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U.S. judge orders Guantanamo prisoner Jawad freed
2009-07-30
WASHINGTON (Reuters) - A U.S. judge on Thursday ordered that one of the youngest detainees held at Guantanamo Bay, Cuba, be released for what is expected to be a trip home to Afghanistan, a case that could be a model for dealing with the other 228 prisoners there. The release of Mohammed Jawad would be the first under new stricter rules set by the U.S. Congress for dealing with the detainees held at the prison at a U.S. naval base in Cuba, which President Barack Obama has pledged to close by mid-January 2010. The Obama administration insisted it still was weighing a criminal case in U.S. federal court against Jawad for allegedly tossing a grenade that wounded two U.S. soldiers and their interpreter in Kabul in late 2002, but that no decision has been made. "Enough has been imposed on this young man," U.S. District Judge Ellen Huvelle said in a packed courtroom. She said she hoped Jawad would be on his way to Afghanistan by August 24 but declined to order the timing and methods for his move. Huvelle, who has had fiery exchanges with the administration over the case, noted that Jawad has been held at the prison for more than six years but much of the evidence had been tossed out because it had been obtained through torture. She gave the government until Aug 6. to file the necessary paperwork with Congress for his transfer and then the administration would have to wait 15 days before moving him under the rules set by Congress. NEW EVIDENCE AGAINST JAWAD? Government lawyers told Huvelle that they were considering a criminal case against Jawad, which could interfere with his repatriation. They have told the court they have new evidence against him, which his lawyers dispute. "The criminal investigation is continuing," Deputy Assistant Attorney General Ian Gershengorn told the judge. If U.S. prosecutors pursue criminal charges and want to bring Jawad to U.S. soil for trial and detention, they would have to notify Congress and wait 45 days before moving him. But Huvelle, who was overseeing Jawad's case seeking release from Guantanamo, said she saw substantial hurdles for the government if it tries to pursue such a case, including his mental capacity and whether they could conduct a speedy trial. Jawad is one of the youngest detainees. His lawyers argue that he was about 12 when he was arrested in 2002 but the Pentagon disputes that and has said bone scans indicated he had turned 18 when he was sent to Guantanamo in early 2003. Even as they consider a criminal case, Gershengorn said the Obama administration was negotiating the terms of Jawad's transfer with the Afghan government. Afghan officials have repeatedly asked that he be returned and his lawyers have said they expect Jawad to be set free once there. Jawad's attorney, Air Force Major David Frakt, said when he began working on this case, he was told by others that he should not expect to win because the "deck was stacked" against them. "I always believed that justice would prevail," an emotional Frakt told Reuters. He tried to convince the judge to bar the military from shackling Jawad or placing a hood over his head while he was transported home. But Huvelle declined to address specifics other than to order that be treated humanely while also maintaining necessary security precautions. (Editing by Bill Trott)
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