Judge: Let Chinese Muslims in Gitmo into U.S.

WASHINGTON - A federal judge ordered the Bush administration Tuesday to immediately free 17 Chinese Muslims from Guantanamo Bay into the United States, rebuking the government in a landmark decision that could set the stage for the release of dozens other prisoners in Cuba.

U.S. District Judge Ricardo M. Urbina in Washington said it would be wrong for the government to continue holding the detainees, known as Uighurs (WEE'-gurz), who have been jailed for nearly seven years, since they are no longer considered enemy combatants. Over the objections of government lawyers who called them a security risk, Urbina ordered their release by Friday.

"Because the Constitution prohibits indefinite detentions without cause, the continued detention is unlawful," Urbina said in a ruling that brought cheers and applause from a standing-room only courtroom filled with dozens of Uighurs and human rights activists.

He also ordered a hearing for next week to decide where the Uighurs should be permanently settled. Until then, members of the Uighur community in the D.C. area have offered to take them in and will help care for them.

Justice Department spokesman Brian Roehrkasse said the government plans to ask a federal appeals court to step in while attorneys file an appeal. He said the detainees had admitted receiving weapons training in Afghanistan and were a national security risk.

"The district court's ruling, if allowed to stand, could be used as precedent for other detainees held at Guantanamo Bay, including sworn enemies of the United States suspected of planning the attacks of 9/11, who may also seek release into our country," White House spokeswoman Dana Perino said.

Gitmo's grim history
At issue is the scope of a federal judge's power to order the release of a Guantanamo prisoner, who was unlawfully detained by the U.S. but who cannot be sent back to his homeland. The Uighurs, who are Turkic-speaking Muslims in western China, have been cleared for release from Guantanamo since 2004 and ordinarily they would be sent home.

But the Uighurs cannot be sent back to China where they are considered terrorists and could be tortured, and the Bush administration says no country is willing to accept them. Albania accepted five Uighur detainees in 2006 but has since balked on taking others due partly to fears of repercussions with China.

Urbina's decision also has broader implications for the future of the Guantanamo prison, which the Bush administration has said it would like to shut down after "working with other countries to take people back under the right circumstances." A federal judge is set later this month to hold hearings on other Guantanamo prisoners challenging their detention as so-called enemy combatants.

About 20 percent of about 250 detainees who remain at the military prison fear torture or persecution if they return to their home countries, according to the New York-based Center for Constitutional Rights, raising similar questions as to where they should go if other countries refuse to take them. The U.S. has long maintained they should stay at Guantanamo.

"How many times does the Bush administration need to be told that detainees are entitled to essential rights? All the remaining detainees in Guantanamo Bay must be either charged and tried or released immediately," said Larry Cox, executive director of Amnesty International USA.

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