Another Victory for Gitmo Prisoner: Score Is Detainees 30, U.S. 7

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Friday, September 18, 2009 at 8:56 am

Late Thursday, a federal judge in Washington, D.C., granted yet another detainee at Guantanamo Bay the right to go free. That makes 30 out of 37 habeas corpus cases decided so far in which Guantanamo prisoners have won orders for their release. In each case, a federal judge has concluded, after reviewing all of the government’s evidence, that there is no justification for continuing to keep the detainee behind bars.

Yesterday’s ruling appears to be another case where, like in the case of Mohammed Jawad, the government’s primary evidence was based on coerced confessions following abusive interrogations, according to the detainee’s lawyers. (An unclassified version of the judge’s opinion laying out her reasoning is not yet available.) It’s also the second case in which a Guantanamo detainee who faced a war crimes charge by a U.S. military commission has been ordered freed.

In the habeas corpus petition granted yesterday, Fouad Mahmoud Al Rabiah, a 50-year-old Kuwaiti aeronautics engineer and businessman, claims he went to Afghanistan in 2001 to do charitable work in accordance with the requirements of Islam. But he was kidnapped and held hostage by the Northern Alliance, he says, which turned him over to U.S. authorities, which then sent him to Guantanamo Bay where he was imprisoned and interrogated for the next seven years.

The United States claimed Al Rabiah provided “material support” to the Taliban and al-Qaeda, and had met several times with Osama bin Laden, which Al Rabiah denied. At a hearing last month, according to the Miami Herald, Al Rabiah’s lawyers argued that U.S. soldiers had coerced and abused their client into falsely confessing that he ran a supply depot for al-Qaeda fighters in the Battle of Tora Bora in Afghanistan in December 2001. In fact, they argued, the U.S. military had confused Al Rabiah with another man who shared the same nickname. That man was killed by American air strikes.

Yesterday, Judge Colleen Kollar-Kotelly apparently found the government’s evidence against Al Rabiah unconvincing, and ordered it “to take all necessary and appropriate diplomatic steps to facilitate the release of Petitioner Al Rabiah forthwith.”

I’ll report back with more details when an unclassified version of the judge’s opinion is made available, which she said yesterday should be released by Sept. 25.

Comments

4 Comments

Empirical evidence of Bush Administration’s unjust imprisonments « Later On
Pingback posted September 18, 2009 @ 12:12 pm

[...] in Bush Administration, Daily life, GOP, Government, Law, Terrorism at 9:11 am by LeisureGuy Daphne Eviatar in the Washington Independent: Late Thursday, a federal judge in Washington, D.C., granted yet another detainee at Guantanamo Bay [...]


BEN1234
Comment posted September 22, 2009 @ 12:56 pm

The Highest Institution of the countries Justice Department's is sufficient to order the Interrogators to be tried in the same cases as that in which the accused were tried, because of instituting false case.
In each case the relevant authorities, should also be tried and be awarded with the penalty so provided and prescribed there in under the sections of law of the cases the accuse were charged with. This is the law in all countries, except that penal provision may vary for instituting case if proved the case so instituted is false.
The provision of law states the complainant (along with abettors) would face the same penalty as that an accused would face if proved guilty of the charges. Here the complainant and investigators being the of that of being government servant can legally be prosecuted and can be awarded the punishment prescribed there in under the section of law under the same sections law which the accused was falsely charged with.
This would also bring into it is fold all abettors involved in the orchestration of the system so involved in facilitating the filing of false cases against innocent citizen of won and that of different countries and keeping them under unlawful custody violating International law.
The Electronic & Printing Medias Journalist duty now is to verify the above statement and voicefor equity of justice to get everyone involved on the dock to face trial without any exception, or else journalism will prove to be on the side of the wrong doers as the worst Pimp in the history of the Man Kind.


bruce101
Comment posted December 11, 2009 @ 4:10 pm

well another commie judge sides with the enemy! i would like her to meet one of her muzzy pals who is wearing one of their special vests.i wonder what she would have to say about that?this clintonista judge needs to be impeached.


bruce101
Comment posted December 11, 2009 @ 9:10 pm

well another commie judge sides with the enemy! i would like her to meet one of her muzzy pals who is wearing one of their special vests.i wonder what she would have to say about that?this clintonista judge needs to be impeached.


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