Seven years after being detained for plotting to bomb the U.S. embassy in Sarajevo, (the U.S. government later retracted that allegation, and instead said that they were likely to return to Afghanistan to fight against the U.S.) five detainees left Guantanamo Bay. While the legal ramifications have yet to be seen, it is definitely a move away from the past practice of allowing the administrations nearly free reign in determining what constitutes an “enemy combatant,” and the legal authority of our government to hold such individuals.
- “A federal district judge, Richard Leon, today ordered the Bush administration “forthwith” to release five Algerian detainees who have been held in Guantanamo without charges since January, 2002—almost seven full years. The decision was based on the court’s finding that there was no credible evidence that the 5 detainees intended to take up arms against the U.S. The court found sufficient evidence to justify the ongoing detention of a sixth Algerian detainee.” – from “Five detainees ordered released “forthwith after seven years at Guantanamo, at Salon: Glenn Greenwald
- “Ruling from the bench, a federal judge has found that five Algerian men were held unlawfully for nearly seven years at the U.S. military facility at Guantanamo Bay, Cuba, and ordered that they be released “forthwith.” U.S. District Judge Richard Leon also urged the government not to appeal his decision, reports the New York Times. The judge, who heard the evidence against the men in a closed courtroom, is the first to hold hearings on whether Gitmo prisoners were lawfully detained.” – from 5 Gitmo Detainees Held Unlawfully, Federal Judge Says, at ABA Journal Daily News
- “In the end, Judge Leon ruled that government lawyers failed in their burden to prove the men meet the definition of “enemy combatant” and could no longer hold them. The sixth man, Belkacem Bensayah, will remain in custody at Guantanamo Bay. Judge Leon held there was sufficient evidence to prove his link to Al Qaeda. The judge made the unusual move of urging government lawyers not to appeal his ruling, but to instead set the five men free. However, the Department of Justice has indicated it will appeal the ruling.” – from The Gitmo Decision, at On The Scene
- “Big news on the detainee front: A federal judge has ordered the release of enemy combatants from Gitmo, ruling that the government had provided insufficient evidence to continue their detentions. The decision came in the case of six Algerians — including Lakhdar Boumediene, a named plaintiff in the Supreme Court’s landmark Gitmo case — who were detained in Bosnia after the 9/11 attack.” – from Judge Tells Gov’t Not to Appeal Detainee Ruling; 7 Yrs of Waiting Enough, at WSJ.com Law Blog
- “It should be noted that Judge Leon is a Bush appointee who previously ruled against the detainees the first time their case came around. (The sixth man was deemed to have provided support to al Qaeda.) Judge Leon ordered the men to be released “forthwith,” and urged the United States not to appeal, but I suspect that an appeal will come. Of course, things could get shaken up quite a bit if Eric Holder is named as Attorney General and he gets confirmed for the post, because he is on record as being very outspoken against the maintenance of Guantanamo Bay.” – from Gitmo Releases, at CM Choate’s Lawblog
Comments