Simon Tayler, Sydney
Mamdouh Habib, arrested in Pakistan and held without charge in Guantanamo Bay for three-and-a-half years until he was released without charge in February 2005, was arrested again by Parramatta police on March 29.
This latest incident is just one of a string of threats and intimidation that the Habib family have had to ensure since Mamdouh returned to Australia. The Howard government said then that it would continue to monitor his activities, despite the fact that no charges have ever been laid against him.
Police have told the Habib family that there is nothing that can be done about the numerous death threats and several assaults on family members (including one incident when Mamdouh was stabbed near his home).
There have also been a series of unexplained break-ins to their home. The Habibs say that on several occasions, their house and car have been broken into and left open, but that nothing has been taken.
On March 29, Mamdouh and his son, Mustafa, were grabbed by police after witnessing a shooting in Granville, in Sydney's west. Mamdouh was driving Mustafa home from work when they saw a group of people standing in Blaxcell Street. "I saw about six guys in the middle of the street. Then they scattered, and as I got closer I heard shooting", he told Green Left Weekly.
The shooting was the outcome of a gang-related dispute, and two men, Ibrahim Assad and Bassam Chami, were killed. Neither Mamdouh or Mustafa knew the two victims.
Habib called the police to report the shooting. He says that about 15 minutes later, a single officer arrived to check the scene. By this stage, the street was already crowded. "Half a minute after the shooting, the street was full of people", Habib said.
More police arrived and began asking questions about the shooting. "I told them that I would make a statement, but I wanted to take Mustafa home. I said my son is tired because he has been working for 15 hours."
Since Habib's return, the entire family had been relying on his Centrelink payments. Mustafa is now working two jobs to supplement their income.
"Not only was Mustafa tired, he had just seen one of the guys dying on the street so I said that I would make a statement in my home", Mamdouh said.
But the police had other ideas. "They asked me who I was, and demanded that I show them some ID." At the time, Habib's licence was in his car, along with $500 rent in a bum bag.
"I tried to go to my car to get my licence, but an officer stopped me. He said that they owned the car and the bumbag now."
Habib says that an officer began threatening him with arrest. This, he says, put him in a real quandary as he felt that he was stuck. "They have those new laws that say if you run away, they can shoot you", he said.
Police soon became physical, and Habib says that he was set upon by at least one officer. Some of the bystanders, including Mustafa, tried to intervene to protect him.
By this stage, there were more than 20 police officers on the street, with at least one dog. An inspector (Habib says the officer had three stars on his epaulet, which according to the NSW police website signifies the rank of inspector), pointed to Habib, and directed officers to "Take this terrorist".
The police began using pepper spray, batons and dogs to keep back the crowd.
Mustafa and Mamdouh were thrown in the back of a police truck, but the police kept spraying them with pepper spray. "I'm used to it from Cuba", says Habib, "but Mustafa was in serious pain. He started screaming 'I'm dying'. An officer looked through the little window at the front of the truck, and just told him to 'shut the fuck up'."
The two men were taken to Parramatta police station and locked up in separate cells. Their clothes, keys and jewellery were taken. Habib says that he asked the duty officer what they were being held for. The officer said he had no idea. The police reportedly told his lawyer that he was being held for refusing to make a statement.
After some hours, the police began what they called an interview. "But I have experience from this in Pakistan, and it was more like an interrogation than an interview", Habib said.
"It was taped. They said, 'This is for your protection'. In Pakistan, they said that they taped the interrogations to protect me from the Americans."
Habib was asked to undergo a range of tests, including blood tests and a test for firearm residue. "They said they wanted to take blood for tests to 'clear me', but that they would only do it if I gave blood voluntarily", he said. "I agreed to the test, but I told them 'There's nothing voluntary about this'."
Mamdouh and Mustafa were finally released at 7am, eight hours after the shooting. The bumbag was returned, but with only $45 in it. The family car was returned, with oil leaking from the engine, the seat covers looking like they had all been moved, and some of the fixtures broken. The outside of the car was covered in a white powder, which is used to test for gun fire residue. Mustafa's work clothes, including his steel-capped work boots, have still not been returned.
The Habib family are talking to lawyers about the possibility of legal action over their treatment and the theft of the money. Police have not responded to Green Left Weekly's request for comment.
From Green Left Weekly, April 26, 2006.
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