{UAH} DELTA FORCE CONTINUE TO DRAIN CAPTURED KENYA ISLAMIST

The al-Qaida leader Nazih Abdul-Hamed al-Ruqai (al-Ragye), also known as Abu Anas al-Liby, captured by the US Army's special operations Delta Force during a covert operation Saturday in Tripoli, is reportedly being "lawfully detained" on a US Navy amphibious transport dock ship in the Mediterranean Sea.

According to the suspect's son Abdullah al-Ruqai, 19, four men arrived in four cars, drugged, grabbed Liby and drove off with him.

The operation coincided with another operation in Somalia against an al-Shabab base targeting an alleged terrorist leader Abdulkadir Mohammed Abdulkadir, suspected of having coordinated a series of terrorist attacks in Kenya.

The US forces reportedly failed to capture Abdulkadir.

Al-Liby, suspected of involvement in the 1998 bombings of US Embassies in East Africa - Kenya and Tanzania - is being interrogated on USS San Antonio ship by a special interagency team, the US High Value Detainee Interrogation Group, established in 2009 and led by the FBI's National Security Branch, according to Reuters.

The New York Times reports that the interrogation team includes specialists from other agencies such as the CIA, the State Department and the Defense Intelligence Agency.

In spite of the fact that the interrogation methods are coercive in nature, President Barack Obama's 2009 revisions of the interrogation policies of US security agencies require that the interrogation team adhere strictly to regulations of the Army Field Manual, which complies with the Geneva Conventions that prohibit all forms of torture, cruel and degrading treatment of detainees.

However, interrogators are permitted to use other methods including threatening serious legal consequence, "appeal to emotions," and "tricks" that could lead the suspect to reveal information. He could also be offered incentives to cooperate.

The regulations require that interrogators allow the detainee four hours of uninterrupted sleep every 24 hours. Interrogators are also not allowed to threaten the detainee with torture.

Self-incriminating statements obtained from the detainee will probably not be admissible in court. The interrogation is therefore considered to be primarily for intelligence-gathering purpose and not for the purpose of criminal prosecution.

According to The New York Times, Ruqai has probably not been warned of his Miranda rights and he has not been allowed a lawyer.

Legal issues related to the Third Geneva Convention have been raised in connection with the decision to detain Ruqai in a US naval vessel. He is being detained as a combatant under international laws. Under Article 22 of the Third Geneva Conventions prisoners of war may only be detained on "premises located on land" and in a facility where they are guaranteed "hygiene and healthfulness."

However, some experts have argued that the concern expressed in the Third Geneva Convention is exclusively in relation to "boats, rafts and pontoons."

The New York Times reports that the US government decided to hold Ruqai in a ship because it presently does not have a place for holding al-Qaida detainees for intelligence interrogation. Detaining him in a land-based facility could raise legal issues, and the administration is presently not taking in new detainees at its Guantanamo Bay facility.

Meanwhile, the Libyan government has accused the US of kidnapping. But Washington has defended the legality of the operation and insisted on its right to seize terror suspects outside US borders without normal extradition proceedings.

White House spokesman Jay Carney told reporters, "He is clearly al-Qaida and he is clearly wanted on charges. When we are able to, we prefer to capture someone like Mr. al-Liby."

However, the "legality" of the operation is the unilateral enactment of the US government insisting on the right of the US to self-defense. It is inconceivable that the US would accept its own arguments if a foreign power, such as Russia, carried out a similar operation on US soil.

After the team ends its interrogation, a Red Cross team will have access to the detainee, before a second FBI team that has not been briefed about the first interrogation gather information that could be used in court against him.

He would then likely be moved to the Southern District of New York where he has been indicted by a US federal court for his alleged role in the 1998 bombings of US Embassies in Kenya and Tanzania.

Liby, 49, has been on the FBI's most wanted list since 2000 with a bounty of $5 million on his head after he was indicted along with Osama bin Laden, Ayman al-Zawahri and several others.

JOHNTHOMAS DIDYMUS

Viele GruBe

Robukui

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