Joseph Margulies, a law professor at Northwestern University in Chicago and US counsel for Abu Zubaydah said: "To recognize Abu Zubaydah as a victim is to accept his humanity, which is the first essential step to recovering from the hysteria of 9/11. It is not surprising, that this step should be taken by the Poles before the Americans."
Bartlomiej Jankowski, Polish cousel for Abu Zubaydah said: "Following the arrangements made with Mr Jerzy Mierzewski, the prosecutor in charge of the investigation, who personally informed me that Abu Zubaydah is recognized as a victim, I will now be able to review at least some of the unclassified documents in the investigation file. We also expect to be given access to the classified documents. Secrecy should not be used to shield gross human rights abuses from disclosure to the Polish public. The Polish criminal investigation should also receive full cooperation from the US government, which should promptly comply with Poland's legal aid request. It is impossible to speak about justice in this case without hearing the victims as witnesses, whether directly in Poland or at least by video conference."
INTERIGHTS Litigation Director Helen Duffy said: "The Prosecutor's decision is a welcome first step, but the Polish government must do much more to vindicate Abu Zubaydah's rights. As a recognised victim, he should now be entitled to take part in the investigation and to uncover information concerning his abuse. It remains to be seen whether the cloak of "state secrecy' currently surrounding the investigation will be lifted and the Polish authorities will show their commitment to justice. Justice cannot be secret."
Reprieve Director Clive Stafford Smith said: "We cannot expect to learn from history, and avoid repeating our mistakes, if we do not know what that history was. So it is vital that European complicity in the CIA renditions programme is brought into the light, and the prosecutor's decision is an important step towards that goal. This investigation is not about the persecution of individual officials, but rather about establishing a clear picture of exactly what happened in order to ensure that it does not happen again. It is crucial that those who created the programme and gave the orders are not permitted to pretend it never happened."
For more information please contact Sarah Harrington at INTERIGHTS on +44 (0)20 7843 0472, or Katherine O'Shea at Reprieve's Press Office on +44(0)20 7427 1099.
Background on Abu Zubaydah
Zayn al-Abidin Muhammad Husayn, more commonly known as Abu Zubaydah, is a stateless Palestinian born in Saudi Arabia. He was held in secret detention by the CIA of the United States of America from the time of his abduction from a house in Faisalbad, Pakistan on 28 March 2002 until approximately 6 September 2006, when it was announced that he was transferred to the custody of the US Department of Defence ("DOD") at Guantà ¡namo Bay. He remains in indefinite detention in DOD custody at Guantà ¡namo Bay. However, he has never been charged with any crime, neither in proceedings before a military commission nor in a civilian court.
Abu Zubaydah was the first so-called "high value detainee" to be captured, detained and interrogated by the CIA. For the purpose of his interrogation, the CIA devised a set of "enhanced interrogation techniques" intended to create a state of learned helplessness through the application of severe physical and psychological stress. According to former CIA Director George Tenet, once Abu Zubaydah was in custody, the CIA "got into holding and interrogating high-value detainees " in a serious way." He is one of three detainees subjected to the waterboard, and US government documents show that he was waterboarded at least 83 times in one month.
Throughout the period of Abu Zubaydah's secret detention, interrogation and torture by the CIA he was falsely alleged to be a member of al-Qaeda and a close associate and senior lieutenant of Osama bin Laden. He was also falsely alleged to have had a role in various al-Qaeda terrorist acts -- including the attacks on 11 September 2001. After more than six years of incommunicado detention, Abu Zubaydah obtained access to US lawyers, who challenged his detention in US courts and forced the US Department of Justice to withdraw all such allegations. The United States no longer alleges Abu Zubaydah was ever a member of al-Qaeda or that he supported al Qaeda's radical ideology. The United States no longer alleges that Abu Zubaydah was an associate of Osama bin Laden or that he was his senior lieutenant. The United States no longer alleges that Abu Zubaydah had any role in any terrorist attack planned or perpetrated by al-Qaeda, including the attacks of 11 September 2001 [although it now has a new ploy, as described in my articles, Abu Zubaydah: Tortured for Nothing, In Abu Zubaydah's Case, Court Relies on Propaganda and Lies and Algerian in Guantà ¡namo Loses Habeas Petition for Being in a Guest House with Abu Zubaydah].
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