Pentagon: Top al-Qaida Operative Escaped
Associated Press/ALICIA A. CALDWELL | November 2 2005

http://www.prisonplanet.com/articles/november2005/021105operativescaped.htm

FORT BLISS, Texas - A man once considered a top al-Qaida operative 
escaped from a U.S.-run detention facility in Afghanistan and cannot 
testify against the soldier who allegedly mistreated him, a defense 
lawyer involved in a prison abuse case said Tuesday.

Omar al-Farouq was one of Osama bin Laden's top lieutenants in 
Southeast Asia until Indonesian authorities captured him in the 
summer of 2002 and turned him over to the United States.

A Pentagon official in Washington confirmed Tuesday evening that 
al-Farouq escaped from a U.S. detention facility in Bagram, 
Afghanistan, on July 10. The official spoke on condition of anonymity 
because of the sensitivity of the information.

An Army lawyer for Sgt. Alan J. Driver, a reservist accused of 
abusing Bagram detainees, asked Tuesday where al-Farouq was and what 
the Army had done to find him in time for Driver's court proceedings.

Capt. John B. Parker, a prosecutor, said al-Farouq and three others 
escaped from the Bagram detention center and have not been found.

"If we find him ... we will make him available," Parker said.

Members of Driver's company, testifying by speaker phone in court 
Tuesday, identified the detainee Driver is accused of abusing as Omar 
al-Farouq, who was featured in a Time magazine cover story in 
September 2002. The article, titled "Confessions of an al-Qaida 
Terrorists," detailed his plans to carry out attacks in Southeast 
Asia, including a plot to bomb U.S. embassies near the anniversary of 
the Sept. 11, 2001, attacks.

Driver's Army lawyer, Capt. Michael Waddington, questioned members of 
Driver's company about who had access to al-Farouq, specifically 
asking whether the CIA had ordered military police officers to do 
certain things to al-Farouq.

Al-Farouq could have been the first detainee to testify against a 
soldier in the Afghanistan prisoner abuse case.

Driver, a reservist from the Ohio-based 377th Military Police 
Company, is charged with maltreatment and assault of three detainees, 
including one who later died, at the Bagram facility in 2002. He is 
accused of slamming al-Farouq against a wall.

In earlier cases of prisoner abuse in Afghanistan, the alleged 
victims either were dead or unidentified. Other alleged victims in 
Driver's case also cannot testify. One was released from custody and 
cannot be found, and the other has died.

Driver is one of 14 soldiers accused in the abuse investigation after 
two detainees died in American custody in 2002.

Military prosecutors had accused Driver of hitting one of the 
detainees while he was shackled in a cell.

During a preliminary hearing Tuesday, lawyers and an independent 
investigator heard testimony from several witnesses who said they saw 
Driver mistreat detainees.

Lt. Col. Roger E. Nell, the investigator, will recommend whether the 
case should be taken to trial or the charges should be reduced or dropped.

Six soldiers have been convicted of or pleaded guilty to abuse 
charges. Two soldiers, both reservists from Driver's unit, were 
acquitted. Charges against another reservist were dropped.


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