Judge bars transfer of Guantánamo detainee to Tunisia


By
<http://www.iht.com/cgi-bin/search.cgi?query=By%20William%20Glaberson&so\
rt=publicationdate&submit=Search>  
<http://www.iht.com/cgi-bin/search.cgi?query=By%20William%20Glaberson&so\
rt=publicationdate&submit=Search> William Glaberson
<http://www.iht.com/cgi-bin/search.cgi?query=By%20William%20Glaberson&so\
rt=publicationdate&submit=Search>

Published: October 10, 2007











In what appeared to be the first ruling of its kind, a federal judge has
barred the Bush administration from sending a Guantánamo detainee to
his home country, where he claims he would face torture, according to an
order unsealed Tuesday in Washington.

The judge, Gladys Kessler of U.S. District Court for the District of
Columbia, issued an injunction prohibiting the planned transfer of the
detainee to Tunisia, which has been criticized by U.S. and international
officials for human rights abuses.

Saying that the detainee, Mohammed Rahman, claimed that such a transfer
would amount to a death sentence, Kessler said "it would be a profound
miscarriage of justice" if she allowed the government to send him to
Tunisia.

"At that point, the damage would have been done," she wrote, adding that
Rahman faced a 20-year sentence after a conviction at a terrorism trial
the Tunisian government held while he has been in detention at the U.S.
Naval Base at Guantánamo Bay, Cuba.

Advocates for detainees and human rights groups said the ruling was an
important development in the legal battle over Guantánamo. They said
it could reshape what have been frequent legal conflicts over
administration plans to send detainees to countries where they say they
face torture or mistreatment.







"It is the only time a court has said the government does not have the
unfettered right to do what they will with these people," said one of
Rahman's lawyers, Joshua Denbeaux.

The ruling was the latest illustration of the hurdles the government
faces in its effort to reduce the numbers of detainees at Guantánamo.
State Department officials have said their efforts to repatriate many of
the remaining 330 Guantánamo detainees have been hampered by
resistance from some countries and by the government's own concerns
about human rights issues.

In other cases, lawyers for detainees have tried to block transfers
based on human rights concerns but have failed. Detainees' lawyers said
Tuesday that they knew of no other case in which a judge had barred a
transfer. Some lawyers said Tuesday that they expected an appeal and
that it was far from clear how appeals judges would view the ruling.
Erik Ablin, a Justice Department spokesman, said the department had
argued that the judge lacked the power to issue the injunction. The
government, he said, is "reviewing the district court order and
considering its options."

Cynthia Smith, a Defense Department spokeswoman, said officials had
worked to ensure that mistreatment of transferred detainees did not
occur and investigated accusations of mistreatment. "Detainees are not
repatriated to countries where it is more likely than not that they will
be tortured," Smith said.

Kessler, who was appointed by President Bill Clinton, said she was
acting because of the Supreme Court's decision in June to review whether
the Guantánamo detainees can bring habeas corpus suits, which are
broad challenges to a detainee's confinement. She said that the Supreme
Court's decision to hear the case "cast a deep shadow of uncertainty"
over previous rulings restricting detainees' rights.



<http://www.iht.com/articles/2007/10/10/news/detain.php
<http://www.iht.com/articles/2007/10/10/news/detain.php> >



[Non-text portions of this message have been removed]



--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/osint/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[EMAIL PROTECTED] 
    mailto:[EMAIL PROTECTED]

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 

Reply via email to