US court rules that cleared Guantánamo prisoners have no right to be released (Reprieve)

The exterior of Camp Delta is seen at the U.S. Naval Base at Guantanamo Bay, March 6, 2013. The facility is operated by the Joint Task Force Guantanamo and holds prisoners who have been captured in the war in Afghanistan and elsewhere since the September 11, 2001 attacks. Picture taken March 6, 2013. REUTERS/Bob Strong (CUBA - Tags: POLITICS MILITARY CRIME LAW) - RTR3ETZJ

The exterior of Camp Delta is seen at the U.S. Naval Base at Guantanamo Bay, March 6, 2013. The facility is operated by the Joint Task Force Guantanamo and holds prisoners who have been captured in the war in Afghanistan and elsewhere since the September 11, 2001 attacks. Picture taken March 6, 2013. REUTERS/Bob Strong (CUBA – Tags: POLITICS MILITARY CRIME LAW) – RTR3ETZJ

An American court has today ruled that men cleared for release in Guantánamo Bay have no legal right to leave the prison – despite winning in the only viable release mechanism they have.

In declining to enable the emergency release of cleared prisoner Abdul Latif Nasser, the DC federal court insisted that Abdul Latif had no right to be released because a win at the Periodic Review Board is merely ‘advisory’. This leaves prisoners at Guantánamo stranded: with no charge, no trial and no viable, enforceable path to release.

Abdul Latif, a 51 year-old Moroccan, was unanimously cleared by the Periodic Review Board for transfer home to Morocco on July 11. He remains imprisoned simply because the government’s transfer process has been too slow. There is no evidence that the Obama Administration did anything to hurry the process along.

With no release in sight and fearing the worst, Abdul Latif filed emergency litigation last Friday. As part of this litigation, the US government admitted that bureaucratic slowness was the only reason he had not been returned home.

Abdul Latif now faces indefinite detention at the mercy of the Trump Administration.

Reprieve attorney Shelby Sullivan-Bennis said: “It is distressing that we cannot rely on our courts to enforce basic justice and common sense. Everyone wants Abdul Latif to go home—the US government, the Moroccan government, and his family. The government admits that his detention is “no longer necessary,” but will keep him simply because the change in administration has halted their plans—a devastating conclusion for Abdul Latif.”

ENDS

Links

Reprieve human rights group website

http://www.reprieve.org.uk/?gclid=CKyuuY-S2NECFdS4Gwodo6gHcg

Carol Anne Grayson is an independent writer/researcher on global health/human rights and is Executive Producer of the Oscar nominated, Incident in New Baghdad.  She is a Registered Mental Nurse with a Masters in Gender Culture and Development. Carol was awarded the ESRC, Michael Young Prize for Research 2009, and the COTT ‘Action = Life’ Human Rights Award’ for “upholding truth and justice”. She is also a survivor of US “collateral damage”.

About Carol Anne Grayson

Blogging for Humanity.... Campaigner/researcher global health/human rights/drones/WOT/insurgency http://www.esrc.ac.uk/ESRCInfoCentre/PO/experts/Health_and_Wellbeing.aspx Exec Producer of Oscar nominated documentary Incident in New Baghdad, currently filming on drones.
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