French Court Convicts Ex-Guantanamo Inmates
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

PARIS — A court convicted five former inmates of Guantanamo on terrorism-related charges yesterday but did not send any of them back to prison in France.
A sixth man was acquitted, and his lawyer said he would try to win reparations from Washington for his time at the American prison camp in Guantanamo Bay, Cuba. Also yesterday, three longtime British residents were released from Guantanamo and flown to Britain. London police arrested two on suspicion of preparing terrorist acts, while the third was detained for questioning.
The ruling in France capped proceedings that seemed at times like a trial of the American prison camp itself with the prosecutor lashing out at the “Guantanamo system” and saying the prison violates international law.
Hundreds of men suspected of ties to Al Qaeda or the Taliban are held at Guantanamo, almost all of them without charge. They are accorded fewer rights than prisoners of war under international law.
Seven French citizens were captured in or near Afghanistan by American forces in late 2001. All were held for at least two years at Guantanamo and then handed over to French authorities in 2004 and 2005. One of them was found to have no ties to terrorism and was freed immediately after his return to France.
The others spent up to 17 months in prison in France. But by the time the verdict was announced yesterday, all of them were out of prison pending rulings in their cases. The five men were convicted of “criminal association with a terrorist enterprise,” a broad charge frequently used in France. All the men insisted during the trial that they were innocent.
The court followed the recommendations of Prosecutor Sonya Djemni-Wagner, who said December 11 that she could not condone the men’s “abnormal detention” at Guantanamo.
“None of them should have been held on that base, in defiance of international law, and have had to go through what they went through,” she said.
However, she said they should be convicted because they used phony identity papers and visas to knowingly “integrate into terrorist structures” in Afghanistan.
Five of the men — Brahim Yadel, Khaled ben Mustafa, Nizar Sassi, Mourad Benchellali, and Ridouane Khalid — said during the trial that they had spent time in military training camps in Afghanistan but claimed they had never put their combat skills to use.
The sixth man, Imad Kanouni, said he went to Afghanistan for spiritual reasons. He was acquitted, as the prosecutor had recommended. Lawyer Felix de Belloy said he would try to seek reparations from the American government on behalf of Mr. Kanouni.
The formal sentence for Messrs. Sassi, Benchellali, Khalid, and ben Mustafa was four years in prison, with three of the years suspended and one year counted as time served. Yadel was sentenced to five years in prison, with four of those years suspended and one year as time served.