Today’s New York Times recounts a phone call between a reporter and an imprisoned 19-year-old U.S. citizen who alleges he’s been tortured in a Kuwaiti prison. The reason? Because Gulet Mohamed visited Yemen last year and FBI agents won’t accept his explanation of why he was there.
Even Kuwaiti officials indicated Gulet — a Virginian who immigrated from Somalia with his family in 1995 — should be released, but he’s effectively barred from from re-entering the United States. Instead, FBI agents have given him two choices: Say he was in Yemen to meet with terrorists (He maintains he was studying Arabic in the Yemeni capital, just as he had been in Kuwait) or face imprisonment, sleep deprivation and beatings for the indefinite future.
Allow me to lay out just a few reasons why his plight is exceptionally disturbing for anyone in America who travels in the developing world:
1. Visiting Yemen is not illegal
In fact, my former Spokesman-Review colleague Holly Pickett has traveled there. She’s a successful photographer. But working freelance for several news organizations, it’s completely possible some border agent could cite her lack of a plastic badge from a newspaper as proof she was being dishonest about her activities in the country. Does Gulet’s plight suggest journalists like Holly are at risk of indefinite detention and torture at the instruction of American intelligence? I really wish that didn’t sound so far fetched.
2. “I will end torture, end extraordinary rendition and indefinite detentions”
You know who said that? I’ll give you a hint: He’s Hawaiian, he likes basketball and he’s been in office for two years.
3. Gulet was not charged with a crime.
His original questioning by Kuwaiti border officials was simply a fishing expedition (maybe even a justified one, given Yemen’s rotten reputation). But what should have been a straightforward line of questioning into what a kid with no ties to terrorism was doing in such a rough country turned into indefinite imprisonment without trial.
How do I know it was merely a fishing expedition? If the FBI possessed any evidence solid enough to prosecute Gulet, they would have extradited him from Kuwait to face terrorism charges in a United States court. It would be nice, high-profile-bad-guy conviction. It would give the intelligence agencies and DHS a rare PR opportunity to show that they’re capable of more than just bustin’ skulls and fingering people at the airport.
By leaning on Kuwaiti authorities to imprison a guy without charge, against whom it apparently holds no evidence, our government has effectively suspended the habeus corpus rights of an American citizen.
4. Under long-established international law, it is illegal to deny someone entry to their own country.
Even the stamp drones at the airport will admit that if you give them enough shit.
Gulet’s as much of an American citizen as I am. If his U.S. passport can be rendered useless, what does that say about mine?
I’ve been to the Middle East, Africa, India, Peru, China and Indonesia. All of those places have terrorist groups of one stripe or another. Who’s to say I won’t land in jail the next time I visit a country that happens to be too poor or crime-afflicted to attract a Disney park franchise?
I really dread the next time I travel internationally and get asked by the locals why my country brags about the supremacy of its constitution, then it treats its own citizens traveling abroad (let alone everyone else) to about as much due process as North Korea.