If you’re looking for pieces on Jack Idema and his team, please click on this link.

In the case of Jack Idema and the men being held at Pulacharke, there is yet another twist to this case. Consider that the Habeas Corpus Brief (some of the content of which is in this post, slightly modified) was filed in March, lost in June and suddenly nobody knows where it is.

IN the Case of the Geneva Convention status, let’s review some of the facts.

The Central Information Bureaux in Geneva is required to hold an immediate hearing. They were going to set a hearing and then the US State Dept requested a delay to “investigate,” and next thing you know, the entire thing falls into ANOTHER black hole somewhere.

What makes me sick is the fact that the Geneva Convention is mentioned AND APPLIED to terrorists who do not qualify; they do not swear allegiance to a country, wear a uniform or meet any number of other criteria necessary for them to qualify for protection under the Geneva Conventions. We are more worried about the comfort of our enemies than the safety of our own men, and that is a travesty of not only justice–but brings up serious questions as far as our WINNING THIS TERROR WAR.

TASK FORCE SABER GENEVA CONVENTION POW STATUS REQUEST

This Document Was Originally Surreptitiously Written in Longhand at the Kabul NDS/Amniat Sedarat “Extreme Interrogation” Facility in August and September 2004. It Was Then Copied On Various Scraps Of Paper To Create Multiple Copies For Red Cross, Afghan, and US Officials. US and Afghan Officials Refused to Accept the Documents And Responded With Continued Torture of Those Individuals Attempting to Correspond With the UN and Red Cross Geneva Convention Offices. Finally, After Repeated Attempts, the Document Was Completed and Updated Again in Late September 2004 and Secretly Transmitted to Geneva Through a US Attorney, and Later Through Red Cross Legal Personnel in October 2004. The Full Original Text Follows Below. The Last Page Contains an Attachment With a Photographic Reproduction of the Third Original Request. The First Requests Were Confiscated by NDS.

Exempt From Postal Dues Under Article #110

To: Geneva Convention (ATTN: Article 140)
Information Bureaux and Central Agency
Prisoner Of War Status and Request
C/O Office of the United Nations
High Commissioner for Human Rights
Geneva, Switzerland

Copy to: U.S. Ambassador, Afghanistan
Through: U.S. Consul, Russell Brown
United States Embassy

Copy To: Interim President Hamid Karzai
Kabul, Afghanistan, Presidential Palace

Dear Commissioner of the Central Information Bureaux
For the Geneva Convention of 1949 on Prisoners Of War;

The following individuals and persons;

1. Jack K. Idema, Commander, Task Force Saber/7 – American
2. Brent Bennett, Exec. Officer, Task Force Saber/7 – American
3. Edward Caraballo, War Correspondent, Accompanying TF Saber/7 – American
4. Ezmerai Amin, Major, Task Force Saber/7 – Afghan
5. Abdul Wahid Rasuli, Lt., Task Force Saber/7 – Afghan
6. Sahail Sahibi, Administrative Non-Combatant – Afghan
7. Sherzai Ahmadi, Facilities Worker Non-Combatant – Afghan

Hereby request immediate Prisoner Of War status under the applicable Geneva Conventions for Protected persons relative to: A) Combatants, B) War Correspondents, and C) Civilian Non-Combatants in time of war.

Specifically:

IDEMA, BENNETT, WAHID RASULI, EZMERAI, each claim POW status as combatant prisoners of war under the following circumstances and criteria;
1. Each were employed by the U.S. Counter-Terrorist Group;
2. Each carried their arms openly;
3. Each was responsible and subordinate to a commander.
4. The unit designation was Task Force 7, later changed to Task Force Saber/7, the unit, under the original name of Task Force Saber operated in Afghanistan against Taliban and al-Qaida forces since the start of hostilities in October 2001, and was from the start of the war until present time, subordinate to both, a commander in the Untied States and/or to the corps commanders of the United Front Military Forces in Afghanistan.
5. Each man wore a distinctive uniform and recognizable insignia;
a. An American Defense Logistics Agency issue uniform;
b. An American flag on the left breast and right shoulder;
c. Uniform standardized combat equipment (i.e., LBE, boots, etc.);
d. A distinctive emblem on all aircraft and vehicles used in military operation (i.e., A/C N.A. symbol – vehicles American and N.A. flag);
e. A distinctive I.D. card worn on military operations.
6. Each man operated according to the laws and customs of war and abided by the Geneva Convention;
7. Each man carried a Geneva Convention identity card with name, rank, duty, position, identity number, and organization.

EDWARD CARABALLO, claims Geneva Convention status as a War Correspondent POW accompanying Task Force Saber/7 in that;
1. He was formally attached to the unit;
2. He never carried arms or participated in military operations other than as an observer;
3. He carried a Geneva Convention identity card identifying him as an embedded journalist;
4. He is a well known journalist, having worked for CBS, ABC, NBC, CNN, UPN, and other networks for almost twenty years. He has won numerous awards for journalism, including four (4) Emmy Awards specifically for news reporting.

SAHAIL SAHIBI and SHERZAI AHMADI, claim Civilian Non-Combatant status as Civilian Prisoners of War, in that;
1. They were Non-Combatants employed by the Counter-Terrorist Group;
2. They never wore a uniform or carried any weapons;
3. They never participated in or engaged in, or were present for any military operation;
4. They operated solely as administrative personnel and/or house staff at one of the units compounds in Kabul;
5. They were subordinate to the Task Force Saber/7 commander;
6. They carried Geneva Convention Non-Combatant I.D. cards.

Note: See Articles 13(2), 13(3), 13(4) of the Geneva Convention entered into force 21 October 1950. The Combatant version is not available, but states similar or the same criteria. [US Embassy Consul Sandra Ingram refused to provide copies of the Convention to the prisoners in direct violation of International Law]

Furthermore, under the Geneva Convention of 1949 for Combatants, in spite of press reports and media characterizations to the contrary, we are not mercenaries (or “vigilantes”) by legal definition(s), the definition under the Geneva Convention, or under any other definition(s); in that;

1. We were not, and have never been, paid by a foreign power or nation.

2. Neither American or Afghan personnel assigned to Task Force Saber/7 ever swore loyalty to any foreign power.

3. All Afghan Combatants, including those that escaped and were not captured, were serving officers, commissioned rank, in the United Front Military Forces (a.k.a. Northern Alliance) and the Afghan Ministry of Defence (previously the Northern Alliance.)

4. The judge presiding over the various trials conducted announced during his final verdict that we were all part of or working for the “resistance forces.” [It was later disclosed that this Judge was a former Member of the Taliban] Apparently, some parts of the government, have now categorized Commander Ahmad Shah Massoud’s United Military Forces (the Northern Alliance Mujahadeen) as illegal and/or unrecognized, and in opposition to the Interim Government, in spite of the fact that they were U.S. allies during the 2001–2004 war. The Court, and Karzai Government has also ignored the fact that Commander Massoud’s Northern Alliance were part of the 2001 Bonn Conference (which recognized them as the legitimate government in exile) and were made part of the Interim Government, which will not change until December 2004.

BACKGROUND FACTS: In 2004, Task Force Saber/7 assisted in, participated in, or independently conducted military operations known as Operation Rubicon, Operation Monk, Operation Roadrunner, and Operation Acme, including assisting U.S. and NATO forces in Operation Enduring Freedom. All of Task Force Saber/7’s activities were in furtherance of the U.S. and Coalition War on Terror and ongoing efforts to continue the liberation of Afghanistan and to permanently defeat Taliban and al-Qaida terrorist force waging a guerilla war and resurgence in Afghanistan. Prior to this, Task Force Saber personnel had participated in numerous other operations between October 2001 to 2004, including combat advisor operations in Operation Anaconda in March 2002, and humanitarian assistance and rescue operation during the Nahrin earthquake disaster. All of these activities were conducted as part of, or attached to, the Northern Alliance Anti-Taliban Forces.

In July 2004, the seven persons identified on page one, #’s 1 through 7, were captured by forces loyal to Hamid Karzai and with the assistance or cooperation of forces in opposition to the Northern Alliance. This was, upon information and belief, orchestrated by Taliban and Hezb-i-Islami forces loyal to Mullah Omar and Gulbideen Hekmatyar, with the full knowledge and approval of (Interim) President Hamid Karzai. The reasons for this are unknown, but Task Force Saber/7 had interdicted the planned assassinations of two of Hamid Karzai’s political opponents, including Karzai’s lead opponent in Afghanistan’s new election under the Bonn Agreement.

The capture was peaceful and without the active employment of arms. Each of the seven (7) members were told they were not being arrested or captured, and only that the commander was being requested directly by President Karzai to meet with the American FBI. However, when Task Force Saber/7 Combatants left their weapons, all Task Force Saber/7 personnel were arrested. Five other Task Force Saber/7 Combatants escaped surreptitiously. All were commissioned officers in the unit and in the Ministry of Defence. Should they be arrested or captured at a later date, we would be claiming POW protected status for them at that time.

In late June 2004, POW status was claimed for all seven of the persons listed above. This claim of protected status was asserted verbally to General Amrullah [Saleh], Chief of NDS (during his personally supervised torture of the unit commander – July 5-6, 2004), and verbally to Sandra Ingram for the U.S. Consul in late July. Also, in writing on two occasions directly to Sandra Ingram for the U.S. Ambassador, and again in writing, in September 2004 to U.S. Consul Russell Brown, witnessed by two American Attorneys. On each occasion mentioned above Task Force Saber/7 personnel have requested a copy of the Geneva Convention for Combatant Prisoners of War. U.S. and Afghan officials have repeatedly stated our personnel cannot claim POW status, and will not be given copies of the 1949 Geneva Convention on Combatant POWs.

Further, the U.S. State Department has ordered the U.S. Embassy NOT to provide copies of the Geneva Convention requested. The U.S. Consul has provided (after a FOIA request) copies of the Geneva Convention for Civilian POWs, and for Shipwrecked and Sick POWs, but not the Geneva Convention which specifically applies to the Combatants assigned to Task Force Saber/7.

Therefore, we are requesting two (2) copies each of that document in both English and Dari, in accordance with Article 99.

Among the current serious violations of the Geneva Convention are the following (Note: all Geneva Convention violations are referenced to the Civilian and/or Sick POW Provisions since we have not been allowed a copy of the applicable Combatant POW Agreement.);

1. All but one member of the unit has been physically tortured. Torture of the commander consisted of beating (it is believed that a Palace official was personally aware of, at a minimum, the initial torture at NDS Headquarters); boiling water, starvation, extensive corporal punishment, threats of death, and assault with various implements, resulting in broken ribs, separated sternum, torn rotator cuffs, hemorrhaged eyes, multiple concussions, lacerations, contusions, and multiple bruises. Other members of the unit have been tortured with electricity, beaten, subject to falaca, threatened with execution, beaten with sticks, threatened with scorpions on strings, attempted rape, and threatened with a knife while told there eyes, nose, and lips would be cut off. In most instances this was to extract confessions, or information, or statements against other members, and was, occasionally for enjoyment. Much of this torture was conducted by “former” Taliban officials and/or “former” Taliban members, and at the direct orders of deputies and officials under President Hamid Karzai.

2. The three (3) American POWs were charged with crimes – however, an English or understandable version of the charges and/or indictment was never given to them in any form as required by law.

3. Numerous trials were held, all of which extensively violated Geneva Convention rules (Articles 71, 72, et. seq.), and the Interim Government Criminal Code (violation of Articles numbered; 5(4), 5(5), 5(6), 5(7), 4(1), 15, 16, 18, 19, 20, 23(3), 31(1), 32(3), 38, 43, 39(6), 49, 50, 51, 52, 53, 55, 58, and the Geneva Convention on Human Rights, all of which were legally adopted by the Government of Afghanistan and to which Hamid Karzai was bound.

4. The most egregious of these violations included; A) failing to appoint interpreters for the defendants, B) failing to appoint competent counsel, or any counsel at all, C) failing to swear witnesses under oath (only one witness testified under oath – the Task Force Saber/7 commander who demanded the Court follow the law), D) failing to allow cross-examination of government witnesses, E) withholding and destroying exculpatory evidence, F) announcing a verdict before the trial began, and more.

5. Interpretation during the trial was completely incompetent, in many cases intentionally incorrect, and often not done at all. In the final trial translation, it was conducted by a former official in the anti-American prior Soviet-backed government. He was clearly biased and anti-American in violation of Article #115. The chief judge, Abdul Basset Bakhtyari, believed to be a former member of the Taliban and close friends with the government’s main witness and alleged “victim” who was a high official in the Taliban Government and currently a recruiting official for the Hezb-i-Islami terrorist organization and Gulbideen Hekmatyar – who is currently on the U.S. State Department’s Most Wanted Terrorist list (in violation of Articles #115, 146). And this is just brief overview.

6. As to violations of the two separate Geneva Convention covering the seven (7) individuals, these violations are so numerous as to be beyond the scope of this letter, and without a copy of the Geneva Convention, relating to Combatants, impossible to accurately list at this time. However, the most blatant violations include; A) denial of a fair trial (violations of Articles #3, 71, 72); B) torture (violations of Articles #27, 32, 147); C) theft of personal property and looting (violations of Article #53, 97): D) confiscation of all identity documents, including I.D. documents issued by the U.S. Government and Geneva Convention Identity Cards (violations of Articles #53, 97); E) prior (during NDS custody) deplorable and horrendous living conditions (prior violations of Articles #55, 76, 98,116, 124, 125, 127); F) complete violations of Articles #72, 106, 107, 110, 118, 144, and others not able to be quoted without the applicable Geneva Convention for POW Combatants.

7. It should be made clear, and noted, that although conditions were deplorable and in direct violation of the Geneva Convention, the United States Government failed to intercede, in fact refused to intercede in complete violation of their duty as a high contracting party to the Geneva Convention and an occupying military force in Afghanistan. However, on or about September 16, 2004, his Excellency, the Afghan Minister of Justice interceded and transferred all seven (7) Prisoners of War out of NDS custody to a Ministry of Justice controlled facility (Pulacharke) and placed all seven personnel under his direct control. Since the Minister of Justice interceded, all torture has ceased, and the Minister of Justice, his general officers, and their men, have gone to extraordinary efforts to not only meet, but exceed, all Geneva Convention requirements regarding treatment, and even interceded in other areas to assist. In fact, the Afghan Ministry of Justice, and Minister’s men have repeatedly interceded with other government authorities in an attempt to protect the rights of all seven (7) POWs, for which we are all grateful.

In summary, all three (3) Americans captured are entitled to immediate POW status. All Afghan Combatants, including those not captured yet, were serving commissioned officers in the United Front Military Forces and/or Ministry of Defence and Northern Alliance MOD.

THEREFORE, it is clear that all members of Task force Saber/7 in custody be immediately afforded POW status.

Lastly, by and through this letter we request;
1. Immediate Geneva Convention POW status and all rights and privileges accorded until such time as a Geneva Convention hearing can be held;
2. A new a fair trial in accordance with the Geneva Convention;
3. Continued custody by only the Ministry of Justice, and a trial overseen by the Ministry of Justice and Geneva Convention officials to protect our rights, with a bar to release back to NDS or any other custody outside the control of the Minister of Justice;
4. A meeting with the UNHCR – Geneva Convention and Central Information Bureaux representatives to outline our case and grounds for POW status;
5. Sanctions against the United States and Afghan Governments for repeated, intentional, and grave violations of the Geneva Convention.

Thank you for your assistance and swift consideration of our condition.

Best regards,
Courage Forward,

_________________________
Jack K. Idema, Commander, Task Force Saber

U.S. Address: Counter-Terrorist Group, P.O. Box 691, Fayetteville, NC 28301
Afghan Address: Jack Idema, POW, C/O Russell Brown, U.S. Consul, U.S. Embassy, Great Massoud Road, Kabul, Afghanistan
Diplomatic Pouch Address: Jack Idema, Commander TASK FORCE SABER; POW;
C/O Russell Brown, U.S. Consul, 6180 Kabul Place, Dulles, VA 20189-6180
Note: Please copy all three addresses with return mail replies.

Attachment A
Original Geneva Convention Letter

Cao’s note: Idema, as commander of TF Sabre/7, 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. Sandra Ingram, acting Consul, 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, 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.

DOS, FBI Ambassador Khalizad (now Neumann) 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 (now Neumann) and the 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.”

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.

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.

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