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Jack Idema and TASK FORCE SABER personnel participated in numerous operations starting in October 2001. These operations included combat advisor and combat medic operations in OPERATION ANACONDA in March 2002, and humanitarian assistance and rescue operations during the 2002 Nahrin earthquake disaster and other similar crises. All of these activities were officially as part of, or attached to, the Northern Alliance Anti-Taliban Forces and the United Front.

During these operations Task Force Saber/7 personnel were repeatedly commended for their actions by U.S. forces such as Task Force 180, high-ranking members of both the Northern Alliance and the Afghan government, including numerous cabinet level Ministers, National Security Council members, Vice-President Kareem Khalili, and even President Karzai himself.

During November and December 2003, Counterr Group developed intelligence identifying al-Qaida threats to U.S. citizens and American diplomats. By February 2004 Counterr Group had identified two distinct terrorist cells. Once again, Counterr Group delivered significant actionable intelligence on al-Qaida terrorists to the U.S. DOD, DIA, CIA, NSA, and FBI. These exchanges and intel reports occurred on a regular basis between December 2003 and April 2004, prior to Task Force Saber/7 returning to Afghanistan. This Human Intelligence (HUMINT) included;

a) the location of Osama bin Laden,
b) the location and satellite phone numbers of Ayman al-Zawahiri,
c) information regarding al-Qaida operatives in both the United States and Afghanistan, including probable American targets, and
d) classified information on al-Qaida and other associated terrorist groups.

In 2004, they participated in, or independently conducted military operations known as OPERATION RUBICON, OPERATION MONK, OPERATION ROADRUNNER, OPERATION ACME, and assisted U.S. and NATO Forces in OPERATION ENDURING FREEDOM. Idema, Bennett and Caraballo were part of TASK FORCE SABER and TASK FORCE 7 implemented by Counterr Group between September 12, 2001 and July 2004. These two activities, hereafter referred to collectively as “Task Force Saber/7,” conducted military and humanitarian operations in support of the U.S. and Coalition War on Terror and ongoing efforts to continue the liberation of Afghanistan and permanently defeat the Taliban and al-Qaida terrorist forces waging a guerilla war and resurgence in Afghanistan.

In February and March 2004, the FBI, through their Washington, D.C. Headquarters and CT Watch Command (Counter-Terrorism Watch- a supposed clearing house for terrorist information), made concerted efforts to co-opt Counterr Group intelligence assets inside al-Qaida. Co-opting an asset refers to one agency attempting to seize total control and operational direction over another organization’s human intelligence source. Counterr Group resisted FBI efforts to co-opt their assets and refused to release their identities. However, Counterr Group continued to pass actionable intelligence to the DOD, DIA, and NSA. The FBI then sought to discredit Counterr Group’s assets and intelligence, and coerce Counterr Group officers and their families with a wide-range of threats.

Between April 2004 and July 2004, Task Force Saber/7 interdicted and captured numerous terrorists in Afghanistan. While some were turned over to U.S. military forces and Afghan Ministry of Defence forces, others were in custody and awaiting transfer to the U.S. military’s TASK FORCE 180 (JTF-180), the U.S. Defense Intelligence Agency, and other classified activities in Afghanistan. Task Force Saber/7 were working with and briefing the U.S. Department of Defense and the Afghan Ministry of Defense on a daily basis, sometimes an hourly basis. Furthermore, Afghan government employees, such as Lieutenant Rasuli, were always operating with Task Force Saber/7 twenty-four hours a day, as were 12 Afghans.

Task Force Saber/7 were also working on a regular basis with the International Security Assistance Force (ISAF), the Afghan Security Service (NDS), the National Police, the Corps Commanders of the Ministry of Defense (10 General Officers responsible for the corps commands throughout the country), commanders of the United Front Military Forces, various Ministries at the cabinet level, and even the Afghan Presidential Protective Detail was involved in the operation. These relationships had been ongoing for almost three years, as had the exiled Afghan government’s relationship with Counterr Group prior to the liberation of Afghanistan.

Counterr Group continued their work with the Pentagon and DIA. All of Counterr Group’s activities were done with the full knowledge and assistance of the Afghan MOD military forces, Afghan National Security Council, and coalition forces.

These captured terrorists were working with and/or for; Osama bin Laden, al-Qaida, Gulbideen Hekmatyar, Hezb-i-Islami, and the Taliban. Specifically, these terrorists had participated in, supported, and/or personally conducted terrorist bomb attacks against foreign and domestic persons in Afghanistan.

A prime target of these terrorists was U.S. military forces at Bagram Airbase north of Kabul in Afghanistan. In fact, the American FBI later confirmed Task Force Saber/7’s intelligence reports that several of the terrorists were going to drive fuel trucks into Bagram and explode them into U.S. military barracks in a terrorist bomb attack similar to the bombing of the U.S. Marine Barracks in Beirut in 1983 in which 244 U.S. Marines were killed. Using a rare incendiary explosive to detonate fuel tanks on the gas trucks entering Bagram daily, and taxis, the terrorists expected to kill more than 500 American soldiers, two ministers, and two ambassadors in at least five separate coordinated attacks. These same terrorists had already made at least one attempt on the Defence Minister, and two failed attempts on the 3rd Corps commander, General Attiquallah Lodeen, a close friend and trusted ally of the United States and a candidate for Parliament.

Furthermore, several of the captured terrorists were directly involved in the killing of Canadian Lance Corporal Jamie Murphy on January 27, 2004 in Kabul, the killing and wounding of election and aid workers in Nangahar and other provinces in Afghanistan, the attack of NATO ISAF forces in Kabul, and were currently planning and coordinating the assassinations of several of Karzai’s key political opponents in the Jamiat Party, including his Minister of Defense, Minister of Education, several Corps Commanders (former Northern Alliance Generals), and at least two Afghan Ambassadors (in Delhi and London) who supported the U.S. War on Terror. The Minister of Education, Yunis Qanooni, was the lead opponent to Karzai in Afghanistan’s new election under the Bonn Agreement, and was a prime target of the terrorists, along with Marshall Fahim, the Minister of Defence, and General Rashid Dostum.

All of the terrorists had been arrested by Task Force Saber/7 with either actual explosives, detonators, bomb parts, and/or bomb plans in their possession, as well as documents and correspondence proving their links and association with the Taliban, Hezb-i-Islami, and al-Qaida, including handwritten maps and diagrams of a past bomb attack on General Lodeen, a Shabnama[9] “night letter” calling for a jihad against Americans authored by none other than Mullah Omar himself, and in the case of a terrorist named Ghulamsaki a coded Red Cross letter from his brother (Mohammed Asef), an al-Qaida detainee in Cuba. Additionally, one of the terrorist’s taxis tested positive for explosives by German ISAF bomb teams. The physical evidence against the terrorists was irrefutable, conclusive, and backed-up by incriminating videotaped statements, undercover surveillance, informants, and extraordinary physical evidence.

The videotaped interviews show Idema questioning his detainees in a calm manner, while the detainee drinks miranda soda. It must be stressed that there is and never was any evidence of torture of the men who were detained by Task Force Sabre/7.

Jack himself said in his 2004 Press Statement that the press never released:

We kept them awake with 24 hours of non-stop questioning, played loud Rock and Roll music and offered to let them work for us if they would turn over on the others. All that we questioned turned on each other. When one didn’t, we did not beat him, we simple confronted him with two that were cooperating and he quickly decided to join the same team.

Once they told us a little we gave them non-stop Miranda soda and restaurant kabob and promises of a new job working against terrorism.

The soldiers in Iraq that claim their abuse of prisoners was ordered by MI (Military Intelligence) are liars. You only have a few days at most to get actionable intelligence. Let a terrorist sit in a cell and you lose the initiative to find the others. Beat the terrorists and he admits to anything or nothing. Again you lose. Humiliate the terrorist and he hates you and feeds you lies.

Your only way to get the terrorists to talk is sleep deprivation, promises for freedom if he gives up the other terrorists, and convincing the terrorist you are his friend.

On July 5th, 2004, the Jack Idema, Brent Bennett, Ed Caraballo and Afghans including Zorro and Ezmerai, were arrested by forces under the control the FBI, and with the assistance of Karzai forces in opposition to the former Northern Alliance and the interim government’s Ministry of Defense. This was orchestrated by Taliban and Hezb-i-Islami forces loyal to Mullah Omar and Gulbideen Hekmatyar, with the knowledge and approval of then Interim President Hamid Karzai. The purpose of this was to prevent a high level Hezb-i-Islami terrorist (Sidiq) from being transferred to permanent U.S. military custody and exposing the depth and breadth of the high level plot. In return, Karzai would receive full support and votes from Hekmatyar controlled areas such as the Konar Province (he later did).

In spite of press reports to the contrary, their arrest was peaceful and without active employment of arms. Each of member of Task Force Sabre/7 and the attached Afghans were arrested and told they were not being arrested, and only that the “commander” (Idema) was being requested directly by President Karzai to meet “informally with the American FBI.” Caraballo recorded the activities on tape. In fact, he specifically asked if anyone was being arrested and was told, “don’t even talk that way, of course not. The FBI just wants to have a meeting with you” (Un-named Agent 1). The Task Force Saber/7 combatants were told to leave their assault weapons by their commander, Idema, taking only pistols.

Upon arriving at NDS for “the meeting,” the combatant members of Task Force Saber/7 were surrounded and forced to surrender,[10] then handcuffed in the courtyard, as were the non-combatants, and the journalist, Ed Caraballo. Five other Task Force Saber/7 combatants, all commissioned officers in the Ministry of Defence, had avoided detainment, as did seven other Afghan personnel not present that day.

Shortly after their arrest, they were subjected to varying degrees of torture and interrogation, apparently determined by rank. Jack Idema was repeatedly beaten by, and in the presence of- Amrullah at NDS Headquarters, as was Lieutenant Rasuli. A palace official was personally aware of and authorizing, at a minimum, Idema’s initial torture at NDS Headquarters by Amrullah, with FBI agents in close proximity and directing the interrogation.

During the following days and nights Idema was tortured with boiling water, starvation, threats of death, and assault with various implements (such as wire cables and rubber whips), resulting in broken ribs, a separated sternum, torn rotator cuffs, hemorrhaged eyes, multiple concussions, lacerations, contusions, and bruises. Although the U.S. Embassy later had medical reports indicating the extent of the torture, Sandra Ingram, Assistant U.S. Consul DOS Kabul, ordered the reports rewritten to tone down the extent of the injuries. During the torture Idema was restrained by Taliban iron leg bars and American Handcuff Company restraints (Serial Number # 177709) supplied by the U.S. Department of Justice. Further, reportedly FBI personnel were well aware of the ongoing torture and did nothing to intercede or stop it, and actually encouraged it.

Major Ezmerai was beaten, threatened with death, and repeatedly electrocuted during interrogation. Lieutenant Rasuli was repeatedly beaten until bleeding and semi-conscious. Sahibi, a young non-combatant, was initially beaten just after the arrest until Idema interceded. Another non-combatant, Ahmadi, was threatened with death, as were Bennett and Caraballo who were not originally tortured during the initial interrogation phase because NDS thought they were both journalists.

Karzai, Amrullah, Dawari, Mudafea, the ten FBI Agents, and others, both known and unknown, either knew about, authorized, and/or personally (such as Amrullah and Mudafea) conducted interrogations and violent torture on a repeated basis. Based on conversations with FBI Agents, Robert Mueller was personally informed of this ongoing torture by the two un-named FBI agents. Task Force Sabre/7’s screams during the torture sessions could be heard throughout NDS Headquarters and into the streets of Kabul night after night. Although Mueller and Khalilzad were aware of the ongoing torture, neither of them acted in any way to stop the torture of these men during this time. More than a month later the beatings of Idema stopped because it was feared the marks would be shown in Court, and to the press.

Subsequent torture after the “interrogation phase” included beatings, 24 hour a day restraints, falaqua,[11] whipping, threats of execution, attempted rape, beatings with sticks[12] even while Task Force Sabre/7 were using bathrooms or naked taking baths (time between baths could be anywhere between 20 and 30 days– Bennett was only allowed one bath a month, while Muslim al-Qaida and Taliban prisoners were allowed baths two or three times per week), threats with knives to cut off eyes, noses, and lips for refusal to pray and accept the Muslim religion (“convert” for the American Petitioners), and even the use of scorpions on strings as a form of torture. This particular “torture art form” was referred to as “DaancÈ hamrai Gazhdoom” – Dance with the Scorpion.

In most instances threats and torture were used to extract confessions or false information, or statements against members of Task Force Saber/7, was occasionally for enjoyment, and often later in the case of Idema, Bennett, and Caraballo, to coerce them into praying to Allah. Much of this torture was conducted by “former” Taliban officials and/or “former” Taliban members employed by NDS and at the direct orders of Amrullah, Dawari, Mudafea, and/or other deputies and officials under President Karzai, including the FBI, and with the knowledge of Director Mueller.

The general conditions at the NDS facility were exceptionally brutal. Amrullah’s personal house of horrors, funded by U.S. tax dollars was at the beck and call of President Karzai and the FBI exclusively. U.S. military and CIA forces were rarely, if ever, allowed entry, and then only on a highly restricted basis and to an extremely limited area– one room for meetings. This was the FBI’s exclusive club and private Abu Ghraib. Director Mueller, and his agents, used, and still use, the NDS Saderat facility to engage in the rendering of terror suspects and American citizens in order to employ illegal aggressive interrogation techniques—such as electrocution, stick beatings, boiling water, and illegal drug use.

At the direction of Amrullah, and other employees of Director Mueller, Condoleeza Rice and Ambassador Khalizad, torture at NDS still continues on a daily basis. Some prisoners are placed in special solitary cells to recover from signs of torture. Some are brought milk and olive oil daily by the prosecutors to speed their recovery and heal bruises when outside or family inquiries are made as to their whereabouts. One example of this is Haji Daoud Zalmia from Maidanshar, one of Task Force Sabre 7’s cellmates who barely survived Amrullah’s bloody torture sessions. Other prisoners, with gruesome cigarette burn scars or electrical burns are threatened with execution if they show their injuries to the Red Cross. Major Ezmerai was threatened with death and the arrest of his family if he showed his electrical burns during Petitioners’ court appearances because there were dozens of reporters and cameramen present. Others are threatened with execution if they show their injuries (cigarette burns, bruises, lacerations, electrical burns, etc.) to Red Cross visitors. Recently, after the Red Cross was finally allowed monthly visits severely tortured prisoners would be transferred back to the secret NDS basement torture chamber in another building just prior to a Red Cross visit.[13] Prisoners who die as the result of torture are secretly removed at night under cover of darkness by placing their bodies in the back of Amrullah’s Land Cruisers and taking them to an undisclosed location “for disposal.”

The three Americans (Idema, Caraballo and Bennett) were eventually charged with various crimes under Afghan law, to include secretly entering the country illegally and with false Indian passports, running a private and/or illegal jail, and torture. It should be noted that;

a) the three Americans held valid U.S. passports, entered the country legally, have never had Indian passports, and were issued visas at the written request of the Department of Defense;

b) they maintained a “safe house” for transfer of captured terrorists with full knowledge of Afghan and U.S. government officials; and,

c) ironically, they were falsely accused of using the very same torture tactics that NDS had in fact used on Idema, Bennett and Carabllo and continues to use on most persons in NDS custody. In other words, the NDS, acting on behalf of the FBI, used their own experience with torture and coercion tactics to draft their false accusations against them.

During the first 12 weeks of NDS torture and custody, Idema and his men were separated from all contact with each other, fed just enough rice and bread to survive, and interrogated and on a regular basis. They were kept in 7’x 9’ cells where they lived with an average of six or more al-Qaida and/or Taliban terrorists in their cells. They were forced to sit or lay on a concrete floor under 24 hour lights to ensure sleep deprivation as a form of punishment and torture, not interrogation. The non-Muslim Americans were not allowed to have mattresses or visits. In the case of Lieutenant Rasuli, because he was Idema’s interpreter, he was kept in leg chains and leg bars 24 hours a day, 7 days a week.

U.S. Embassy Consular Officer Sandra Ingram[14] was keenly aware of this treatment, and had personal knowledge of the ongoing torture having eye witnessed Idema’s hemorrhaged eyes, facial lacerations, burns, and bruises. However, in spite of that evidence, and Ingram’s observation that Americans were losing considerable weight weekly and exhibiting increasingly evident physical deterioration and injuries, Ingram took the public position that the prisoners were “doing fine,” were “well-treated,” and were in “good shape,” even announcing this to their families and the press.

Furthermore, although Caraballo notified Ingram that he was being threatened daily, including being “set on fire” in his sleep, Ingram did nothing. Ingram refused to provide food to the prisoners in spite of a State Department circular[15] stating the US Consul would provide food and water to supplements. Additionally, Caraballo implored Ingram to request NDS remove him from an al-Qaida cell to one with another American, and begged Ingram for medical attention for his injured feet. Ingram waited for more than a week before sending a doctor, later forcing his family to pay for the visits. Further, Ingram refused to provide even aspirin, forcing all Petitioners to hire a doctor to prescribe aspirin, even though their money had been confiscated by the NDS.

Idema, as commander of the group, and in accordance with the Geneva Conventions of 1949, asserted Prisoner of War status for all seven individuals to Ingram on or about July 11, 2004. Ingram not only refused to acknowledge Idema’s assertion, she refused to pass their request on to the appropriate authorities, and refused to provide them with a copy of the Geneva Conventions as required by law. Idema also asserted their POW status and right to protection to NDS, the FBI, and various Karzai officials. During a subsequent visit by Ingram, Idema put his request in writing and demanded she make an entry in her Embassy notebook (Ingram refused to sign a receipt for Idema’s POW protected status request). Further, Ingram refused to forward this request to the Red Cross,[16] stating her DOS bosses “ordered” her not to.

On or about this time, NDS, acting with agents of the FBI, and possibly Ingram herself, removed Bennett’s and Idema’s dog tags, removed their Geneva Convention Identity Cards, and removed Idema and Bennett’s U.S. passports. The FBI also removed crucial exculpatory evidence from NDS headquarters; including approximately 50 rolls of 35mm film, 200 videotapes, and 500 documents, many of which were official documents which were evidence of actual innocence. Although the FBI later returned some videotapes in August 2004, it was during the trial and much too late for the defense to adequately examine and use. Furthermore, much of the evidence originally in NDS custody, and then taken by the FBI, was never returned and was missing. Specifically, any documents or evidence linking Idema and his men to the U.S. government and Afghan government were destroyed, or, in the case of videos, erased. As one example, a taped conversation between a high-ranking Pentagon civilian[17] official, Heather Anderson, was completely erased from the tapes. Another example is the actual arrest tape, which showed covert FBI agents and contained the entire exchange between an FBI agent, stating the FBI simply wanted a meeting, and that the Afghan government was NOT involved and had NO problems with the group.

As of the final trial and conviction date of September 15, 2004, no understandable, or English version of the criminal charges against the American prisoners, or any translated indictment, was ever given to them as required by Afghan and International Law, and as required under the Geneva Conventions. Still, numerous hearings (closed-door sessions were held when bruises or abrasions were noticeable their faces) and trials were held with no regard for international law. All of the hearings and “trials” extensively violated the International Covenant on Civil and Political Rights (Article 14); the Geneva Conventions (Articles 71, 72, et seq.), the Afghan Interim Government Criminal Code (Violations of Articles 4(1), 5(4), 5(5), 5(6), 5(7), 15, 16, 18, 19, 20, 23(3), 31(1), 32(3), 38, 39(6), 43, 49, 50, 51, 52, 53, 55, and 58), and the Geneva Convention on Human Rights, all of which were legally adopted by the government of Afghanistan and to which Hamid Karzai, the State Department, the FBI and Khalizad were legally bound. Furthermore, the arrest and prosecution of these three Americans violated the 2001 “Letter of Agreement.”

The State Department, the FBI and Ambassador Khalizad were bound by these prior agreements and although they deny Idema, Caraballo and Bennett the right to POW status, the incarcerated Americans are POWs under the 1949 Geneva Conventions considering the facts of the case;

A) Task Force Sabre/7 are Combatant Prisoners of War under the following circumstances and criteria; [18]
1) each were employed by the Counter-Terrorist Group,
2) each carried their arms openly,
3) each was responsible and subordinate to a commander,
4) the team operated in Afghanistan between October 2001 and July 2004, and was part of the liberation forces during the start of hostilities,
5) each man wore a distinctive uniform and recognizable insignia,
6) each man operated according to the laws and customs of war and abided by the Geneva Conventions,
7) each man carried a Geneva Convention Identity Card with name, rank, duty position, identity number, and organization name.

B) Caraballo is a Non-Combatant Prisoner of War (War Correspondent) under the following circumstances and criteria;
1) Caraballo was formally attached to the unit,
2) Caraballo never carried arms or participated in military operations other than as an observer,
3) Caraballo carried a Geneva Convention Identity Card identifying him as an embedded journalist,
4) Caraballo carried U.S. Press Credentials,
5) Caraballo is a well known journalist having worked for CBS, NBC, ABC, CNN, HBO, BBC, UPN, and other network news programs,
6) Caraballo’s journalist standing is indisputable as Caraballo has been awarded FOUR Emmy Awards for his news reporting.

C) Sahibi and Ahmadi [19] were Non-Combatant Prisoners of War under the following circumstances and criteria;
1) they were non-combatants employed by the Counter-Terrorist Group,
2) they never wore a uniform or carried any weapon,
3) they never participated in or engaged in, or were present for, any military or counter-terrorist or other type of operation,
4) they were engaged solely as administrative/house staff at one of Counterr Group’s compounds in Afghanistan,
5) they were subordinate to the Task Force commander,
6) they carried Geneva Convention Non-Combatant Identity cards.

Nor were these Americans “mercenaries” or “vigilantes” by the legal definition, Geneva Convention definition, or under any other definition, in that, in spite of the U.S. government and Afghan government disavowing them, they;

a) were not, and have never been, paid by a foreign power or nation,
b) never swore loyalty to any foreign power,
c) were serving commissioned officers in the United Front Military Forces (the combatants) and/or Afghan Ministry of Defence (Afghan combatants including the John Doe Afghan combatants), and,
d) Taliban Judge Abdul Baset Bakhtyari announced during the verdict in their criminal trial that they were part of and working for the “Resistance Forces.”

DOS, FBI Ambassador Khalizad and Hamid Karzai apparently now categorize Commander Massoud’s United Front Military Forces as illegal and/or unrecognized and in opposition to the Karzai government and the United States government in spite of the fact that the Northern Alliance was the primary ally of the United States during the 2001-2004 war. These factors absolutely guarantee Geneva Convention POW STATUS. Further, DOS, FBI and Khalizad have also ignored the fact that Massoud’s Northern Alliance was part of the 2001 Bonn Conference, and were made part of the Interim government, which did not change until December 2004.

The American DOS, Ambassador Khalizad and FBI refuse to acknowledge their POW status and the agreements and treaties entered into. Further, the U.S. State Department attempted to avoid the situation by refusing to provide the Americans with copies of the Combatant Geneva Convention, failing to file official protests to the torture outlined, withholding medical reports on the effects of the torture, and conspiring to conceal evidence of their torture, including directing a doctor to “modify” medical reports by rewriting them and watering down the extent of the injuries. Additionally, the U.S. State Department directed Ingram, and others, including FBI agents (Un-named Agents 6-7), to secretly meet with Bakhtyari for the purpose of orchestrating several of the events outline here. As one specific example, Ingram met with Bakhtyari on August 12, 2004 and, on behalf of her boss Ambassador Khalilzad, requested Bakhtyari find the three Americans guilty in their criminal trial and “impose the harshest sentence possible.”[20]

Ingram, and/or Richard Christensen[21] also requested Bakhtyari limit the introduction of evidence which Khalilzad perceived harmful to U.S. interests and policy and “bury [Idema, Caraballo and Bennett] as deep as possible for as long as possible,” to avoid harm to U.S./Afghan relations (specifically, relations with the Pashtun population, which Karzai needed to win the election). The Department of State and Department of Justice (apparently) wanted to avoid the disclosure of information and evidence of al-Qaida plans for specific attacks in the U.S. and Afghan terrorist plans to kill U.S. allies and U.S. soldiers prior to the October 2004 election. And, equally important was the State Department’s goal of preventing the disclosures that a high-ranking member of the Karzai government was not only a terrorist who had spent ten years in prison for terror-related crimes (Sidiq), but was a chief deputy for Gulbideen Hekmatyar (on the U.S. Most Wanted Terrorist List), and was supervising terror attacks against U.S. citizens and Coalition Forces.

This intelligence and information had been developed by the Counter-Terrorist Group and was evidence of instability and threats the U.S. Department of Justice, Department of State, Karzai, and specifically the DOS, DOA, FBI, etc., did not want disclosed prior to the Afghan and American elections.

Violations of the various Geneva Conventions governing Idema, Caraballo and Bennett include, but are not limited to;

a) denial of a fair trial (violations of Articles #3, 71, and 72),
b) torture (violations of Articles #27, 32, 147),
c) theft of personal property and looting (violations of Articles #53 and 97),
d) confiscation of all identity documents issued by the U.S. government and removal of Geneva Convention Identity Cards (violations of Articles #53 and 97),
e) inhumane living conditions (during NDS custody: violations of Articles #55, 76, 98, 116, 124, 125, 127), and
f) various other acts such as violations of Articles #72, 106, 107, 110, 118, 144, and others.

The most egregious trial violations of the Interim Criminal Code for Courts, and the other treaties and agreements included;

a) refusing to appoint interpreters for Idema, Bennett, and Caraballo,
b) refusing to appoint counsel for Bennett and competent counsel for the Afghan nationals/Petitioners,
c) refusing to swear government witnesses under oath (only one witness testified under oath– Idema, who refused to testify unless sworn in),
d) refusing to allow cross-examination of government witnesses,
e) withholding and destroying exculpatory evidence (by the American government),
f) announcing a verdict before the trial even began,
g) obtaining statements by torture and threats of execution,
h) refusing to allow defense witnesses to be called or compelled to appear, and,
i) refusing to allow the defense to read their defense statement (Caraballo’s counsel was threatened with arrest by Bakhtyari if he attempted to read past the first paragraph of the defense statement).

What is critically important here is that the deprivations of rights were brought about by the direct actions of the American government. It was at the American government’s directive that these due process violations occurred.

In exchange for their false and fabricated statements against Task Force Saber/7, the terrorists were released at the direct orders of the Department of State, the FBI and Ambassador Khalizad, and evidence of their terrorist acts and terrorist group links, was either returned to them or destroyed by Amrullah or his agents acting on the orders of Karzai and others, both known and unknown, to conceal the terrorists’ acts, plans, and links. These acts by the American government had the collateral effect of knowingly supporting terrorism.

On or about August 18, 2004, Sandra Ingram finally delivered a copy of a Geneva Convention to Idema, unfortunately it was the treaty relating to civilians and shipwrecked persons. When Task Force Saber/7 repeated to Ingram that they needed the Combatant Conventions and were again asserting their protected status, Ingram stated she had not been authorized to give the accused a copy of the proper convention (a violation of the Geneva Conventions in itself). Ingram then told them that the U.S. Department of Justice had made a determination that they were not entitled to protection, or a fair trial, or even food supplements, and she was “ordered” not to give them a copy of the Combatant Geneva Conventions. By this time several of them had already lost considerable weight due to lack of food (They were required to buy their food at the NDS Prison and NDS had confiscated their money), and were deteriorating both physically and emotionally, especially in case of Caraballo, who had his medicine confiscated and destroyed. She also refused to provide Idema with, or return, life-critical drugs issued to him by the United States government, because they were in U.S. government packaging.

In August 2004 a car bomb killed American and foreign DYNCORP employees in Kabul. The terrorist attack was the same modis operandi of the terrorists captured by Task Force Saber/7 and released at the request of Respondents and/or the Afghan officials named previously. One terrorist, Ghulamsaki, has a brother (Mohammad Asef, an al-Qaida operative) in detention at the Guantanamo Bay terrorist confinement facility (GITMO). Ghulamsaki also has a brother-in-law who is Osama bin Laden’s Chief of Security (known as “Daoud”). Ghulamsaki had been unsuccessfully sought by the FBI for months. Task Force Saber/7 captured Ghulamsaki, and the FBI later interrogated him with Idema acting as the primary interrogator. Ghulamsaki described his group’s terrorist plans to attack Bagram Airbase and kill U.S. soldiers with explosive laden fuel trucks. The FBI Field Agents determined and concluded that Ghulamsaki was in fact a terrorist working with others terrorists captured by Task Force Saber/7, to murder U.S. citizens. After the State Department, FBI and Khalizad arranged the release of Ghulamsaki the DYNCORP bombing occurred. Intelligence assets for Counterr Group learned shortly thereafter that Ghulamsaki and his brother-in-law had conducted the DYNCORP bombing in Kabul. The FBI has since classified the FBI “302 Field Reports” relating to the interrogation and confession of Ghulamsaki taken by Idema and U.S. government agents. This was the intentional withholding of exculpatory evidence which Idema and his men required and had a right to.

By September 15, 2004, the hearings were over and the trial was convened.[22] The entire trial took less than three hours. No evidence was, or has ever been, presented against Idema and his men to this date. No testimony,[23] no physical evidence, no scientific evidence, no evidence of any kind, only statements by the “former” Taliban prosecutor, Dawari, who heavily relied on newspaper articles as his “physical” evidence. The three Americans were not allowed to call witnesses, and one of their attorneys was ordered to stop reading the defense statement after finishing the first paragraph of a 20+ page defense statement. Caraballo’s attorney was threatened with arrest by Bakhtyari during a recess if he tried to continue his defense. During attempts to provide testimony, play defense videotapes, and submit evidentiary documents, Task Force Saber/7’s attorneys were ordered to stop by Bakhtyari, Dawari, and as a result of directives by Fatah and unnamed agents of the Afghan government, and the FBI.[24] Without allowing a closing statement, and without any counsel for Bennett[25] and the foreign nationals on trial,[26] the court then concluded the trial, left the room for approximately five minutes and returned to read a lengthy pre-written verdict finding all three Americans guilty and sentencing the Afghans to one to five years, and the Americans from eight (Caraballo) to ten years (Idema and Bennett), with anyone who claimed POW combatant status receiving higher sentences.

In spite of this, the US State Department, and Ambassador Khalilzad, issued statements that the trial was fair, and had been conducted in accordance with Afghan law and international standards. However, the US State Department, the FBI and Ambassador Khalizad intentionally withheld their explicit knowledge that Bakhtyari and Dawari were former Taliban officials and the fact that they had orchestrated the convictions of these men.

On September 16, 2004, Idema, Caraballo and Bennett (along with four Afghans) were transferred to Pulacharke Prison due to intervention by the Northern Alliance and the Minister of Justice, who removed the seven men from NDS custody and into a Ministry of Justice controlled facility under their direct control and outside the physical custody of the FBI. Since the Minister of Justice interceded all torture has ceased, and Ministry of Justice general officers have gone to extraordinary efforts to exceed Geneva Convention requirements regarding treatment. Although these men are still at grave risk– they were taken back into NDS custody in October and subjected to threats and abuse once more, but Northern Alliance Ministry of Justice personnel forcibly removed them from NDS custody again.

Over the past six months, Iraqi, Pakistani, and Saudi al-Qaida terrorists have tried to assassinate the three Americans and conspired to attack the Afghan Counter-Terrorist Group officers on at least seven different occasions. Each time the terrorists were interdicted and stopped by Northern Alliance officers at Pulacharke Prison. Although they are now being extremely well-treated by the Minister of Justice, they remain POWs and political prisoners[27] held at the direction of Hamid Karzai specifically acting under the orders of American government agents without having been afforded even a scintilla of due process.

In fact, the Ministry of Justice, an official branch of the Afghan government, recognizes these men as POWs, as evidenced by their current living quarters which result from Geneva Conventions protections requiring accommodations commensurate with rank as required by Articles 25, 44, 45, 76, and 89 of the Geneva Conventions. As such, Jack and his TASK FORCE SABER 7 men have been placed in General Officer accommodations which are reserved for commander level officers in custody.

On October 8th, 2004, Counterr Group intelligence assets were responsible for assisting security forces in seizing fuel trucks packed with explosives in Southern Afghanistan. Those Counterr Group assets and the other unnamed Counter-Terrorist Group officers continue to remain covert by necessity for their protection. Counterr Group personnel have also identified two other bombings prior to their detonation, one of which was in Jalalabad. The terrorists responsible for all of these bombings remain at large, and under the protection of Sidiq and other parties named as officials of the Afghan government and agents of the FBI.

Finally, in November 2004, the Second Court of the Afghan Supreme Court, also called the Court of Appeals, heard preliminary evidence in the criminal case against these Americans. In spite of the fact that the Court of Appeals has been extremely considerate of them, and in spite of the fact that each of three judges privately expressed their belief that all of the they were innocent of all charges, they have been unable to administer due process and justice because of

“pressure from the palace, the US Ambassador, and the American FBI.”

Although the court stated they were unable to immediately release Idema and his men because of palace orders coming from the FBI and State Department, the Appeals court did overturn the convictions of all of these men and order a trial de novo.

Furthermore, on or about November 24, just days before the second trial de novo began; the FBI seized all of the exculpatory evidence in the case again, and physically removed it from the Court of Appeals evidence room, without the knowledge of the Appeals Court judges. This was an intentional interference with a judicial process and intended to prevent Idema from presenting a defense. This evidence tampering was done with the complicity and assistance of the United States DOS.

Between November 20th and 30th 2004, Ezmerai, Ahmadi, Idema, and other confidential witnesses all testified in a closed hearing in the Appellate Division of the Supreme Court of Afghanistan (to keep it away from the press). They provided testimony about the charges, and their treatment at NDS prison during the summer of 2004. Their statements were horrifying. That sworn testimony revealed; that Major Ezmerai still had the NDS torture induced electrical burns on his body five months later, but even after nights of torture he refused to sign a statement against Idema or the others; that Ahmadi had been beaten and threatened into signing a statement against Jack Idema, but when beatings and threats failed, Ahmadi was given three blue Valium tablets (Diazepam 10mg each) in order to drug him into a condition whereby NDS agents (including Mudafea, and agents of the FBI) could stamp his thumbprint on a statement they wrote for him (Ahmadi is illiterate as is much of Afghanistan). Ahmadi testified that the next morning he woke up and thought it was a dream until he looked down and was terrified to see the purple ink on his thumb which was used to sign his fabricated and false statement.[28] Idema testified that NDS agents tortured him repeatedly and tried to force him to sign a statement in Dari, which they would not allow him to read. American FBI agents were sending messages into the interrogation room. Idema was threatened with hanging and continued torture unless he signed the statement. He never did.

It was recently discovered that Bakhtyari has been and is involved in a wide range of illegal civil and criminal acts. Although the FBI and Department DOS directed the Court, and specifically Taliban Judge Bakhtyari not to allow them access to ANY court files or prosecution evidence, thereby denying all due process to the accused, the FBI had unlimited access to the files and evidence. Further, during the course of the trial Bakhtyari actually sold their copyright protected photographs, and evidence file to journalists, even though they and their attorneys were NEVER allowed access to any of the court files, which contained statements, confiscated documents and photographs, many of which were of an exculpatory nature. Although the American DOS, Director Mueller and Ambassador Khalizad had ordered Bakhtyari not to allow the Idema and his men access to the files, Bakhtyari and Dawari repeatedly allowed western journalists to access the files, often for a cash fee.

On December 1, 2004, the Court of Appeals of the Islamic Transitional Government of Afghanistan conducted another closed hearing in the case (again to keep it away from media scrutiny). A new trial de novo was granted, as was a bifurcated trial allowing the charges against the Afghans to be heard first, and then the issue of the Americans illegally entering the country on forged Indian passports. By the end of the hearing, the Afghan Court of Appeals had declared all four Afghans innocent of all charges and three of Idema’s men were ordered released immediately by the Appeals Court after hearing evidence from Afghan government police officers and learning that the FBI was present during torture sessions and illegally seized Petitioners’ evidence in the case for the second time.

Caraballo’s first lawyer, Michael Skibbie, was the first to publicly accuse the FBI of taking evidence during the initial series of hearings in July and August 2004. The defense’s claims were later proven true when the FBI, under orders from the Afghan Ministry of Justice, returned hundreds of documents and videotapes in the middle of an August trial. However, much of that evidence remained missing.

The Court summoned members of the NDS to chambers and inquired about the evidence. It was then disclosed that agents of the FBI had again removed all of the video, photographic, and audio evidence, including the team’s computers which the men would need to defend themselves, without notifying the Court. This was the second time the FBI interfered in their defense by taking and destroying evidence.

The Appeal Court’s inquiry disclosed that the FBI had again taken the evidence just six days prior to the December 1st hearing. Without the evidence Idema and his men were unable to mount an adequate defense. This was an intentional interference with due process and obstruction of justice through the destruction of exculpatory evidence by the FBI which has no jurisdiction in the case.

Ministry of Justice police official Mohammed Saboor testified that he witnessed members of President Karzai’s Protective Detail and Ministry of Defense personnel present at the arrests of terrorists and Idema coordinating with the Presidential Palace. He also testified that Idema’s treatment of suspected persons, women, children, and prisoners was exemplary and in full conformance with Islamic law. This was corroborated by video showing female Afghan National Police Detectives present during Idema’s searches and raids.

Members of Idema’s team, including Major Ezmerai Amin, a commissioned officer in the Afghan Ministry of Defence were ordered released, as was Sohail Sahabi, a translator, and Sherzai Ahmadi, a house worker. Lieutenant Rasuli, who is a Ministry of Defence employee, refused to be released without Idema and the rest of the team, requesting the judges allow him to stay in prison with the Jack Idema and the two other Americans until the trials were completed. Rasuli told the judges, “In this group there is only one main point I have learned above all else, leave no man behind. I request to stay.” The judges granted his request.

Reviewing videotape of the three Americans entering Kabul and being greeted by a contingent of high-ranking Afghan authorities, including the Commander of the Border Police, the Airport Manager, and even one of President Karzai’s brothers, the Court saw three US passports being handed to Afghan government officials, customs forms being filled out, and National Police officers loading the American’s bags, which consisted of approximately eight “Pelican Cases,” three communications cases, six military equipment cases, and four gear bags, on a special trolley and through customs, where they were cleared by the Chief of Customs. The Court of Appeals ruled that the entry into Afghanistan had been legal and the charge was dismissed. The Court agreed to hear the other charges in a separate hearing scheduled for a future date.

On December 17, 2004, eight al-Qaida terrorists implemented an assassination plot and attack on the Idema, Caraballo & Bennett at Pulacharke. One of their motives was to collect a $250,000 reward Osama bin Laden had placed on Idema. Bokan, the Iraqi leader of the Pulacharke al-Qaida group had previously tried to kill Marshall Mohammed Fahim, the Minister of Defense—one of the Ministers whose life Idema and his men had saved. Bokan, the Iraqi terrorist, had told the others that his only goal was to kill Idema and members of Task Force Saber/7 and then they could attempt an escape. Four Ministry of Justice officers were killed that day; two executed in front of Task Force Saber/7. Four others were wounded, three severely. The members of Task Force Saber/7 held off more than 100 terrorists, who had been freed by Bokan, with a barricade in level two of the prison block. Former Northern Alliance commanders and bodyguards arrived after being covertly alerted by Idema and killed all but one[29] of the remaining terrorist conspirators. The standoff lasted more than eight hours. The terrorists came very close to killing them all.

Approximately 40 days later, the Appeals Court met again, and repeated that all members of Task Force Saber/7 were “completely innocent,” but that they could not be released because of pressure and coercion by the U.S. Embassy and FBI. Further, the Appeals Court cleared them of all torture charges after hearing covertly recorded statements of the alleged “victims” and seeing evidence linking the “victims” to terrorist leaders and terror plots.

The Court also informed Idema and his men that US officials, namely Russel Brown, US Consul, acting on behalf of the American DOS, FBI and Ambassador Khalizad, provided false information to the Court, by stating that official US government documents, including a letter from a US Ambassador and Defense AttachÈ were fake and forged. The US Consul and FBI had removed copies of this letter from their legal mail in violation of law, and then secretly met with the Court prior to the hearing in order to obstruct justice through knowingly false statements and to cover-up U.S. government liability and complicity. Because the U.S. Consul lied about the letter’s authenticity, they were not released. In essence, Idema and his men remain in custody solely at the direction of the US Government/State Department, Ambassador Khalizad and the FBI.

On February 16, 2005, al-Qaida terrorists attempted a seventh assassination attempt against them. Seventeen Pakistani, Red Chinese, and Arab terrorists implemented another plan to kill Idema and the two other American POWs.[30] The assassination attempt was interdicted by Northern Alliance officers again, and foiled just twelve hours before their attack on these men.

Finally, on February 22, 2005, this U.S. Consul continued his assault on the prisoners’ due process and liberty rights. After the U.S. attorney became involved in the case in August 2004, the U.S. Consul, Russel Brown, agreed to allow mail between the the prisoners and their families and attorneys. This mail was sent through the U.S. State Department. Mail continued to flow without significant problems, until such time as their attorney informed the Ambassador that he would be filing a civil suit against President Karzai and U.S. government officials.

However, after the U.S. Embassy received the letter threatening litigation and requesting the cessation of rendering and obstruction of justice by the United States, the State Department, the FBI and Ambassador Khalizad put a complete mail blackout in place, in that they refused to send letters from the prisoners and began the inspection, copying, and destruction of legal mail, evidentiary documents, and even personal mail between the prisoners and their families.

Some of the legal mail was confiscated and never sent, however it was legal mail relating to ongoing civil cases in the United States. As a result of this actions against the prisoners (Idema and his men), they have been adversely affected in unrelated civil cases in the United States in violation of international treaties and Geneva Conventions.

As an example, they were told they would be allowed to send Christmas presents to their families. They spent one month preparing handmade gifts. Caraballo had a beaded vest made for his 3-year old daughter, Idema had a necklace made for his wife and handmade cups made for his 85-year old ailing father, his attorneys, and friends. Bennett had necklaces and cups made for his family. Christmas cards and Christmas letters were prepared by them all. They were assured that they would be allowed to have communication with their families for Christmas, birthdays, and holidays. When the Embassy took the mail they assured them they would send it. Instead, they destroyed items, illegally searched and copied the mail, and then held the mail for more than forty days before returning the mail unsent.

In response, Idema and his men filed a formal letter of complaint with the US Consul, Russel Brown. Brown not only refused to provide a response, but he then stopped all mail and ordered the complete confiscation of legal mail.

Worse, ALL of the attorney/client privileged legal mail given to the Embassy in 2004 ended up being posted on the internet on a blogging site (a Web Blog) before it was returned to them. This included highly confidential legal documents regarding their defense strategy. One month later, the Embassy returned the mail opened, rifled, and in some cases with pages missing.

Idema and his men sent another letter, this time to the U.S. Ambassador, outlining a violation of Constitutional rights, and federal law. Khalilzad’s response was to order a complete ban on all mail, including mail sent from the families and friends of theirs through the U.S. State Department’s Dulles, Virginia foreign mail processing facility. This was a complete reversal after four months of mail in this manner. This was intentionally done to destroy Task Force Saber/7’s defense and their emotional state.

Furthermore, Russel Brown then advised Task Force Saber/7 that all mail sent to them would be permanently confiscated, and neither delivered or returned. Brown took the position that any mail now sent through the State Department to Idema and his men would become the property of the United States government.

Even worse, Brown then informed the Task Force Saber/7 that Khalilzad had ordered the ban imposed retroactively, and all mail en-route from Task Force Saber/7’s attorneys would not only be read and copied, but permanently seized by the United States.

Task Force Saber/7, especially Idema, whose ailing father was undergoing treatment for a terminal cancer condition, and was now incapacitated, was irate. Caraballo, who was now completely detached from his young daughter, was sent into a spiraling clinical depression. The United States government had arbitrarily and capriciously severed the Task Force Saber/7 from all contact with their families, purely for vindictive and vicious motives. During one argument over the mail, Russel Brown stated that as far as Khalilzad was concerned, it would be better for everyone if al-Qaida finally succeeded and murdered Idema and his men.

Task Force Saber/7 demanded written clarification of the status of mail and on February 22, 2005, Russel Brown finally provided Idema and his men with a written response that was extraordinary in its Machiavellian approach and viciousness. The letter claimed that Sandra Ingram was the one who originally allowed mail— this was completely untrue as Ingram never allowed mail. Brown claimed that Ingram had made a mistake, and told Task Force Saber/7 that no mail would be allowed through the U.S. Postal Service, in ANY fashion, neither to the Dulles facility, or the APO. Brown stated the Idema and his men would have to:

1) “use international mail.” Afghanistan does not yet have a working mail system; the one piece of mail delivered to the Afghan post office was intercepted, searched by the Embassy, and ordered held. Its whereabouts is unknown, but the cost of that single letter was around $8 for delivery in 30 days, and the package was about $25;

2) “use DHL.” This would first be searched and copied by the Embassy, including legal mail, and would cost roughly $85 for a single letter—in other words, if each of the three American prisoners sent one family member one letter a week it would cost $14,720.00 per year. Christmas cards, would, of course, be extra;

3) “use Federal Express.” The cost would be equally prohibitive as DHL, probably more, but the State Department, the FBI and Khalizad are well aware that Federal Express has refused to send any letter of package addressed from Petitioners for fear of reprisals by the FBI which has completely coerced the Kabul Federal Express office into refusing any mail from Task Force Saber/7. What happened to dozens of missing attorney/client privileged letters is unknown, but one thing is clear, the American government is playing a shell game with guaranteed constitutional rights.

Ambassador Khalizad allegedly has dual citizenship in both the US and Afghanistan (along with other figures in Karzai’s adminstration who returned to Afghanistan after spending years in the United States.)

What is exceptionally reprehensible about this is that, according to sources, Khalilzad made specific comments about Christmas, stating that because Petitioners were prisoners in a Muslim country (Khalilzad is also Muslim) Christmas mail insulted him and “his” country. Khalilzad clearly feels that Afghanistan is his county, that American religious holidays are a threat to his religion, and that he has the specific right to determine United States Postmaster General policy for American citizens.

These Americans have survived the torture, the daily threats against their lives by al-Qaida, constant abuse, interference by the FBI outside their jurisdiction, false statements by the United States government, abuse of process, and even invasion of privacy and violation of the attorney/client privilege— they cannot survive the denial of a right born from the blood of our forefathers to communicate with their families.

Idema and his men remain in custody, as Prisoners of War, held solely because of the American Government; specifically the FBI and the State Department and Ambassador Khalizad. NONE of these violations are imposed by Afghan prison authorities who are fully abiding by the provisions and protections of Geneva Conventions and have imposed NO liberty restrictions on incoming or outgoing mail, or other freedoms. This patently egregious conduct is the exclusive dominion of the US Government (e.g. DOS, FBI, Am Embassy) who continue to hold these three Americans incommunicado through the illegal rendering of American citizens.

Finally, in early March, US Consul Russel Brown, at the direction of Respondent Khalilzad, informed them that all drinking water would be terminated by the United States government, and that the American prisoners at Pulacharke would no longer be allowed access to potable drinking water. This was in direct retaliation to letters of complaint to Khalilzad about the new ban on mail. Without water, they will be forced to drink local water which contains microorganisms and bacteria fatal to American citizens and forces in Central West Asia. Although ciprofloxacin can be administered to combat the severe dysentery, vomiting, and eventually death[31] that will occur as the result of the denial of drinking water, two problems make this solution untenable. First, ciprofloxacin is not readily available, the US Embassy has already refused to supply drugs to them, and the FBI confiscated the medical and surgical kits they possessed to avoid any link to the United States government.[32] Second, because Idema has operated in Afghanistan for more than three years, he has already used ciprofloxacin extensively and is not a suitable candidate for continued long-term use. The same situation would apply to Bennett and Caraballo if they were to be forced into long-term use of ciprofloxacin. Therefore, the denial of water is not only completely retaliatory and nefarious, but brutally vindictive and unwarranted.

**The Red Cross is delivering water to the Taliban and Al Qaeda and Pulacharke but refuses to deliver it to the Americans being detained there.**

In one last perverse twist of justice, the U.S. State Department recently issued a document referring to Bakhtyari stating:

“Mr. Bakhtyari has recently earned a reputation for passing a judgment in the case of three Americans who faced charges of running their private prison in Kabul to try Taliban and al-Qaida suspects. Despite opposition from certain religious circles he was able to pass a favorable judgment in the case of the three Americans. He is one of the three judges recommended by the Afghan Chief Justice for the program.”

[Emphasis Added] (State Department Biographical Info Section – International Visitor Program)

This statement was related to a contingent of Afghan judges sent to the United States by the US Government. Bakhtyari himself admitted that this “all expense paid trip” was a “gift” from the United States for finding the accused Americans (Idema and Bennett) guilty and giving them a ten-year sentence. While the US Government is apparently proud of Bakhtyari’s actions, during the same February/March 2005 time period, the United Nations Independent Expert of the Commission on Human Rights on the Situation of Human Rights in Afghanistan, for the Office of the High Commissioner for Human Rights, issued a scathing indictment of Bakhtyari, charging him with a veritable laundry list of human rights violations and crimes, and calling his court not only illegal, but contrary to all international laws.

However, the US Government (aka FBI, State Department and Khalizad [US Embassy in Afghanistan]) still considered Bakhtyari to be a suitable candidate for his trip to the United States paid for by American taxpayers. In the meantime, evidence surfaced (statements from NDS officers) that other judges were being similarly bribed to block the release of the three Americans in the Appeals Court, and that the DOS had provided cars and money to officials involved in the case, such as a Mercedes Benz to the Chief Prosecutor, who previously did not own a car. In fact, all of the NDS officials involved in the case, who make an average of a few hundred dollars a month in salaries, were all of sudden promoted, flush with cash, and driving new cars.

Finally, there was one last ironic twist in this outlandish case. After all the work, money, and effort the State Department and Respondents expended to bolster Bakhtyari’s credibility and prestige and to reward him for his illegal actions, Bakhtyari was never able to culminate his travel plans and appear in the United States as the State Department, FBI and Khalizad’s “spokesman” on the new Afghan justice system. As it turns out, Bakhtyari’s name is on the classified CIA and DIA suspected terrorist list, and was denied a visa, in spite of the best efforts of the DOS and FBI to remove his name and allow him entry to the US.

***********************

Notes:

[1] Prior to Secretary Rice’s appointment as Secretary of State, Secretary Colin Powell was the initiator and responsible party for many of the deprivations of liberty complained of herein.

[2] This case is similar to, although not identical to, cases involving suspected terrorists in which the technique known as “rendering” (FBI terminology) aka “rendition” (CIA terminology) is used by the U.S. government; wherein U.S. officials or agents of the United States remove a subject from, or place a subject in, the custody of a foreign government for the purposes of avoiding due process and circumventing the United States Constitution and associated protections for U.S. citizens and foreign nationals by removing or holding the subject outside the territories of the U.S. in an attempt to avoid jurisdiction by U.S. federal courts.

[3] The United Front Military Forces, aka the N.A., was commanded by Commander Ahmad Shah Massoud, under the political leadership of President Rabanni. This was acknowledged as the rightful and legal government during the time of the Taliban, and operated in exile, holding out in North Eastern Afghanistan and maintaining control of roughly 15% of the country. The NA maintained Embassies in Washington, Dushanbe, Tashkent, Delhi, and London, among other places. The NA was fully recognized by the United Nations and the United States as a legitimate government and resistance force against the Soviets, Hekmatyar, and later the Taliban. Therefore, because all Task Force Saber/7 members were officially attached to the NA, and Major Amin and Lieutenant Banderas were commissioned serving officers in the NA, it is clear that they have full Geneva Conventions POW status.

[4] HUMINT – Human Intelligence; information from human assets; CONUS - Continental United States.

[5] The Afghan Court of Appeals overturned Petitioners’ original conviction and ordered a trial de novo.

[6] Contrary to official and unofficial reports, Hamid Karzai has NOT given up his US citizenship and has retained both citizenship and a US passport in a secret agreement with the U.S. Department of State.

[7] Mawlawi is an honorific title given to high religious leaders. As an example, a Mawlawi is far above a Mullah in both status and power in Afghanistan. Mullahs and Mawlawis gained infamous notoriety during the Taliban reign for their sponsorship of terrorism and recruitment of terrorists and Taliban fighters in Pakistan Madasras. In February 2005, the Appeals Court of Afghanistan stripped Sidiq of his Mawlawi title after reviewing evidence of his links with terrorism and Gulbideen Hekmatyar.

[8] See: HOLY WAR, INC., Author: Peter L. Bergen, Weidenfeld & Nicolson, ©2001, London; page #s 75-82, 180; Hekmatyar “slaughtered thirty-six men under the command of [ ] Massoud in north-eastern Afghanistan in July 1989…Hekmatyar would kill thousands of civilians in Kabul during his daily rocket attacks on the city…” In fact, the State Department listed him as a most wanted terrorist in February 2002, and has asserted that Hekmatyar killed more than 20,000 civilians during his terror attacks.

[9] See: TASK FORCE DAGGER–The Hunt For Bin Laden, Author Jack Idema, McMillian Publishing, © 2003, and THE HUNT FOR BIN LADEN, Co-Author: Jack Idema, Random House, © 2002, page #272-273.

[10] This constituted the first violation of the Protocols to the Geneva Conventions of 12 August 1949, Protocol 1, Article 37 – Prohibition of perfidy.

[11] The beating of the soles of the feet with a triangular wooden stick while kneeling and restrained.

[12] The sticks used were approx. six-foot long and four-inch diameter and used to plunge toilet troughs.

[13] The United Nations has never been allowed to inspect NDS Saderat and the Red Cross is severely restricted and has admitted that the FBI and Afghan NDS limit access only to those areas where violations cannot be documented.

[14] Ingram is an employee of Respondents Khalilzad and Rice, and acts at their direction.

[15] See: Assistance to US Citizens Arrested Abroad; http://travel.state.gov/travel/arrest.html

[16] “The Red Cross is the Guardian of the Geneva Convention…” Comments of M. Cherif BASSIOUNI; Independent Expert of the Commission on Human Rights On the Situation of Human Rights in Afghanistan Office of the High Commissioner for Human Rights - UNOG-OHCHR, to Jack Idema and his men in January 2005, discussing the UN recognition of their POW status.

[17] Anderson is a “flag equivalent” civilian, meaning she holds general officer status as a civilian.

[18] Major Ezmerai was released from custody on December 17, at the direction and order of the Afghan Appeals Court.

[19] Sahibi and Ahmadi were also released from custody on December 17, at the direction and order of the Afghan Appeals Court.

[20] This was documented in conversations between attorney Michael Skibbie and Bakhtyari, and further documented in at least five other conversations between various officials, some of which were tape-recorded.

[21] Richard Christensen is a State Department official who is believed to have participated in the DOS acts alleged herein, and is Deputy Chief of Mission for the US Embassy in Afghanistan.

[22] The three Americans and four Afghans were convicted of running a private prison, illegally arresting and torturing suspected terrorists, and secretly entering Afghanistan with forged Indian passports to begin their pursuit of al-Qaida terrorists.

[23] The sole statements by government witnesses were given during the arraignment. They were unsworn, and were categorized as “for informational purposes only for the journalists here” by Bakhtyari.

[24] Two FBI agents sat in the back of the courtroom and passed notes to the prosecution, who then passed notes to the judge. Upon information and belief, those notes directed the illegal actions of Bakhtyari.

[25] Bennett was never allowed to read his defense statement, call any witnesses, or even testify himself.

[26] Afghan Counsel failed to appear in court after being threatened by NDS agents working for the FBI.

[27] The Petitioners are in fact classified as political prisoners NOT criminal prisoners at Pulacharke Prison by the Afghan Ministry of Justice, the Red Cross, and the British run Emergency Hospital.

[28] The Appeals Court conceded that this was a common occurrence at NDS Saderat Interrogation Facility.

[29] He was an Arab al-Qaida terrorist who was severely wounded and confessed to the entire plot one month later when he was released from intensive care. The United States government should have brought charges against the terrorist named Aziz for conspiracy to murder American citizens. However, during the 8 hour siege, the US government, specifically Lieutenant General David Barno, stated that he could care less if the Petitioners were killed in order to “end the problem” with them. Additionally, the US State Department, although notified that the Petitioners were under siege by al-Qaida terrorists, told Idema during the siege, that the US government would render no assistance, and had NO INTENTION of preventing their murder. LTG Barno was later quoted as stating Petitioners’ murder would “be a good thing.”

[30] The terrorists were also planning to kill Lieutenant Rasuli because of his association with the Americans.

[31] The US government has already made it clear that they would like to see each of these Petitioners dead. See previous footnote; #29.

[32] The medical kits contained extensive US government issued surgical equipment and narcotics, such as Atchkinson Chest Valves, Quick Clot, Staple Guns & Suture Kits, and extensive antibiotics.

*Source of this piece is the mysterious missing Habeas Corpus Brief that was filed in March and disappeared in June of 2005. Washington doesn’t have it, New York doesn’t have–nobody knows where it went. I can’t imagine why they wouldn’t want any of this to come out, can you?

**The “Legaleze” has been minimized in order to make it more readable to folks who aren’t lawyers.

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