A/HRC/13/42*
page 67
place about two hours away. He was kept naked for 22 days, at times shackled, and subjected to
extreme climatic conditions and simulated drowning. After six months, he was transferred to
United States custody, allegedly pursuant to the CIA rendition programme. He was taken to
Kabul and held in the “dark prison” for nine months, where he suffered severe physical and
psychological torture by unidentified persons. He was then transferred to Bagram airbase, where
he was held for a further four months in United States custody. Again, he was allegedly
subjected to severe physical and psychological torture by what he believed were the same
unidentified persons he had encountered in the “dark prison”.258
135. Four others detainees, held in Bagram, are known because lawyers established contact with
their families and filed habeas corpus petitions on their behalf:
• Redha al-Najar, a Tunisian who was seized in Karachi in May 2002.
• Amine Mohammad al-Bakri, a Yemeni who was seized in Bangkok on
28 December 2002 by agents of the intelligence services of the United States or of
Thailand. Throughout 2003, his whereabouts were unknown. The Thai authorities
confirmed to Mr. al-Bakri’s relatives that he had entered Thai territory, but denied
knowing his whereabouts. In January 2004, Mr. al-Bakri’s relatives received a letter
from him through ICRC, informing them that he was being kept in detention at the
Bagram airbase. It was reported that Mr. al-Bakri was detained owing to his commercial
connections with Mr. Khalifa, a cousin of Osama bin Laden later assassinated in
Madagascar.259
• Fadi al-Maqaleh, a Yemeni seized in 2004, who was sent to Abu Ghraib before Bagram.
• Haji Wazir, an Afghan seized in the United Arab Emirates in late 2002.260
136. The whereabouts of 12 others are unknown, and the others remain to be identified. It is
probable that some of these men have been returned to their home countries, and that others are
still held in Bagram. The experts received allegations that the following men were also held: Issa
al-Tanzani (Tanzanian), also identified as Soulayman al-Tanzani, captured in Mogadishu; Abu
Naseem (Libyan), captured in Peshawar, Pakistan, in early 2003; Abou Hudeifa (Tunisian),
captured in Peshawar, Pakistan, at the end of 2002; and Salah Din al-Bakistani, captured in
Baghdad. Marwan Jabour also mentioned eight other prisoners. One was Yassir al-Jazeeri
(Algerian), seized in Lahore, March 2003 (whom he met), and he heard about seven others:
Ayoub al-Libi (Libyan), seized in Peshawar in January 2004; Mohammed (Afghan, born Saudi),
258
See the report of the Working Group on Arbitrary Detention, opinion No. 3/2009
(United States of America) (A/HRC/13/30/Add.1)
259
Working Group on Arbitrary Detention, opinion No. 11/2007 (Afghanistan/United States of
America) (A/HRC/7/4/Add.1).
260
See the opinion of the United States District Court on motion to dismiss petitions for habeas
corpus at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv1697-31.
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