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

Jack is a POW with POW status assigned by the Geneva Convention central Information Bureaux in Geneva, Switzerland. He is currently a “Protected Person” under the Geneva Conventions. He has been found innocent of all criminal charges and should be released from POW status sometime in the near future.

We should be putting pressure on those people in positions of power who are clearly responsible for this miscarriage of justice. I’d like to know how in the hell they could not only “loose” the Habeas Corpus, but how in the hell they can continue this legal shell game, refusing to grant them the rights which are guaranteed them by law. Anyone reading this should wonder about the rights of our boys who are in harm’s way fighting in Afghanistan and Iraq and wonder what in the hell the government is accomplishing by torturing, punishing and abusing men who were simply doing the job they went over there to do–sanctioned by both governments.

The request for POW status is required by international law and treaties under Article 113 (see Part III, Status and Treatment of Protect Persons, Section IV, Charpter VIII) of the Geneva Conventions of August 12, 1949 and specifically under Article 115, which states, in part;

In all cases where an internee is a party to proceedings in any court…the court [shall] be informed of his detention and shall, within legal limits, ensure that ALL necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court.” [Emphasis added]

The Geneva Convention Protocols were not available to the men when they wrote their POW status request. However, true to form, Jack made sure he filed POW status immediately upon their arrest and incarceration. Below is the first page written in Longhand at the Kabul NDS/Amniat Sederate Facility in August and September of 2004 which was completed and updated after Afghan officials refused to accept the documents and responded with their continued torture. In late September of 2004, it was transmitted to Geneva through a US Attorney and later through Red Cross Legal Personnel in October of 2004.

Their status is irrefutable, and has been accepted by the Central Information Bureaux in Switzerland. The PROTOCOLS addition to the Geneva Conventions of August 12, 1949–specifically, Part I, Article I, states in part;

“Article 41

2. In cases not covered by the Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.”

So in other words, regardless as to the Combatant POW Status, courts MUST ensure due process and other legal protections in accordance with the convention.

Additionally, Section II of the PROTOCOLS Additional to the Geneva Conventions of August 12, 1949, Articles 43 and 44 state, in part:

“Article 43 - Armed Forces
1. The armed forces of a Party to a conflict consist of all organized armed forces, group and units which are under a command responsible to the Part for the conduct of its subordinates, even if that party is represented by a government or an authority not recognized by an adverse party…”

[Note: This specifically applies to Jack Idema, Captain Brent Bennett, Major Ezmerai Amin, Lt. Zorro Rasuli Banderas, and others not originally captured]

“Article 44 - Combatants and prisoners of war
1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.”

[emphasis added]

According to the Geneva Convention Protocol I, Part III, § II, Article 45, 1 specifies that POW status is established by simply asserting the status upon capture or arrest in a conflict area. At that point you have POW status. After that, it is up to the high contracting party (one of the countries that is a party to the conflict) to either accept or deny status. However, status continues until such time as a Geneva Military Tribunal meets and either awards permanent status, or rejects status.

But, and this is an important but, from the moment of assertion, a person “in custody” or “confinement” has automatic status the moment they assert that status, either verbally or in writing [emphasis added]. TASK FORCE SABER/7 personnel did that very quickly, and followed it up in writing. Within 24 hours they asserted their Geneva Convention Status, within 30 days they asserted status in writing, and 60 days later they filed a complete legal grounds brief with the Central Information Bureaux in Switzerland, and copied the Red Cross—the guardians of the Geneva Convention.

The Combatant version of the Conventions was not available to the men of TASK FORCE SABER/7 when they wrote their original status request, but they were correct in the original assertions outlined in detail in Exhibit A. The Geneva Convention Relative To The Treatment Of Prisoners Of War of August 12, 1949, Part I, Article 4, states:

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members [This and #1 apply to Jack Idema, Brent Bennett, and the other Americans not originally captured/arrested by the Pro-Taliban government] of other militias and members of other volunteer corps, including those of organized resistance movements, belong to a Party to the conflict and operation in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movement fulfill the following conditions:
a. that of being commanded by a person responsible for his subordinates;
b. that of having a fixed distinctive sign recognizable at a distance;
c. that of carrying arms openly;
d. that of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power [Major Amin, Lt. Banderas- UFMF- (The Northern Alliance)].
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents [Ed Caraballo], supply contractors… [ ] provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5. [Refers to Aircrews]
6. [Refers to inhabitants, who upon invasion, take up arms]

Certain reporters have called TASK FORCE SABER/7 personnel “mercenaries.” One headline from the NY Times (ala Jason Blair) stated “Mercenaries in Afghan Case Get 8 to 10 years.” It is clear that they they are not, and never were mercenaries. The Geneva Convention Protocols Article 47 clearly define the meaning of “mercenaries” by stating:

1. A mercenary is any person who:
a. is specially recruited locally or abroad in order to fight in an armed conflict;
b. does, in fact, take a direct part in the hostilities;
c. is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensations substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
d. is neither a national of a Party to the conflict nor a resident of a territory controlled by a Party to the conflict.
e. is not a member of the armed forces of a Party to the conflict; and
f. has not been sent by a State which is not a Party to the Conflict on official duty as a member of its armed forces.

The TASK FORCE SABER/7 Geneva Convention Legal Brief/Letter (referred hereto as Exhibit A a copy of the first page shown above) clearly forecloses any argument to even consider we are or were “mercenaries.” All TASK FORCE SABER/7 personnel are COMPLETELY excluded from this category on every issue, and any argument or characterization of them as mercenaries or bounty hunters is completely foreclosed by law. All TASK FORCE SABER/7 officers were officially assigned as serving officers to the Northern Alliance controlled Ministry of Defense. The NY Times editor that picked the headline should have consulted the law, and a dictionary, and that is simply hyperbolic reporting.

Then you have attached the Red Cross – Emergency Hospital Identification Card now issued to each TASK FORCE SABER/7, which states they are “political prisoners,” with POW status. Criminal prisoners are listed starting with four digit numbers Prisoners of War and “political prisoners” are listed with two or three digit numbers. Idema is registered as Prisoner of War ID #92.

Then you have as even FURTHER proof, the official Pulacharke Prison Roster listing all four personnel remaining in custody as Prisoners of War, officially recognized as such by the Ministry of Justice.

Here it is again for sizing purposes so you can see the entire thing:

Pulacharke Prison Roster for Political and Prisoners of War - Translation:

Dari Language (read right to left):

امظا	قره	ولسوال	ولایت	قریهولسوالی	ولایت	ولدیت	ولد	اسم
—	—	—	—	بندی هایجنگی	امریکا	—	—	جک
—	—	—	—	//	//	—	—	اید
—	—	—	—	//	//	—	—	برینت
—	—	—	—	//	افغانستان	—	—	وحید

English Language:

Name	F/Name	G/F Name	Province	District	Davision	Province	District	Sign
Jack	—	—	USA	POW	—	—	—	—
Ed	—	—	USA	POW	//	//	—	—
Brent	—	—	USA	POW	//	//	—	—
Zorro	—	—	Afghanistan	POW	//	—	—	—

If this evidence isn’t enough, if you can imagine it, there is also in camera evidence available but because of the press’s horrific reporting on this case, and their review of the pleadings and using them (with bias) for their incendiary stories, Jack has asked that many of the documents, in camera evidence, classified documents and pictures be kept out of the media for obvious reasons–and some not-so-obvious reasons.

And this is among them- one of the most horrific reasons why. We’ve talked about Al Qaeda’s orchestrated (but failed) attempt on the lives of these men in a “prison riot” in December of 2004. This was attempt #6. We’ve also talked about the fact that there have been at least 7 attempts on their lives so far at Pularcharke prison.

There was another attempt in February, where 17 al-Qaida Pakistani, Arab, and Chinese terrorists engaged in a seventh assassination attempt on the lives of these men.

So instead of covering his own ass as so many reporters and others have done in this case, Idema is still protecting American Security concerns in this terror war, at the risk of his own life and those who are in prison with him.

To review: five closed door hearings were held between December and March of 2005 and all men of TASK FORCE SABER/7 were found innocent of all criminal charges and are now simply POWs NOT CHARGED with ANY crime!!! This information has specifically been kept from the international media and press.

On February 28, 2005, the Court of Appeals of Afghanistan, consisting of a five judge panel, declared Idema and the other men with him innocent of all charges and directed their release. While the Appeals Court, which was conducting the hearings and trial de novo, proclaimed the innocence of the Petitioners, the prosecution also withdrew all criminal charges, joining in the decision for an immediate release. These conversations were documented by Afghan officials.

Approximately 40 days later, the Appeals Court met again, and repeated that all Petitioners were “completely innocent,” but that they could not be released because of political reasons and would remain in custody as prisoners of war in protected status. Further, the Appeals Court cleared all men 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.

In April 2005, five Appeals Court judges restated the complete innocence of all Petitioners after the second trial concluded in March 2005. Furthermore, the prosecution withdrew all charges and pronounced the innocence of Idema and his men during the second trial, and again restated their position that Idema and his men were innocent after the second trial.

—————————

Notes:

• Jack Idema, on behalf of all subordinates, asserted POW protected status under the Geneva Convention of 1949 on the second day of capture, and no man has ever waived protected status since that time.
• Jack Idema and all members of TASK FORCE SABER/7 are currently awaiting notification of a tribunal date.
• Geneva Convention Protocol I, Part III, § II, Article 45, 1, which states;
  

  “A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he SHALL [emphasis added] continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.”

  (See Exhibit A and www.unhchr.ch)

• “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. (See Exhibit A)
• Evidence showed that Task Force Saber/7 was driving government issued SUVs at the time of the arrest with Afghan Ministry of Defense official license plates.
• The United Front Military Forces, more commonly known as the Northern Alliance. The N.A. was commanded by Commander Ahmad Shah Massoud, under the political leadership of President Rabanni. This was acknowledge 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, and later the Taliban. Therefore, because all Task Force Saber/7 members were officially attached to the NA, and Major Amin and Lt. Banderas were commissioned serving officers in the NA, it is clear that they have full status.
• Geneva Convention For Combatant Prisoners of War (Protocols) states; “Article 47 – Mercenaries; 1. A mercenary shall not have the right to be a combatant or prisoner of war” [note: only the press has used the title “mercenaries” as any other title would support the claims of TASK FORCE SABER/7].
• The United Front Military Forces aka Northern Alliance is more specifically outlined in the historical information footnote above along with their legal status and relationships regarding the Geneva Convention. Taliban Judge Abdul Baset Bakhtyari’s categorization of the Northern Alliance as a “Resistance Force” (of course it was- in the resistance AGAINST the Taliban) makes it clear that Bakhtyari is looking at this case from a Taliban point of view. Further, it provides evidence and support for full Geneva Convention POW status to all members of Task Force Saber/7.
• On December 6, 2004, four TF SABER men were ordered released (Lt Rasuli refused to leave and remains).
• The attempt in February was the seventh assassination attempt. The sixth assassination attempt by al-Qaida took place on December 17, 2004 and resulted in four Northern Alliance officers killed, and four wounded, protecting Jack Idema and TASK FORCE SABER/7 men, and four terrorists killed (2 Iraqis, 1 Arab, 1 Pakistani, and one terrorist (1 Pakistani) critically wounded attempting to assassinate Jack Idema. This attack was covered extensively in the media, although somewhat incorrectly.

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