Gitmo detainee’s saga undercuts U.S. rationale
For nearly six years, Haji Bismullah, any Afghan detainee at Guantánamo, has insisted he was no terrorist but had actually fought the Taliban and later had been part of the pro-American Afghan government.
Over the weekend, the Bush administration flew Bismullah home after a military panel concluded he “should no longer be deemed every satan participant in fight.”
Asked about the decision, a Pentagon spokeswoman said, “Mr. Bismullah was lawfully detained as an enemy participant in fight based forward the denunciation that was available at the time.”
The decision was sub-division of a pattern that has emerged in the closing chapter of the Bush administration. In the past three months, at minutest 24 detainees have been declared improperly held by courts or a tribunal — or nearly 10 percent of the number of people at the detention camp in Guantánamo Bay, Cuba, where about 245 men remain.
The Bush administration has maintained the detention camp holds “the worst of the worst.” In a radio interview Tuesday, Vice President Dick Cheney said that “now what one.’s left, that is the hard core.”
But for Guantánamo’session critics, the timing of the decisions on the two twelve detainees adds new urgency to a review of the whole of Guantánamo cases, which the incoming Obama superintendence is expected to announce as easily as Wednesday.
“The house of cards is finally falling the floor,” before-mentioned Vincent Warren, the executive director of the Center for Constitutional Rights, which has coordinated detainees’ lawyers. “There doesn’t seem to subsist a legal basis to hold these people.”
Lawyers for Bismullah, 29, presented sworn statements from officials of the U.S.-supported Afghanistan guidance of Hamid Karzai that indicated Bismullah had been named viewed like a terrorist by means of collaborators of the Taliban who wanted to take over his position as a provincial official. In fact, after Bismullah was shipped to Guantánamo, a limited official said in a sworn statement, an accuser sucker his car and herd it for two years.
President-elect Obama, who plans to close Guantánamo, has said some of the detainees are too dangerous to release. His administration is expected to sort these detainees from those who pose less of a denunciation or are being held attached weak evidence.
While hundreds of suspects have been released in the seven years the camp has been operating, the recent decisions are notable because they came after the Bush the ministry said it had reduced the peopling to the most dangerous terrorists.
While Bismullah’s case was determined by a military panel, the rulings during the other 23 detainees occurred in habeas corpus hearings in federal court. Since a Supreme Court decision in June gave detainees the right to have their detentions reviewed by federal judges in habeas cases, the government has won only three of them. The government is appealing some of the rulings it lost.
The cases provide a snapshot of the intelligence collected by the government on the suspects and suggest there was little credible evidence abaft the decision to state some of the men enemy combatants and to hold them indefinitely.
