LOS ANGELES, Calif. - The U.S. Embassy will protest to the government of the United Arab Emirates regarding the treatment of American citizen Naji Hamdan, who was severely tortured during the three months he was imprisoned by state security forces in the U.A.E.

Sean Cooper, chief consul at the U.S. Embassy in Abu Dhabi, said that, acting at Hamdan's request, the embassy will 'engage' U.A.E. officials 'on this most serious matter' when they return to work next week after the Muslim Eid holiday.

Hamdan, who has been detained in the U.A.E. since August 29, 2008, reported that he believes the U.S. is responsible for his detention, and that U.S. officials participated in his interrogation and possibly his torture while in U.A.E. state security custody. Hamdan said that several of the interrogators spoke American English and did not speak fluent Arabic. He could not see these individuals because his captors always blindfolded him during torture and interrogation sessions. Hamdan also reported that his captors interrogated him about information that only U.S. federal agents had access to, such as his behavior during a prior interrogation by FBI agents at the U.S. Embassy in Abu Dhabi. They also questioned him extensively about his life in the United States, where Hamdan lived for more than two decades.

'These and other details provide strong evidence that U.S. officials not only sought Hamdan's arrest by a foreign government, but apparently participated in his interrogation and torture in violation of federal criminal law,' said Ahilan Arulanantham, director of immigrants' rights and national security for the American Civil Liberties Union of Southern California. Hamdan was charged and transferred to the Al Wathba prison late last month, only one week after the ACLU/SC filed a lawsuit in federal district court in Washington, D.C. seeking his release from the custody of the United States.

'U.S. officials must now take every step possible to end the brutal treatment of this American citizen by a foreign government acting as our proxy, and ensure that he is not prosecuted based on evidence obtained through torture,' Arulanantham said.

Hamdan told his brother, Hossam Hemdan,(CQ) that his captors routinely beat him and kept him in a freezing underground room during portions of his months-long detention by U.A.E. state security forces. His torturers severely beat him on his back, legs, head, and the soles of his feet. The torturers sometimes kicked him in the location of his liver, knowing that he has a liver condition. On at least one occasion, they strapped his arms and legs down to an electric chair, while suggesting that they would use it. They deprived him of sleep by shining a bright spotlight on his face for hours at a time, and engaged in other abuses.

The torture was so severe that he often passed out from the pain, Hamdan told his brother. The agents also threatened to punish Hamdan's wife and family if he did not confess to their allegations that he had engaged in terrorist activity.

It is a crime under U.S. federal law - 8 U.S.C. 2340A -- for U.S. officials to engage in or conspire to commit acts of torture.

'This is a nightmare for Naji and for his whole family,' said Hossam Hemdan. 'People in the United States need to know that this is happening. It's terrible that an innocent U.S. citizen would be treated this way by his own government.'

Last week U.S. District Judge James Robertson ordered the U.S. government to respond to the ACLU/SC's habeas corpus petition to free Hamdan. The government must respond by mid-January.

Date

Friday, December 12, 2008 - 12:00am

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Over three months ago, a U.S. citizen named Naji Hamdan was arrested by the State Security forces of the United Arab Emirates (U.A.E.). He was detained without charges or access to a lawyer until the ACLU filed a lawsuit on his behalf. He has since been released into criminal custody in the U.A.E., and reports that he was severely tortured while in detention, apparently in the presence of American officials. Throughout, the U.S. government claimed to know nothing about why he was detained.

A few weeks before his arrest, FBI agents from Los Angeles flew to the U.A.E. and interrogated Mr. Hamdan at the Embassy for several hours. This interrogation and the subsequent arrest were only the latest episodes in a two-year period during which the FBI intensively surveilled Mr. Hamdan.

Mr. Hamdan's description of the torture and interrogation he endured strongly suggests that American agents have been involved. Although his captors blindfolded him, his interrogators spoke native English with an American accent and were not fluent in Arabic. In addition, the agents interrogated Mr. Hamdan on topics about which only federal agents could have knowledge, such as a meeting he had with FBI agents at the U.S. Embassy in Abu Dhabi. His interrogators also asked him in extreme detail about his life and activities when he lived in the United States.

After his transfer into criminal custody, Hamdan told both his family and the U.S. consular officer who visited him that he had been severely tortured. He was repeatedly beaten on his head, kicked on his sides, stripped and held in a freezing cold room, put in an electric chair and made to believe that he would be electrocuted, and held down in a stress position while his captors beat the bottoms of his feet with a large stick. During this horrific process he said whatever the agents wanted him to say, and those statements may now be used against him in a criminal trial in the U.A.E.

We believe that Mr. Hamdan is the latest victim of the U.S. government's practice of asking foreign governments to detain terrorism suspects whom the federal government cannot itself detain and interrogate under U.S. law -- a practice known as '''proxy detention.' By asking other countries to detain on our behalf, the U.S. government apparently believes it can avoid the constraints of the U.S. Constitution, allowing federal agents to interrogate individuals held in secret, incommunicado detention, without charge or access to a lawyer, and while subject to torture. The countries we partner with, like the U.A.E., typically have poor human rights records and weak protections against prolonged arbitrary detention. Although our government has revealed very little about the proxy detention program, it has been documented by groups such as the NYU Center for Human Rights and Global Justice.

In a perverse way, the government's proxy detention program represents a logical response to the Supreme Court's rulings in the Guantanamo cases. The Supreme Court has repeatedly rejected the government's attempt to create a law-free zone at Guantanamo, ruling most recently in as the government has done far too often in terrorism cases over the last several years ''' they appear to have asked the U.A.E.'s security forces to imprison him so that they could interrogate him free of the constraints of U.S. law. In doing so, American officials would have known that the U.A.E. State Security forces regularly torture those whom they detain. Amnesty on the U.A.E.'s torture record is here.

Our country owes better to its own citizens. The ACLU's habeas petition asks the government to correct its error by seeking Naji Hamdan's release. In addition, we ask the court to order the government to reveal the nature of its involvement in his detention. I hope the courts will step in to correct this grave injustice. Obviously if Hamdan has done something wrong, he should be charged with a crime. But the basis for those charges cannot be statements obtained under torture. If there is no evidence against him, he should be released. Our government owes him nothing less.

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LOS ANGELES, Calif. - An American man detained in the United Arab Emirates at the behest of the U.S. government has been released from state security custody and transferred to a prison in Abu Dhabi, but only after suffering severe torture. Naji Hamdan's transfer came only one week after lawyers for the ACLU of Southern California filed a lawsuit seeking his release.

On December 2, Naji Hamdan, who lived in the Los Angeles area for two decades, was allowed a phone call to his brother, Hossam Hemdan, a resident of Los Angeles. Hamdan reported to his brother that he had been transferred to a regular prison on November 26. Hamdan told his brother that his captors routinely beat him and kept him in a freezing underground room during his months-long detention by state security forces. The torturers sometimes beat him in the location of his liver, knowing that he has a liver condition, and denied him his prescription liver medication throughout his detention. His torturers also beat him on the soles of his feet, deprived him of sleep by shining a bright spotlight on his face for hours at a time, and engaged in other abuses.

The torture was so severe that he often passed out from the pain, Hamdan told his brother. The agents also threatened to punish Hamdan's wife and family if he did not confess to their allegations.

'Naji would never be involved with terrorism, but he has now suffered horrible torture for no reason. I am very worried for my brother's health. The U.S. government must help him,' said Hossam Hemdan.(CQ)

The news of Hamdan's transfer comes after the American Civil Liberties Union of Southern California filed a habeas corpus petition in federal district court in Washington, D.C., alleging that the U.A.E. detained Hamdan at the behest of the U.S. government. On Tuesday, U.S. District Judge James Robertson ordered the government to respond to the petition.

Human-rights organizations such as Amnesty International have documented the U.A.E.'s practice of torturing prisoners, and in particular state security detainees. 'U. S. officials knew that Naji Hamdan would likely be tortured in U.A.E. custody. The news today confirms what we most feared,' said Ahilan Arulanantham, Director of Immigrants' Rights and National Security for the ACLU/SC. 'Now that we know that Naji Hamdan was tortured, it is even more imperative that the U.S. government advocate strongly for his release. So long as the government fails to act, it remains complicit in the torture of this U.S. citizen.'

Hamdan, who was born in Lebanon, lived for two decades in the Los Angeles area, where he ran an auto-parts business and helped manage the Islamic Center of Hawthorne, a mosque and community center. In 2006, he decided to relocate his family and business to the U.A.E.

Hamdan's detention in the U.A.E. was the culmination of years of surveillance by the Federal Bureau of Investigations (FBI). This summer FBI agents traveled from Los Angeles to the U.A.E. to question Hamdan further. Approximately three weeks later he was detained by agents of the U.A.E. state security forces.

Hamdan's brother and others who know him from his activities at the Islamic Center of Hawthorne have all said that he is a peaceful family man who would never support violence.

Image: Hamdan with his daughter, Noor.

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Wednesday, December 3, 2008 - 12:00am

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