Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months. In January 2005, when American authorities transferred him to UK custody, after a brief interrogation British officials determined there were no grounds to charge Mubanga with any crimes, and he was released.

Mubanga's Guantanamo detainee ID number is 10007.^[1]

The Bush administration routinely describes the Guantanamo detainees as having been unlawful combatants, who were captured on the battlefield. Mubanga, however, was the victim of an extraordinary rendition from Zambia, without having an opportunity to challenge his capture or rendition.

Under the Royal Prerogative, the United Kingdom government has declined to issue a new passport to Mubanga and three other of the nine freed British Guantanamo detainees.

Combatant Status Review Tribunal

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

Mubanga chose to participate in his Combatant Status Review Tribunal.^[2]

Mubanga's opening statement

Mubanga's Personal Representative read a statement Mubanga had written, on his behalf:

''"Since having been picked up by the Zambian authorities on the instructions of the American government. I have been denied my rights physically and mentally. Intimidated and abused. From the time I was being questioned by the Zambian, Americans and British in Africa denied legal rights abducted and brought to Guantanamo Bay. Since arriving here the intimidation verbal abuse racial abuse has been forth coming. For the Americans most intensely on 31st July 2003 from the direction of a Spanish American MP and on 15 and 22 June 04 by American interrogators. Only now today 25/9/04 have I realized that I must over come my fears because I see now that the Americans will not and have not allowed me access to my real lawyers who are taking instructions from my sisters.

''"I see also that they will not allow me to have a fair trial and as such I see and know that the duress and mistreatment that I am incurring shall not stop until they (the American government) get the result they want.

''"I am, however, no longer afraid and no longer care or fear for the consequences and I feel somewhat strengthened by the fact that my sisters have got a jist of the truth and are not afraid to speak and have spoke. As such it gives me the strength to do what I know now is time to do. I retract everything I ever said from the time the Zambian authorities picked me up on orders from the Americans until now the 25-9-04. Because of the fact it was obtained from me by excessive duress."

Response to Tribunal questions

Mubanga declined to answer the first question posed to him by the Tribunal. He was told that answering questions was optional, and he was asked whether he would be answering any questions.

Mubanga replied that he was declining to answer because the Tribunal had declined to allow him the witnesses he felt would demonstrate his innocence, and questioned the credibility of the unsourced allegations against him.

The Tribunal's President then closed the unclassified session of his Tribunal, so it could reconvene in a classified session to consider the classified evidence, without Mubanga's presence.

Complaints against the USA

Mubanga has described being the subject of brutal and abusive treatment during his incarceration and interrogation while in US custody.

Mubanga was living with relatives, in Zambia, when he was arrested by Zambian Police, accompanied by US security officials. He was not charged with any crime in Zambia. He was transported out of Zambia without the USA requesting an official extradition. His transport was a classic instance of the USA's use of the controversial technique they call extraordinary rendition.

Mubanga describes being shackled so long he lost control of his bladder, and then being daubed with his own urine.

Mubanga says the most difficult part of his incarceration was being told that he was going to be transported back to the UK, only to be told that transfer was cancelled, and having his cell stripped of everything, including even his clothes and bedding, for a further incarceration of several more months.

Complaints against the UK

Mubanga says that when he was first arrested, in Zambia, he was interrogated by a British man who claimed he was an "MI6 official," and an American woman who told him she a "Defense official". They told him that his UK passport, which he had reported stolen, was found in an al Qaeda cave in Afghanistan. They invited him to be an undercover agent, to penetrate al Qaeda for them. When he declined, they shipped him to the controversial US prison at Guantanamo Bay.

With the help of UK lawyer Louise Christian Mubanga is attempting to sue the UK government for its cooperation with American security officials.

References

External links

• Guantanamo man 'suing government', BBC, February 6, 2005