Malawi: Another unlawful transfer to US custody?

News Release Issued by the International Secretariat of Amnesty International

USA/Malawi: Another unlawful transfer to US custody?

AI Index: AMR 51/092/2003 (Public)
25 June 2003

The reported secret transfer yesterday to US custody of five men arrested
in Malawi on suspicion of being members of al-Qa'ida heightens concern
about the United States of America's (US) attitude to the human rights of
people detained in the so-called "war on terror", Amnesty International
said today.

"Once again it seems that the US may have been involved in a transfer which
circumvents basic human rights protections and national law", the
organization emphasized. "Ironically, this alleged transfer took place on
the same day that the State Department released a report about how much the
US is doing to promote human rights worldwide".

The five men - said to be Turkish nationals Ibrahim Habaci and Arif Ulusam,
Fahad al Bahli from Saudi Arabia, Sudanese national Mahmud Sardar Issa, and
Kenyan national Khalifa Abdi Hassan - were arrested in Malawi last weekend.
They were held at an undisclosed location, while lawyers attempted to
prevent their rendition to US custody. The detained were not allowed access
to their lawyers.

The Blantyre High Court ordered that the men should not be deported but
should be brought before it by 19.30 local time yesterday. They never
appeared. The Court has ordered another hearing tomorrow, but there are
indications that the men were flown out of Malawi yesterday aboard a
chartered flight bound for Zimbabwe in the company of US and Malawian
officials. It is not known where the men are currently held.

"If true, this episode would be reminiscent of the unlawful transfer of six
Algerians from Bosnia-Herzegovina in January 2002", Amnesty International
continued. "Those men were subsequently spirited away to the US Naval Base
in Guantánamo Bay where they are believed to remain, held without charge or
trial, or access to the courts, legal counsel or relatives".

The representative in Bosnia-Herzegovina of the UN High Commissioner for
Human Rights described that case as one of "extrajudicial removal from
sovereign territory", and expressed concern about the involvement of both
the Bosnian and US governments.

"The US authorities must make public what they know about the whereabouts
of these five men", Amnesty International said, adding that assurances must
be given that the detainees will not be subjected to any form of torture or
ill-treatment during interrogation. "If they are in US custody, they should
be brought before a court as soon as possible to be able to challenge the
lawfulness of their detention".

If the men are suspected of crimes, they should be promptly charged,
provided legal counsel, and brought to trial within a reasonable time in
accordance with fair trial norms, without recourse to the death penalty, or
else released.

Earlier this week, the US Embassy in Malawi denied US involvement in the
arrests.

According to Malawi law, suspects should be brought to court within 48
hours of their arrest, or released on bail.

Background

In another development related to Guantánamo Bay, yesterday Amnesty
International received a letter from the Pentagon refusing the organization
access to the hundreds of foreign nationals detained in Guantánamo Bay. The
organization has made repeated requests since January 2002 for such access.
This was the first reply received.

The US State Department's report :"Supporting Human Rights and Democracy:
The U.S. Record 2002-2003" highlights US actions to promote human rights in
other countries. In the preface, Secretary of State Colin Powell writes
that the report "captures the tireless work of the U.S. Government to
promote democratic structures and respect for human rights.

All AI documents on USA:
http://amnesty-news.c.tclk.net/maabcAwaaYPdvbdxUCdb/

All AI documents on Malawi:
http://amnesty-news.c.tclk.net/maabcAwaaYPdwbdxUCdb/

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