By KANWAL TARIQ HAMEED
Published: 29 September 2006
A LAW was expected to be passed by the US Senate yesterday that would mean three Bahrainis at Guantanamo Bay cannot challenge their detention in American courts.
The bill, which has already been passed by the US House of Representatives, will take effect once ratified by US President George Bush.
More than two years ago, a US Supreme Court ruling cleared the way for Guantanamo Bay detainees to contest the legality of their imprisonment on US soil.
If passed, the new legislation overrides that decision and could leave the three Bahrainis, along with hundreds of others, stranded at the maximum-security facility, in Cuba, without the right to a trial in the US.
By KANWAL TARIQ HAMEED
Published: 29 September 2006
A LAW was expected to be passed by the US Senate yesterday that would mean three Bahrainis at Guantanamo Bay cannot challenge their detention in American courts.
The bill, which has already been passed by the US House of Representatives, will take effect once ratified by US President George Bush.
More than two years ago, a US Supreme Court ruling cleared the way for Guantanamo Bay detainees to contest the legality of their imprisonment on US soil.
If passed, the new legislation overrides that decision and could leave the three Bahrainis, along with hundreds of others, stranded at the maximum-security facility, in Cuba, without the right to a trial in the US.
Lawyers say they now expect the US government to move to throw out cases filed on behalf of Bahrainis Isa Al Murbati, Juma Al Dossary and Salah Al Blooshi – adding that they envision a “long legal battle” ahead.
“Undoubtedly, when the law becomes effective, the US government will again try to throw the cases of our clients out of court,” head of the legal team representing the Bahraini three, Joshua Colangelo-Bryan, said yesterday.
“The government will argue that our clients can be held forever without any criminal charges or a fair hearing.
“Meanwhile, it appears that alleged high-level Al Qaeda operatives, like Khaled Sheikh Mohammed, will be given trials under this law.
“Lawyers for the detainees will fight efforts to throw the detainees’ cases out of court.
“However, doing so will take time.
“Of course, it will be very difficult to explain to our clients that several years after the Supreme Court said they should have a fair hearing, we are no closer to them.
“It will also be very hard to explain to our clients that they will have to sit in Guantanamo while we fight this new law.
“There have been reports recently regarding the release of Kuwaiti and Saudi detainees.
“When I hear such reports and think about the long legal battle ahead, I can only hope that Bahrain is taking action like the governments in Kuwait and Saudi.
“Right now, that is the only chance for Juma, Isa and Salah.”
Al Murbati, Al Dossary and Al Blooshi have been imprisoned without trial for almost five years after being captured fleeing Afghanistan as it came under bombing from US and coalition troops in 2001.
