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New Evidence May Clear Bremen Taliban

Heike Zeigler (nda)March 10, 2005

Lawyers campaigning for the release of "Bremen Taliban" Murat Kurnaz from US custody are hoping new evidence will clear him. Meanwhile, the German government is taking flak from his supporters for not helping enough.

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Murat Kurnaz has been a prisoner in Guantanamo Bay since 2002Image: DW-World

Bremen resident Murat Kurnaz had been studying the Koran at a school in Pakistan when, in early 2002, the Turkish-born apprentice ship worker was snatched by Pakistani Special Forces.

The man who was soon to become known as the "Bremen Taliban" was arrested under anti-terrorism laws and taken from his home. The 21 year-old's life took a very different and harrowing direction on that day.

Kurnaz was handed over to the Americans as part of the agreement between the United States and Pakistan in their collaboration in the war on terror. Since his arrest, he has been held at the notorious Camp Delta in Cuba's Guantanamo Bay along with many other so-called enemy combatants.

No evidence of terror links, says lawyer

Guantanamo Camp Delta Eingang
Image: AP

But recently acquired evidence may help the efforts to release Kurnaz. The American lawyer Baher Azmy revealed to the German press on Wednesday that previously confidential papers relating to the case show that the United States government has kept Kurnaz imprisoned despite knowing for the best part of three years that he had no connections with any terrorist group.

"These (papers) point to the fact that the US government, for many years, has known that Kurnaz has neither connections with al-Qaeda or the Taliban or with terrorism in general," Azmy told reporters in Bremen.

These revelations back up a similar judgment made by the Federal High Court judge Joyce Hens Green in January of this year. Out of the 50 cases she has been dealing with, the Kurnaz case has stood out.

Hens Green said at the time that there was presently no evidence that linked Kurnaz with any terrorist organization or proved that he had any intent to commit a terrorist act. She concluded that there was no judicial basis for holding Kurnaz in custody without end.

Mistreatment claims

Taliban Gefangene in Guantanamo
Image: AP

Baher Azmy has visited Kurnaz twice during the last few months and has described him as a peaceful and pensive person who, in Azmy's opinion, has had nothing to do with terrorism.

However, despite the American legal professor's assessment of the imprisoned Bremen Taliban, Kurnaz is still suffering from the conditions enforced on him in Guantanamo Bay. After refusing to cooperate with the military personnel in the camp, Kurnaz had his food rations stopped. He also claims that he has been sexually humiliated in interrogation rooms by female officers.

"On two occasions, women in bikinis have tried to touch and excite him," Azmy told the reporters. When he tried to protect himself, soldiers came and beat him in his cell, the lawyer added.

German government called on for help

Galerie Bundesländer Bremen Rathaus UNESCO
The city hall, Bremen.Image: AP

Azmy is just one of the lawyers who have called on the German government to take over the responsibility for the Kurnaz case. So far, nothing has been done on the grounds that, while Kurnaz was brought up in Bremen, he holds Turkish nationality.

"The intervention by the German government in the case of Murat Kurnaz is not only necessary but should be considered under the law of human rights," says Bremen lawyer Bernhard Docking, a supporter of federal involvement. "The German government is not obliged to do anything but they could. And it this we call for."

The governments of Britain and France have successfully lobbied for their Guantanamo prisoners to be returned to home soil. Only a few days ago, three French detainees were given the green light to leave Camp Delta for France.

But Docking fears that even if Kurnaz is released, he may not be allowed back to Bremen. The lawyer has been in contact with Bremen Interior Minister Thomas Röbekamp about the possibility of letting Kurnaz return to the city if he is released. The minister has so far yet to yield but Docking continues to hope for a quick and unbureaucratic solution.