Federal Judge Orders Release of Yemeni Detainee at Guantanamo

Via the Miami Herald, a federal judge yesterday granted the Habeas petition of Yemeni Mohammed Hassan, finding he was was illegally detained at Guantanamo.

Hassen argued at a 2004 status hearing at Guantanamo that the first time he heard of al Qaida was "in this prison.'' He claimed that he had been unjustly rounded up in a March 2002 dragnet by Pakistani security forces in the city of Faisalabad that targeted Arabs, including himself a student of Islam.

The number of detainees determined to be unlawfully held at Guantanamo by federal judges is now 36.

The win-loss scorecard was 14-36 on Wednesday. Civilian judges have upheld the military detentions of 14 other foreign men among the 181 war on terror captives at the U.S. Navy base in southeast Cuba.

As Glenn Greenwald writes today in A Disgrace of Historic Proportions, 72% of the 50 detainees who have brought habeas petitions since the Supreme Court ruling allowing them, have won.

The Obama Administration opposed Hassan's petition even though he had been cleared for release by the Bush Administration.

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  • Display: Sort:
    Your last sentence is a shocker. (5.00 / 2) (#1)
    by oculus on Fri May 28, 2010 at 12:11:16 PM EST

    unfortunately (none / 0) (#3)
    by CST on Fri May 28, 2010 at 01:54:46 PM EST
    it's not that much of a shocker anymore.

    It should be, I wish it were, that time has passed.


    Horrible (none / 0) (#4)
    by squeaky on Fri May 28, 2010 at 02:12:00 PM EST
    Although, which is worse, being cleared for release but never being released, or having the government opposed to your release and not releasing you. At least in the latter, you can hope to win and be released. The former seems more like Kafka.

    As horrible as this administration has been regarding releasing these innocents, capturing them in bad faith in the first place, admitting that they were innocent, yet not releasing them seems far worse, imo.


    Good to know... (5.00 / 1) (#2)
    by kdog on Fri May 28, 2010 at 01:09:48 PM EST
    some of the cats in robes haven't lost sight of fundamental human rights.

    This article on the Magna Carta (none / 0) (#7)
    by oculus on Fri May 28, 2010 at 10:46:28 PM EST
    doesn't really belong in the Arts section, IMO.  Wanted to make sure you saw it:  NYT

    The document itself (at the Morgan) is quite unprepossessing.


    Guantanamo lawyers targeted by Congress? (none / 0) (#5)
    by gondobie on Fri May 28, 2010 at 03:49:44 PM EST
    I wonder what your take (and BTD's) is on the provision in the National Defense Authorization Act of FY2011, which mandates that the Pentagon's IG investigate civilian lawyers who are representing Guantanamo detainees?  It passed out of the House Armed Services Committee with the full knowledge of that Committee's Democratic members.

    Jeralyn posted re this issue this week. (none / 0) (#6)
    by oculus on Fri May 28, 2010 at 10:42:56 PM EST
    Thanks. Missed it--will seek it out. (none / 0) (#8)
    by gondobie on Fri May 28, 2010 at 10:56:28 PM EST
    As a lawyer and friend of some of the defenders, this really struck a chord with me.