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翻译：
              Guant命运？namo被拘留者黑暗
星期三， 2009年1月14日
由威廉Fisher | 人权小组在他的第一个整天称赞报告那Barack Obama总统当选人计划发布一个行政命令在指挥Guant的closing的办公室？namo海湾隔离营在古巴。 但他们敦促他提供细节在何时并且怎样它将做，并且什么将发生在现在被监禁的那些那里。 在一个电话会议星期二与记者， Caroline Frederickson，美国公民自由联合(ACLU)的首要立法代表，说closing Gitmo将意味一点，如果被拘留者简单地被移动了向一些其他地点。 她也说她需要再保证Obama管理不会提出“防范性拘留系统”。 “它不是简单地结束Guant的足够？namo甚至暂停军委试验当前发生那里”，她说。 她请求国会撤销军委行动2006年，给总统当局扣留人，包括美国。 公民，不确定地免费或试验。 法律拥护团体人权的法律和安全节目的Deborah Colson (HRF)首先告诉了IPS关闭的Guant ？namo意志“展示世界我们对我们的价值是严肃的”。 但，她在我们的联邦法庭补充说，它“为被怀疑的恐怖分子的邢事诉讼将要求接受经过时间检验的规程”。 关闭的Guant ？namo是不太可能迅速完成。 Obama接收小组的一位官员据报道认为会需要几个月转移某些剩余的248个囚犯到其他国家，决定如何尝试嫌疑犯和应付关闭形成的许多其他诉讼阵营。 然而，转折官员认为Obama做到命令乔治W.的直接悬浮。 布什政府的军委系统为尝试的被拘留者。 另外，接踵而来的管理据报道拒绝提案寻找新的法律批准的不确定的拘留在美国里面。 布什政府坚持，这样措施是必要结束Guant ？namo阵营和给美国带来某些被拘留者。 同时，很多个Gitmo被拘留者命运在法院继续演奏。 在星期二， ACLU在联邦法庭提出了请求为人身保护权在华盛顿，质询Mohammed Jawad的拘留，被拿着在Guant ？namo超过六年。 Jawad, now about 23 years old, was captured at the age of 16 or 17 and is one of two Guant?namo prisoners the U.S. is prosecuting for acts allegedly committed when they were juveniles. He is accused of throwing a hand grenade at two U.S. service members and their interpreter in Afghanistan. “It would be a miscarriage of justice for President-elect Obama to continue Mr. Jawad’s unlawful detention in Guant?namo, particularly considering that Mr. Jawad was captured as a teenager and detained based on alleged confessions obtained through torture,” said Hina Shamsi, an ACLU attorney. “The Bush administration compounded this injustice by using torture-derived evidence to prosecute Mr. Jawad for war crimes in the unconstitutional military commissions. The government’s continued detention and prosecution of Mr. Jawad violates America’s values and the Constitution, as well as this country’s binding obligations under the Geneva Conventions and human rights law,” she said. In September, the military’s prosecutor resigned from the military commissions because he did not believe he could ethically proceed with the case. He told the court there was “no credible evidence or legal basis” to justify Jawad’s detention and prosecution, and that the commission system’s flaws make it impossible for anyone “to harbor the remotest hope that justice is an achievable goal.” A month later, Army judge Col. Stephen Henley held that evidence collected while Jawad was in U.S. custody could not be admitted in his trial because it had been obtained under duress. Among various forms of abusive treatment, Jawad was a victim of the military’s so-called “frequent flyer” program, in which detainees at Guant?namo were subjected to sleep deprivation for extended periods of time. In May 2004, a few months after Jawad tried to commit suicide in his cell, prison officials deprived him of sleep for two weeks by moving him 112 times in 14 days ? after having been ordered by their commanding general to discontinue this practice. The government told the judge that Jawad’s alleged confessions were the centerpiece of its case against him. “The fact that the government persists in trying to use evidence obtained through torture says everything you need to know about the integrity of its case,” said U.S. Air Force Major David J. R. Frakt, who represents Jawad. The Bush administration is appealing the Guant?namo military judge’s decision to throw out the “tainted” evidence. In a separate case, the trial of another “child soldier,” Canadian citizen Omar Ahmed Khadr, is scheduled to begin Jan. 26. Khadr was captured by U.S. forces when he was 15, following a four-hour firefight with militants in a village in Afghanistan. He has spent six years in Guant?namo charged with war crimes and providing support to terrorism after allegedly throwing a grenade that killed a U.S. soldier. But in February of 2008, the Pentagon accidentally released documents that revealed that while Khadr was present during the firefight, there was no evidence that he had thrown the grenade. In fact, military officials had originally reported that another militant had thrown the grenade just before being killed. HRF’s Deborah Colson told IPS that Obama’s plan to close Gitmo will be further complicated if he “does not make an immediate decision to suspend all military commission proceedings, including the trial of Omar Khadr.” Among the many complications surrounding the closing of Guant?namo is the question of what to do with detainees the U.S. government has cleared for release. In December 2008, the government attempted to halt the cases of approximately 20 detainees the Defense Department had cleared for transfer out of Guant?namo. A few weeks later, a federal court rejected the government’s action. The ruling, from Judge Thomas Hogan of the United States District Court for the District of Columbia, meant that lawyers for the detainees could go forward with attempting to seek their release from detention. As recognized by the Supreme Court and by District Court Judge Ricardo Urbina in the case involving 17 Chinese Muslims ? known as Uighurs ? remaining at Guant?namo, a core facet of the fundamental right of habeas is the ability of a federal court to order release in cases of unlawful detention. Judge Urbina ruled the Uighurs should be released from Guant?namo and admitted into the U.S. The government is appealing that decision. “An administrative order that says that they are free to go is not relief after seven years of imprisonment,” says Emi MacLean, an attorney with the Center for Constitutional Rights. “These men need to be released from prison, and this relief is long overdue.” There are approximately 50-60 detainees at Guant?namo who cannot be sent to their home countries for fear of torture or persecution or because of statelessness. These include the 17 Uighurs from China as well as men from Azerbaijan, Algeria, Libya, Palestine, Russia, Syria, Tajikistan, Tunisia, and Uzbekistan. Have Your Say: Fate of Guant?namo Detainees Still Murky Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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