Released Afghan Detainee Set to Sue U.S.
[Guest post by DRJ]
Catching up on a story from a couple of weeks ago, the Obama Administration has released Mohammed Jawad from Guanatanamo and returned him to Afghanistan:
“Mohammed Jawad returned to Afghanistan this week after a military judge ruled that he was coerced into confessing that he threw a grenade at an unmarked vehicle in the capital in 2002. The attack wounded two American soldiers and their interpreter.
Afghan police delivered Jawad into U.S. custody and about a month later he was sent to the U.S. detention center at Guantanamo Bay, Cuba.
Jawad and his family say he was 12 when he was arrested, and that he is now 19 years old. The Pentagon has said a bone scan showed he was about 17 when taken into custody. His defense lawyers decline to give an exact age for Jawad, who does not have a birth certificate, but say photos taken in Guantanamo showed that he had not gone through puberty.”
Now his family plans to sue the United States:
“Lawyers and family members say Jawad was submitted to various types of torture while imprisoned, including sleep deprivation and beatings.
The family plans to sue for compensation in U.S. courts, said Maj. Eric Montalvo, one of the military lawyers who was defending Jawad. Montalvo, who finishes his military service this month and has already joined a private firm, said he will aid in the process but will not necessarily file the suit.
“I will not allow him not to be assisted,” Montalvo said, explaining that Jawad needs intensive psychological counseling and tutoring to make up for his lack of schooling. Jawad said he wants to become a doctor because he was impressed by the way doctors at Guantanamo helped people.”
For the sake of argument, let’s assume Jawad was wrongfully detained in Afghanistan and that it’s appropriate to release him from Guantanamo. Damages for wrongful detention might make sense, although I don’t know if there’s a basis for it under international law. But damages for the loss of schooling? I suspect Jawad had more access to schooling at Guantanamo than he would ever have had in Afghanistan, unless you count terror training school.
As for allegations of mistreatment, Jawad was apparently so mistreated that he wants to be like his captor’s doctors. If he was so mistreated, you’d think he’d rather be like his lawyer.
— DRJ
Maybe Eric Holder’s former firm can handle the litigation.
daleyrocks (718861) — 9/10/2009 @ 11:18 pmIf only illegal immigrants would assimilate to the American way as well as this Gitmo detainee obviously has…sigh!
Psst, check your first Gitmo spelling.
Gazzer (22ecdc) — 9/10/2009 @ 11:19 pmyou’d think he’d rather be like his lawyer.
There’s some things terrorists just won’t do.
Ok. Ok. I know.
I’m just paying you back for a lost 10 minutes of ‘best blonde joke ever’.
Apogee (e2dc9b) — 9/10/2009 @ 11:34 pmThe real story is why it took us seven years to determine that he was innocent.
nk (df76d4) — 9/11/2009 @ 4:17 amAs for compensation, I would use the standard of that bleeding-heart, ciminal-loving state, Texas, and pay him $80,000 a year for every year he was imprisoned in a lump sum, an annuity of $50,000 a year for life, tuition in the school of his choice for two years, and mental health and medical care for life.
nk (df76d4) — 9/11/2009 @ 4:22 amOr, we could have just shot the little bastard on the battlefield and have been done with it.
Dr. K (eca563) — 9/11/2009 @ 4:25 amI agree with Dr. K on this one. I do think we need to keep some to bleed them of needed intelligence, then put a round through their noggin, preferably with an ACLU lawyer between the gun’s muzzle and the terrorist’s head.
PCD (02f8c1) — 9/11/2009 @ 5:38 amHe needs to sue the afghani government; they were the ones who lied about his combatant status. His other claims are utter BS.
SGT Ted (c47cc2) — 9/11/2009 @ 6:19 amsounds like Montalvo got a bad case of Stockholm syndrome and is now providing aid and comfort to the enemy.
instead of a private firm, he should be PCSing to the barracks at Leavenworth.
Jawad should be awarded 72 virgins.
F’em both.
redc1c4 (fb8750) — 9/11/2009 @ 6:41 amYou’ve convinced me, guys. Those suckass, liberal, bleeding heart, terrorist-coddling, military judges at Gitmo seling us out to America’s enemies every chance they get. What disgraces to their uniforms.
nk (df76d4) — 9/11/2009 @ 7:27 amSeriously, if this boy had doctors like Stashiu (who did serve at Gitmo), it is not at all surprising that he would want to be like him.
nk (df76d4) — 9/11/2009 @ 7:30 amLet’s have the trial, by all means – then the entire world can view how vicious and unfair the US treatment of all of the GITMO prisoners has been over the past 8 years.
Dmac (a93b13) — 9/11/2009 @ 7:32 amIn any case, I don’t believe that there is jurisdiction in our federal courts for a non-resident, non-citizen, to sue the United States.
nk (df76d4) — 9/11/2009 @ 7:40 amBring him to the U.S. on 9-12 for the trial. He probably won’t ever leave. Some people died on 9-11 and no DNA was ever found so it’s possible he won’t ever appear again.
Scrapiron (4e0dda) — 9/11/2009 @ 2:19 pm