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Saifullah Paracha

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Saifullah Abdullah Paracha
Born (1947-08-17) August 17, 1947 (age 77)[1][2]
Mangwal, Dominion of Pakistan
ReleasedOctober 29, 2022
Detained at CIA black sites; Bagram; Guantanamo
ISN1094
StatusReleased

Saifullah Abdullah Paracha (born August 17, 1947) is a citizen of Pakistan who was held, without any charge, in the United States Guantanamo Bay detainment camps, in Cuba for over 18 years.[3] He was released on October 29, 2022.[3] As of 18 May 2021, Saifullah Paracha was approved for release by American authorities[4] after his son Uzair Paracha's conviction was overturned in 2018[5] and the younger Paracha was repatriated to Pakistan in March 2020.[6]

On 29 October 2022, Pakistan's Foreign Office Spokesperson Asim Iftikhar stated that Saifullah Paracha has been released from Guantanamo prison and has returned to Pakistan.[7][8]

Early life

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The Department of Defense reports that Paracha was born on August 17, 1947, in Mangowal Kalan, village in tehsil Shahpur of District Sargodha in Punjab Pakistan. He graduated from a university in Karachi with a degree in physics and attended New York Institute of Technology, studying computer systems analysis.[citation needed]

At the time of his capture, Paracha legally resided in the United States, in Queens, New York City. He managed various businesses such as travel agencies, real estate, and a media company. He obtained his green card in 1980.[9]

Arrest

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Officials pretending to be Kmart representatives told him they need to meet him in Bangkok, Thailand, to discuss a deal. He was captured by FBI agents in July 2003. He was accused of meeting Osama Bin Laden and helping 'facilitate financial transactions and propaganda' for the 9/11 orchestrators. He also allegedly met with bin Laden during a delegation of Pakistani dignitaries.

He was then taken to Bagram Airbase in Afghanistan where he was initially held.[9]

A little over a year into his imprisonment, he suffered a heart attack and was moved to Guantanamo Bay. He underwent heart surgery in 2006 at the hospital in Guantanamo Bay.[10]

Combatant Status Review

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Main article: Combatant Status Review Tribunal

A Summary of Evidence memo was prepared for Saifullah Paracha's Combatant Status Review Tribunal, on October 6, 2004.[11]

Saifullah Paracha v. George W. Bush

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A writ of habeas corpus, Saifullah Paracha v. George W. Bush, was submitted on Saifullah Paracha's behalf.[12] In response, on December 21, 2004, the Department of Defense published fifty-eight pages of unclassified documents related to his Combatant Status Review Tribunal.

On December 8, 2004, Tribunal panel 24 convened and confirmed Saifullah Paracha's "enemy combatant" status.

Press reports

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On July 12, 2006, the magazine Mother Jones provided excerpts from the transcripts of a selection of the Guantanamo detainees.[13] Paracha was one of the detainees profiled. According to the article his transcript contained the following exchange:

Tribunal president: I do know you had some questions about the legality of your detention. That would be referred to other organizations of the government, but you will be receiving more specific instructions shortly of how to bring your question to U.S. courts.

Paracha: Your honor, I have been here 17 months; would that be before I expire?

Tribunal president: I would certainly hope so, especially since you are under the care of the U.S. government while you are here. As far as some of the other statements you made about jurisdiction, this is a U.S. government executive decision in regards to the detention of enemy combatants….

Paracha: Your honor, my question is that your executive order is applicable around the earth?

Tribunal president: It is a global war on terrorism.

Paracha: I know, sir, but you are not the master of the earth, sir….

Tribunal president: Would you be surprised to hear that Osama bin Laden founded Al Qaeda and Al Qaeda includes people from all over the world? People from America, Afghanistan, Pakistan, Philippines, and people from wherever?

Paracha: Sir, how could anybody know who Al Qaeda is?

Tribunal president: Good question. That's a very good question.

On June 2, 2008 Zachary Katznelson appealed to the Pakistani government for assistance, stating:[14][15]

Political intervention is the only hope for Saifullah Paracha to receive justice.

Joint Review Task Force

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On January 21, 2009, the day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo Bay.[16][17][18][19] That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request.[20]

Saifullah Paracha was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama said those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board.

Periodic Review Board

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The first review wasn't convened until November 20, 2013.[21] Paracha was approved for transfer on May 13, 2021.[22][4]

Paracha's son

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Paracha's son, Uzair Paracha, was convicted in 2005 for providing support to Al-Qaeda, that included assistance for Majid Khan to obtain documents.[23]

On July 3, 2018, 15 years after his arrest, Uzair's conviction was deemed void by Judge Sidney H. Stein based on newly discovered statements made by Ammar Al Baluchi, Majid Khan and Khalid Sheikh Mohammad. Stein, who oversaw Paracha's trial and imposed his sentence, called it a "manifest injustice" to let the conviction stand and granted Paracha's request, made in November 2008, for a new trial.[5]

Uzair was freed on 13 March 2020 and willingly repatriated to Pakistan, giving up his resident status.[6]

References

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  1. ^ "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9PK-001094DP (S)" (PDF). United States Department of Defense. December 1, 2008. Archived (PDF) from the original on April 29, 2022.
  2. ^ "Guantanamo Detainee Profile" (PDF). October 27, 2015. Archived from the original (PDF) on April 20, 2022.
  3. ^ a b Rosenberg, Carol (October 29, 2022). "U.S. Releases Guantánamo's Oldest Prisoner". The New York Times. ISSN 0362-4331. Retrieved November 1, 2022.
  4. ^ a b AP (May 18, 2021). "US approves release of oldest Guantanamo prisoner — a 73-year-old man from Pakistan". DAWN.COM. Archived from the original on May 18, 2021. Retrieved May 18, 2021.
  5. ^ a b "New York judge voids Pakistani man's conviction for aiding al Qaeda". Reuters. July 3, 2018. Archived from the original on April 5, 2019. Retrieved February 13, 2019.
  6. ^ a b Weiser, Benjamin (March 16, 2020). "Once-Accused al Qaeda Sympathizer Goes Home". The New York Times. Archived from the original on May 18, 2021. Retrieved April 4, 2020.
  7. ^ "Pakistani Guantanamo Bay prisoner Saifullah Paracha returns home". Radio Pakistan.
  8. ^ "Pakistani Guantanamo Prisoner Saifullah Paracha Set To Return Home As 'Free Citizen'". The Friday Times. September 6, 2022.
  9. ^ a b Rosenberg, Carol (October 29, 2022). "U.S. Releases Guantánamo's Oldest Prisoner". The New York Times. ISSN 0362-4331. Retrieved October 29, 2022.
  10. ^ Joel Seidman (November 20, 2006). "Heart surgery must be at Guantanamo: Court denies Pakistani detainee's request to have procedure done off base". NBC News. Archived from the original on March 5, 2016. Retrieved January 12, 2007.
  11. ^ documents (.pdf)[permanent dead link‍] from Saifullah Paracha's Combatant Status Review Tribunal – - mirror pages 1-19
  12. ^ "Saifullah Paracha v. George W. Bush 04-CV-2022 (PLF)" (PDF). United States Department of Defense. December 8, 2004. pp. 1–58. Archived from the original (PDF) on May 10, 2008. Retrieved June 10, 2008.
  13. ^ "Why Am I in Cuba?" Archived July 19, 2006, at the Wayback Machine, Mother Jones (magazine), July 12, 2006
  14. ^ "Lawyer for Guantanamo inmate urges Pakistan govt help". Agence France Press. June 2, 2008. Archived from the original on May 20, 2011. Retrieved June 2, 2008.
  15. ^ Jan Khaskheli (June 2, 2008). "Pakistanis still languishing in Guantanamo Bay without trial". The News (Pakistan). Archived from the original on June 2, 2008. Retrieved June 1, 2008.
  16. ^ Andy Worthington (October 25, 2012). "Who Are the 55 Cleared Guantánamo Prisoners on the List Released by the Obama Administration?". Archived from the original on July 17, 2019. Retrieved February 19, 2015. I have already discussed at length the profound injustice of holding Shawali Khan and Abdul Ghani, in articles here and here, and noted how their cases discredit America, as Khan, against whom no evidence of wrongdoing exists, nevertheless had his habeas corpus petition denied, and Ghani, a thoroughly insignificant scrap metal merchant, was put forward for a trial by military commission — a war crimes trial — under President Bush.
  17. ^ Andy Worthington (June 11, 2010). "Does Obama Really Know or Care About Who Is at Guantánamo?". Archived from the original on June 16, 2010. Retrieved July 21, 2010.
  18. ^ Peter Finn (January 22, 2010). "Justice task force recommends about 50 Guantanamo detainees be held indefinitely". Washington Post. Archived from the original on May 4, 2015. Retrieved July 21, 2010.
  19. ^ Peter Finn (May 29, 2010). "Most Guantanamo detainees low-level fighters, task force report says". Washington Post. Archived from the original on May 10, 2015. Retrieved July 21, 2010.
  20. ^ "71 Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19, 2013". Joint Review Task Force. April 9, 2013. Archived from the original on May 19, 2015. Retrieved May 18, 2015.
  21. ^ "Periodic Review Secretariat: Review Information". Periodic Review Secretariat. Archived from the original on April 15, 2016.
  22. ^ "Unclassified Summary of Final Determination" (PDF). May 13, 2021. Archived (PDF) from the original on January 27, 2022.
  23. ^ "US convicts man of al-Qaeda plot". BBC News. November 24, 2005. Archived from the original on August 6, 2012. Retrieved May 23, 2010.
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