Dozens of Gitmo Detainees Get Habeas Hearings By Video
While the focus on Guantanamo this week has been on the 10 who will be charged in federal court or military commission trials, the AP today has a report on the 15 Judges of the U.S. District Court for the District of Columbia who have been holding habeas hearings for the Guantanamo detainees not charged with crimes. The hearings have been ongoing as a result of the Supreme Court's decision that detainees have the right to challenge their detention and conditions of confinement. So far, 30 have been ordered released, and 8 have been ordered detained. The scorecard is here.
- Total Habeas Cases Decided: 38
- Habeas Cases Granted: 30
- Habeas Cases Denied: 8
- Habeas Granted and Released: 18
- Habeas Granted and Still Detained: 12
- Current Guantanamo Population: 215
The court's public website for the cases is here. Some ruling excerpts:
"There is absolutely no reason for this court to presume that the facts contained in the government's exhibits are accurate," District Judge Gladys Kessler wrote in ordering the release of Alla Ali Bin Ali Ahmed. He was repatriated to Yemen after a seven-year stay at Guantanamo, where he was brought as a teenager.
...The evidentiary record "is surprisingly bare," U.S. District Judge Colleen Kollar-Kotelly wrote in ordering the release of Fouad Mahmoud Al Rabiah, a 50-year-old father of four from Kuwait who had been an aviation engineer for Kuwaiti Airways for 20 years. He has been imprisoned at Guantanamo Bay since 2002.
Dozens have been cleared by federal judges for release, but only 25 actually have left, because they can't be released into the U.S. and other countries must be found to take them. How the hearings work:
The district judges contacted the attorney general and the defense secretary to arrange for a secure video link to Guantanamo. A few judges have taken testimony by satellite from several detainees who wanted to speak on their own behalf.
Typically, the first half hour of a detainee's hearing is open to the public, with the prisoner listening by phone. Then the courtroom doors are locked, and the judges hear classified evidence.
Each of the 15 judges' chambers was outfitted with a safe, special laptop computers and printers and each of the judges' law clerks underwent background checks and was given a security clearance to deal with classified information that dominates the evidence.
Here is the calendar for upcoming hearings.
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