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Mohammed El Gharani Ordered Released from Guantanamo

By possum

News of the day includes the second ruling by U.S. District Judge Richard J. Leon that the U.S. must release a detainee.

In today's ruling, Leon said the Justice Department failed to prove that Mohammed El Gharani, 21, was an enemy combatant because it relied almost exclusively on statements made by two other detainees whose credibility has been called into question by government personnel.

Gharani was a citizen of Chad detained in Pakistan in 2002 and held since.  Charges put forth by the U.S. government included membership in a terrorist organization in London in 1998.  At the time Gharani was only 11 years old and living with his parents in Saudi Arabia.

Leon's order comes in a lawsuit brought against the government challenging Gharani's detention under the legal doctrine of habeas corpus.

Scores of other detainees are contesting their detention under the same ruling.

Today's ruling is subject to review by other judges, but at least the window is open.  This is one major step toward freedom for Ghatani.  Leon had strong words to day about the government case.

A mosaic of tiles this murky reveals nothing about this petitioner with sufficient clarity, either individually or collectively, that can be relied upon by this court.

Given the ongoing legal tangles of prosecution of the detainees why would anyone expect facts and justice at this time?  A murky mosaic may be the best ever offered.

Peace.

Full post as published by Never In Our Names on January 15, 2009 (boomark / email).