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Court documents name detainees sent to Portugal

crosenberg@MiamiHerald.com

The two Guantánamo detainees sent to Portugal last week were a Syrian man whose father figure is still held at the prison camps and a former Syrian Army recruit once accused of joining forces with Afghanistan's Taliban militia, according to court documents made public Monday.

Justice Department lawyers identified the long-held captives as Moammar Dokhan, 37, and Muhammed Khan Tumani, 27, in filings in each man's unlawful detention lawsuit at the U.S District Court in Washington, D.C. They were sent to Portugal Friday.

Neither man was ever charged with a crime, and each was freed by a presidentially appointed review panel before a civilian judge had heard their cases at the federal court.

Portugal's Interior Ministry likewise noted in a statement late Friday that the men had no criminal charges pending, ``Are free and living in housing supplied by the state'' under a program meant to help them integrate into society.

It did not specify where, but said Portugal had granted each man a humanitarian asylum visa that did not extend to other European Union nations.

Tumani's suit was filed with Abdul Nasser Tumani, 49, who remains among the 226 men still held as war prisoners at the remote Pentagon outpost in Guantánamo Bay, Cuba.

The two men have consistently claimed to be father and son. But Justice Department attorneys wrote in an Aug. 28, 2008, defense of their detention that DNA testing suggested they were more likely ``uncle and nephew'' and ``probably not father and son.''

The younger Tumani told a military panel in 2004 that his extended 10-member family left its native Aleppo in Syria in summer 2001, when he was about 18, and settled in a rented home in Kabul.

He said he was with his grandmother on Sept. 11, 2001, and watched her weep at the death of innocents, and then he was captured in Pakistan as he fled the U.S. invasion of Afghanistan.

The younger Tumani told the panel of a long list of abuses -- he called them torture -- that he said he and his father were subjected to by U.S. and Pakistani security forces to extract false confessions. They included beatings that left broken bones, sleep deprivation and threats he said he endured from Kandahar to Guantánamo.

During interrogation at Camp X-Ray, which the military said it closed in June 2002, ``one of the interrogators brought two wires connected to electricity and said that if you do not say that you and your father are from al Qaeda or Taliban, I will place these in your neck,'' he said, according to a Pentagon transcript of the 2004 hearing.

He also claimed that he was threatened with violence while held at Camp Delta, and that an interrogator threatened to send him to torture in a foreign country.

The Damascus-born Dokhan's file identifies him as a former Syrian Army trainee who the U.S. alleged for a time was at the battle of Tora Bora.

Dokhan apparently did not speak in his own defense during the 2004 and 2005 status hearings held at Guantánamo. But a Dec. 17 Justice Department filing alleged that the captive ``has vowed to rejoin the fight and to kill Americans if released from Guantánamo Bay.''

A Justice Department statement late Friday said the men were released after an interagency review of Guantánamo files being carried out by a presidential task force assigned to help close the controversial prison camps.

``The United States has coordinated with the government of Portugal to ensure the transfers take place under appropriate security measures,'' the U.S. statement said, ``and will continue to consult with the government of Portugal regarding these detainees.''

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