Note very carefully that
the following story is about detainees in Guantanamo who the military says should never have been incarcerated 5 years ago.
Trapped in limbo at the whim of Duhbya. mjh
Chinese Detainees’ Lawyers Will Take Case to High Court By Carol
D. Leonnig, Washington Post Staff Writer
The government acknowledges that the Uighurs were imprisoned by mistake in 2002. Military
officials determined in 2004 that they were not enemy combatants and should be released. …
Lawyers working on behalf of the
Uighurs argue that Robertson’s decision effectively “proclaims an Executive with unchecked power . . . to seize and perpetually imprison
persons from around the globe.”
“The prospect of innocent men detained indefinitely, and of an Executive wielding powers beyond
those granted to it by the Constitution . . . is simply intolerable,” they wrote. …
The administration has argued in court that
the president can continue to detain the Uighurs under the executive’s “necessary power to wind up wartime detentions in an orderly
fashion.”
The two men at the center of the dispute, Abu Bakker Qassim and Adel Abdu Hakim, were seized by bounty hunters in
Pakistan after they fled U.S. bombing in Afghanistan in the fall of 2001. They were turned over to U.S. forces and taken to Guantanamo
Bay in 2002. A military tribunal formally ruled in the spring of 2004 that they were not enemy combatants and should be released. Their
case could affect as many as nine Uighurs currently held at Guantanamo Bay.
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FindLaw: U.S. Constitution: Sixth Amendment
In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ….