the accused

2 esquire s e p t e m b e r 2010
 middle east exclusive
Captain James Yee was a U.S. military officer who converted to Islam
and became as a Muslim Chaplain at Guantanamo Bay. Then in a bizarre
turn of events, he was arrested on charges of espionage and ended up
in a U.S. navy prison as an inmate. This is the full and incredible story,
told in his own words, exclusively to Esquire Middle East
as told to Ars a la n If tik ha r
I
converted to Islam in April of 1991,
ten months after I had graduated from West Point.
I had just completed the officer basic course in the
Air Defense Artillery as a young second lieutenant.
Initially, I didn’t think my becoming Muslim was
a great life changing experience. I was raised as a
Christian by my mother, so after learning about the
common Abrahamic roots of Christianity and Islam,
my journey to Islam was a reconfirmation of the
monotheistic faith in one God. It wasn’t until I visited
Mecca for the first time that I saw the true beauty
of Islam. I was an army platoon leader deployed to
Saudi Arabia in the aftermath of the First Gulf War in
late 1991. I learned of the opportunity for American
Muslims in the US military serving in the Gulf to
journey to Mecca for pilgrimage – for Umrah. As a
new Muslim, I jumped at the chance, especially because the trip
was supported by the command. It was there that I saw just how
universal a religion Islam is. Seeing men and women, of every
colour and ethnicity during those four days in Mecca was truly
inspiring. It emphasised something that I had learned as a child in
school, “…that all men are created equal.”
It was that trip that created a desire to know much more about
the faith I had just accepted. I also realised that our military did not
have any Muslim chaplains. I believed Muslims in the U.S. armed
forces could not be properly represented without this. That was the
first time I got the idea that one day I would change my career track.
When I was first assigned to Guantanamo Bay in November
of 2002, my initial impression was that the inmates were all
“dangerous” men. That idea was, of course, created by media
reports of what government and military officials were saying. But
from the moment I stepped into the cell blocks of Camp Delta,
I knew that this was false. I went into Gitmo’s prison camp the
first evening I arrived, and it was perplexing to realise that the
PHOTOS: xxxxxxxxxxxxxxxxxxxxxxxxxxx
individuals caged in these cells were just ordinary Muslims. They
didn’t look, behave, or speak any differently than other Muslims
that I had known. From behind the grated steel mesh of the locked
doors, they were calling for us to come to over to their cells to greet
us with “As-salaamu Alaikum” (Peace be unto you) and to chat
more. Chaplain Hamza did the introductions and the prisoners
were very happy to see another American Muslim.
Did torture occur at Guantanamo Bay? Yes, it did.
The cruel, inhuman and degrading treatment is well documented. I
witnessed shackled prisoners being dragged through the gravel to
their interrogation sessions. I witnessed prisoners being subjected
to sensory deprivation. And I witnessed prisoners being threatened
with ferocious, barking, military attack dogs. And no, these dogs
were not muzzled. There were also far worse things taking place –
especially in the interrogation rooms, of which while I didn’t see,
but I was well aware. Things like sleep deprivation, physical assault,
sexual humiliation and forced nudity by female interrogators.
I refused to observe the interrogation of any prisoner at
Guantanamo, but back on the cell blocks I witnessed the results -
the bruises on the face and arms of prisoners and their broken teeth.
What was also utterly disturbing was the way in which prisoners
were systematically persecuted for their faith. Korans were
desecrated, Islamic prayers were ridiculed, and water was denied
to prevent washing before prayers. Prisoners had their beards
forcefully shaven, and sometimes satanic symbols were used during
interrogations. I later learned of how prisoners were forcefully
baptised by interrogators disguised as Catholic priests.
Prolonged solitary confinement was common place. It
was especially bad for prisoners holed away in the Maximum
Security Unit cells — known as MSU’s. These were dark cells
where prisoners were subjected to isolation in extreme heat and
humidity or frigid cold temperatures made possible by heavy air
conditioners. Senator John McCain said that the worst torture he
ever experienced as a POW in Vietnam was solitary confinement.
He said: “It crushes your spirit and weakens your resistance more
effectively than any other form of mistreatment.” And it’s relevant
to mention here that John McCain admits that under torture, he
betrayed his country.
Many prisoners complained to me about how badly they were
being treated — and especially how they were being humiliated
for being Muslims. This is what I attempted to put a stop to by
addressing this to my chain of command. From a military chaplain’s
perspective, using religion as a weapon to humiliate and persecute
individuals cannot be justified. It wholeheartedly goes against
our American values, and it certainly went against army values —
especially those of duty, respect, honour and integrity,
Islamophobia was widespread at Guantanamo.
This hostility was also felt by the many patriotic American
Muslims serving at Gitmo in the military or as civilians. One
day, the commander of Guantanamo’s prison operation, Major
General Geoffrey Miller, stopped the accommodation of religious
dietary requests for American-Muslim military personnel. Army
regulations provide members of different faiths accommodation to
meet religious dietary obligations, so I was quite taken aback when
MG Miller denied supporting his own troops.
Every Muslim chaplain that served at Guantanamo was under
suspicion by the command and the Joint Intelligence Interrogation
Group operation. I conducted a weekly Muslim worship service
s e p t e m b e r 2 0 10 esquire 3
on Friday’s at noon. This was for American-Muslims serving at
Guantanamo. Muslim prisoners were confined to their cells and
were denied attendance. There were times when I noticed FBI
agents conducting surveillance of our prayer service. I knew they
were FBI when a few of the translators in Gitmo’s intelligence
operation pointed them out.
The American-Muslim community at Guantanamo Bay often got
together for social and chapel fellowship. We enjoyed many potluck
dinners that were also attended by non-Muslim friends. This was
our way to enjoy what little free time we found. It was certainly
a lot more wholesome than drinking ourselves to oblivion at the
handful of bars on the naval base, which is what most of the soldiers
did with their free time. These gatherings, many of which I hosted
at my personal residence, gained the attention of U.S. intelligence
personnel. Rumours were started that we were a “terrorist sleeper
cell” gathering to plan subversive activity. People in the intelligence
operation often referred to us as Hamas extremists.
American-Muslim translators were also under suspicion. At
least two were secretly arrested — Airman, Ahmed Al Halabi of
the U.S. Air Force and civilian Dept. of Defense translator, Ahmed
Mehalba. Both were Americans sacrificing to serve at Guantanamo,
and both were also accused by the U.S. government of being part
of a subversive spy ring at Guantanamo, of which I was supposedly
the ring leader. I believe this emphasises the amateurism of the
intelligence personnel serving at Guantanamo during that time.
This culminated with me being secretly arrested. I was falsely
accused of spying, espionage and aiding the enemy. As a result I was
jailed for seventy-six days in a maximum security naval brig.
When I was first arrested by an NCIS (Naval Criminal
Investigative Service) agent, I thought it was absolutely ridiculous.
But at the same time I naively believed the matter would be cleared-
up quickly — a day or two, if not a few hours. But when I saw the
charges of espionage, spying, aiding the enemy, mutiny and sedition
on the documents, it just blew my mind. I thought the military and
the command was utterly crazy. Then a military prosecutor for the
command threatened me with the death penalty.
I was shackled at the wrists, waist and ankles, in the same way
they shackle prisoners in Guantanamo. This was when I definitely
knew something was up. They put me in the back of a truck next
to an armed guard, with two other armed guards in the front. The
armed guard put a pair of blackened out, plastic goggles over my
eyes so I couldn’t see anything. Then he put these heavy cupping
ear-phone devices over my ears, so I now couldn’t hear anything —
a type of torturous treatment known as sensory
deprivation. I had no idea where they were
taking me. I believed I was being carted away
to a secret black-site where I might not ever be
seen again. I feared being brutally beaten up or
being fatally shot by one of the armed guards. I
knew at that moment that I was essentially being
disappeared in America.
Neither my wife and daughter, nor my
mum and dad, or anyone else knew what had
happened to me when I didn’t show up on my
connecting flight from Jacksonville, Florida to
Seattle, WA.
I fully understood that President Bush had
declared “enemy combatants” as people who
did not have any rights. He had even declared
that Geneva Conventions did not apply in
Guantanamo. After quickly recognising just how
similar to the prisoners in Guantanamo I was
being treated, I feared that all of my rights would
4 esquire s e p t e m b e r 2010
“charges of
espionage, spying,
aiding the enemy,
mutiny and sedition.
Then a military
prosecutor for the
command threatened
me with the death James Yee at a rally
for then presidential
penalty” candidate, Barack
Obama
be stripped from me, even if I was a U.S. citizen. It didn’t matter that
I was a third generation American that I had graduated from the
prestigious United States Military Academy at West Point, that I
had served in the aftermath of the First Gulf War, or that both of my
brothers were also on active duty in the US army. I feared for my life
at that point.
I thought I too would be forever doomed to prison, especially
after learning that I was being held along side Jose Padilla, Yaser
Hamdi and Ali Saleh Kahlah Al-Marri — all declared by the U.S.
government as “enemy combatants” — at the Consolidated Naval
Brig in Charleson, SC.
Those seventy-six days of solitary confinement
were extremely harrowing, to say the least. To begin with, I was
held incommunicado, and therefore denied all contact with my wife
and family. The military even refused my demand that they contact
my wife or family to inform them that I was in government custody
as a prisoner.
My family was horrified when they learned of my whereabouts
— not from the military, but from breaking news reports on TV.
Initial media coverage was based solely on information leaked by
the government almost two weeks after my
disappearance. My family watched in panic and
fear as pictures of me flashed over and over on
every news channel, and alongside media reports
that accused me of being a Muslim terrorist spy
that had infiltrated Guantanamo Bay.
While all this was happening, I was locked
away in a concrete cubicle no larger than the
cage-like cells in Guantanamo. Marine guards
threatened to beat me violently, and I was held in
isolation for 24-hours a day under the constant
watch of two surveillance video cameras
installed in the ceiling of my cell.
Only later, when I was afforded military
defense counsel, did an attorney fight to get me
a single hour of recreation outside of my cell. I
also felt utterly violated by the almost daily strip
searches, which I believe were done to humiliate
me. Why else would they continuously view the
innermost areas of my private parts both front

and back? You will never convince me that strip searching me in
this manner was done as a matter of security procedure.
Being held in solitary confinement for two-and-a-half months
in this manner was bad enough. But what’s worse is that thirty of
those days were during Ramadan. I spent that entire holy month of
2003 inside a cold prison cell, fasting alone. There was no breaking
of my daily fast (Iftar) with my family. There was no Taraweeh
(nightly Ramadan prayers) in congregation at the mosque with my
community. I was not even allowed to perform the Eid prayer with
other Muslim prisoners being held at the Consolidated Naval Brig. I
was flatly denied all these special Ramadan blessings.
Thankfully though, my faith in Islam provided me the necessary
strength and patience during this most trying time. I could do
nothing, except put my complete trust in God the Almighty,
recognising that there must be wisdom in divineness of His plan.
In this way, my faith only grew stronger.
The number one reason for the adultery and pornography
accusations, which were subsequently levied against me, was to
smear my reputation. I have no doubt about that. My military
record was (and still is) spotless.
When I was wrongly accused of several capital crimes, I had just
received a stellar officer evaluation report and a couple of military
joint service awards for my contributions to the joint task force
mission. The military’s devious characterisation of me just didn’t
add up. When it became crystal clear, especially to the media, that
I was in no way a “terrorist spy”, the military looked for a way to
save face. The military was heavily criticised for this miscarriage
of justice — so it decided to retaliate by vindictively destroying my
reputation. And what better way to smear a chaplain than with
charges of adultery and pornography?
It also thought these charges would pull attention away from
the real issues — that I am not, nor have I ever been a terrorist
spy, that my civil liberties had been violated, that I had been put
through a harrowing miscarriage of justice, and that bigotry and
paranoia contributed to the entire situation. Did it work? No.
They only proved to be a further embarrassment when I was
subsequently cleared of those charges as well. I state emphatically
that I never did anything to taint, tarnish or damage my extensive
record of excellence and positive contributions while serving in
the U.S. Army.
I received an Honorable Discharge and a second U.S.
Army Commendation medal for “exceptionally meritorious service”
when I separated from the military in January 2005. That to me was
clearly the Army admitting they had made a mistake. I never received
an official apology, but the military never apologises. That’s one of the
many faults I’ve seen with its leadership — it can never fully admit to
mistakes nor take full responsibility when bad decisions have been
made. That’s not good when you expect your nation’s military to
uphold the highest standards of honour and integrity.
Although I no longer server the U.S. military in any official
capacity, I’m extremely proud of my service to the nation. I’m
also extremely proud of being a West Point graduate. In fact, I’m
planning to attend my twenty-year reunion this year in September.
Today, my military and Guantanamo experience has led me
down a path of increased civic engagement, to the extent that I was
even elected as a national delegate for Barack Obama during his
Presidential campaign. I had the honour of attending the historic
2008 Democratic National Convention, casting a delegate vote for
Barack Obama, and then later attending his inauguration in 2009.
Wow, what a roller coaster ride — from West Point Graduate, to
U.S. Army Muslim Chaplain, to wrongly accused spy, to National
Delegate for Barack Obama. Who knows what comes next?
Prisoners at Guantanamo Bay do not need to be
relocated, they need to be released. We should never hold
individuals indefinitely, without charges in Guantanamo, in the U.S.
or anywhere else in the world.
If the U.S. government is not going to put an imprisoned
individual on trial, then that person should be released and sent
home. If a freed prisoner does not want to go home, then he should
be free to go to any country that does not object to this person
settling there. Can some Guantanamo prisoner be released into
the U.S? Sure, I think it would be very appropriate to permit some
prisoners to be freed in the U.S. – especially those from Western
China known as the Uighurs. They’ve never been deemed or
classified as “enemy combatants.” They can be resettled with the
help of the American Uighur community here in the U.S.
If the U.S. government believes any prisoner in Guantanamo
Bay is guilty of any crime, then it should prosecute that individual
in a federal court of law. This would uphold the legal principal of
due process, bring forth evidence and allow an impartial judge or
jury to make its decision. Guantanamo prisoners should be given
the same legal rights that any other criminal defendant is afforded.
And it should be done in a U.S. federal court, not in a “military
commission”. Federal courts are more than adequate to try suspects
for crimes of terrorism, and have proven that over the years.
Today, it’s my view, as it was when I arrived to Guantanamo
Bay, that there wasn’t a single prisoner in any way connected to the
tragic attacks of September 11th. If the U.S. had captured anyone
suspected of a serious terrorist crime, then this individual would
have been taken to secret CIA black site, not to Guantanamo Bay.
In my view, no real actionable intelligence has ever been gained
by intelligence operations at Guantanamo. This prison camp has
not saved any lives. It has only served to damage the reputation
of the United States through violations of international law and
human rights, and it has contributed extensively as a recruiting tool
for extremist organisations - many of which are inclined toward
violence. Guantanamo Bay has taken the lives of at least five
prisoners – all of who were never charged with a crime. It has not
made America safer.
As told to Arsalan Iftikhar, a contributing writer for Esquire Middle
East, founder of TheMuslimGuy.com and an international human
rights lawyer in Washington DC.
s e p t e m b e r 2 0 10 esquire 5