About the Case of the SuperPatriots


Page Date: 3/7/05 Updated: 5/11/05 Case Related Links: Hot Links:	This is the most controversial case in the history of Afghanistan, and a one of the most important cases in the War On Terror. It is a case that all Americans should not only watch, but understand why and how it could have happened in a state of war. Use the buttons at the left to move around the legal section of the site and get the most accurate information on the case, evidence, documents, and people. There have been over a dozen documents filed by the defense in the Primary Court Case. Not one was ever ruled on, or given even a cursory consideration by Judge Bakhtyari. In fact, when documents were referred to in open court, Bakhtyari would say he would grant them, then refuse to talk about that issue ever again. Even when a motion was clearly granted in open court, it was denied and ignored forever after. The press categorized these arguments in court as "Jack's interpretation" of the law because they were either too lazy, or too uneducated to get a copy of the Interim Criminal Code. Many of these document we now have online here. Watch for these graphics which accompany actual documents in the Second Court (The New Trial) which are posted full text with a photo of the document's first page, as are some documents from the first court, although most of those were written longhand with a contraband pen and smuggled out of the NDS Saderat Torture Facility by Afghan sympathizers. These documents and filings have NEVER been published before, and have been ignored by the media. Photo of the file in Maxim Magazine Although the Defendants have never been allowed to see the Court's file, nor have the lawyers that flew there to help the SuperPatriots during the summer, the evidence file has been widely distributed. In fact, Judge Bakhtyari, and Prosecutor Mohammed Nahim Dawari offered the files up for sale on a regular basis. The going rate for a journalist to see the file was $100. The Secret NDS File cost $150 to photograph (that included Prosecutor Dawari delivering it to the journalist's guesthouse or hotel room), and for a $50 tip NDS would leave it with you overnight. The picture in the graphic below, which appeared in a major monthly magazine magazine, was taken when Dawari brought the confidential evidence file to a journalist's hotel (if this isn't breaking the chain of evidence nothing is). In other words, neither the defense lawyers or the defendants could see, read, or even touch, the secret NDS file, but journalists could buy a copy at anytime. Oh, yeah, this was a fair trial, just ask any first year law student. The Geneva Conventions 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.[4] At that point you have POW status. 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. TASK FORCE SABER 7 personnel did that very quickly, and followed it up in writing. To Read More about the Geneva Convention and the POW Status Legal Brief Jack and his men filed with the Central information Bureaux in Geneva Switzerland, click on the button above.	Your Gateway Into The On-Going Litigation in One of The World's Most Controversial Cases- The case is officially titled: The Islamic Court of Afghanistan National Security Division NDS (Amniat), vs. Mr. Jack, Mr. Brent, Mr. Ed, Major Ezmerai Amin, Lt. Wahid Rasuli, Syhail Shohabi, and, Sherzai Ahmadi, Defendants. NDS, or AMNIAT, is the National Directorate of Security, the Afghan's KGB, designed and built by the KGB and throughout the years has been responsible for the murder and torture of more people than any other KGB styled organization in Central West Asia. It is run by an American citizen named Amrullah Saleh, who was recruited by the FBI to run the organization in 2004. On July 5, 2004, forces loyal to Hamid Karzai, and working directly for the American FBI, used perfidy (a violation of the Geneva Convention) to request a meeting with Jack and Task Force Saber 7, which was operating with the Northern Alliance Ministry of Defense, Security Service, Secret Service, and National Security Council to apprehend and interdict terrorists and terrorist attacks. This mission had been ongoing for three years. However, the US State Department had issued a secret memorandum to the Department of Defense ordering all contact and assistance to Commander Massoud's [1] Panshir Army and Northern Alliance [2] terminated, and Karzai's former Taliban forces from the south supported instead. It was well acknowledge by National Security Council directors that Jack and his men had stopped several assassinations of high-ranking government officials, and prevented the firebombing of US Bagram Airbase which was estimated to have potentially killed more than 500, and possibly as many as 1000 American soldiers. Apparently, the FBI was not happy with this. You can visit the FBI pages to learn more about this. Instead of a "friendly meeting" the men were arrested at Kabul NDS Headquarters and turned over to former Taliban officials at NDS. When first "arrested," the men were placed in the NDS' underground torture chamber where Jack and Zorro were subjected to beatings until they were unconscious. Major Ezmerai was electrocuted for days, and the screams could be heard throughout NDS. Syhail and Sherzai were beaten, threatened, and Sherzai finally drugged when he refused to sign a statement against Jack. Bennett was interrogated relentlessly, and threatened with death repeatedly shown a knife and told his ears and nose would be cut off. A series of hearings and trials began, overseen by a Taliban Judge and a "former" Taliban prosecutor. The men were allowed no contact, repeatedly tortured and interrogated for almost 90 days, brutalized and housed in 6x9 mud cells with six or seven al-Qaida and Taliban terrorists. They were given two cups of rice and one piece of bread per day. Most lost at least twenty pounds, some thirty. By Mid-August 2004, Attorney John Edwards Tiffany (pictured below) had arrived from NY with the legal team he assembled. It would not do much good. The Taliban Judge (are you ever "ex-Taliban"?) would ignore the Rule of Law completely. The men were convicted of all charges, in spite of extensive evidence of innocence. The FBI confiscated much of the evidence and eventually all of the evidence in the case, leaving them with no way to defend themselves. They were charged with illegally entering the country, kidnapping, and torture. Sentenced to terms of prison ranging from five years (Lt Banderas) to eight years (Caraballo a journalist) and finally ten years, Captain Bennett and Jack, the TF SABER 7 Commander. The entire trial violated the Afghan Criminal Code, and not one shred of actual evidence was ever presented against the men. No prosecution witnesses testified under oath, no cross examination ever allowed, and even the defense statements were not allowed to be read, nor did the Court provide competent interpreters and most of the time the men had no idea of what was being said in court. [3] The NUMBER ONE question remains; how were a "former" Taliban Judge, and "former" Taliban prosecutor allowed to preside over a trial of six men who had fought the Taliban and helped free the country, along with a journalist who was clearly there as an observer? We attempt to answer that question and many more on this special legal section of the SuperPatriots website. How You Can Help: Actually, Jack isn't asking anyone for a dime. He never has. Warren Zevon sang about lawyers, guns, and money. Al-Qaida tried to kill Jack and the others on December 17, 2004. In the process, two Iraqis, one Arab, and one Pakistani terrorist were killed, another Arab terrorist was critically wounded but survived. Four Afghan military officers were killed defending the SuperPatriots. Two of them were very close friends, including Colonel Sherzaman, who ran into the middle of the terrorists with just one magazine of bullets. The Colonel killed two and wounded one. The remaining terrorists critically wounded the Colonel, and then executed him twenty yards from the SuperPatriots. Northern Alliance Generals quickly came to Jack's aid and rescued the unarmed Americans as they held off 300 terrorists with barricades. That is what REALLY happened, so we assure you that press reports to the contrary are complete fiction and fabrication. Jack doesn't need money, nor does he want it, but there is little doubt that these guys could use some more guns (especially since there have now been SEVEN al-Qaida assassination attempts on them in seven months. They also need a lot more lawyers, because it looks like they are trying to take on the world. To find out more about that, just visit Jack's Docket.
	Footnotes [1] The United Front Military Forces, more commonly known as the Northern Alliance. The N.A. was commanded by Commander Ahmad Shah Massoud, under the political leadership of President Rabanni. This was acknowledge as the rightful and legal government during the time of the Taliban, and operated in exile, holding out in North Eastern Afghanistan and maintaining control of roughly 15% of the country. The NA maintained Embassies in Washington, Dushanbe, Tashkent, Delhi, and London, among other places. The NA was fully recognized by the United Nations and the United States as a legitimate government and resistance force against the Soviets, and later the Taliban. Therefore, because all Task Force Saber/7 members were officially attached to the NA, and Major Amin and Lt. Banderas were commissioned serving officers in the NA, it is clear that they have full status. [2] The United Front Military Forces aka Northern Alliance is more specifically outlined in the historical information footnote above along with their legal status and relationships regarding the Geneva Convention. Bakhtyari's categorization of the NA as a Resistance Force (of course it was- in the resistance AGAINST the Taliban) makes it clear that Bakhtyari was looking at this case from a Taliban point of view. Further, it provides evidence and support for full G.C. POW status to all members of Task Force Saber/7. [3] Geneva Convention Protocol I, Part III, ß II, Article 45, 1, which states; "A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he SHALL [emphasis added] continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal." [4] 1. Only one witness testified under oath at the Primary Court Trial- Jack, who refused to testify unless he could testify under oath on the Koran. 2. Only 5 people testified during the second trial, ALL defense witnesses, all demanded to be sworn. 3. Not one prosecution witness has ever testified in either trial. The 3 prosecution witnesses that spoke in the first trial DID NOT TESTIFY. They were not sworn under oath and the Court (Judge Bakhtyari) announced the three (3) people were only providing background facts for the press. No questions were allowed. No cross-examination, and no confrontation, in violation of the law. Therefore, it was a press conference, not a trial.


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	Disclaimers, Notices, and Legal Threats With the exception of Magazine covers or News Logos or headline photos, or graphics depicting news and blogging sites being sued by the SuperPatriots, ALL information on this site is copyrighted by the authors, CTG, The SuperPatriots, and/or Caraballo Video/Ed Caraballo. It may not be used without permission, nor reprinted in any way. News agencies and licensed educational institutions and/or universities may link to this site without permission. No Blog or Blogger may link to this site in anyway without written permission, specifically, but not limited to Flogging. No news organization involved in litigation with any one of the SuperPatriots may link to or quote from this site, specifically including; Columbia Journalism Review, New York Magazine, The Dallas Morning News, Accuracy in the Media (an oxymoron), or the Associated Press. Any violation, regardless of how small, will be met with litigation under the United States Federal Copyright Acts of 1909 and 1976, 17 U.S.C. ßß 101 et seq.
	EVERYTHING ON THIS WEBSITE IS COPYRIGHT PROTECTED UNDER US COPYRIGHT LAW AND THE BERNE CONVENTION All sections about the past and ongoing criminal case in Afghanistan were built with the assistance of the American & Afghan Prisoners of War in Pulacharke Prison. It was assembled and created as a public service by citizens concerned with truth and accuracy in the media. The world's press have already told the other side more than a thousand times, and rarely truthfully. This site is differs from all other reports because it is based on fact, not fiction.
	© 2005 The SuperPatriots - Copyright Acts of 1909 and 1976, 17 U.S.C. ßß 101 et seq. SuperPatriots is the Service Mark of American and Afghan Patriots in the War on Terror
	Site Designed and Donated By RDX Graphics Corporation Ω The Last Line of Defense

Page Date: 3/7/05
Updated: 5/11/05
Case Related Links:

Hot Links:

This is the most controversial case in the history of Afghanistan, and a one of the most important cases in the War On Terror. It is a case that all Americans should not only watch, but understand why and how it could have happened in a state of war.

Use the buttons at the left to move around the legal section of the site and get the most accurate information on the case, evidence, documents, and people.

There have been over a dozen documents filed by the defense in the Primary Court Case. Not one was ever ruled on, or given even a cursory consideration by Judge Bakhtyari. In fact, when documents were referred to in open court, Bakhtyari would say he would grant them, then refuse to talk about that issue ever again. Even when a motion was clearly granted in open court, it was denied and ignored forever after. The press categorized these arguments in court as "Jack's interpretation" of the law because they were either too lazy, or too uneducated to get a copy of the Interim Criminal Code. Many of these document we now have online here.

Watch for these graphics which accompany actual documents in the Second Court (The New Trial) which are posted full text with a photo of the document's first page, as are some documents from the first court, although most of those were written longhand with a contraband pen and smuggled out of the NDS Saderat Torture Facility by Afghan sympathizers. These documents and filings have NEVER been published before, and have been ignored by the media.

Photo of the file in Maxim Magazine

Although the Defendants have never been allowed to see the Court's file, nor have the lawyers that flew there to help the SuperPatriots during the summer, the evidence file has been widely distributed. In fact, Judge Bakhtyari, and Prosecutor Mohammed Nahim Dawari offered the files up for sale on a regular basis. The going rate for a journalist to see the file was $100. The Secret NDS File cost $150 to photograph (that included Prosecutor Dawari delivering it to the journalist's guesthouse or hotel room), and for a $50 tip NDS would leave it with you overnight. The picture in the graphic below, which appeared in a major monthly magazine magazine, was taken when Dawari brought the confidential evidence file to a journalist's hotel (if this isn't breaking the chain of evidence nothing is). In other words, neither the defense lawyers or the defendants could see, read, or even touch, the secret NDS file, but journalists could buy a copy at anytime. Oh, yeah, this was a fair trial, just ask any first year law student.

The Geneva Conventions 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.[4] At that point you have POW status. 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. TASK FORCE SABER 7 personnel did that very quickly, and followed it up in writing.

To Read More about the Geneva Convention and the POW Status Legal Brief Jack and his men filed with the Central information Bureaux in Geneva Switzerland, click on the button above.

Your Gateway Into The On-Going Litigation in One of The World's Most Controversial Cases-

The case is officially titled:

The Islamic Court of Afghanistan

National Security Division

NDS (Amniat),
vs.
Mr. Jack, Mr. Brent,
Mr. Ed, Major Ezmerai Amin,
Lt. Wahid Rasuli, Syhail Shohabi,
and, Sherzai Ahmadi,
Defendants.

NDS, or AMNIAT, is the National Directorate of Security, the Afghan's KGB, designed and built by the KGB and throughout the years has been responsible for the murder and torture of more people than any other KGB styled organization in Central West Asia. It is run by an American citizen named Amrullah Saleh, who was recruited by the FBI to run the organization in 2004.

On July 5, 2004, forces loyal to Hamid Karzai, and working directly for the American FBI, used perfidy (a violation of the Geneva Convention) to request a meeting with Jack and Task Force Saber 7, which was operating with the Northern Alliance Ministry of Defense, Security Service, Secret Service, and National Security Council to apprehend and interdict terrorists and terrorist attacks. This mission had been ongoing for three years. However, the US State Department had issued a secret memorandum to the Department of Defense ordering all contact and assistance to Commander Massoud's [1] Panshir Army and Northern Alliance [2] terminated, and Karzai's former Taliban forces from the south supported instead. It was well acknowledge by National Security Council directors that Jack and his men had stopped several assassinations of high-ranking government officials, and prevented the firebombing of US Bagram Airbase which was estimated to have potentially killed more than 500, and possibly as many as 1000 American soldiers. Apparently, the FBI was not happy with this. You can visit the FBI pages to learn more about this.

Instead of a "friendly meeting" the men were arrested at Kabul NDS Headquarters and turned over to former Taliban officials at NDS. When first "arrested," the men were placed in the NDS' underground torture chamber where Jack and Zorro were subjected to beatings until they were unconscious. Major Ezmerai was electrocuted for days, and the screams could be heard throughout NDS. Syhail and Sherzai were beaten, threatened, and Sherzai finally drugged when he refused to sign a statement against Jack. Bennett was interrogated relentlessly, and threatened with death repeatedly shown a knife and told his ears and nose would be cut off.

A series of hearings and trials began, overseen by a Taliban Judge and a "former" Taliban prosecutor. The men were allowed no contact, repeatedly tortured and interrogated for almost 90 days, brutalized and housed in 6x9 mud cells with six or seven al-Qaida and Taliban terrorists. They were given two cups of rice and one piece of bread per day. Most lost at least twenty pounds, some thirty.

By Mid-August 2004, Attorney John Edwards Tiffany (pictured below) had arrived from NY with the legal team he assembled. It would not do much good. The Taliban Judge (are you ever "ex-Taliban"?) would ignore the Rule of Law completely. The men were convicted of all charges, in spite of extensive evidence of innocence. The FBI confiscated much of the evidence and eventually all of the evidence in the case, leaving them with no way to defend themselves. They were charged with illegally entering the country, kidnapping, and torture. Sentenced to terms of prison ranging from five years (Lt Banderas) to eight years (Caraballo a journalist) and finally ten years, Captain Bennett and Jack, the TF SABER 7 Commander.

The entire trial violated the Afghan Criminal Code, and not one shred of actual evidence was ever presented against the men. No prosecution witnesses testified under oath, no cross examination ever allowed, and even the defense statements were not allowed to be read, nor did the Court provide competent interpreters and most of the time the men had no idea of what was being said in court. [3]

The NUMBER ONE question remains; how were a "former" Taliban Judge, and "former" Taliban prosecutor allowed to preside over a trial of six men who had fought the Taliban and helped free the country, along with a journalist who was clearly there as an observer?

We attempt to answer that question and many more on this special legal section of the SuperPatriots website.

How You Can Help:

Actually, Jack isn't asking anyone for a dime. He never has. Warren Zevon sang about lawyers, guns, and money.

Al-Qaida tried to kill Jack and the others on December 17, 2004. In the process, two Iraqis, one Arab, and one Pakistani terrorist were killed, another Arab terrorist was critically wounded but survived. Four Afghan military officers were killed defending the SuperPatriots. Two of them were very close friends, including Colonel Sherzaman, who ran into the middle of the terrorists with just one magazine of bullets. The Colonel killed two and wounded one. The remaining terrorists critically wounded the Colonel, and then executed him twenty yards from the SuperPatriots. Northern Alliance Generals quickly came to Jack's aid and rescued the unarmed Americans as they held off 300 terrorists with barricades. That is what REALLY happened, so we assure you that press reports to the contrary are complete fiction and fabrication.

Jack doesn't need money, nor does he want it, but there is little doubt that these guys could use some more guns (especially since there have now been SEVEN al-Qaida assassination attempts on them in seven months. They also need a lot more lawyers, because it looks like they are trying to take on the world. To find out more about that, just visit Jack's Docket.

Footnotes

[1] The United Front Military Forces, more commonly known as the Northern Alliance. The N.A. was commanded by Commander Ahmad Shah Massoud, under the political leadership of President Rabanni. This was acknowledge as the rightful and legal government during the time of the Taliban, and operated in exile, holding out in North Eastern Afghanistan and maintaining control of roughly 15% of the country. The NA maintained Embassies in Washington, Dushanbe, Tashkent, Delhi, and London, among other places. The NA was fully recognized by the United Nations and the United States as a legitimate government and resistance force against the Soviets, and later the Taliban. Therefore, because all Task Force Saber/7 members were officially attached to the NA, and Major Amin and Lt. Banderas were commissioned serving officers in the NA, it is clear that they have full status.

[2] The United Front Military Forces aka Northern Alliance is more specifically outlined in the historical information footnote above along with their legal status and relationships regarding the Geneva Convention. Bakhtyari's categorization of the NA as a Resistance Force (of course it was- in the resistance AGAINST the Taliban) makes it clear that Bakhtyari was looking at this case from a Taliban point of view. Further, it provides evidence and support for full G.C. POW status to all members of Task Force Saber/7.

[3] Geneva Convention Protocol I, Part III, ß II, Article 45, 1, which states; "A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he SHALL [emphasis added] continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal."

[4] 1.    Only one witness testified under oath at the Primary Court Trial- Jack, who refused to testify unless he could testify under oath on the Koran.
    2.    Only 5 people testified during the second trial, ALL defense witnesses, all demanded to be sworn.
      3.    Not one prosecution witness has ever testified in either trial. The 3 prosecution witnesses that spoke in the first trial DID NOT TESTIFY. They were not sworn under oath and the Court (Judge Bakhtyari) announced the three (3) people were only providing background facts for the press. No questions were allowed. No cross-examination, and no confrontation, in violation of the law. Therefore, it was a press conference, not a trial.

Click on the Banner Above to Return Home

Disclaimers, Notices, and Legal Threats
With the exception of Magazine covers or News Logos or headline photos, or graphics depicting news
and blogging sites being sued by the SuperPatriots, ALL information on this site is
copyrighted by the authors, CTG, The SuperPatriots, and/or Caraballo Video/Ed Caraballo.
It may not be used without permission, nor reprinted in any way. News agencies and licensed educational institutions and/or universities may link to this site without permission. No Blog or Blogger may link to this site in anyway without written permission, specifically, but not limited to Flogging. No news organization involved in litigation with any one of the SuperPatriots may link to or quote from this site, specifically including; Columbia Journalism Review, New York Magazine, The Dallas Morning News, Accuracy in the Media (an oxymoron), or the Associated Press.
Any violation, regardless of how small, will be met with litigation under the
United States Federal Copyright Acts of 1909 and 1976, 17 U.S.C. ßß 101 et seq.

EVERYTHING ON THIS WEBSITE IS COPYRIGHT PROTECTED
UNDER US COPYRIGHT LAW AND THE BERNE CONVENTION

All sections about the past and ongoing criminal case in Afghanistan were built with the assistance
of the American & Afghan Prisoners of War in Pulacharke Prison.
It was assembled and created as a public service by citizens concerned with truth and accuracy in the media.
The world's press have already told the other side more than a thousand times, and rarely truthfully.
This site is differs from all other reports because it is based on fact, not fiction.

SuperPatriots is the Service Mark of American and Afghan Patriots in the War on Terror

Site Designed and Donated By RDX Graphics Corporation Ω The Last Line of Defense