KUALA LUMPUR: The diplomatic discussions between Malaysia and the United States (US) are continuing as they explore the potential release of two Malaysian individuals currently held in Guantanamo Bay.
The newly-appointed US Ambassador to Malaysia, Edgard D Kagan, declined to provide specific details but confirmed that US authorities are in communication with their Malaysian counterparts.
“We are engaging with the Malaysian government on this matter.
“I do not want to speculate as there are various complex elements involved.
“However, we believe that we have a strong partnership with the Malaysian government and will maintain close collaboration with them,” he mentioned during a media roundtable at the ambassador’s residence on Tuesday (April 2).
When inquired whether there were negotiations between the Home Ministry and the US concerning the issue, Kagan did not confirm.
The two Malaysians – Mohamad Farik Amin, aged 48, and Mohammed Nazir Lep, aged 47 – were apprehended in Thailand in 2003 but did not face trial until 2024.
In late January 2024, both men reached agreements with prosecutors at Guantanamo Bay under a plea bargain, admitting to being accomplices to the terrorist attacks in Bali, following which they were given a five-year prison sentence by US military judge Lt Col Wesley A. Braun after a brief trial.
As part of the plea deal, both individuals are required to testify against Encep Nurjaman also known as Hambali, the former head of the Jemaah Islamiyah group – a branch of Al-Qaeda – and the architect behind the Bali bombings.
Mohammed Farik and Mohammed Nazir could potentially be released by 2029 or even earlier.
Both have been confined in the United States in various Central Intelligence Agency (CIA) facilities since the summer of 2003 and in Guantanamo since 2006.
In an exclusive email response provided to Bernama by one of the main attorneys for the individuals, Christine Funk, insights were shared on the case and the challenges her client faced.
Funk represented Mohamad Farik, also known as “Inmate No 21” in the detention center at Guantanamo Bay Naval Base in south-eastern Cuba.
Responding to the possibility of Mohamad Farik returning home, she noted that her client is aware of the ongoing discussions between his legal team and the Malaysian government regarding potential early repatriation.
She expressed that Mohamad Farik is eager to bring closure to this difficult chapter of his life at the earliest opportunity – showing optimism for the resolution of his situation in the days ahead.
Funk also emphasized the desire to see an end to the traumatic experiences her client endured since his capture and detention. He faced severe mistreatment, including physical abuse and torture, and was held in isolation from his family or the Malaysian government for an extended period.
Mohamad Farik was taken to undisclosed CIA black sites after his arrest, where he was subjected to harsh and degrading treatment by CIA personnel who utilized aggressive interrogation tactics on him.
Funk also recounted the distressing details of his client’s time at the CIA black sites, stating that he was subjected to actions that have been condemned internationally as inhumane and degrading.
She further described the harsh conditions he endured, such as being placed in “stress positions” for prolonged periods – like leaning against a wall with only his forehead touching it or squatting with a broomstick behind his knees.
“He was continuously exposed to light and white noise, and – while handcuffed to a wall while seated – his hand was either chained above his head or in a position that required him to bend down, preventing him from standing upright.
“He was left in total darkness with no access to a restroom for days,” Funk mentioned, detailing the dehumanizing treatment her client experienced.
Furthermore, Funk revealed that Mohamad Farik endured additional distressing conditions during his period at CIA black sites, including being held naked for extended periods and often deprived of basic hygiene privileges like a rare opportunity for a shower or to brush his teeth.
“At times, he was placed on a tarp and physically restrained by CIA operatives before being drenched with icy water, both on his body and into his nose and mouth, nearly to the point of suffocation – a practice known as waterboarding.
“His diet mainly consisted of protein drinks provided irregularly and unpredictably,” she added, highlighting that such treatment, now deemed un-American, was outlawed in the US.
In recent years, Funk mentioned that Mohamad Farik has been given limited communication privileges. He is now permitted four annual phone calls with his family, each lasting only 30 minutes.
Both Malaysian detainees are separated from other prisoners as they begin serving their sentences. Upon their release, they might require rehabilitation according to some US media reports.
