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http://www.projecthamad.org

Adel Hamad was a teacher of elementary school orphans, a hospital worker,
and someone who coordinated the delivery of food, medicine and blankets to
refugees. He has been imprisoned for 5 years and classified as an enemy
combatant, despite the lack of any allegations or evidence that he ever
acted against the U.S. or its allies, or even had political sympathies for
those who did. His friends and colleagues describe him as a funny,
apolitical man who loved charity work and ping-pong. One of the U.S. Army
Majors at his Tribunal called his detention unconscionable.

Growing evidence shows that the majority of prisoners in Guantanamo Bay
have not committed any belligerent act against the U.S. or its allies.
These prisoners, who have no legal recourse, have not been given their day
in court. Nor have their detentions been scrutinized by a judge. They
remain in jail year after year, separated from their families, often not
fully knowing the accusations against them or the identity of their
accusers.

The CIA, the Defense Department, commanders in the military, have all
acknowledged that there are many innocents in jail. Yet instead of
expediting their release, Congress recently eliminated the writ of habeas
corpus, an essential safeguard enshrined in our Constitution against an
unchecked executive power. Before habeas corpus existed, rulers could
throw people in jail without justification and without the prisoner having
the right to defend himself in court.

The good news is that with the convening of the new congress in 2007,
several senators are pressing to revisit the Military Commission Act,
which nullified habeas corpus. This will no doubt help to shed new light
on the situation of the detainees at Guantanamo Bay, and improve the
chances of the release of those who are innocent.


Accusations and Rebuttals: The Case Against Hamad

Adel Hamad has never been accused of a belligerent act against the United
States. Despite not being captured on a battlefield (Mr. Hamad was
arrested in the middle of the night from his bed) the U.S. nevertheless
categorized him as an enemy combatant. Below are the 3 allegations that
the administrative tribunal uses to justify Mr. Hamad's continued
detention. There is little logical consistency to these allegations as you
will discover when you read the rebuttals following each one.

Accusations

1)The hospital Adel Hamad worked for was run by a charity (World Assembly
of Muslim Youth or WAMY) that may support "terrorist ideals"

Adel Hamad's job at the Afghani hospital involved buying food for the
hospital and writing vouchers. Later in the district office of WAMY in
Pakistan he was responsible for getting relief supplies (food, clothing,
blankets) for the Afghan refugees coming across the border.

At Adel Hamad's administrative review tribunal at Guantanamo he denies
that WAMY is a terrorist organization and poses an important question: If
you truly believe WAMY is a terrorist organization why are you arresting a
simple employee rather than the president of the charity or the people who
support it financially?

The U.S. Army Major, who dissented in his case, concurred: "Even if
elements of certain NGOs provide support to terrorist ideals and causes
that is insufficient to declare an employee of said NGO an enemy
combatant; to do so would lead to unconscionable results: one would have
to declare all physicians, nurses and aid workers of any suspect NGO as
enemy combatants; the ramifications of such logic would lead to unforeseen
and unconscionable results."

Article 20 of the 4th Geneva Convention states: Persons regularly and
solely engaged in the operation and administration of civilian hospitals,
including the personnel engaged in the search for, removal, and
transporting of and caring for wounded and sick civilians, the infirm and
maternity cases, shall be respected and protected.

WAMY is not a Foreign Terrorist Organization (FTO) according to the State
Department's own watch list.

WAMY worked regularly with the United Nations, the World Health
Organization and the World Food Program.

In fact, the United Nations High Commissioner for Refugees wrote: "UNHCR
wishes to express gratitude and appreciation to WAMY for the humanitarian
assistance, most notably, the commendable primary health care it provided
to the Afghan refugees in Old Bagzai camp, Kurram Tribal Agency."


2)In the course of his work with refugees Adel Hamad may have come into
contact with Al-Qaeda or Taliban members

The dissenting Army Major in Adel Hamad's Administrative Review at
Guantanamo states: "The fallacy of logic that seeks to classify Hamad as
an enemy combatant because he may have come in contact with al Qaeda
member in the course of providing aid to refugees, or teaching at a
school, would also provide support that a local merchant who 'came in
contact' with al Qaeda members could be detained as an enemy combatant."

Adel Hamad's own words: "If I was a criminal, with association to those
criminals, why would I return to Pakistan knowing that the Pakistani
intelligence was arresting al Qaeda members?"

According to doctors who worked at the same WAMY hospital in Afghanistan
as Hamad, this hospital was in an area where the Taliban had very little
influence. The area was supported by powerful local tribal leaders which
prevented the Taliban from having much control over the hospital. In fact,
one of the doctors, Dr. Sailani, transferred to that hospital for that
very reason because the Taliban was enforcing strict rules of how one
could cut their hair at other hospitals.

Interviews with Dr. Sailani, and Dr Roghman (both WAMY hospital
physicians) and Dr Najib (the hospital director and general surgeon)
reveal that Hamad never spoke about politics, that there was no
anti-American activity at the hospital and that Hamad did not have
contacts outside the hospital grounds.


3)Adel Hamad is an Enemy Combatant

Adel Hamad was not captured on a battlefield. Instead he was arrested in
the middle of the night from his own home. He had a valid passport and
work visa and Pakistani intelligence found nothing incriminating in his
place of residence.

No allegations have been made against Adel Hamad that he engaged in
terrorism, acts supporting terrorists, violence against the United States
or any belligerent act.

Interviews with his employers, his colleagues, his brother-in-law, and his
landlord all describe Adel Hamad as a family man with a good sense of
humor, a man who never spoke of politics, who was not a radical or an
extremist.

-------

By joining Project Hamad you are not declaring that Adel Hamad or any
other detainee is innocent. You are joining others in calling for the
restoration of habeas corpus, that anyone detained by the U.S. government
has the right:

To know the accusations against them

To have a lawyer

To have the merits of their case reviewed by a federally appointed judge

Adel Hamad and other detainees, who to this day have never been charged
with a crime, deserve this. You can help this cause by spreading the word
of Project Hamad to your friends and family.

Go to http://www.projecthamad.org/
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