Freed Gitmo prisoner sues U.S. for unlawful detention

Saad Muhammad Iqbal is a finally a free man, After having served more than six years at the U.S. military's detention facility in Guantanamo Bay, Cuba -- without any charge.

Now, Iqbal is suing the U.S. government for unlawful detention.

"I am angry in my heart," Iqbal said in a recent interview. "It's easy for the U.S. government to say, 'There are no charges found and he's free.'

"But who will be responsible for seven years of my life?"

His attorney in Washington, D.C., is suing the U.S. government, on behalf of Iqbal, through the federal court system.

It is not the first lawsuit brought against the U.S. government by a former Guantanamo detainee. But it comes as President Barack Obama takes office, promising to shut down the detention facility, possibly as early as within a year.

That could lead to an increase in the number of lawsuits brought by former detainees who -- like Iqbal -- say they were held for no reason. A former Gitmo detainee talks about his experiences »(Video)

The Pakistani citizen was taken into U.S. custody in January 2002 while visiting family in Indonesia. He was reportedly arrested after allegedly talking about making a shoe bomb, something he denies.

"I never (made) that statement," Iqbal said. "But they have (said) a lot of things, like I went to Afghanistan, but they have no proof."

Iqbal says while in U.S. custody, he was taken to Egypt, then to Bagram Air Base in Afghanistan. In March 2003, he arrived at Guantanamo's military prison, which became a lightning rod for critics who charged that the Bush administration had used torture on terror detainees.

Iqbal accuses his handlers in Guantanamo of beating him during his six-month hunger strike, and withholding medical treatment until he agreed to cooperate.

"Even when they take me to hospital, I can't even walk but they put me in 4 by 4 (cell), my hands tied with handcuffs and my legs also had leg shackles," he said.

The CIA the Pentagon have repeatedly denied allegations of mistreatment and torture, saying all interrogation was lawfully done. In response to Iqbal's allegations, CIA spokesman Paul Gimigliano told the New York Times earlier this month, "I have no idea what he's talking about."

Six months after he was admitted to Guantanamo, Iqbal said he tried to kill himself. While no one watched, Iqbal said he and several prison mates tried to hang themselves with bed sheets.

Four of the prisoners died, according to Iqbal. But his survival continued what he calls "the theft of his freedom" by the U.S. government.

President George W. Bush and other senior officials have repeatedly denied that the U.S. government had used torture to extract intelligence from terror suspects.

Days after assuming office, President Obama plans to issue three executive orders Thursday that will show a clean break from the Bush administration on the war on terror, including one ordering the U.S. military detention facility at Guantanamo Bay be closed within a year, according to a senior administration official and a congressional aide.

A second executive order will formally ban torture by requiring the Army field manual be used as the guide for terror interrogations, essentially ending the Bush administration's CIA program of enhanced interrogation methods.

A third executive order, according to the officials, will order a systematic review of detention policies and procedures and a review of all individual cases.

Iqbal was among nearly 800 inmates who came through Guantanamo Bay, classified by Washington as suspected terrorists. Most were never charged with a crime.

With the help of a U.S.-based lawyer, Iqbal was released in September without ever being charged. He returned to Pakistan, walking with the help of a cane, complaining of back pain, a bad leg, and a torn ear drum -- all the result, he says, of his time in custody.

Not once during those nearly seven years in custody did anyone tell him why he was being held.

All they told him, according to Iqbal, was that they were sent "by the U.S. government (in) Washington, D.C., by (the) CIA, to interrogate you if you have any information about terrorists or terrorism."

Despite his anger and his physical ailments, Iqbal says he "was born again and given a new life from God" after his release. He is demanding justice for what he says was his unlawful detention -- but not through violent means.

"We have to convey that Islam is a peace(ful) religion and we (do) not hate anybody," he said.

Path now clear for Khadr's repatriation

There are no longer any obstacles blocking Prime Minister Stephen Harper from requesting Omar Khadr's repatriation to Canada, says his U.S. military lawyer.

A judge at Guantanamo Bay has agreed to a request from U.S. President Barack Obama to adjourn Omar Khadr's war-crimes tribunal for a period of 120 days.

Lt.-Cmdr. William Kuebler, Khadr's Pentagon-appointed lawyer, said the adjournment is akin to a dismissal of charges against his client.

"I think the practical effect will be the same, which is this process is done and there is no more ongoing process that Prime Minister Harper can use as a pretext for not acting on Omar's behalf,"

Khadr, 22, is accused of killing an American soldier in Afghanistan in July 2002, when he was 15.

He has been held at Gitmo since he was 16.

Harper has so far declined to request the repatriation of Khadr, saying it's not his place to interfere with another country's legal process.

As a result, Khadr is the only Western prisoner still remaining in the facility.
Kuebler said the judicial process is now effectively over, and Harper's rationale no longer stands.

"I think the door is open now for Prime Minister Harper to say the proceedings have been terminated, there's no process to defer to, and we can effectively bring him home," he said.

Kuebler suggested the decision to temporarily adjourn the proceedings, rather than drop the charges altogether - which he had earlier sought -- was political.

"If they had actually withdrawn charges in the cases that could have been reported as charges being dropped...I think from a political standpoint the optics of a suspension or a stay are preferable," he said.

The defence is "very pleased" with the move by Obama, and believes it signals the beginning of the end for the military tribunal process in Guantanamo, Kuebler said.

However, he acknowledged that the U.S. could still decide to bring Khadr back to American soil and proceed with a trial there.

He has argued that Khadr - accused of lobbing the grenade that killed a U.S. soldier -- should be treated as a child soldier.

Obama acts fast on Guantanamo

On Tuesday, as one of his first post-inauguration acts, Obama requested an adjournment in Guantanamo proceedings for Khadr, and those accused of conspiring in the 9/11 terror attacks.

The prosecution in Khadr's case put the request to the judges in his case on Wednesday, and it was approved.

"In the interests of justice, and at the direction of the president of the United States and secretary of defence, the government respectfully requests the military commission grant a continuance of the proceedings . . . until 20 May, 2009," states the motion brought forward on Tuesday.

The motion explains that the intent is to allow time for the new administration to review the military commission process, and to look at the individual cases currently before military commissions.

At the moment there are roughly 250 detainees at Guantanamo Bay, including Khadr. The adjournment allows the administration to evaluate the cases of those who are not granted release or transfer, to determine "whether prosecution may be warranted for any offences."

The review would also lay out the next steps going forward in those instances where prosecution is deemed to be necessary, said the motion.