‘Free Bay Bahrainis now’ call
By EUNICE del ROSARIO
Published: 6th June 2007
RULINGS by two US courts that they did not have jurisdiction to prosecute Guantanamo Bay detainees have prompted calls for the release of two Bahrainis currently being held at the controversial prison camp in Cuba.
Cases against the only two detainees charged with crimes collapsed on Monday.
Military trials of the terror suspects were thrown into chaos when two courts agreed to drop charges against Canadian Omar Khadr, 20, and Yemeni Salim Ahmed Hamdan, 37.
A judge ruled that he did not have jurisdiction to try Khadr, who has been held at the US naval base since he was 15, prompting a second judge to echo the ruling in the trial of Hamdan, who allegedly chauffeured Osama bin Laden.
‘Free Bay Bahrainis now’ call
By EUNICE del ROSARIO
Published: 6th June 2007
RULINGS by two US courts that they did not have jurisdiction to prosecute Guantanamo Bay detainees have prompted calls for the release of two Bahrainis currently being held at the controversial prison camp in Cuba.
Cases against the only two detainees charged with crimes collapsed on Monday.
Military trials of the terror suspects were thrown into chaos when two courts agreed to drop charges against Canadian Omar Khadr, 20, and Yemeni Salim Ahmed Hamdan, 37.
A judge ruled that he did not have jurisdiction to try Khadr, who has been held at the US naval base since he was 15, prompting a second judge to echo the ruling in the trial of Hamdan, who allegedly chauffeured Osama bin Laden.
In both cases, judges found that they had no jurisdiction to proceed with military commission trials as neither Khadr nor Hamdan had been classified as “unlawful enemy combatants” as required by US law.
They are only classed as “enemy combatants” and the surprise rulings threatened to torpedo the US government’s pursuit of Guantanamo Bay terror suspects through new-look military tribunals.
Vice-president of the dissolved Bahrain Centre for Human Rights Nabeel Rajab, who has been following the cases of detainees – including two remaining Bahrainis Juma Al Dossary and Isa Al Murbati – said the latest hearing proved their detention was illegitimate from the beginning.
“Although the dropping of all war crimes against the two Guantanamo prisoners facing trial is good news, it makes me think that these people should not have been held at Guantanamo Bay for such a long time,” said Mr Rajab.
“The prisoners’ situation there does not by any means meet international standards.
“They are being detained illegally and the US needs to realise that they must be returned to their homeland.
“Here in Bahrain, we look forward to the remaining two Bahrainis coming home.”
Both Al Dossary and Al Murbati have been held at Guantanamo Bay for more than five years without charge or trial.
“We urge the Bahraini government to try to pressure the US to return our people,” said Mr Rajab.
“Even though the outcome of this trial is favourable to the two prisoners, look how long it took for them to hear their cases.
“(Omar Khadr) was only 15 when he was taken to Guantanamo Bay. Now he is 20. That is five years of his life wasted, for what?
“Everybody deserves to be treated fairly and those people (at Guantanamo Bay) are simply not being treated fairly.”
The White House yesterday said it disagreed with the rulings and that the US Defence Department was considering whether to appeal.
“We don’t agree with the ruling on the military commissions,” White House spokesman Tony Fratto told reporters in Prague, where US President George W Bush is meeting leaders of the Czech Republic.
The Defence Department will decide whether it is appropriate to file an appeal or not, said Mr Fratto.
US Defence Secretary Robert Gates said he was not familiar with the details of the ruling.
“If it is as described, that’s the reason we have a judicial process in all of this and we’ll have to take a look at it and see what the implications are,” he said.
The rulings did not affect US authority to indefinitely hold the 400 foreigners detained at Guantanamo Bay.
But it was the latest setback for the Bush administration’s efforts to put the Guantanamo captives through some form of judicial process.
Lawyers said that despite their charges being dropped, both Khadr and Hamdan are likely to remain in legal limbo at the base along with the others.
Three Bahrainis, Adel Kamel Hajee, Abdulla Al Nuaimi and Shaikh Salman bin Ibrahim Al Khalifa were released from Guantanamo Bay in 2005, while Salah Al Blooshi was released in October last year. dreunice@gdn.com.bh
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