Former Guantánamo detainee Saeed Bakhouch was sentenced by a court in Algeria to three years in prison on terrorism charges, Bakhouch’s lawyers told The Intercept.
The May 13 sentencing, on charges made under Algeria’s broad Article 87 anti-terror laws, which can carry the death penalty, came despite assurances from the U.S. State Department that he would be treated “appropriately” and “humanely” after being repatriated after his stint in Guantánamo.
Bakhouch was the most recent Guantánamo detainee to be transferred out of the military prison under the Biden administration, never having been charged with a crime. Bakhouch, his American lawyer Candace Gorman said, was a victim of torture at the hands of the U.S. and slowly deteriorated over his 20 years of arbitrary detention until his release in April 2023.
When Bakhouch first arrived in Algeria, he was immediately taken into custody by Algeria’s internal security forces — a standard and usually brief period of detention for Algerian detainees returning from Guantánamo. Bakhouch was vulnerable, Gorman said, having mentally deteriorated in recent years.
Gorman had warned about possible post-traumatic stress disorder and depression ahead of his repatriation. Nonetheless, Bakhouch was held incommunicado and subjected to intense interrogation with no lawyer present.
“He was interrogated every day of the 12 days — after decades of trauma — was given no help from a lawyer and he was under extreme pressure while being threatened by the interrogators,” Sofiane Chouiter, a Canada-based attorney who is providing legal support to Bakhouch, told The Intercept.
Chouiter, the president of the Justitia Center for the Legal Protection of Human Rights in Algeria, obtained a transcript of the interrogation by the Algerian intelligence services showing that Bakhouch, in the course of the encounter, began agreeing with all the accusations made against him. Bakhouch responded to all the questions with “sure, yes,” Chouiter told The Intercept.
The transcript doesn’t include what Bakhouch told Chouiter was the initial part of the interrogation, when the detainee had denied charges of ties to Al Qaeda and Osama bin Laden.
In early October, Bakhouch recanted his testimony before an investigative magistrate and denied the terror charges, Chouiter said. Bakhouch pleaded not guilty at his most recent trial and, in the presence of a judge, again recanted his initial admissions.
“The U.S. responsibility for his welfare did not end when he was transferred to Algeria.”
Being held without contact to the outside world is considered an enforced disappearance and prohibited by international law, United Nations Special Rapporteur on Counter-Terrorism and Human Rights Ben Saul told The Intercept.
“A detainee in custody must be promptly given access to a lawyer and to communicate with family,” Saul said.
Algerian officials admit they did not allow him access to a lawyer or family calls until his 13th day of detention.
“The U.S. responsibility for his welfare did not end when he was transferred to Algeria,” Saul said. “It should be apparent that he should not suffer from any further victimization through the legal system. He has already paid a very heavy price in terms of his health and mental state, and he needs supportive measures of rehabilitation and reintegration, not more punishment.”
State Department “Bullshit”
With a possible end to the Biden administration looming in the next six months, State Department diplomats are running low on time to clean up the legal mess created by an era of rampant arbitrary U.S. detentions and CIA torture.
Thirty detainees remain at the U.S. military prison at Guantánamo Bay in Cuba, with 16 cleared for release and awaiting a resettlement deal. A trial for the men accused of plotting 9/11 has not yet begun. And former Guantánamo detainees scattered across the world battle both their mental scars and the stigma of being branded a “terrorist.”
Last July, a report from The Intercept detailed blistering correspondence between Gorman, Bakhouch’s lawyer, and members of the State Department’s Office of Guantánamo Affairs, where she fought to protect her client from the outcome now at hand. Gorman wrote to the State Department that, without help once he landed in Algeria, Bakhouch would be facing grave dangers.
“I fear my client might become homeless — or worse — locked up,” Gorman wrote in one email.
When Bakhouch wasn’t released following the initial interrogation period and found himself in a form of pre-trial detention, Gorman became enraged by what she said were the State Department’s “bullshit” assurances.
“They did not even know Saeed was sent to prison following his 12 days of interrogation. No one at the State Department was watching or paying attention to anything,” Gorman told The Intercept. “Then, the State Department started backpedaling about their role in Saeed’s transfer. They started claiming to me that once Saeed was released their hands were tied.”
Saul, the U.N. special rapporteur, said the U.S. bears responsibility for making sure its assurances are followed through on.
“Diplomatic assurances must always be effective, meaning that they must be accompanied by monitoring and safeguards to ensure they are enforced in practice, not just empty promises,” he said.
When considering the risk of serious rights abuses in a particular country, such as torture or arbitrary detention, it is important to exercise caution in the use of safeguards. This includes evaluating whether a transfer should proceed at all if the risk is high.
Bakhouch was released in October last year after pressure from the United Nations High Commissioner for Human Rights. Prior to his trial, a group of U.N. experts raised concerns that the U.S. assurances regarding Bakhouch’s treatment were not being upheld.
Despite living with his family after his release, Bakhouch expressed regret for succumbing to pressure and making false statements during interrogation. His lawyer filed an affidavit outlining the severe physical and psychological torture he endured at Guantánamo.
The issue of torture and false confessions is central to the continued existence of Guantánamo and its military court. Despite evidence showing that torture is ineffective in obtaining reliable information, individuals like Bakhouch continue to suffer the consequences of coerced confessions.
Unfortunately, the efforts of the U.N. and legal advocates were not enough to prevent Bakhouch from being returned to prison after his trial. The lack of viable options for individuals like Bakhouch highlights the challenges they face due to the stigma and misinformation perpetuated by the U.S. government.
Overall, the case of Saeed Bakhouch underscores the complexities and injustices inherent in cases involving torture, false confessions, and the legal repercussions faced by individuals caught in the web of counterterrorism efforts.
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