Judges Question Evidence On Guantanamo Detainees

Posted on April 27, 2011

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Judges Question Evidence On Guantanamo Detainees : NPR.

“The Government has failed to provide the Court with sufficiently credible and reliable evidence to meet its burden of persuasion,” Kollar-Kotelly wrote. “If there exists a basis for al-Rabiah’s indefinite detention, it most certainly has not been presented to this Court.” She ordered al-Rabiah released, and in December 2009 he returned to Kuwait, a free man after eight years at Guantanamo.

Since 2008, the detainees at Guantanamo have been able to challenge their detention through the habeas process, and the court rulings in their cases have made clear that the evidence against them has sometimes been flawed. Only with the disclosure of the previously secret detainee assessments, however, has it become clear how far the government went in making unproven claims about the detainees’ alleged terrorist activity…

…In fact, Kollar-Kotelly’s observation is supported by a line from al-Rabiah’s assessment brief. “Detainee admits to details only when confronted with the fact that interrogators already know the details,” the assessment notes, as if that observation supported al-Rabiah’s guilt rather than his willingness to provide his interrogators the answers they were seeking. Judge Kollar-Kotelly noted in her opinion that al-Rabiah had been told that he could go back to Kuwait if he confessed, but that if he denied the accusations against him, he would have to stay at Guantanamo.

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