Cyrus Kar

Last updated
Cyrus Kar
Born (1961-03-18) March 18, 1961 (age 63)
Nationality Iranian
Occupation Film director

Cyrus Kar (born March 18, 1961, in Tehran, Iran) is an Iranian-born American film director, and vindicated alleged terrorist who was captured by United States forces in Iraq on May 17, 2005, while filming a documentary on the life of Cyrus The Great. [1] On July 10, 2005, he was released from custody after his family sued, accused the U.S. government of violating his civil rights and detaining him after his clearance by the FBI. He has been accused of smuggling washing machine timers for use in improvised explosive devices in a taxi he was riding into Baghdad.

Contents

Early life

Although born in Iran, his family moved to Germany when he was two and then to America when he was five, where he was brought up in the American culture. He returned to Iran at nine, where, barring one year in Germany, he lived until returning to America at 14. He attended kindergarten and elementary school in Utah, high school in Washington and subsequently entered the Navy, attaining the rank of Third Class Petty Officer. [2]

After leaving the navy, he attained degrees from San Jose State University and Pepperdine University. He also worked in Silicon Valley for 13 years before starting a film career.

Controversy

Kar began working on a documentary film about his namesake Cyrus the Great (Persian King) and visited England, Germany, Iran, Turkey, Afghanistan, and Tajikistan for shooting before obtaining permission from the US government to visit Iraq. He arrived in the country on May 7, 2005, and was arrested after ten days of filming on May 17 by Iraqi security forces before being handed over to US forces. He was then taken to Abu Ghraib prison before eventually ending up in Camp Cropper, where he spent the remainder of his incarceration in solitary confinement. According to the ACLU, he had been permitted three phone calls and a visit from the ICRC.

On July 6, the American Civil Liberties Union filed a petition for habeas corpus on Kar's behalf. On July 10, he was released from military custody. [3]

On an August 24, 2005, segment on the Nightline television show Kar described painful and humiliating abuse from US personnel, while in custody in Iraq. [4]

Lawsuit

On July 7, 2006, Kar sued Secretary of Defense Donald Rumsfeld and other military officials, calling the government's detention policies unconstitutional. [5] [6] He also claimed that he was hooded, threatened, taunted and insulted by US soldiers. The lawsuit said his detention violated his Civil rights, Geneva conventions as well as International law. "Human rights monitors note that the vast majority of the over 15,000 detainees in U.S. military custody in Iraq have never been charged, tried, provided counsel, or allowed to challenge their detention in court, and over one-fifth of them have been detained for over a year in this manner," the suit states. "Mr. Kar was imprisoned by the United States military in Iraq without the slightest hint of legal authority," said Mark Rosenbaum, a senior attorney at the American Civil Liberties Union, filing the lawsuit on his behalf. "Saddam Hussein has had more due process than Cyrus Kar; this is a detention policy that was drafted by Kafka." [2] The lawsuit was voluntarily dismissed in July, 2008 after the US Army Field Manual FM 3-24 adopted Common Article 3 of the Geneva Convention governing U.S. detention operations.

Related Research Articles

<span class="mw-page-title-main">José Padilla (criminal)</span> American terrorist incarcerated in a US federal prison

José Padilla, also known as Abdullah al-Muhajir or Muhajir Abdullah, is a United States citizen who was convicted in a federal court of aiding terrorists.

Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.

<span class="mw-page-title-main">Abu Ghraib torture and prisoner abuse</span> 2004 American military scandal

During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq. These abuses included physical abuse, sexual humiliation, physical and psychological torture, and rape, as well as the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs by CBS News in April 2004, causing shock and outrage and receiving widespread condemnation within the United States and internationally.

About six months after the United States invasion of Iraq of 2003, rumors of Iraq prison abuse scandals started to emerge.

Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.

Rumsfeld v. Padilla, 542 U.S. 426 (2004), was a United States Supreme Court case, in which José Padilla, an American citizen, sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detention by the military as an "unlawful combatant."

<span class="mw-page-title-main">Mohamedou Ould Slahi</span> Mauritanian author and former Guantanamo Bay detainee

Mohamedou Ould Slahi is a Mauritanian engineer who was detained at Guantánamo Bay detention camp without charge from 2002 until his release on October 17, 2016.

<span class="mw-page-title-main">Yaser Esam Hamdi</span> Suspected Taliban member who got captured

Yaser Esam Hamdi is a former American citizen who was captured in Afghanistan in 2001. The United States government claims that he was fighting with the Taliban against U.S. and Afghan Northern Alliance forces. He was declared an "illegal enemy combatant" by the Bush administration and detained for almost three years without charge. On October 9, 2004, on the condition that he renounce his U.S. citizenship and commit to travel prohibitions and other conditions, the government released him and deported him to Saudi Arabia, where he had been raised.

<span class="mw-page-title-main">Combatant Status Review Tribunal</span> Tribunals of US detainees at Guantanamo Bay

The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.

Asif Iqbal is a British citizen who was held in extrajudicial detention as a terror suspect in the United States Guantanamo Bay detainment camps in Cuba from early 2002 to 9 March 2004.

Bisher Amin Khalil Al-Rawi is an Iraqi citizen, who became a resident of the United Kingdom in the 1980s. Arrested in Gambia on a business trip in November 2002, he was transferred to United States military custody and held until 30 March 2007, in extrajudicial detention in the United States Guantanamo Bay detention camp at its naval base in Cuba. His Guantanamo Internment Serial Number was 906. The Department of Defense reports that Al Rawi was born on 23 December 1960, in Baghdad, Iraq.

Jamal Udeen Al-Harith, born Ronald Fiddler also known as Abu-Zakariya al-Britani, was a British citizen who reportedly died carrying out a suicide bombing in Iraq in February 2017.

Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.

<span class="mw-page-title-main">Guantanamo Bay detention camp</span> United States military prison in southeastern Cuba

The Guantanamo Bay detention camp, also known as GTMO, GITMO, or just Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in January 2002 by U.S. President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the attacks of September 11, 2001. As of August 2024, at least 780 persons from 48 countries have been detained at the camp since its creation, of whom 740 had been transferred elsewhere, 9 died in custody, and 30 remain; only 16 detainees have ever been charged by the U.S. with criminal offenses.

Donald Vance is an American Navy veteran who was held in detention at Camp Cropper, the United States military's maximum-security detention site in Baghdad for 97 days beginning in April 2006. On December 18, 2006, Vance filed suit against the US government and the former US Secretary of Defense, Donald H. Rumsfeld, on grounds that he was tortured and his rights of habeas corpus were violated.

In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.

Jawed Ahmad also known as "Jojo" was an Afghan reporter working for Canadian media outlet CTV who was arrested by American troops and declared an enemy combatant, while working with NATO at Kandahar Airport on October 26, 2007.

Munaf v. Geren, 553 U.S. 674 (2008), is a United States Supreme Court case where the court unanimously concluded that the habeas corpus statute, 28 U.S.C. § 2241(c)(1), extends to U.S. citizens held overseas by American forces subject to an American chain of command, even if acting as part of a multinational coalition. But, it found that habeas corpus provided the petitioners with no relief, holding that "Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them."

<span class="mw-page-title-main">Ricardo M. Urbina</span> American judge (1946–2024)

Ricardo Manuel Urbina was a United States district judge of the United States District Court for the District of Columbia. The first Latino judge on the United States District Court for the District of Columbia, he was noted for his rulings in cases regarding terrorism during the George W. Bush administration, as well as for his ruling in District of Columbia v. Heller, which was later reversed on appeal and by the United States Supreme Court.

Susan L. Burke is an American lawyer noted for her work to reform the military system of prosecuting rape and assault and in representing plaintiffs suing the American military or military contractors, such as the Abtan v. Blackwater case. She represented former detainees of Abu Ghraib prison in a suit against interrogators and translators from CACI and Titan Corp. who were tasked with obtaining military intelligence from them during their detention. Her work was featured in the documentaries The Invisible War and Ghosts of Abu Ghraib. In 2015, the National Law Journal named Burke one of the top 75 female attorneys in the nation.

References

  1. From Filmmaker in Los Angeles to Iraq Detainee, The New York Times , July 6, 2005
  2. 1 2 The strange case of Cyrus Kar, BBC , July 7, 2005
  3. ACLU Habeas corpus petition
  4. Filmmaker Cyrus Kar Describes Ordeal of Iraq Detention Archived June 4, 2006, at the Wayback Machine , Venus Project , August 25, 2005
  5. Filmmaker Sues Rumsfeld Over Iraq Detention [ dead link ], Los Angeles Times , July 7, 2006
  6. American filmmaker sues Rumsfeld over detention in Iraq: Cyrus Kar says he was hooded, threatened by U.S. soldiers, CNN , July 8, 2006