By James Oliphant
Ahmed Belbacha is one Guantanamo detainee who wants to stay right where he is.
The Algerian national, who has been held at the U.S. Navy prison in Cuba as an enemy combatant, is trying to prevent the Pentagon from sending him home.
In court papers filed this week with the U.S. Supreme Court, Belbacha’s lawyers say that he will be subjected to abuse and torture not only from the Algerian government upon his return, but ironically, agents of Al Qaeda. (Belbacha, however, undoubtedly doesn’t find the situation nearly so ironic.)
“Mr. Belbacha’s fear of what might happen to him in Algeria is so great that he would prefer to endure the oppressive conditions in Guantanamo Bay until an asylum state can be found,” his lawyers say in a filing to the high court.
A detainee at Guantanamo. AP photo
In Algeria, Belbacha worked as an accountant for a government-owned oil company and had been recalled for military service, court documents say, which made him a target for Islamic militants seeking to topple the regime.
At the same time, his lawyers argue, his lengthy stay at Guantanamo has branded him a international terrorist in the eyes of the Algerian government, which is likely to imprison him or torture him upon his arrival.
Given those two unappealing options, he wants to stay put. And make no mistake, it’s not because he’s enjoying himself. Court documents say Belbacha is held in near-total isolation in an all-steel cell with all-steel fixtures and no natural light. He’s allowed two hours of exercise per day in small area with only a deflated football to toss around.
Although the Pentagon has classified Belbacha as an enemy combatant, he has been deemed to “not pose a continuing threat to the United States and his allies.” Hence, his one-way ticket to Algeria.
His lawyers argue that because the Supreme Court has chosen to review--in a case to be argued this fall--a 2006 law that strips federal courts of the power to hear detainees’ challenges to their imprisonment, Chief Justice John Roberts should temporarily block Belbacha’s transfer until the court has ruled in the case. Belbacha also has a pending asylum claim with the U.S.
In papers filed Thursday, the government argues that the high court has no authority to block Belbacha’s transfer to Algeria, contending that while the justices will be reviewing the Military Commissions Act, they won’t be addressing a provision that prevents courts from interfering with prisoner transfers to foreign states. The Supreme Court, it argues, can’t meddle in foreign affairs in such a manner.
The government also stresses that it does not “repatriate or transfer a detainee to a country where the United States believes it is more likely than not that the individual will be tortured.”
Belbacha’s lawyers fear that his transfer could take place within a matter of days.
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Comments
The government also stresses that it does not "repatriate or transfer a detainee to a country where the United States believes it is more likely than not that the individual will be tortured"
The record indicates that the government lies.
Posted by: c. perry | August 9, 2007 6:00 PM
Hey, the beaches are nice this time of year in Cuba. Three squares a day. And besides, it's hot and dry in Algeria. Give the guy a break.
Posted by: Hashim | August 9, 2007 6:03 PM
The bad news is you can't stay here. The good news though, no torture by wearing panties on your head in Algeria.
Posted by: whatnow | August 9, 2007 6:31 PM
Has Senator Durbin seen this photo. IS this the same treatment that this detainee would receive from teh "Nazis, Pol POt annd others"?
Posted by: Terry | August 9, 2007 8:49 PM
Of all the stains on Bush this is one of the filthiest. The Patriot Act is UnConstitutional and is one of the first things that will be over-turned in 09. The sleeze of holding these people outside US law because they have dark hair and eyes should resonate deeply withe the American people. These kinds of things are exactly why the people of the US, the Middle East, and the rest of the world HATE these guys. If you're going to arrest someone, CHAREGE THEM! with EVIDENCE, or let them go! This "Patriotic Boot in your Ass" attitude will come back to haunt us for decades. And those of you who support the illegal detention of suspects are just as guity as the illegal government you support.
Posted by: Mrs. Jesus | August 10, 2007 5:52 AM
Terry,
This photo is nothing like those horrible places, but the Senator did view many sickening photos including those of detainees with anuses that were torn to shreds and bloody broomsticks and other blunt objects were found as evidence of prisoner abuse. That is the same type of abuse you would find in Soviet gulags, Nazi prison camps, and in the hands of Pol Pot's regime. What is wrong with the Senator demanding higher standards of conduct?
Posted by: jethro | August 10, 2007 9:21 AM
Jethro,
I guess Senator Durbin thought there was something wrong with ghis remarks, because he tried to apologize shortly thereafter (after much media scrutiny)
http://www.cbsnews.com/stories/2005/06/17/politics/main702631.shtml
Posted by: Terry | August 10, 2007 9:12 PM
Mrs Blashemy you are wrong we have to lock up terrorists forever if possible. The ACLU are a bunch of hungry lawyers that only get paid if they win--this is wrong. They are ruining the American war on terror. The ACLU lawyers should be prohibited from collecting fees if they win-- this would change the paradigm--the ACLU are no more or less important they want to release our enemies--this is a tragedy don't listen to these momey hungry people--they are opportunists. Jerry White, Springfield, IL
Posted by: Jerry White | August 10, 2007 10:24 PM
These Islamo jihadists are crazy period. There is no way to try people who kill without reason who think there are 72 virgins awaiting them in heaven. We are dealing with sad creatures who are willing to behead people on TV. There is no rational behavior sanctioned by a real religion that would allow this animal behavior--they don't deserve civil rights much less American civil rights when they clearly are not citizens of America. Dem Senators like Dickie Durbin have been wanting American rights for AlQuaeda. Our soldiers have died so these people might live in Gitmo--that's clearly where they belong. JW
Posted by: Jerry White | August 10, 2007 11:00 PM