Jonathan Idema - Amnesty and Refusal To Leave Prison

Amnesty and Refusal To Leave Prison

On April 10, 2007, the Associated Press reported that Idema would soon be released from prison and then sent back to the United States, and that the Afghan government had granted him amnesty. However, under the amnesty that commuted his sentence he was effectively released on April 4.

Idema refused to leave the prison, first demanding that his passport, personal effects, and documents that he says proves his official connection with the US government be returned to him. According to him, he was owed compensation for $500,000 worth of equipment, mostly computers, weapons and cameras, that was confiscated by the Afghan government when he was arrested. Having obtained through the offices of the U.S. Embassy in Kabul a new passport as well as money to apply for a visa to India, Idema insisted that his belongings be returned and that a pet dog previously owned by Bennett be allowed to travel with him.

Idema also filed another lawsuit against the US government, reaffirming allegations initially made in 2005 that he and his associates had been illegally imprisoned, except that this time, Idema was claiming that he was tortured. According to US District Judge Emmet G. Sullivan, "Petitioners allege that United States officials ordered their arrest, ordered their torture, stole exculpatory evidence during their trial and appeal, exerted undue influence over Afghan judges, and either directly or indirectly ordered judges who found petitioners innocent not to release petitioners from prison." This was a shift from the earlier strategy on the part of Idema to exonerate himself on the basis that he was acting on a Pentagon-approved mission. Instead the focus was on the trial itself, specifically whether or not due process was observed, with the added claim of being a torture victim. In both instances Idema accused the U.S. government of deliberately withholding information.

Judge Sullivan subsequently ordered the FBI and the US Department of State to answer the allegations. Attorneys from the US Justice Department have requested the case be dismissed on the grounds that Idema's sentence had been commuted. Idema's lawyer said the government coordinated Idema's amnesty to avoid having to respond to allegations of misconduct.

Idema's allegations of withheld evidence were originally made during his Afghan trial in 2004. When the men were arrested in early July, the tapes were confiscated by the FBI. Caraballo's lawyer, Michael Skibbie, claims that he was only allowed to access a portion of the tapes weeks after he requested access. Several of the tapes were used; however, Skibbie said several important tapes were damaged, missing or partly erased after the FBI took custody of them. Some of the footage Skibbie obtained was shown in court. The court tapes showed Idema being greeted at an airport by high level Afghan officials, Idema being thanked by Yunus Qanuni, Qanooni's troops working with Idema, captured suspects confessing during interrogation, and ISAF forces helping Idema.

As he was playing out his legal options, Idema said that another reason he hadn't left was because he feared for his life, ostensibly at the hands of the Afghan government. "I could drive through the Policharki gates right now. Then what happens? I get arrested. will arrest me for not having an Afghan visa and they'll torture me and kill me. If I'm lucky, I'm only going to be tortured," he said. On June 2, 2007, Idema left the prison and was immediately flown out of the country.