Page Date: 1/7/05


 

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Veritas et Libertas-
Truth is Liberty.
Hard jobs, hard assignments, and sometimes hard luck.  But when the truth is finally told, the world will know that these men were the type you don't find anymore, committed to the liberty of America, the defeat of terrorists, for God,
and Country...
no holds barred.

How You Can Help:

Warren Zevon sang about lawyers, guns, and money.  Jack doesn't need money, nor does he want it, but he says he sure could use some more guns and a lot more lawyers.  To find out more about that, just visit his Co-Counsel page:

Actually, Jack isn't asking anyone for a dime.  He never has.  Contrary to the false accusations and libelous comments on blogger sites, and in numerous articles (take a look at the SuperPatriots' webpage about Lying Journalists and Lying Sources), neither Jack, or any member of TASK FORCE SABER 7 has ever taken a donation or a single dime from anyone.

To read about the rest of the lawyers visit the Lawyers, Guns, and Money Page

Read More about the Geneva Convention and POW Status Legal Brief Jack & his men filed with the Central information Bureaux in Geneva Switzerland, on the right side of the page.

The press have called TASK FORCE SABER 7 personnel "mercenaries."  One headline from the NY Times (ala Jason Blair hype) is in some of our banners saying "Mercenaries in Afghan Case Get 8 to 10 years."  It is clear that these men are not, nor ever were mercenaries. See: GC Protocols Article 47.  The TF SABER 7 Geneva Convention Legal Brief/Letter clearly forecloses any argument to even consider they are or were "mercenaries."  For the record, Jack does point out that NY Times' reporter Carlotta Gall has gotten the facts right where other journalists have distorted facts, fabricated events, and outright lied.  Even more importantly, since Gall started attending trials, the Times has been the most accurate report of these events in the media.  But, the editor that picked the headline should have consulted the law, and a dictionary.

The Geneva Convention Books about the laws and rules that certain bloggers say do not exist.

Contrary to press assertions, reports, and theories, it is undisputable that all seven of the defendants had Geneva Convention POW status.  POW status is established by simply asserting the status upon capture or arrest in a conflict area.  At that point you have POW status.[1]  After that, it is up to the high contracting party (one of the countries that is a party to the conflict) to either accept or deny status.  However, status continues until such time as a Geneva Military Tribunal meets and either awards permanent status, or rejects status.  But, and this is an important but, from the moment of assertion, a person "in custody" or "confinement" has automatic status the moment they assert that status, either verbally or in writing.[2] TASK FORCE SABER 7 personnel did that very quickly, and followed it up in writing.

Within 24 hours they asserted their Geneva Convention Status, within 30 days they asserted status in writing, and 60 days later they filed a complete legal grounds brief with the Central Information Bureaux in Switzerland, and copied the Red Cross- the guardians of the Geneva Convention.[3]

Inside the File- the proof of POW Status

The Court's file contains clear and convincing, in fact, irrefutable evidence that the men of TASK FORCE SABER 7 are POWs under the Geneva Conventions and accompanying protocols. However, the TF SABER 7 POWs have not been allowed to see the file, or to use it in their defense.  The file that Judge Bakhtyari concealed from everyone, except journalists that paid him under the table, contained pictures of TF SABER / 7 in military uniforms, operating with international military forces, in meetings with top government officials, pictures of their vehicles- with Ministry of Defence license plates,[4] Afghan military ID Cards, Afghan military visas, and authorization documents from Commander Massoud's top-level Northern Alliance commanders (who were now Corps Commanders & General Officers in the Interim government Ministry of Defense). Their US ID cards, US Passports, GC ID cards, and military authorization documents were immediately removed from evidence by the FBI and have never been seen again.  Why?  Because of Abu Ghraib and the FBI.  The US government was still reeling from the Abu Ghraib pictures in July 2004, and were not about to be linked in anyway to more Americans "torturing" poor innocent Muslims, and a senior religious judge (even if they were terrorists who had killed before and were planning to kill again).  But the fact is there were no beatings, terrorists hanging by their feet, or dipped in boiling water, or any of the other patently false "bullshit" the press has reported.  If there were, you would have seen pictures of it by now.  Since then Malawi Sidiq, the Taliban Judge that is part of Hekmatyar's terrorist group, has been caught on covert videotape discussing his arrest and admitting that all of the torture and abuse allegations were made up to turn the US government against the terrorist hunters. Sidiq was also caught meeting with Hekmatyar in December 2003 when this picture was taken and later discovered by TF SABER 7 during a raid on wanted terrorists Malikyar's compound.

More importantly, on February 7th, 2005, the Afghan Court of Appeals, over great objections by BOTH governments (US & Afghan) cleared the men of ALL torture charges in a secret hearing where undercover video and audio evidence was played for the court.  Then, in March 2005, the Court stripped Sidiq of his Mawlawi honorific title and relegated him to "Mr."  The Appeals Court is  apparently aware of something the US refuses to admit, that Sidiq is in fact a terrorist.

Photo of the actual Motion.

Bakhtyari conducted numerous trial hearing without giving the defendants counsel, even though several of them filed written motions.  Nor did he allow the cross-examination of government witnesses or defense witnesses.  The Geneva Convention is very clear on this issue.

Section III Article 72 specifically outlines and mandates the "Right of Defence."  It states that; "Accused persons shall have the right to present evidence necessary to their defense and may, in particular, call witnesses [Note: this was never allowed- not once] [5].  They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.  It is indisputable that Karzai's government completely refused to abide by any of these International Rules of Law or treaties which Afghanistan signed before Karzai was born.

Photo of the Motion and Jack showing a top National Security Advisor giving mission approval on video.  The tape disappeared from evidence the very next day.

The Geneva Convention is also very clear on this issue.  Section III Article 72 also specifically outlines and mandates the "Right of Defence"  ß II, which states "Accused person shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court.  They shall have the right at any time to object to the interpreter and to ask for his replacement.

Taliban Judge Abdul Baset Bakhtyari repeatedly violated this rule over and over, in full view of the press and even laughed about it on numerous occasions, yet not one journalist reported this- a few basically reported sometimes "there were 'problems' with the translation."

The translator requirements, as outlined above are also rules of international law, required in the trial of ANY foreign national, regardless of GC POW status.  Bakhtyari's violations of this international law, signed by the government of Afghanistan and adopted into law on December 10, 1948 under UN General Assembly Resolution 217 A (III) are patently egregious.  They are not an option, they are international law.  If Afghanistan wants international aid, they need to follow international law.  Anyone considering investing money in Afghanistan ought to be thinking twice right about now.

In July 2004, Bakhtyari's Court basically held a press conference, because the three witnesses that did "testify" were not sworn in, and according Bakhtyari, were for public information purposes only.  It you get right down to it, the trial was a press conference, not a trial. 

Then Bakhtyari provided a former Soviet Official as a translator, who wasted no time interjecting his own thoughts on the defendants' guilt and talking about what horrible people they were.  Of course he wasn't actually translating anything during this time, just offering his opinion to the court.  This was common at every hearing, six different translators were used by Bakhtyari, and three acted as prosecutors, often refusing to translate Jack's words, and in spite of Jack's constant objections. 

The Embassy, under threats from Northern Alliance Generals, finally provided an interpreter for a half day.[6] 

He was the only translator that Jack approved of, and was a man hired from the University and who was translating the Interim Criminal Codes and laws for the government.  He translated Jack's words perfectly, even the passion and inflection of Jack's tone, and was promptly fired by Bakhtyari and threatened with arrest if he ever set fought in the court again.  After lunch, the trial continued with no translation.  Jack went "ballistic" and accused the US Embassy of intentionally sabotaging the trial, pointing at US Consul Sandra Ingram in the front row, who simply shrugged her shoulders and smiled.  At the next hearing the communist interpreter returned, and so did the fiasco.

John Edwards Tiffany, Esquire,
is a powerhouse attorney from Bloomfield, NJ that specializes in federal criminal defense cases.  He has represented international criminal and civil clients of notoriety in the US, Haiti, Africa, and other countries.  His father is a former US Marine.  He is very much involved in cases involving National Security interests. 

A native New Yorker, he lost friends in on 9/11, and Tiffany's strength is his tenacity and resilience.  More so, his complete lack of fear.  The DYNCORP bomb went off a few blocks from his hotel in Kabul blowing out his hotel windows (it was done by the bombers Jack had arrested and some of their associates).  Tiffany was not fazed.   He did not skip a beat in the defense of Jack and Task Force Saber/7 the next day.  Where others might cringe at the thought of taking on a US Ambassador or the FBI, Tiffany relishes the idea. 

Tiffany has made it clear to just about everyone, that he believes in the complete innocence of Jack and his men.  John Tiffany's most important attribute may be the most dangerous thing opponents have to fear--  loyalty.

Are TASK FORCE SABER / 7
Men Prisoners Of War? -

Prisoner Of War status has become a hot issue in the War On Terror. (See: AP articles on Saudi AQ Terrorist Yaser Esam Hamdi captured in Afghanistan in 2001. Newsweek, June 28, 2004; an illegal combatant who was reclassified as a POW subject to Geneva Convention Protections; and, Jose Padilla vs. US).  The DOD has started calling POWs by the relatively new name- EPWs- Enemy Prisoners of War and by another brand new name- Illegal Combatants, aka, Enemy Combatants.  The legal grounds to deny POW and Geneva Convention status to al-Qaida, Iraqi, and Taliban terrorists is simple-- they don't meet the requirements of Rule 4 of the Geneva Convention for Combatant Prisoners.  Few terrorists do.  To see these rules, follow this footnote: READ RULE 4.   TASK FORCE SABER 7 followed these requirements to the very letter of the law (See POW Status Request below).

Terrorists don't wear uniforms, have ID Cards, carry their weapons openly, wear unit patches (what would it say? AQ Killer Group with two burning towers as a logo?), or any of the other things required by Rule 4, except that they might be subordinate to a commander (like bin Laden, Hekmatyar, Mullah Omar, etc).   But being subordinate to a madman does give rise to GC protections, you need to follow all of the requirements of Rule 4.

Some people say that one man's terrorist is another man's freedom fighter.  Cute saying, but not legally correct.  Freedom fighters and guerillas, historically, wear uniforms- no matter how ragged or mismatched, they carry their arms openly, rarely target civilian women and children, have military ranks and often have Identity Cards. Examples include; Tito's resistance in WWII, Cuba- 1950's, Dominican Republic- 1960's, Nicaraguan Sandinistas- 1970's, the  Salvadoran FMLN and the US backed Contras in the 1980's, Karen Rebels-1990's, and Commander Massoud's Mujahadeen resistance against the Soviets between 1980 and 1989, and Massoud's Northern Alliance resistance against he Taliban between 1996-2005.

On the flip side, you have the Taliban, al-Qaida, and other terrorist organizations, which do none of these things.  Nor do they abide by or follow the Rules of Land Warfare {GC Article 4 ß 2 (d)}.  Terrorists indiscriminately kill women and children through acts of terror.  Terrorists behead their hostages (as compared to Jack, who was denounced by the Taliban Judge/bomber he captured for failing to allow the terrorist to use the bathroom for a full twelve hours).  Terrorists are defined as people who engage in "the calculated use of violence or threat of violence to inculcate fear; intended to coerce or intimidate governments or societies in the pursuit of goals that are general political, religious, or ideological (US Army Special Forces Force Protection Handbook; Joint Pub 1-02 dated March 23, 1994)

The Taliban Judges and Taliban Prosecutors (supposedly "former") that Karzai re-appointed to their positions in a secret "power-sharing" deal with Mullah Omar, are, in spite of their government positions, terrorists.  The terrorists' weapons and explosives were hidden in pillows, mattresses, and underground (see graphic at top of column- SEMTEX and Alpha1X2 explosives hidden in Serajan's pillow).  They used false names and counterfeit ID, they never wore uniforms (although they often wore black turbans), and they never followed the laws of land warfare.  The bombers arrested by TF SABER 7 killed indiscriminately through acts of terror and assassination.

Digital Version of Task Force Saber Geneva Convention POW Status Request

This Document Was Originally Surreptitiously Written in Longhand at the Kabul NDS/Amniat Sedarat “Extreme Interrogation” Facility in August and September 2004.  It Was Then Copied On Various Scraps Of Paper To Create Multiple Copies For Red Cross, Afghan, and US Officials.  US and Afghan Officials Refused to Accept the Documents And Responded With Continued Torture of Those Individuals Attempting to Correspond With the UN and Red Cross Geneva Convention Offices.  Finally, After Repeated Attempts, the Document Was Completed and Updated Again in Late September 2004 and Secretly Transmitted to Geneva Through a US Attorney, and Later Through Red Cross Legal Personnel in October 2004.  The Full Original Text Follows Below.  The Last Page Contains an Attachment With a Photographic Reproduction of the Third Original Request.  The First Requests Were Confiscated by NDS.

How the Geneva Convention Affects the Trial:
Filed in October 2004-POW Status Demand

[Reduced Size Text in Brackets] was NOT in the Original Request but is added for clarification of issues.

Exempt From Postal Dues Under Article #110

To:             Geneva Convention (ATTN: Article 140)

                  Information Bureaux and Central Agency

                  Prisoner Of War Status and Request

                  C/O Office of the United Nations

                  High Commissioner for Human Rights

                  Geneva, Switzerland

Copy to:      U.S. Ambassador, Afghanistan
Through:     U.S. Consul, Russell Brown
                  United States Embassy 

Copy To:     Interim President Hamid Karzai
                   Kabul, Afghanistan, Presidential Palace

Dear Commissioner of the Central Information Bureaux

For the Geneva Convention of 1949 on Prisoners Of War;

The following individuals
and persons;
 

1. Jack K. Idema, American
   Commander, Task Force Saber/7

2. Brent Bennett, American
   Exec. Officer, Task Force Saber/7

3. Edward Caraballo, American
   War Correspondent,
   Accompanying TF Saber/7

4. Ezmerai Amin, Afghan
   Major, Task Force Saber/7 –

5. Abdul Wahid Rasuli, Afghan
   Lt., Task Force Saber/7 –

6. Sahail Sahibi, Afghan
   Administrative Non-Combatant –

7. Sherzai Ahmadi, Afghan
   Facilities Worker Non-Combatant –

Hereby request immediate Prisoner Of War status under the applicable Geneva Conventions for Protected persons relative to:  A) Combatants, B) War Correspondents, and C) Civilian Non-Combatants in time of war.

Specifically:

IDEMA, BENNETT, WAHID RASULI, EZMERAI, each claim POW status as combatant prisoners of war under the following circumstances and criteria;

1. Each were employed by the U.S. Counter-Terrorist Group;

2. Each carried their arms openly;

3. Each was responsible and subordinate to a commander.

4. The unit designation was Task Force 7, later changed to Task Force Saber/7, the unit, under the original name of Task Force Saber operated in Afghanistan against Taliban and al-Qaida forces since the start of hostilities in October 2001, and was from the start of the war until present time, subordinate to both, a commander in the United States and/or to the corps commanders of the United Front Military Forces in Afghanistan.

5. Each man wore a distinctive uniform and recognizable insignia;

   1. An American Defense Logistics Agency issue uniform;

   2. An American flag on the left breast and right shoulder;

   3. Uniform standardized combat equipment (i.e., LBE, boots, etc.);

   4. A distinctive emblem on all aircraft and vehicles used in military operation (i.e., A/C N.A. symbol – vehicles American and N.A. flag);

   5. A distinctive I.D. card worn on military operations.

6. Each man operated according to the laws and customs of war and abided by the Geneva Convention;

7. Each man carried a Geneva Convention identity card with name, rank, duty, position, identity number, and organization.

EDWARD CARABALLO, claims Geneva Convention status as a War Correspondent POW accompanying Task Force Saber/7 in that;

1. He was formally attached to the unit;

2. He never carried arms or participated in military operations other than as an observer;

3. He carried a Geneva Convention identity card identifying him as an embedded journalist;

4. He is a well known journalist [with 25 years experience], having worked for CBS, ABC, NBC, CNN, UPN, and other networks for almost twenty years.  He has won numerous awards for journalism, including four (4) Emmy Awards specifically for news reporting.

SAHAIL SAHIBI and SHERZAI AHMADI, claim Civilian Non-Combatant status as Civilian Prisoners of War, in that;

1. They were Non-Combatants employed by the Counter-Terrorist Group;

2. They never wore a uniform or carried any weapons;

3. They never participated in or engaged in, or were present for any military operation;

4. They operated solely as administrative personnel and/or house staff at one of the units compounds in Kabul;

5. They were subordinate to the Task Force Saber/7 commander;

6. They carried Geneva Convention Non-Combatant I.D. cards.

Note: See Articles 13(2), 13(3), 13(4) of the Geneva Convention entered into force 21 October 1950.  The Combatant version is not available, but states similar or the same criteria.  [US Embassy Consul Sandra Ingram refused to provide copies of the Convention to the prisoners in direct violation of International Law.]

A.  Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members [This and #1 apply to Jack, Bennett, and the other Americans not originally captured/arrested by Karzai's Pro-Taliban government] of other militias and members of other volunteer corps, including those of organized resistance movements, belong to a Party to the conflict and operation in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movement fulfill the following conditions:
   1. that of being commanded by a person responsible for his subordinates;
   2. that of having a fixed distinctive sign recognizable at a distance;
   3. that of carrying arms openly;
   4. that of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power [Major Amin, Lt. Banderas- UFMF] [Northern Alliance].
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents [Caraballo], supply contractors... [ ] provided that they  have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5. [Refers to Aircrews]
6. [Refers to inhabitants, who upon invasion, take up arms]

Return to your Original Point

Furthermore, under the Geneva Convention of 1949 for Combatants, in spite of press reports and media characterizations to the contrary, we are not mercenaries (or “vigilantes”) by legal definition(s), the definition under the Geneva Convention, or under any other definition(s); in that;

1. We were not, and have never been, paid by a foreign power or nation.

2. Neither American or Afghan personnel assigned to Task Force Saber/7 ever swore loyalty to any foreign power.

3. All Afghan Combatants, including those that escaped and were not captured, were serving officers, commissioned rank, in the United Front Military Forces (a.k.a. Northern Alliance) and the Afghan Ministry of Defence (previously the Northern Alliance.)

4. The judge presiding over the various trials conducted announced during his final verdict that we were all part of or working for the “resistance forces.”  [It was later disclosed that this Judge was a former Member of the Taliban].  Apparently, some parts of the government, have now categorized Commander Ahmad Shah Massoud’s United Military Forces (the Northern Alliance Mujahadeen) as illegal and/or unrecognized, and in opposition to the Interim Government, in spite of the fact that they were U.S. allies during the 2001–2004 war.[7]  The Court, and Karzai Government has also ignored the fact that Commander Massoud’s Northern Alliance were part of the 2001 Bonn Conference (which recognized them as the legitimate government in exile) and were made part of the Interim Government, which will not change until December 2004.

2. In cases not covered by the Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience. [In other words, regardless of Combatant POW Status, Karzai's government MUST ensure a fair trial and the legal protections of due process in accordance with the convention whether they like it or not.]

Readers Note: Section II of the PROTOCOLS Additional To The Geneva Conventions of August 12, 1949, Articles 43 and 44 state, in part:

Article 43 - Armed Forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, group and units which are under a command responsible to the Part for the conduct of its subordinates, even if that party is represented by a government or an authority not recognized by an adverse party...  [note: This applies to Jack, Bennett, Amin, Banderas, and others not originally captured/arrested by Karzai's Pro-Taliban government]

Article 44 - Combatants and prisoners of war

1.  Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

Article 47 - Mercenaries

1.  A mercenary shall not have the right to be a combatant or prisoner of war [note: Of course the press was calling them "mercenaries" any other title would support their claims].
2. A mercenary is any person who:
   1. is specially recruited locally or abroad in order to fight in an armed conflict;
   2. does, in fact, take a direct part in the hostilities;
   3. is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensations substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
   4. is neither a national of a Party to the conflict nor a resident of a territory controlled by a Party to the conflict.
   5. is not a member of the armed forces of a Party to the conflict; and
   6. has not been sent by a State which is not a Party to the Conflict on official duty as a member of its armed forces.

Final Readers Note: These guys are COMPLETELY excluded from this category on every issue, and any argument or characterization of them as mercenaries or bounty hunters is completely foreclosed by law.
 

The Balance of the Geneva POW Status Request Follows Below
From the Original TF SABER/7 Letter:

Open a new window in your browser and read the entire
text of the Geneva Convention.

Open a new window
in your browser and
read the U.N. Law.

You are reading to the right
the  POW Status Legal Brief
Jack & his men filed with the
Central information Bureaux
in Geneva Switzerland.

BACKGROUND FACTS:  In 2004, Task Force Saber/7 assisted in, participated in, or independently conducted military operations known as Operation Rubicon, Operation Monk, Operation Roadrunner, and Operation Acme, including assisting U.S. and NATO forces in Operation Enduring Freedom.  All of Task Force Saber/7’s activities were in furtherance of the U.S. and Coalition War on Terror and ongoing efforts to continue the liberation of Afghanistan and to permanently defeat Taliban and al-Qaida terrorist force waging a guerilla war and resurgence in Afghanistan.  Prior to this, Task Force Saber personnel had participated in numerous other operations between October 2001 to 2004, including combat advisor operations in Operation Anaconda in March 2002, [Operation BroadSword and other classified operations] and humanitarian assistance and rescue operation during the Nahrin earthquake disaster.  All of these activities were conducted as part of, or attached to, the Northern Alliance Anti-Taliban Forces.

 In July 2004, the seven persons identified on page one, #’s 1 through 7, were captured by forces loyal to Hamid Karzai and with the assistance or cooperation of forces in opposition to the Northern Alliance.  This was, upon information and belief, orchestrated by Taliban and Hezb-i-Islami forces loyal to Mullah Omar and Gulbideen Hekmatyar, with the full knowledge and approval of (Interim) President Hamid Karzai.  The reasons for this are unknown, but Task Force Saber/7 had interdicted the planned assassinations of two of Hamid Karzai’s political opponents, including Karzai’s lead opponent in Afghanistan’s new election under the Bonn Agreement.

The capture was peaceful and without the active employment of arms.  Each of the seven (7) members were told they were not being arrested or captured, and only that the commander was being requested directly by President Karzai to meet with the American FBI.  However, when Task Force Saber/7 Combatants left their weapons, all Task Force Saber/7 personnel were arrested.  Five other Task Force Saber/7 Combatants escaped surreptitiously.  All were commissioned officers in the unit and in the Ministry of Defence.  Should they be arrested or captured at a later date, we would be claiming POW protected status for them at that time.

In late June 2004, POW status was claimed for all seven of the persons listed above.  This claim of protected status was asserted verbally to General Amrullah [Saleh], Chief of NDS (during his personally supervised torture of the unit commander – July 5-6, 2004), and verbally to Sandra Ingram for the U.S. Consul in late July.  Also, in writing on two occasions directly to Sandra Ingram for the U.S. Ambassador, and again in writing, in September 2004 to U.S. Consul Russell Brown, witnessed by two American Attorneys.  On each occasion mentioned above Task Force Saber/7 personnel have requested a copy of the Geneva Convention for Combatant Prisoners of War.  U.S. and Afghan officials have repeatedly stated our personnel cannot claim POW status, and will not be given copies of the 1949 Geneva Convention on Combatant POWs. 

Further, the U.S. State Department has ordered the U.S. Embassy NOT to provide copies of the Geneva Convention requested.  The U.S. Consul has provided (after a FOIA request) copies of the Geneva Convention for Civilian POWs, and for Shipwrecked and Sick POWs, but not the Geneva Convention which specifically applies to the Combatants assigned to Task Force Saber/7.

Therefore, we are requesting two (2) copies each of that document in both English and Dari, in accordance with Article 99.

Among the current serious violations of the Geneva Convention are the following (Note: all Geneva Convention violations are referenced to the Civilian and/or Sick POW Provisions since we have not been allowed a copy of the applicable Combatant POW Agreement.); 

1.   All but one member of the unit has been physically tortured.  Torture of the commander consisted of beating (it is believed that a Palace official was personally aware of, at a minimum, the initial torture at NDS Headquarters); boiling water, starvation, extensive corporal punishment, threats of death, and assault with various implements, resulting in broken ribs, separated sternum, torn rotator cuffs, hemorrhaged eyes, multiple concussions, lacerations, contusions, and multiple bruises.  Other members of the unit have been tortured with electricity, beaten, subject to falaca, threatened with execution, beaten with sticks, threatened with scorpions on strings, attempted rape, and threatened with a knife while told there eyes, nose, and lips would be cut off.  In most instances this was to extract confessions, or information, or statements against other members, and was, occasionally for enjoyment.  Much of this torture was conducted by “former” Taliban officials and/or “former” Taliban members, and at the direct orders of deputies and officials under President Hamid Karzai.

2.   The three (3) American POWs were charged with crimes – however, an English or understandable version of the charges and/or indictment was never given to them in any form as required by law.

3.   Numerous trials were held, all of which extensively violated Geneva Convention rules (Articles 71, 72, et. seq.), and the Interim Government Criminal Code (violation of Articles numbered; 5(4), 5(5), 5(6), 5(7), 4(1), 15, 16, 18, 19, 20, 23(3), 31(1), 32(3), 38, 43, 39(6), 49, 50, 51, 52, 53, 55, 58, and the Geneva Convention on Human Rights, all of which were legally adopted by the Government of Afghanistan and to which Hamid Karzai was bound.

4.   The most egregious of these violations included; A) failing to appoint interpreters for the defendants, B) failing to appoint competent counsel, or any counsel at all, C) failing to swear witnesses under oath (only one witness testified under oath – the Task Force Saber/7 commander who demanded the Court follow the law), D) failing to allow cross-examination of government witnesses, E) withholding and destroying exculpatory evidence, F) announcing a verdict before the trial began, and more.

5.   Interpretation during the trial was completely incompetent, in many cases intentionally incorrect, and often not done at all.  In the final trial translation, it was conducted by a former official in the anti-American prior Soviet-backed government.  He was clearly biased and anti-American in violation of Article #115.  The chief judge, Abdul Basset Bakhtyari, believed to be a former member of the Taliban and close friends with the government’s main witness and alleged “victim” who was a high official in the Taliban Government and currently a recruiting official for the Hezb-i-Islami terrorist organization and Gulbideen Hekmatyar – who is currently on the U.S. State Department’s Most Wanted Terrorist list (in violation of Articles #115, 146).  And this is just brief overview.

6.   As to violations of the two separate Geneva Convention covering the seven (7) individuals, these violations are so numerous as to be beyond the scope of this letter, and without a copy of the Geneva Convention, relating to Combatants, impossible to accurately list at this time.  However, the most blatant violations include; A) denial of a fair trial (violations of Articles #3, 71, 72); B) torture (violations of Articles #27, 32, 147); C) theft of personal property and looting (violations of Article #53, 97): D) confiscation of all identity documents, including I.D. documents issued by the U.S. Government and Geneva Convention Identity Cards (violations of Articles #53, 97); E) prior (during NDS custody) deplorable and horrendous living conditions (prior violations of Articles #55, 76, 98,116, 124, 125, 127); F) complete violations of Articles #72, 106, 107, 110, 118, 144, and others not able to be quoted without the applicable Geneva Convention for POW Combatants.

7.   It should be made clear, and noted, that although conditions were deplorable and in direct violation of the Geneva Convention, the United States Government failed to intercede, in fact refused to intercede in complete violation of their duty as a high contracting party to the Geneva Convention and an occupying military force in Afghanistan.  However, on or about September 16, 2004, his Excellency, the Afghan Minister of Justice interceded and transferred all seven (7) Prisoners of War out of NDS custody to a Ministry of Justice controlled facility (Pulacharke) and placed all seven personnel under his direct control.  Since the Minister of Justice interceded, all torture has ceased, and the Minister of Justice, his general officers, and their men, have gone to extraordinary efforts to not only meet, but exceed, all Geneva Convention requirements regarding treatment, and even interceded in other areas to assist.  In fact, the Afghan Ministry of Justice, and Minister’s men have repeatedly interceded with other government authorities in an attempt to protect the rights of all seven (7) POWs, for which we are all grateful. 

In summary, all three (3) Americans captured are entitled to immediate POW status.  All Afghan Combatants, including those not captured yet, were serving commissioned officers in the United Front Military Forces and/or Ministry of Defence and Northern Alliance MOD.

THEREFORE, it is clear that all members of Task force Saber/7 in custody be immediately afforded POW status. 

Lastly, by and through this letter we request;

1.  Immediate Geneva Convention POW status and all rights and privileges accorded until such time as a Geneva Convention hearing can be held;

2.  A new a fair trial in accordance with the Geneva Convention;

3.  Continued custody by only the Ministry of Justice, and a trial overseen by the Ministry of Justice and Geneva Convention officials to protect our rights, with a bar to release back to NDS or any other custody outside the control of the Minister of Justice;

4.  A meeting with the UNHCR – Geneva Convention and Central Information Bureaux representatives to outline our case and grounds for POW status;

5.  Sanctions against the United States and Afghan Governments for repeated, intentional, and grave violations of the Geneva Convention. 

Thank you for your assistance and swift consideration of our condition. 

Best Regards, Courage Forward,

_____S/_____
Jack K. Idema,
Commander, Task Force Saber

U.S. Address: Counter-Terrorist Group, P.O. Box 691, Fayetteville, NC  28301

Afghan Address: Jack Idema, POW, C/O Russell Brown, U.S. Consul, U.S. Embassy,
Great Massoud Road, Kabul, Afghanistan

Diplomatic Pouch Address: Jack Idema, Commander TASK FORCE SABER; POW;
C/O Russell Brown, U.S. Consul, 6180 Kabul Place, Dulles, VA  20189-6180

Note: Please copy all three addresses with return mail replies.

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