Judge orders release of Chinese Muslims into US (11:48 a.m.)
WASHINGTON - A federal judge ordered the Bush administration to free immediately 17 Chinese Muslims from Guantanamo Bay into the United States, a dramatic ruling that could set the course for releasing dozens of other prisoners from the U.S. naval facility in Cuba.
The Bush administration criticized Tuesday’s decision as a threat to national security and quickly moved to block the decision in federal appeals court.
“Today’s ruling presents serious national security and separation of powers concerns and raises unprecedented legal issues,” said Justice Department spokesman Brian Roehrkasse.
In a stern rebuke of the government, U.S. District Judge Ricardo M. Urbina said it would be wrong to continue holding the detainees since they no longer are considered enemy combatants. Members of the ethnic group known as Uighurs, the men have been in custody for almost seven years.
Over the objections of government lawyers who continued to cast the Uighurs as possible terror threats, Urbina ordered them to be released, in Washington, by Friday. It was the first court-ordered release of Guantanamo detainees since the prison camp opened in 2002.
“I think the moment has arrived for the court to shine the light of constitutionality on the reasons for the detention,” Urbina said.
Emi MacLean, an attorney with the Center for Constitutional Rights, said she hoped the decision would encourage other foreign countries to take in Guantanamo detainees who have not been charged.
“Finally, we are beginning the process of taking responsibility for our mistakes and fixing them,” she said. “Allowing these wrongfully detained men a fresh start would also provide the U.S. a fresh start - an opportunity to turn a page and finally take a position of leadership in closing Guantanamo.”
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