Feb 1, 2005

Kafka Would Have Found Some Mirth

Judge Green cited the case of Mustafa Ait Idr, who was accused of associating "with a known al-Qaeda operative" when he lived in Bosnia. Faced with the allegation, Mr. Idr asked the tribunal the name of the alleged al-Qaeda member so he could identify him, but he was told this information was classified.

"These are accusations that I can't even answer," the detainee told the tribunal in exasperation. "You tell me I am from al-Qaeda, but I am not an al-Qaeda. I don't have any proof to give you except to ask you to catch bin Laden and ask him if I am part of al-Qaeda."

The judge said that the exchange might have been considered humorous if the consequences of the detainee's designation as an enemy combatant had not been so "terribly serious."

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