United Arab Emirates: Letter to Secretary of State Clinton regarding the Naji Hamdan case
Al-Karama has been working on the Naji Hamdan case since his detainment on 29 August 2008. Hamdan was arrested at his home by UAE intelligence services and held incommunicado for three months without the possibility of contact with the outside world, with the exception of a telephone call to his wife, and a visit on 19 October 2008 by the U.S. consul. He is currently imprisoned in Al-Wathba prison where he has been held since being transferred on 26 November 2008.
Hamdan, now 43, emigrated from Lebanon to the United States in the 80's, where he eventually became a US citizen. He has his own business, and decided to settle in the UAE in 2006 to pursue commercial opportunities. His family is now living in Lebanon.
Al-Karama previously sent a communication to the Special Reporter for the promotion and protection of human rights and fundamental freedoms in the fight against terrorism, the Rapporteur on torture and the Working Group on Arbitrary Detention arbitrary about Naji Hamdan.
The Honorable Hillary Clinton
Secretary of State
United States Department of State
2201 C Street NW
Washington, DC 20520
April 14, 2009
ATTN: Counselor & Chief of Staff Cheryl Mills
Fax: (202) 647-2283
Dear Secretary Clinton:
It is with deep concern and urgency that we, the undersigned organizations and community groups with a focus on human rights, write to you regarding Mr. Naji Hamdan, a United States citizen, who is currently detained in the United Arab Emirates. For three months, Mr. Hamdan was detained incommunicado by U.A.E. State Security forces, during which time he was allegedly tortured and interrogated at length. He is now in a U.A.E. prison awaiting trial on terrorism charges, allegedly based on little more than confessions obtained under torture. Evidence clearly suggests that the United States government may be involved in his detention.
Mr. Hamdan lived in Southern California for more than 20 years before moving with his wife and three children to the U.A.E. in 2006 to pursue business opportunities there. He is a respected community leader within the American Muslim community.
In August 2008, Mr. Hamdan was arrested by U.A.E. security forces. They held him incommunicado and arbitrarily for three months without access to a lawyer; he was only once visited by a U.S. consular official. In November, one week after the American Civil Liberties Union (ACLU) filed a habeas corpus petition alleging that the United States government was responsible for Mr. Hamdan's detention, he was charged with terrorism-related offenses and transferred from incommunicado detention to the Al-Wathba state prison in Abu Dhabi.
Mr. Hamdan thereafter disclosed in a handwritten sworn statement to a U.S. consular official that he was severely tortured and forced to sign false confessions while in State Security custody.
The dubious nature of the case is amplified by evidence of U.S. involvement in his arrest and detention, and possible complicity in his torture. Mr. Hamdan was visited and monitored by the FBI in the United States for almost a decade, though no charges were ever brought against him. Approximately six weeks prior to Mr. Hamdan's arrest in the U.A.E., he agreed to meet with FBI agents who flew from Los Angeles to Abu Dhabi to question Mr. Hamdan at the U.S. Embassy there. Mr. Hamdan also reported that during his secret detention in State Security custody, he was interrogated by, what he believes to be, an American official, who was present during at least one of his torture sessions.
Mr. Hamdan's trial could be set to begin any day now, supported by forced confessions obtained under torture, and carrying a maximum life sentence with no chance of appeal, if convicted.
SEE: American Muslim's Case Poses a Test (Washington Post)
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/22/AR2009032201953.html
United States Code 22 Section 1732 provides:
Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war and not otherwise prohibited by law, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. 22 USC 1732.
It is without hesitation that we therefore request that the State Department use whatever diplomatic, political, and legal means available to immediately pursue the following course of action:
1) Commence a thorough investigation into the allegations of torture of Mr. Hamdan;
2) Commence a thorough and transparent investigation into the involvement of U.S. government representatives, including from the FBI, the CIA, military intelligence, and any other U.S. agencies, departments, or institutions in Mr. Hamdan's detention, torture, and ensuing prosecution;
3) Intervene on Mr. Hamdan's behalf and urge the U.A.E. government to ensure his safety, and halt any legal proceedings against Mr. Hamdan until the State Department's investigation is complete;
4) Guarantee that Mr. Hamdan receives due process and is not made to answer to charges in the U.A.E. based on forced confessions;
5) Meet with Mr. Hamdan's family and community groups to discuss a fair resolution to his case.
Please be informed that the office of Rep. Maxine Waters, Mr. Hamdan's Congressional representative, is aware of and is working on the case.
Mr. Hamdan, like every other American, has the right to the protection of his government from human rights abuses inflicted by any group or state entity. We cannot stress enough the urgency of Mr. Hamdan's situation and request that the State Department take immediate steps to restore Mr. Hamdan's basic human rights without delay.
We thank you for your attention to this matter, and eagerly await your reply. Please contact Ameena Qazi at (714) 776-1847 or aqazi@cair.com on our behalf.
Signatories:
Hussam Ayloush, Executive Director
Council on American-Islamic Relations, Greater Los Angeles Area
Ahmed Azam, MAS Los Angeles Chapter
Muslim American Society's MAS Freedom
Rev. Richard L. Killmer, Executive Director
National Religious Campaign Against Torture
James Lafferty, Executive Director
National Lawyers Guild, Los Angeles
Deborah Manning, Senior Legal Officer
Alkarama (Dignity) for Human Rights, Switzerland
Stephen Rohde, Chair
Interfaith Communities United for Justice & Peace
Shakeel Syed, Executive Director
Islamic Shura Council of Southern California
Dr. Idris Traina
President, Board of Directors
Islamic Center of Hawthorne
CC: U.S. State Department, Consular Affairs; Undersecretary for Political Affairs William J. Burns; Bureau of Near Eastern Affairs Secretary Jeffery Feltman; U.S. Congresswoman Maxine Waters; U.S. Ambassador to U.A.E. - Michele J. Sison; U.S. Chief Consul, Abu Dhabi - Sean Cooper; U.S. Consul General, Dubai - Paul Sutphin; U.A.E. Ambassador to U.S. - Yousef Al Otaiba