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Father of American Held as “Enemy Combatant” Appeals to Member of Congress

Posted on Thursday August 8, 2002

Father of American Held as “Enemy Combatant”
Appeals to Member of Congress
August 8, 2002

WASHINGTON, D.C. – Esam Hamdi, father of Yaser Hamdi, a U.S. citizen being held in a Norfolk military prison as an “enemy combatant,” has written to key members of Judiciary Committees in Congress appealing for their help.

In his letter, Mr. Hamdi, who was working with Exxon Chemical in Baton Rouge, Louisiana when his son was born, pointed out in his letter that his son is being treated differently that John Walker Lindh even though he has not been charged with any specific crimes. He is asking that his son have access to legal assistance and be informed of the charges against him.

Jean AbiNader, Managing Director of the Arab American Institute (AAI) noted that the facts of the case, as presented by Mr. Hamdi, clearly do not warrant the treatment his son is receiving.

“This is another example of how the Justice Department is turning the Constitution on its head to justify its treatment of unfortunate individuals caught up in the post 9/11 dragnet. The Department’s selective treatment of civil liberties smacks of racial profiling and undermines their claims to be protecting this country’s security when they refuse to extend the fundamental rights of a citizen, regardless of his parents nationality.”

A copy of Mr. Hamdi’s letter is attached. It was sent to members of the House and Senate Judiciary Committees.

• * *

August 5, 2002

To: Senator Patrick J. Leahy – Chairman
433 Russell Senate Office Bldg
(at Constitution and Delaware)
United States Senate
Washington D.C. 20510

From: Esam F. Hamdi
P.O. Box 240
Jubail
Saudi Arabia 31951

Dear Senator Leahy,

I am the father of an American citizen being held as an “enemy combatant” in Virginia. I am writing to you because he needs your help. Although he is an American citizen, my son has been termed an “enemy combatant.” He has not been charged with any crime, nor has he been able to learn what evidence, if any, is being used against him. Furthermore, without legal counsel or judicial proceedings, my son has not been given the opportunity to defend himself or face his accusers – rights he should be granted under the Constitution.

His story is quite straightforward. My son is Yaser Hamdi, born in Baton Rouge, Louisiana, when I was working with Exxon Chemical in the United States. He was caught up in a local dragnet of non-Afghans in Mazar-e-Sharif in Afghanistan in November 2001. He was moved to Guantanamo Bay, Cuba, and then to Norfolk, Virginia when it was decided to search for his birth certificate.

Yaser left our home in Saudi Arabia for Pakistan and then Afghanistan on July 15, 2001 to do relief work in those countries. This was the first time he traveled on his own. Because of his lack of experience, he was trapped in Afghanistan once the military campaign began, although he was able to call his mother before September 11, 2001 to inform her that he would be returning soon to Saudi Arabia. As you can see from the dates, he was in the area of Pakistan and Afghanistan less than two months prior to September 11th, which is not enough time to receive any military training, so how can be considered an enemy combatant?

Yaser was caught at the same time Mr. John Walker Lindh was caught, but unfortunately his rights were not treated in the same way. He was kept in Afghanistan jail for 2-3 months prior to being moved to Guantanamo Bay where he stayed for 2 months before they confirmed that he is an American citizen, then they moved him to the Norfolk jail.

Moreover, his lawyer is not allowed to see him, and we can not talk to him, whereas Mr. John Lindh moved directly from Afghanistan to the USA not going through Cuba and not staying for a long time in a jail in Afghanistan.

I am writing to you seeking your assistance as an American Senator to help in getting the proper treatment for my son’s case and that he is treated fairly as an American citizen, regardless of the background of his parents or the country where he grew up.

Your assistance is highly appreciated.

Best regards,

Esam. F. Hamdi