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British Detainee Who Claims Abuse is Returning Home

From the New York Times:

LONDON — A Guantánamo detainee whose case has drawn international attention because of his claims that he was tortured while in C.I.A. custody, is scheduled to arrive back in Britain on Monday, according to his lawyers and British officials.

The detainee, Binyam Mohamed, has been in American custody for nearly seven years, held and interrogated first in Pakistan, then for 18 months in Morocco, before being sent to the Guantánamo Bay prison camp.

His return will end an 18-month stand off between the United States and Britain, which has been seeking his release since August 2007.

It will not, however, end an effort by Mr. Mohamed’s lawyers and some members of Parliament here to obtain photographs that Mr. Mohamed said were taken by an American woman and that showed his injuries, according to notes of his conversations with his lawyer, who provided them to The New York Times.

At the time of his arrest, in April 2002, American officials said that Mr. Mohamed, who has a brother and two sisters living in the United States, was part of a conspiracy to detonate a dirty bomb on American soil. But he will leave Guantánamo without having been charged with any terrorist activity, or other crimes.

“I am confident he will be home tomorrow,” said Clive Stafford-Smith, his lawyer, “and it is not a moment too soon.” A British government official who declined to be identified confirmed this, but would give no other details. On Friday, the British Foreign Office issued a statement that final arrangements were under way for Mr. Mohamed’s release.

American Embassy officials in London refused to comment on the situation, saying that as a matter of policy they could talk about Guantánamo releases that had not happened yet.

The British government began concentrated efforts for Mr. Mohamed’s return in August 2007, but was rebuffed by the Bush administration.

One stumbling block was the restrictions to be put on Mr. Mohamed when he was released. The British government said it could not impose the conditions wanted by the United States, which included electronic surveillance and an official control order, because they violated British and European human rights law.

Mr. Mohamed has agreed to voluntary restrictions, including a lifetime prohibition on travel to the United States, people who have seen the restrictions said. Those people spoke on condition of anonymity, and gave no more details about the restrictions, because the terms of Mr. Mohamed’s release had not been publicly released.

Mr. Mohamed was born in Ethiopia, but his family fled for political reasons in the early 1990s. Mr. Mohamed moved to Britain in 1994, where he was unemployed and into drugs, his lawyer said. In 2000, he went to Afghanistan, to get off drugs (the Taliban had a strict policy against domestic drug use) and to decide whether it was a “good Islamic country or not,” he told his lawyer.

American officials have said that he attended military training camps in Afghanistan. Mr. Mohamed has said he was training to fight in support of Muslim insurgents in Chechnya, and not to carry out terrorist attacks in the United States.

After the fighting broke out between the United States and Taliban in late 2001, Mr. Mohamed fled Afghanistan. He was picked up in Karachi, trying to get on a plane back to Britain, with a false British passport. He said his had been lost.

After several months of interrogation in Pakistan, he was secretly taken on a C.I.A.-chartered plane to Morocco, according to the plane’s flight logs and British officials. The C.I.A. has repeatedly declined to say if he was ever held in Morocco, and has steadfastly denied that Mr. Mohamed, or anyone else in its custody, was ever tortured.

At a news conference here last week, his military lawyer, Lt. Col. Yvonne Bradley of the United States Air Force, said that what Mr. Mohamed endured at Guantánamo “makes waterboarding look like child’s play.”

For 18 months, “I never went outside, I never saw the sun, not even once,” Mr. Stafford-Smith quoted Mr. Mohamed as saying during one of their many sessions at the prison camp. Immediately after each interview, Mr. Stafford-Smith would write down what he had been told and submit it to the military for clearance.

Mr. Stafford-Smith provided the Times with a 25-page memorandum of his interviews with Mr. Mohamed, which had been cleared by the military.

Interrogators in Morocco showed him pictures of various Al Qaeda leaders and asked him if he knew them. He insisted he did not.

One night, three men in black masks and military trousers came in, Mr. Mohamed told Mr. Stafford-Smith. “One stood on each of my shoulders and the third punched me in the stomach,” Mr. Mohamed said. “It seemed to go on for hours,” he said. “I vomited within the first few punches.”

Other times, they tied him to a wall, his feet just off the floor, he said. They brought in women, “naked or part naked,” he said.

On one occasion, while tied to the wall, his clothes were stripped off, he said. Then, one man took a scalpel and made cuts on his chest. Then they cut his genitals, Mr. Mohamed said.

“I suffered the razor treatment about once a month,” Mr. Mohamed said, according to Mr. Stafford Smith’s declassified notes of the interview.

In January 2004, five soldiers, wearing face masks and Timberland boots, dragged him from his cell and stripped him. He heard an American accent.

There was a female in the group. She took pictures of his wounds with a digital camera, he said. “She was one of the few Americans who ever showed me any sympathy,” Mr. Mohamed told his lawyer. “When she saw the injuries I had she gasped. She said, ‘Oh my God, look at that!’”

He was taken to American-run Bagram Air Base in Afghanistan, his lawyer said, where more photos were taken. One of the soldiers told him it was “to show Washington it’s healing,” Mr. Mohamed told his lawyer.

Mr. Mohamed’s lawyers have been trying to obtain the pictures as well as other documents, which they say support Mr. Mohamed’s allegations. A British court has said that the classified documents support Mr. Mohamed’s claims, but the American and British governments have objected to their release.

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