US judge orders:
Release Guantanamo detainee
US: A US judge Wednesday ordered the release of a Kuwaiti held at
Guantanamo Bay for nearly eight years, directing "all necessary and
appropriate" steps be taken to repatriate him, his lawyer said.
Khaled Al-Mutairi, 34, was sent to the detention facility at
Guantanamo Bay, Cuba, after being arrested in Pakistan in 2001.
He was picked up after traveling to Afghanistan with a charitable
organization to build mosques and provide funds for schools and
orphanages.
US District Court Judge Colleen Kollar-Kotelly "ordered that the
government is directed to take all necessary and appropriate diplomatic
steps to facilitate the release of petitioner Al-Mutairi," defense
lawyer David Cynamon said.
The US Justice Department said it would review the ruling before
deciding whether to appeal.
Kollar-Kotelly's reasons for clearing the detainee were not
immediately known because her full opinion was classified.
"Since his imprisonment, all that Khaled Al-Mutairi and his family
have asked for is a fair hearing before an independent, impartial court
to test the evidence against him," Cynamon said in a statement.
"After more than seven long years of imprisonment, justice has
finally been served for Khaled," he said.
Al-Mutairi was held at the US detention center at Guantanamo as an
"enemy combatant," a designation used by the administration of former
president George W. Bush to justify indefinite detention of terrorism
suspects.
The US Supreme Court in June 2008 gave detainees at Guantanamo the
right to challenge their detention in federal court in Washington under
the principle of habeas corpus, the cornerstone of Anglo-Saxon law.
Federal judges have already reviewed some 30 cases and in the
majority of them concluded that the government did not have sufficient
evidence to establish guilt and continue detentions.
Cynamon noted that three other Kuwaitis suspected of terrorism remain
at Guantanamo, including Fayiz Al-Kandari, who has been formally charged
with war crimes but is yet to appear before a military court.
Their habeas corpus hearings are supposed to be held in August and
September, Cynamon said.
"There were originally 12 Kuwaitis in Guantanamo Bay. In 2005 and
2006, the United States returned eight of them to Kuwait where that
country's courts charged, tried and cleared them of wrongdoing," he
said.
There are currently 229 detainees at the prison in Guantanamo, which
US President Barack Obama has promised to close by January 2010.
Washington, Thursday, AFP |