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Last week Judge Gladys Kessler of the U.S.
District Court for the District of Columbia issued
an injunction preventing the Pentagon from 'transferring' a prisoner, Mohammed Abdul Rahman, from Guantanamo
to his native Tunisia.
Such 'transfers' are not transfers at all,
but disappearances to hide torture by silencing survivors.
Judge Kessler’s injunction is a welcome
sliver of hope that courts will finally limit the Adminstration’s torture
operation in Guantanamo."This is the first time," Mr.
Rahman's attorney Joshua Denbeaux told the Washington Post, "that the
judicial branch has exercised its inherent power to control the excesses of the
executive as to treatment of prisoners at Guantanamo Bay.
The executive has now been told it cannot bury its Guantanamo
mistakes in Third World prisons."
But Mr. Denbaux might have overstated the
value of the case. The injunction applies only to Mr. Rahman and only
until the Supreme Court decides if the prisoners held at Guantanamo will be allowed to file habeas
corpus petitions in US courts.We can
hope, though, that other judges follow Judge Kessler’s courageous lead.
The United States has never charged Mr.
Rahman with a crime. Why, then, can’t he
file a petition for habeas corpus? Because the Military Commissions Act stripped him of the right to
challenge his detention in US courts.
Thus, he could be detained forever or
transferred anywhere, without our courts ever considering whether he violated
any law or was held in violation of United States or international law.
Judge Kessler issued the injunction because
she found that Mr. Rahman could face “irreparable harm” if he is transferred to
Tunisia — it would do him little good if he ultimately is allowed to challenge his detention if he is
already being held and tortured in Tunisia (the two Guantanamo prisoners
already transferred to Tunisia claim to have been tortured upon arrival).
Over 400 prisoners have already been
'transferred' or 'repatriated' out of Guantanamo, many into prisons of
dictators that regularly practice torture and are not known for giving
prisoners a fair trial.
These transfers have one purpose: to silence
Guantanamo
prisoners. We cannot try them, for if we
do that a court may find them innocent. And if they are found innocent, they might talk about what we did to
them.
So we transfer them to torture chambers
around the world, confident that men such as Mr. Rahman will not be able to
tell their story from a cell in a prison in Tunisia.
Subjects:
District Courts |
Guantanamo |
Supreme Court |
Transfers
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