Federal Judge Grants Habeas Writ Due to Torture Issues

By Andy Jones

A federal trial judge in Washington today granted a petition for a writ of habeas corpus from a detainee who has been held at the Guantanamo Bay, Cuba, detention facility since 2002. The judge found the government had failed to demonstrate that the detainee was a member of al-Qaida.

The Obama administration contends that Uthman Abdul Rahim Mohammed Uthman, a Yemeni citizen, traveled to Afghanistan to join al-Qaida and became a fighter and bodyguard for Osama bin Laden. Uthman, who contends he is not an al-Qaida member, argues that he went to Afghanistan to teach the Quran to children.

The administration’s argument was based in significant part on the evidence provided by captured al-Qaida members Sharqwi Abdu Ali Al-Hajj and Sanad Yislam Ali Al Kazimi.

In a 20-page opinion, Judge Henry Kennedy Jr. of the U.S. District Court for the District of Columbia concluded that evidence was not credible because both men had been recently tortured when they made their statements.

“In light of the abusive circumstances of the detention of these men and serious questions about the accuracy of their identifications of Uthman, the Court finds these statements to be unreliable,” Kennedy wrote.

The judge ruled that there was evidence that Uthman studied at a school where men were recruited by al-Qaida, received money for a trip to Afghanistan from an individual supporting jihad, traveled along a route taken by al-Qaida recruits, was seen at two al-Qaida guesthouses, and was with al-Qaida members in the vicinity of Tora Bora after the battle between U.S. armed forces and al-Qaida members.

However, Kennedy stated that the facts did not provide a definitive link between Uthman and al-Qaida. “Even taken together, these facts do not convince this Court by a preponderance of the evidence that Uthman received and executed orders from Al Qaeda,” Kennedy wrote.

Comments

[Shabash K. Morton]

It's nice to hear that preponderance of evidence, rather than political allegiance, assumed fear, and/or inflated Constitutional authority, still matters in a court of law.

[Marsha]

I can appreciate any judge who up holds the Rule of Law. This entire Guantanamo issue has far greater ramifications for our system then most think.