Number of juveniles held at Guantanamo almost twice official Pentagon figureAndy WorthingtonRaw Story Nov. 26, 2008 |
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Canadian national Omar Khadr is still being held at Guantanamo Bay. Accused of murder, Khadr was captured in Afghanistan in 2002 when he was 15. On Sunday, the Pentagon admitted that 12 juveniles -- those under the age of 18 at the time their alleged crimes took place -- have been held at Guantanamo Bay (as opposed to the figure of eight that was submitted to the UN in May). But a RAW STORY count, drawn from the Pentagon's own records, reveals that the total number of juveniles held at Guantanamo is at least 22 -- nearly double the official Pentagon figure. In a submission to the 48th Session of the UN Committee on the Rights of the Child (PDF), the Pentagon claimed that it had only held eight juveniles during the life of the Guantanamo Bay prison. It acknowledged that three Afghans under the age of 16 were released in January 2004 (as reported in the New York Times), stated that another three juveniles were repatriated between 2004 and 2006 and claimed that it was only holding two prisoners who were juveniles at the time of their capture: the Canadian Omar Khadr and the Afghan Mohamed Jawad, who are both facing a trial by Military Commission. The much-criticized Commission was created by the Defense Department as part of "terror trials" conceived in the wake of the 9/11 attacks. Last week, the Center for the Study of Human Rights in the Americas, based at the University of California, issued a report pointing out that, contrary to the Pentagon's assertions, at least 12 prisoners were juveniles at the time of their capture. The report correctly stated that, in addition to Omar Khadr and Mohamed Jawad, Mohamed El-Gharani, a Saudi resident born to parents from Chad, was still imprisoned. Just 14 years old when he was seized in October 2001, El-Gharani had traveled to Pakistan to study information technology, but had been rounded up in a random raid on a mosque, tortured in Pakistani custody and then held in U.S. detention, first in Afghanistan, and then in Guantanamo. The report also asserted that the Pentagon had forgotten to include Yasser Talal al-Zahrani. Al-Zahrani, a Saudi national, was 17 when he was seized in Afghanistan, andwas one of three prisoners who died in Guantanamo (apparently by committing suicide) in June 2006. After the report was issued, the Pentagon acknowledged that it had revised its figure from eight to 12, and said it had provided a corrected submission to the United Nations. Navy Cmdr. Jeffrey Gordon claimed that the problems arose because many of the prisoners did not know their dates of birth. But as the director of the Center for the Study of Human Rights in the Americas explained the Center's report had drawn on the Pentagon's own sources, specifically the list of all the prisoners held at Guantanamo from January 11, 2002 until May 15, 2006, which included their names, nationalities, and dates of birth. Close scrutiny of this list reveals that the Pentagon will need to revise its figures once more, as, by its own account, a total of 22 prisoners were juveniles at the time of capture. Moreover, contrary to the Pentagon's account, five of these prisoners are still being held. This imprecision seems to reflect the Pentagon's lack of concern for whether prisoners were juvenile at the time of capture. Under the terms of Optional Protocol to the UN Convention on the Rights of the Child (on the involvement of children in armed conflict), the U.S. administration is required to promote "the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict," but in May 2003, when the story first broke that juvenile prisoners were being held at Guantanamo, defense secretary Donald Rumsfeld told a press conference, "This constant refrain of 'the juveniles,' as though there's a hundred children in there -- these are not children." Although the three juveniles released in January 2004 were held separately from the adult population and given some educational and recreational opportunities, there is no evidence that the rest of the juveniles held at Guantanamo received any preferential treatment whatsoever. In many cases, they were subjected to the kind of chronic abuse that has earned Guantanamo (and the U.S. prisons in Afghanistan) a reputation as facilities where the use of torture was routine. The following is a list of the 22 juveniles held at Guantanamo: Including Omar Khadr, Mohamed Jawad and Mohammed El-Gharani, five prisoners who were juveniles at the time of capture are still being held at Guantanamo. The two not previously mentioned are: * Faris Muslim al-Ansari, a Yemeni, was 17 when he was seized crossing the Pakistani border. In Guantanamo, he explained (PDF, pp. 128-33) that his family had left Yemen when he was a child, and had moved to Afghanistan, where his father had fought the Russians. Denying an allegation that he was a Taliban fighter, he said, "I have never done anything military-related at all, and I don't know anything about military fighting," and added that he fled Jalalabad, where he was living with his parents, because "The Americans would target any Arabs, not just al-Qaeda or the Taliban, and the Northern Alliance would kill any Arab they saw."In addition to the three juveniles released in January 2004 (Asadullah, Naqibullah and Mohammed Ismail), the following thirteen prisoners who were juveniles at the time of capture have also been released: * Abdul Qudus, an Afghan, was 14 when he was sold to US forces by opportunistic Afghan soldiers. In Guantanamo, he explained (PDF, pp. 22-7) that he and Mohammed Ismail (one of the three juveniles released in January 2004) had been looking for work, and had ended up spending the night at an Afghan militia post. The following morning, the soldiers wanted to give them weapons and make them fight, and when they refused they were put in a car, delivered to the Americans, and accused of being with the Taliban. He was released in 2005 or 2006.In addition, two other Pakistani juveniles -- Khalil Rahman Hafez and Sultan Ahmad (both 17 at the time of capture) -- were released without their stories being told, and the 22nd juvenile prisoner was Yasser Talal al-Zahrani. It remains plausible that the dates of birth of several other prisoners were recorded incorrectly by the Pentagon, and it should also be noted that Sami al-Haj, the al-Jazeera journalist released in May, told his lawyers at the legal action charity Reprieve that he believed that at least two dozen other prisoners were juveniles when they were seized. Hundreds of juvenile prisoners are still being held in Afghanistan and Iraq. In its submission to the UN in May, the Pentagon claimed that it had held "approximately 90" in Afghanistan since 2002, and was currently holding "approximately ten," and had held "approximately 2,400" in Iraq since 2003, and was currently holding "approximately 500." If Guantanamo is anything to go by, these figures may not be reliable at all. Andy Worthington is the author of The Guantanamo Files: The Stories of the 774 Detainees in America's Illegal Prison (published by Pluto Press). |