In2HiDef
10-09-2008, 06:41 AM
A US federal judge has ordered that 17 Chinese Muslims held at the Guantanamo Bay military prison be released into the US by Friday, agreeing with the detainees' lawyers that the constitution bars holding the men indefinitely without cause.
It was the first time that a US court has ordered the release of a Guantanamo detainee, and the first time that a foreign national held there has been ordered brought to the US.
District Judge Ricardo Urbina issued the landmark ruling in the case of a small band of captives, known as Uygurs, who have been held at Guantanamo for nearly seven years and are no longer considered enemy combatants by the US government.
Mr Urbina rejected government arguments that he had no authority to order the men's release. He said he had such authority because the men were being held indefinitely and it was the only remedy available. He cited a June decision by an appellate court that found evidence against the Uygurs to be unreliable.
Unlike other captives, the men cannot be sent to their home country because the Chinese Government considers them terrorists and might torture them. US authorities released five Uygur detainees to Albania in 2006, but no other country wants to risk offending China by accepting the others. A US government appeal of the decision is likely.
Mr Urbina said the Uygurs would be in the custody of 17 Uygur families in the Washington area. The community reacted to the decision with jubilation.
The Uygurs' lawyers argued that the men have been confined for too long on flimsy evidence and posed no security threat to the US. The lawyers have suggested that authorities could supervise them much as they monitor criminal defendants released pending trial and that later the Government could find the Uygurs another home.
Lawyers with the Justice Department have argued that only the President has the authority to allow the men into the country. They also said the judge was barred from ordering their entry if they have ties to terrorist groups.
In court documents, they have contended that one of the men received training from a group that was later determined by the Bush Administration to be a terrorist organisation.
The Uygurs are natives of north-western China who have been demanding an independent homeland. Chinese authorities consider them separatists. Over the years, some have sought military training in other countries.
In 2001 most of the Uygurs now in Guantanamo Bay were living in camps in Afghanistan until US air strikes drove them into neighbouring Pakistan. They were captured there and turned over to US authorities.
The Washington Post
It was the first time that a US court has ordered the release of a Guantanamo detainee, and the first time that a foreign national held there has been ordered brought to the US.
District Judge Ricardo Urbina issued the landmark ruling in the case of a small band of captives, known as Uygurs, who have been held at Guantanamo for nearly seven years and are no longer considered enemy combatants by the US government.
Mr Urbina rejected government arguments that he had no authority to order the men's release. He said he had such authority because the men were being held indefinitely and it was the only remedy available. He cited a June decision by an appellate court that found evidence against the Uygurs to be unreliable.
Unlike other captives, the men cannot be sent to their home country because the Chinese Government considers them terrorists and might torture them. US authorities released five Uygur detainees to Albania in 2006, but no other country wants to risk offending China by accepting the others. A US government appeal of the decision is likely.
Mr Urbina said the Uygurs would be in the custody of 17 Uygur families in the Washington area. The community reacted to the decision with jubilation.
The Uygurs' lawyers argued that the men have been confined for too long on flimsy evidence and posed no security threat to the US. The lawyers have suggested that authorities could supervise them much as they monitor criminal defendants released pending trial and that later the Government could find the Uygurs another home.
Lawyers with the Justice Department have argued that only the President has the authority to allow the men into the country. They also said the judge was barred from ordering their entry if they have ties to terrorist groups.
In court documents, they have contended that one of the men received training from a group that was later determined by the Bush Administration to be a terrorist organisation.
The Uygurs are natives of north-western China who have been demanding an independent homeland. Chinese authorities consider them separatists. Over the years, some have sought military training in other countries.
In 2001 most of the Uygurs now in Guantanamo Bay were living in camps in Afghanistan until US air strikes drove them into neighbouring Pakistan. They were captured there and turned over to US authorities.
The Washington Post