Part of Second Message Quote:
- Those on whom the sanctions should be imposed are defined, according to Resolution 1267 of the Security Council of UN as well as the Fed. Swiss ordinance of30/11/2001, quote “Taliban, Al Qaida, Osama Bin Laden, terrorists and those who are connected with, or assisted or financed them” unquote. This is not matching my position. We have nothing to do with all those items.
- It was a chain of misleading started with individuals media reporters who has different agenda. The Swiss, the Americans and others were misled by them. It went on until the US President was misled and designated us on the 7th November 2001. The preventive defence war of USA against terrorism after 11 September 2001 included highlighting and designating any suspects any where without any verification.
- The Swiss Fed. Court asserted that the Federal Prosecutor during his 3.5 years of prosecution:
- Did not specify to us committed offence to back the claim of accusation as being, or assisted or financed or connected to terrorism.
- Unjustifiably kept the file opened for extended time of 3.5 years without closing it, or referring it to a Judge if he had any evidence. Accordingly he was forced to close the file and declare lack of evidence.
His unjustified actions and declarations were not only contrary to the Swiss Law, but also contrary to the UN guidelines on the roll of prosecutors.
Point 14 of those guidelines reads:
’PROSECUTORS SHALL NOT INITIATE OR CONTINUE PROSECUTION, OR SHALL MAKE EVERY EFFORT TO STAY THE PROCEEDINGS, WHEN AN IMPARTIAL INVESTIGATION SHOWS THE CHARGES TO BE UNFOUNDED’.
The facts are:
- The anti terrorist responsible Dr Von Daenike and Mr Duk and The Federal Banking Commission, investigated before him and the charges were unfounded.
- The fed police USA Task force reported to him the same day when he opened the investigation i.e. 23 October 2001 that they could not find any specific terrorist connections in spite of gathering information from police and intelligence in small and big countries.
- Every three months the Fed police reported the prospects quote’ no evidence/closing the file’ unquote.
IN SPITE OF THAT THE SWISS VICE FEDERAL PROSECUTOR INITIATED, CONTINUED, AND MADE EVERY EFFORT TO STAY THE PROCEEDINGS
- The only country in the world, which prosecuted us is Switzerland, not Italy not USA. The Swiss Fed. Pol. Admitted on 23 October 2001 the same very day of opening the file that their investigations through many countries big and small did not trace any evidence to confirm the media attack or prove the suspects.
- 2 November 2001 , The Swiss Federal Prosecutor applied to some countries to search our houses and offices and confiscate all documents and send them to him.
- 7 November 2001 , the Swiss USA Task force coordinated actions against us with USA, Italy, Lichtenstein, Bahamas, Great Britain, Germany, Austria and Saudi Arabia.
All these countries raided our houses and offices, sized our documents and ordered freezing our money. The news was on every international television. Few hours after these actions, President Bush himself announced our name, accused us of financing terrorism, inserted us in his list and ordered our listing in UN list. Since the 7 th of November 2001 until 31/5/2005 they interrogated, contacted all the world, investigated all banks and entities connected to us, examined our political, financial, Islamic connections. In spite of all those efforts and time they did not find any evidence of any link or finance, or even intellectual connections to terrorism or Taliban or Osama Bin Laden or Al Qaida. In their internal periodical reports they repeatedly admitted lack of evidence and proposing closing the file since 19 th August 2003.
Mr Juan Carlos Zarate the Top US Treasury official made several visits to Switzerland during those years to follow the investigations, and he came again to Bern on 25 May 2004to insure that the file will not be closed. And he did it. He was asked by Swiss Info. How much cooperation are you receiving from the Swiss Government?
He answered: We have been cooperating very closely to the extent that we now have our own people working here in Bern with the prosecutor’s office.
The US Treasury letter to “Seco” dated 17/12/2004 quoted: That Swiss Prosecutor stated that sufficient evidence for our involvement in terror financing was found. Unquote this statement was contrary to the truth and out of the range of professional Standard.
31 May 2005 they complied with the Federal court ruling, closed the file and declared lack of evidence.
Next day they gave another release to the media.
First June 2005 they went out of line and declared to the media that the suspect is still there and the file is not closed but only suspended.
We don’t know how this contradiction could be explained.
Two days after closing the file i.e., 2 May 2005 the reaction came from the USA Treasury designating arm, who said, quote “the procedural action” taken by Swiss Prosecutors “dose not in any way affect the designation of Youssef Nada as a supporter of terrorism or freezing of his assets”. He added “The United States has a strong evidentiary basis for the designation. ( Note: We wondered if it is true why they did not give it to the Swiss Prosecutor to indict us when he repeatedly asked them.) The UN has also designated him (as a supporter of terrorism) requiring his assets to be frozen worldwide. (Note: the UN action was done based on the USA treasury instructions) We remain committed to ensuring that he is not able to support terrorist networks and that his assets do not fall into the hands of terrorists” unquote
That means the USA will not allow delisting our names.
Inserting our name in the list stripped us from all our human rights, economical, movement, freedom to work, health, reputation…etc. and directed the entire world to treat us as criminals and terrorists. They had the power to damage but they don’t have the courage to correct the damage which they caused.
The person who made this statement is Mr Juan Carlos Zarate the Deputy Assistant Secretary in the US Treasury who on 12Feb.2002 made a testimony at the US house of representatives. In this testimony he accused us with the same unfounded financing terrorists acts of which neither he nor the Swiss Federal prosecutor were able to present any prove during about four years. It looks like that the system’s procedure is to accuse, to condemn, to indict, to ruin the others life’s, to spend years trying to prove the accusations, and even if they are unfounded the prerulled sentence must be implemented. All of that is the result of a testimony which was inaccurate and has to be defended otherwise The Senate will call the victims to hear them.
On4 March 2002 I wrote to the Swiss investigator a massage for Mr Zarate which I am sure he read it when he came to Bern. In this massage I challenged Mr Zarate to produce any evidence for the accusation which he stated in his testimony at the House of Representatives. When the answer came to the Swiss investigator he wrote to the treasury on23 January 2002 quote” I was more than disappointed when I received your letter. This does not give me more information than what I have and the only explanations I received are so general and without details that I can not use to go on with my investigations. Examples” Page 2 in 1997, it was reported that $60 million collected annually for Hamas from all parts of the world were moved to account with Bank Al Taqwa.” What does that mean exactly? Who gave you this information? Do you have any demonstration for this information? On which bank account? At which date? From whom? Who received the money?
Ad ,Page2” The Malta and Lugano branches of Al TAQWA Management Organization receive money that pours in from Kuwait and the United Arab Emirates for Usama Ben Laden” What does that mean? Do you have the demonstration? On which Bank account? At which date? From whom? Who received the money? Do you have the demonstration that this money has been transferred to Usama Ben Laden? Could you tell us all about Al Taqwa branch office in Malta because we have no knowledge about Offices outside Switzerland Lugano and Liechtenstein and Nassau”, Page 2 “Jordan has accused Bank AlTaqwa of having financed a network linked to Bin Laden and of plotting terror attacks against Western and tourist targets during the millennium celebrations” What does that means exactly? I suppose that this information is coming from the secret services from Jordan. Do you have the demonstration from this information? On which bank accounts? At which date? Who received the money?.........……”
The letter went on regarding all the allegations which were in the treasury letter and which came in Mr Zarates testimony.
The treasury answer was another tragedy.
We are going to quote part of it as a sample quote” The information we released is not calculated to satisfy the traditionally standard of proof applicable in criminal investigations or prosecution either in USA or in Switzerland….We based the reference to reported Hamas $60 million in annual fundraising revenues transmitted through Bank AlTaqwa upon a report published by the BBC on October 17, 1997. That report stated that approximately one-half of Hamas’ annual fundraising revenues had been lost and cited CORRIERA DELLA SERA when stating that sources within Hamas acknowledged that Hamas routinely transferred its annual fundraising revenues from their sources throughout the world to and through Bank Altaqwa……
To the extent that the information provided herein is not responsive to some of the specific questions you asked, we don’t currently have releasable information that is responsive to your questions…….
The information available regarding the Malta branch of Bank AlTaqwa is derived from media reports published by AGENCY FRANCE PRESS on September 23,2001 and Indigo Publication on March 16,2000.Those reports characterized the general flow of financing from contributors through the Malta and Lugano branches of Bank Altaqwa to Usama Ben Ladan………..
We based the statement that the government of Jordan has accused the Bahamian branch of Bank Altaqwa of providing financial support to a network linked to Usama Ben Laden upon open source reporting. A November 16, 2001 report by Agency France Press published after November 7, 2001 designation of Nada and Bank AlTaqwa stated that Jordan had accused Bank AlTaqwa of providing financing to a network that had been dismantled in 1999 but had links to Usama Ben Laden. The report also stated that the government of Jordan had alleged that Bank AlTaqwa ‘s Bahamian branch was complicit in planning terrorist attacks against western and tourist targets during the millennium celebrations.”…………………..unquote
I don’t need to explain to the readers that their evidence is not more than poison pen baseless media articles.
I don’t know what was the effect of this answer on the Swiss investigator? But I leave it to the reader to guess!
Mr Juan Carlos Zarate was not the only one who made such testimony to the law makers but even Mr David Aufhauser the General Counsel of the Treasury on 26 June 2003 made a testimony in the US Senate repeating the same unfounded accusation.
Again Steven Emerson on 18 May 2004 made his testimony before the House Financial Services Committee and repeated the same symphony as if it is one orchestra with several players raising the tune with intervals of one year.
It is up to the Congress Men and to the Senate Committees To go deep and reinvestigate those testimonies which were documented and kept in the register as genuine references .As they are the guardians of the democracy , it is up to them to investigate and clean the records . I neither have the money to pay lawyers nor am I able to travel to testify and present my documents in the USA.
Coming back to Switzerland where the prosecution lasted more than four years,
- We are not asking Switzerland to grant us any right. We are asking for the correction of the worldwide damage caused by their organs at least within their sovereignty and territory. We are asking the redemption of what were stripped from us.
- Our rights according to the local Swiss law are compatible with our rights according to the UN declaration of human rights adopted and proclaimed by the UN General Assembly and committed by Europe and Switzerland.
- We agree that the whole world must cooperate to fight terrorism, but this fight as it is justified, it must be lawful. It most not victimise innocent people . This issue was raised by the Swiss permanent representative at the UN Mr Maurer in his address to the Security Council, also by the Swiss justice minister Mr. Blocher when he met the US justice minister Ashcroft. In spite of that, it did not restore our case.
- The barbarian terrorist hijackers are cruelly stripping the innocent people from their properties, rights and life. The world cultured civilised society must not be dragged to follow their ruthless behaviour when they fight them, they should bring them to justice without injuring new innocent victims through injustice. The main issue is not only the delisting mechanism, but the lawfulness of the mechanism of listing legally and correctly. The law guards in Switzerland were expected not only to execute the implementation, but also to tackle the issue of procedure and evidential legality of the listing, without giving the totalitarian draconian governments in the middle east, and others the means to eliminate their political opponents by designating them without justification.
We can spot the following rules imposed against us ‘as innocent people’ through listing our names:
- No evidential basis for inclusion on the list,
- No right to fair and equitable hearing,
- No independent body to appeal to, only to the same committee( the opponent) and the needed anonymous decision could be blocked by any of those members who committed the injustice’,
- No freedom to revolt,
- No repair for the damage, economical or moral or health.
And the damage is to continue endless.
- My country’s Citizenship ‘Italy’ never prosecuted me, never accused me, only executed legal assistance request from Switzerland to raid our houses, confiscate our paper and hand them over to Switzerland.
- Italy was not the country, which coordinated what happened to us. The country which did that is Switzerland and the USA.
It is true that I am an Islamist. I am proud of that. As an Islamist I believe that any type of terrorism including what happened on September 11 th in New York, or in Madrid or in London, or anywhere, must never be condoned.
It is not against any specific country or people, it is against every value, or ethics, or religion including Islam.
It is against all the humanity. If they hijacked Islam and tried to use its name, justice must not punish the real law obedient Islamists
The Islamist did not give any mandate to those criminals to execute their ruthless cruel actions in their name. There is no base to put us in the same category with them.