khan returned to Pakistan, where he married 18-year-old Rabia Yaqoub. According to
Deborah Scroggins Deborah Scroggins (November 27, 1961 in Atlanta, Georgia"Deborah Scroggins." ''Contemporary Authors Online''. Detroit: Gale, 2007.) is an American journalist and author. A graduate of Tulane University and Columbia University, she was a reporter a ...
, author of '' Wanted Women'', Khan had become more religious, after his mother's death, and had asked his aunt to help him find a wife who was also a religious scholar. Rabia was one of his aunt's students. He returned to the United States for a short period to continue his work as a database administrator in a Maryland government office.Terrorism suspect has Balto. Co. ties
''
The Baltimore Sun ''The Baltimore Sun'' is the largest general-circulation daily newspaper based in the U.S. state of Maryland and provides coverage of local and regional news, events, issues, people, and industries. Founded in 1837, it is currently owned by Tr ...
'', September 11, 2006
He claims that he helped the
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
investigate and arrest an illegal immigrant from Pakistan during this time. On December 25, 2002,
Aafia Siddiqui Aafia Siddiqui ( ur, ; born 2 March 1972) is a Pakistani national who is serving an 86-year sentence at the Federal Medical Center, Carswell in Fort Worth, Texas, United States for attempted murder and other felonies. Siddiqui was born in Paki ...
made a trip from Pakistan to the U.S., saying that she was looking for a job. She left the U.S. on January 2, 2003. The FBI suspects that the real purpose of her trip was to open a
P.O. box A post office box (commonly abbreviated as P.O. box, or also known as a postal box) is a uniquely addressable lockable box located on the premises of a post office. In some regions, particularly in Africa, there is no door to door delivery ...
for Khan. Siddiqui registered Khan as co-owner of the box, claiming he was her husband."The intelligence factory: how America makes its enemies disappear"
, ''
Harper's Magazine ''Harper's Magazine'' is a monthly magazine of literature, politics, culture, finance, and the arts. Launched in New York City in June 1850, it is the oldest continuously published monthly magazine in the U.S. (''Scientific American'' is older, b ...
'', November 2009
The key to the box was later found held by Uzair Paracha, who was convicted of
providing material support to al-Qaeda In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code, section2339Aan2339B It applies primarily to groups designated as terrorists by the St ...
and was sentenced to 30 years in federal prison in 2006; fifteen years after his arrest, Uzair's conviction was deemed void on July 3, 2018, by Judge Sidney H. Stein, based on newly discovered statements made by Ammar al-Baluchi, Majid Khan (detainee) and Khalid Sheikh Mohammed, bringing his involvement and intentions into question. Siddiqui's ex-husband said he was suspicious of Siddiqui's intentions, as she made her trip at a time when U.S. universities are closed.


Arrest and detention

Khan returned to Pakistan on March 5, 2003. He, his brother Mohammed, and other relatives were arrested at their residence in
Karachi Karachi (; ur, ; ; ) is the most populous city in Pakistan and 12th most populous city in the world, with a population of over 20 million. It is situated at the southern tip of the country along the Arabian Sea coast. It is the former cap ...
by Pakistani security agents and taken into custody. Khan and his family were taken to an unknown location. After about a month, the entire family, with the exception of Khan, was released. Rabia Khan and the rest of his family heard nothing of his whereabouts for three years. In September 2006, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
announced that Khan, along with 13 other so-called " high value detainees", had been transferred from secret CIA prisons to military custody at
Guantánamo 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 ...
to await prosecution under the new military tribunal system authorized by 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 ...
.


Legal issues

Khan was the first of the fourteen high-value detainees to challenge his detention in court.Suspect challenges detention: The detainee is the first transferred from secret CIA prison to argue he is being wrongfully held
''
Kansas City Star ''The Kansas City Star'' is a newspaper based in Kansas City, Missouri. Published since 1880, the paper is the recipient of eight Pulitzer Prizes. ''The Star'' is most notable for its influence on the career of President Harry S. Truman and as ...
'', October 5, 2006
The
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a 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 ...
'' challenge on October 5, 2006 — before President Bush signed 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 ...
into law.New lawsuits challenge Congress's detainee act
, ''
Christian Science Monitor Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
'', October 6, 2006
But, the Military Commissions Act of 2006 restricted detainees from mounting challenges through U.S. courts and was retroactive. The
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a U.S. 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 ...
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 ...
'' on December 5, 2007. Justice Kennedy held in the case that the MCA could not deny detainees and other petitioners, including Khan, their right to petition United States courts for 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 ...
''.


Allegations

In the government's account, Khan was exposed to a radicalized element of Islam while in the United States. Khan allegedly began attending secret prayer meetings at Baltimore's Islamic Society, where he was recruited by individuals who sought out disaffected young people. U.S. officials assert that Khan's first trip to Pakistan connected him to family members affiliated with
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
. According to officials, these family members introduced Khan to
Khalid Sheikh Mohammed Khalid Sheikh Mohammed (sometimes also spelled Shaikh; also known by at least 50 pseudonyms; born March 1, 1964 or April 14, 1965) is a Pakistani Islamist militant held by the United States at the Guantanamo Bay detention camp under terrorism-re ...
(KSM), the man accused of orchestrating the
September 11, 2001 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...
. Allegedly Mohammed later enlisted Khan in helping to support and plan
terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
attacks against the U.S. and
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. Government officials assert that Khan, under KSM's tutelage, was being trained to blow up gas stations and poison water reservoirs, and that he plotted to assassinate Pakistani President General
Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of the ...
. Khan's job at the family gas station played a role in the suspicions of U.S.
intelligence analysts Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
that he was part of a plot to blow up parts of the U.S. petroleum infrastructure. The U.S. government contends that Khan was aware that his visit to family in Pakistan in 2002 violated the terms of his asylum granted in 1998.


Legal challenge to government

Khan's attorneys at the
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
d, subjected to cruel,
inhuman, or degrading treatment Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
, and
coerced Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
into making false and unreliable confessions. Khan's appeal points out that although he had been in U.S. custody for more than three and a half years, he had never had any kind of review of the legality of his detention. Khan's attorneys at CCR petitioned to have his case tried in civilian court in the United States instead of by military tribunal at Guantanamo. A federal appeals court ruled in February 2007 that detainees at Guantanamo Bay could not use the U.S. court system to challenge their indefinite imprisonment.


Access to legal counsel

The
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a Bush administration to deny Khan access to counsel, "ignores the Court's historical function under Article III of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
to exercise its independent judgment," and used its classification authority to hide illegal conduct when the court had sufficient tools to prevent disclosure of sensitive classified information. On November 4, 2006, the
Justice Department A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
said that Khan should not be allowed to speak to an attorney because he might "reveal the agency's closely guarded interrogation techniques".
James Friedman James Friedman is Professor of Law Emeritus at the University of Maine School of Law.Maine School of Law, wrote that the Bush administration is arguing that Khan, and the other high-value detainees held in the Black Sites, should be gagged from talking about the interrogation techniques they were exposed to, even when talking privately to their own lawyers.Secrecy, Interrogation and the Rule of Law
, ''
The Jurist ''The Jurist: Studies in Church Law and Ministry'' or simply ''The Jurist'' is a peer-reviewed academic journal and the only journal published in the United States devoted to the study and promotion of the canon law of the Catholic Church. It w ...
'', November 13, 2006
Friedman pointed out, "His combatant status was never reviewed as required by the U.S. Supreme Court in ''
Hamdi v. Rumsfeld ''Hamdi v. Rumsfeld'', 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens m ...
'' (2004) nor as outlined in the
Detainee Treatment Act of 2005 The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions re ...
." *The D.I.A. told the court that if Mr. Khan told just any person what the nterrogationprocedures were, it would cause "extremely grave damage to the national security." * Marilyn A. Dorn, an official at the National Clandestine Service, part of the CIA, told the court that
If specific alternative techniques were disclosed, it would permit terrorist organizations to adapt their training to counter the tactics that C.I.A. can employ in interrogations.


Habeas corpus submission

Khan is one of 16 Guantanamo captives whose amalgamated habeas corpus submissions were heard by
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
Judge
Reggie B. Walton Reggie Barnett Walton (born February 8, 1949) is a Senior United States district judge of the United States District Court for the District of Columbia. He is a former presiding judge of the Foreign Intelligence Surveillance Court. Early life ...
on January 31, 2007. Walton ruled that the cases be administratively closed (or stayed) until the District of Columbia Circuit resolved the issue of jurisdiction. Pakistan's '' International News'' reported Khan's wife's lawyer told the
Sindh High Court The High Court of Sindh ( ur, ) is the highest judicial institution of the Pakistani province of Sindh. Established in 1906, the Court situated in the provincial capital at Karachi. Apart from being the highest Court of Appeal for Sindh in ...
that she was not informed that Khan was in U.S. custody for the first three years after he disappeared.


Timeline of Majid Khan's Combatant Status Review Tribunal

The press release quoted from Gitanjali Gutierrez, Khan's lawyer: According to the press release, Khan's Tribunal was scheduled to start on April 10, 2007, and to finish by April 13, 2007. Ali Khan made the
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
on April 6, 2007, when the family confirmed they would not be allowed to testify in person. According to
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 (Philipp ...
spokesman Commander Jeffrey Gordon, Khan's Tribunal concluded April 15, 2007. 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 (Philipp ...
announced on August 9, 2007 that all fourteen of the "high-value detainees" who had been transferred to Guantanamo from the CIA's
black site In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with a ...
s, had been officially classified as "enemy combatants".mirror
/ref> Although judges
Peter Brownback Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg h ...
and
Keith J. Allred Keith J. Allred is an American lawyer and retired Naval officer.. He is best known for being the trial court judge for Salim Ahmed Hamdan. Early life and career Keith Johns Allred was born on January 4, 1955, and died September 11, 2018. Jud ...
had ruled two months earlier that only "''illegal'' enemy combatants" could face military commissions, the Department of Defense waived the qualifier and said that all fourteen men could now face charges before
Guantanamo military commission ThGuantanamo military commissionswere established by President George W. Bush – through a Military Order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of e ...
s.


Legal action


First meeting with a lawyer

On October 15, 2007, Gitanjali Gutierrez, a CCR attorney, wrote about her pending first meeting with Majid Khan. Khan was the first of the "
high value detainees Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. ...
" to meet with a lawyer.


Order to preserve evidence

In December 2007, a Federal appeals court in
Washington DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
ordered the Department of Defense to preserve evidence in Khan's case. The motion predated reporting that, contrary to earlier claims by the government, the CIA had taped the interrogations of
Abu Zubaydah Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
and Abdul Al Nashiri, including their
waterboarding Waterboarding is a form of torture in which water torture, water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method ...
in 2002, and destroyed those tapes. A court order of late 2005 had ordered the government not to destroy such evidence. In an e-mail to ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' Wells Dixon, one of Khan's lawyers, wrote: The CIA denied that it had tortured Khan or any other captive. Dixon said: ''
The Baltimore Sun ''The Baltimore Sun'' is the largest general-circulation daily newspaper based in the U.S. state of Maryland and provides coverage of local and regional news, events, issues, people, and industries. Founded in 1837, it is currently owned by Tr ...
'' quoted a CIA spokesman, George Little, who repeated that the CIA stood by its assertion that it had stopped videotaping captives' interrogations in 2002. But Khan's lawyers said their client's interrogations had been taped more recently than that.


Motion to declare torture

A motion filed by the
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a The government's response to the motion was due to the court on December 20, 2009. The CCR attorneys Dixon Wells and Gita S. Gutierrez released some of their declassified notes from their conversations with Majid Khan in November 2007. They included the following: * He chewed through the artery in his left arm until it bled in January 2007 and still had a scar. * He was on
hunger strike A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
s to protest for his rights to see his lawyers and to protest his conditions and being kept in isolation. Hunger strikes were the only way he knew to assert his rights. He said a teacher at Owings Mills High School had taught him about checks and balances, and he learned that if you do not assert and protect your rights, you do not deserve to be in the United States. * Khan went on hunger strike to get a subscription to ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
''. * When meeting Khan for the first time, the attorneys initially thought the guards had brought the wrong detainee, which had happened in the past. But he had lost so much weight that they did not recognize him. He looked at them and said, "Dixon? Gita? I've been waiting a long time to meet you. It's good to see you." * He is suffering from symptoms of
post-traumatic stress disorder Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...
, including concentration, memory loss, and frantic expression. * He said he wished he had gone to college.


Petition of habeas corpus

A petition 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 Khan's behalf on September 29, 2006. On July 22, 2008, J. Wells Dixon, Gitanjali S. Gutierrez, Shayana D. Kadidal, of the
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a Civil Action No. 06-1690, ''
Majid Khan v. George W. Bush In United States law, ''habeas corpus'' is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base ...
''. On August 1, 2008, Dixon filed a "Motion for Order directing the Court Security Office to file supplemental status report". He wrote that a Detainee Treatment Act appeal had been initiated on Khan's behalf. His motion said that in contrast to other captives' DTA appeals, the Department of Justice was not agreeing to allow exculpatory information prepared for his appeal to be made available for use on his habeas petition.


Declaration of sentence completed

Via "The Guantánamo Docket" published by 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 ...
:
A senior Pentagon official declared his sentence complete on March 1, 2022. His lawyers argue that expiration of his sentence means he should be promptly released, although the U.S. had yet to reach a deal with a country to receive him.


Release

The United States suggested that Khan should be granted parole on the Guantanamo Bay Naval Base, which has about 6,000 residents, until a country is found to receive him. Khan has rejected this proposal. On June 7, 2022, lawyers for Khan petitioned the United States District Court for the District of Columbia for a writ of ''habeas corpus''. The petition is asking the United States ''inter alia'' to release him from his unlawful detention in Guantanamo and for the United States to comply with their
non-refoulement Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, member ...
obligations under international law for relocation to anywhere but his native Pakistan.


Letters from Guantanamo

Khan is the first of the 14 high-value detainees to get mail to his relatives. ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' reported that four letters from Khan had been received, three to his relatives in Maryland, and one to his wife. The letters were delivered to his family through the
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
. Its contact with detainees is contingent on the agency's promise not to publicly disclose any information received during the meetings, which is its standard process. Khan's letter to his wife was written in
Urdu Urdu (;"Urdu"
''
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
's Urdu web site. Khan's Maryland relatives also decided to make the letters public to bring more attention to his case. These letters, written on December 17, 2007, and December 21, 2007, were made public on January 18, 2008. The letters were filed as part of a petition in the
Washington DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
Federal Court of Appeal. The petition asks the court "to rule that he was tortured in U.S. custody." According to ''The Washington Post'', Khan's letters were heavily redacted by military censors. Khan wrote that he was in solitary confinement, but he could talk to nearby captives through the cell walls. Once a day he is permitted to leave his cell "to get sunburn" during an hour of solitary access in an exercise yard. His relatives said the letters showed he had become much more religious. According to ''
The Baltimore Sun ''The Baltimore Sun'' is the largest general-circulation daily newspaper based in the U.S. state of Maryland and provides coverage of local and regional news, events, issues, people, and industries. Founded in 1837, it is currently owned by Tr ...
'': : Other quotes from Khan's letters include: : ''The Baltimore Sun'' reported that Khan said that when he lived in the United States, he paid $2,400 per month in U.S. taxes. It also reported that the only other captive he had any contact with since he arrived in Guantanamo was
Abu Zubaydah Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
.


Pakistani cooperation

In 2006,
Khalid Khawaja Squadron Leader Khalid Khawaja ( ur, ; 1951–2010) was an officer of the Pakistan Air Force, and the Air Force's intelligence officer of the Pakistan's Inter Services Intelligence agency.Saifullah Paracha Saifullah Abdullah Paracha is a citizen of Pakistan who was held, without any charge, in the United States Guantanamo Bay detainment camps, in Cuba for over 18 years. He was released on October 29, 2022. As of 18 May 2021, Saifullah Paracha was ...
as proof that the Pakistani government had lied about whether it had handed over Pakistani citizens to the U.S."2 Pakistanis in Guantanamo Bay should be released, rights group says"
, ''
International Herald Tribune The ''International Herald Tribune'' (''IHT'') was a daily English-language newspaper published in Paris, France for international English-speaking readers. It had the aim of becoming "the world's first global newspaper" and could fairly be said ...
'', November 23, 2006
The
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
quotes Khawaja as stating that: "Pakistan has sold its own people to the United States for dollars."


Related case

In September 2006, Uzair Paracha, the son of
Saifullah Paracha Saifullah Abdullah Paracha is a citizen of Pakistan who was held, without any charge, in the United States Guantanamo Bay detainment camps, in Cuba for over 18 years. He was released on October 29, 2022. As of 18 May 2021, Saifullah Paracha was ...
, another Guantanamo detainee, was tried and convicted of
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
charges in a U.S. court. Paracha had requested Majid Khan as a witness. The U.S. government declined to produce him, although he was in U.S. custody."Maryland Man Named As High-Value Terror Suspect"
''
WBAL-TV WBAL-TV (channel 11) is a television station in Baltimore, Maryland, United States, affiliated with NBC. It is the flagship property of Hearst Television, which has owned the station since its inception, and is sister to the company's sole radio ...
'', September 11, 2006


Torture

On March 13, 2008, the
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 ...
released highly redacted documents from a Combatant Status Review Tribunal in which Khan describes abuse and torture he suffered in CIA custody. The
Senate Intelligence Committee The United States Senate Select Committee on Intelligence (sometimes referred to as the Intelligence Committee or SSCI) is dedicated to overseeing the United States Intelligence Community—the agencies and bureaus of the federal government of ...
's C.I.A. Torture Report, released December 9, 2014, revealed that Khan was one of the detainees subjected to "
rectal feeding A nutrient enema, also known as feeding per rectum, rectal alimentation, or rectal feeding, is an enema administered with the intent of providing nutrition when normal eating is not possible. This treatment is ancient, dating back at least to the s ...
", which his lawyers described as a form of rape, as part of his ″torture regime″ at the black site prison. Khan's "lunch tray", consisting of
hummus Hummus (, ; ar, حُمُّص, 'chickpeas'; full Arabic name: ''ḥummuṣ bi-ṭ-ṭaḥīna'' ar, حمص بالطحينة, 'chickpeas with tahini'), also spelled hommus or houmous, is a Middle Eastern dip, spread, or savory dish made fr ...
,
pasta Pasta (, ; ) is a type of food typically made from an unleavened dough of wheat flour mixed with water or eggs, and formed into sheets or other shapes, then cooked by boiling or baking. Rice flour, or legumes such as beans or lentils, are som ...
with sauce, nuts, and
raisins A raisin is a dried grape. Raisins are produced in many regions of the world and may be eaten raw or used in cooking, baking, and brewing. In the United Kingdom, Ireland, New Zealand, and Australia, the word ''raisin'' is reserved for the da ...
was pureed and rectally infused," says the report.https://www.nytimes.com/interactive/2014/12/09/world/cia-torture-report-document.html , p. 100


References


External links


"Guantánamo's tangled web: Khalid Sheikh Mohammed, Majid Khan, dubious U.S. convictions, and a dying man"
Andy Worthington, 14 July 2007
''UN Secret Detention Report (Part One): The CIA's "High-Value Detainee" Program and Secret Prisons''
Andy Worthington, 15 June 2010 {{DEFAULTSORT:Khan, Majid Pakistani extrajudicial prisoners of the United States Detainees of the Guantanamo Bay detention camp Pakistani emigrants to the United States Living people People subject to extraordinary rendition by the United States 1980 births People from Catonsville, Maryland People with acquired American citizenship