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翻譯：
              Guant命運？namo被拘留者黑暗
星期三， 2009年1月14日
由威廉Fisher | 人權小組在他的第一個整天稱讚報告那Barack Obama總統當選人計劃發布一個行政命令在指揮Guant的closing的辦公室？namo海灣隔離營在古巴。 但他們敦促他提供細節在何時並且怎樣它將做，并且什麼將發生在現在被監禁的那些那裡。 在一個電話會議星期二與記者， Caroline Frederickson，美國公民自由聯合(ACLU)的首要立法代表，說closing Gitmo將意味一點，如果被拘留者簡單地被移動了向一些其他地點。 她也說她需要再保證Obama管理不會提出「防範性拘留系統」。 「它不是簡單地結束Guant的足够？namo甚至暫停軍委試驗當前發生那裡」，她說。 她請求國會撤銷軍委行動2006年，給總統當局扣留人，包括美國。 公民，不確定地免費或試驗。 法律擁護團體人權的法律和安全節目的Deborah Colson (HRF)首先告訴了IPS關閉的Guant ？namo意志「展示世界我們對我們的價值是嚴肅的」。 但，她在我們的聯邦法庭補充說，它「為被懷疑的恐怖分子的邢事訴訟將要求接受經過時間檢驗的規程」。 關閉的Guant ？namo是不太可能迅速完成。 Obama接收小組的一位官員據報道認為會需要幾個月轉移某些剩餘的248個囚犯到其他國家，決定如何嘗試嫌疑犯和應付關閉形成的許多其他訴訟陣營。 然而，轉折官員認為Obama做到命令喬治W.的直接懸浮。 布什政府的軍委系統為嘗試的被拘留者。 另外，接踵而來的管理據報道拒绝提案尋找新的法律批准的不確定的拘留在美國裡面。 布什政府堅持，這樣措施是必要結束Guant ？namo陣營和給美國帶來某些被拘留者。 同時，很多個Gitmo被拘留者命運在法院繼續演奏。 在星期二， ACLU在聯邦法庭提出了請求為人身保護權在華盛頓，質詢Mohammed Jawad的拘留，被拿著在Guant ？namo超過六年。 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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