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washingtonpost.com
Americans Held As Iraq Insurgent Suspects

By JOHN J. LUMPKIN
The Associated Press
Wednesday, July 6, 2005; 6:04 PM

WASHINGTON -- The U.S. military in Iraq has detained five Americans for
suspected insurgent activity, Pentagon officials said Wednesday. The
five have not been charged or had access to a lawyer, and face an
uncertain legal future.

Pentagon spokesman Bryan Whitman declined to identify any of them,
citing the military's policy of not providing the names of detainees.
They are in custody at one of the three U.S.-run prisons in Iraq.

One was identified by his family and U.S. law enforcement officials as
Cyrus Kar, an Iranian-American filmmaker and U.S. Navy veteran.

Saying Kar is being held unjustly, the American Civil Liberties Union
sued the government on Wednesday in an effort to secure his release.

Three of those being detained are Iraqi-Americans, Whitman said. The
fifth is a Jordanian-American the Pentagon previously had acknowledged
holding.

One of the Iraqi-Americans allegedly had knowledge of planning for an
attack and a second possibly was involved in a kidnapping, Whitman
said. The third was "engaged in suspicious activity," Whitman said,
declining to be more specific. They were captured, one each, in April,
May and June.

Whitman said the Iranian-American was arrested with several dozen
washing machine timers in his car; such items can be used as components
in bombs. Military officials said he was arrested with a cameraman and
a taxi driver.

Whitman said there did not appear to be any connections among the five.

If there are charges, it is not immediately clear whether U.S. courts
or Iraq's judicial system would handle the cases.

The International Committee of the Red Cross has visited each of the
detainees, Whitman said.

In Los Angeles, Kar's relatives said he was born in Iran and came to
the U.S. as a child.

They said Kar, 44, was in Iraq to film scenes for a do***entary on
Persia's founder when Kar was arrested by Iraqi police at a checkpoint
in Baghdad on May 17, a date confirmed by military officials.

"He just had the misfortune to get into the wrong cab," said Steven R.
Shapiro, the ACLU's legal director. "Our position is that if the
government has any evidence against him, bring him home and charge in a
court and then proceed accordingly."

His family said that an FBI agent in Los Angeles told them Kar had been
cleared of any charges and that the washing machine timers allegedly
belonged to the taxi driver, who was transporting them to a friend.

"I'm here to beg President Bush ... to release an innocent boy," Kar's
aunt, Parvin Modarress, said at a news conference announcing the suit
challenging Kar's detention. "He went to Iraq to do his dream work, to
make a do***entary."

The FBI searched Kar's Los Angeles home in May, said a U.S. law
enforcement official who spoke said on condition of anonymity because
the investigation is continuing.

The ACLU's suit, filed in Washington, contends that Kar's detention
violates his constitutional rights, federal law, international law and
U.S. military regulations.

"He's just sat there in limbo. Whatever the government's authority, it
certainly doesn't allow them to do that," Shapiro said. He pointed to
rulings that allow prisoners held by the U.S. at Guantanamo Bay, Cuba,
to challenge their detention.

Whitman said the five Americans were being held in accordance with laws
governing armed conflict.

The Jordanian-American, who was captured in a raid late last year, is
suspected of high-level ties to Abu Musab Zarqawi, the Jordanian
terrorist and leading al-Qaida ally in Iraq. Officials announced the
capture in March of the Jordanian-American.

A panel of three U.S. officers rules on whether each prisoner is
properly held; that has already taken place for the Jordanian-American.
Whitman did not say whether the three Iraqi-Americans or the
Iranian-American have been through this process.

Whitman said it is not certain whether they will be turned over to the
Justice Department or to Iraq's legal system, which has handled the
prosecution of other foreign fighters.

The closest parallel to their situation may be the two American
citizens captured opposing U.S. forces in Afghanistan.

John Walker Lindh and Yaser Esam Hamdi, two Taliban foot soldiers, held
U.S. citizenship when they were captured in late 2001.

Lindh, a California native now in his early 20s, pleaded guilty in
civilian court to supplying services to the Taliban government and
carrying explosives for them. He received a 20-year prison sentence in
2002. He has since sought to have it reduced.

Hamdi was born in Louisiana and grew up in Saudi Arabia. He was held by
the U.S. for three years before being released to his family in Saudi
Arabia in October 2004. He gave up his American citizenship as a
condition of his release.

Whitman said their cases do not necessarily set a precedent for the
handling of the five Americans captured in Iraq because Afghanistan had
no functioning government at the time Lindh and Hamdi were captured.

___

Associated Press Writer Mark Sherman contributed to this report.

acharya

Send them to Gitmo.