Chinese Muslims in Guantanamo Bay to be Released to the United States

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In another huge blow to the current United States Presidency, a federal judge ordered the release of 17 Chinese Muslims held at the United States military prison in Guantanamo Bay in Cuba. District Judge Ricardo Urbina said there was no evidence that the detainees were “enemy combatants,” much less a security risk to the United States. They have been held at Guantanamo for almost seven years without a formal charge against them. The law according to the United States Constitution prohibits indefinite detention without cause – something quite frequent in Guantanamo.

The Guantanamo Bay Detention Camp has been the subject of controversy since its inception. It is has been operated by the Joint Task Force Guantanamo since 2002 in the United States Guantanamo Bay Naval Base. Since the Afghanistan War, 775 “identified” detainees have been brought to the facility, of this number, more than half or approximately 420, have been released without charge. Those released cried forced drugging, religious persecution and torture in the form of beatings, sleep deprivation, prolonged constraint in uncomfortable positions, prolonged hooding, sexual and cultural humiliation, forced injections, and other physical and psychological mistreatment. Of course the United States government has denied doing all of these.

“I was trying to kill myself,” said 20 year old Shah Muhammad, a Pakistani who was captured in Afghanistan in November 2001. He was handed over to American soldiers and flown to Guantanamo in January 2002. “I tried four times, because I was disgusted with my life.”

As of May 2008, approximately 270 detainees remain there, including the 17 Chinese Muslims. These men belong to an ethnic group from Xinjiang province in western China called Uyghurs or Uighurs. They were living in a camp in Afghanistan when the United States bombing campaign began in October of 2001. They fled for their lives to the mountains where they were captured and detained by Pakistani authorities, who then handed them over to the United States. As early as 2003, the Pentagon had already determined that the Uyghurs should be released, as they were “No longer enemy combatants” – a Guantanamo term for detainees whose Combatant Status Review Tribunal determined they have not been classified as “enemy combatants.” According to reports, the United States has been unable to find a country willing to accept them. This has always been the reason given to those who have been cleared and have been waiting for years to be released. The Uyghurs want to come to the United States.

District Judge Ricardo Urbina ordered the detainees be brought to his courtroom for a hearing on Friday, and scheduled another one for next week to determine the conditions of their release. This is the first time a federal court had ever ordered the release into the United States of any Guantanamo detainee. The Bush administration argued that federal judges do not have the authority to order their release into United States soil.

“Today’s ruling presents serious national security and separation of powers concerns and raises unprecedented legal issues,” said Justice Department spokesman Brian Roehrkasse.

The Justice Department already filed a request on Tuesday night for a stay with the U.S. Court of Appeals in Washington. They also have another option of appealing to the U.S. Supreme Court. They said that they are continuing efforts to find an appropriate country to which the detainees could be sent.

“The district court’s ruling, if allowed to stand, could be used as precedent for other detainees held at Guantanamo Bay, including sworn enemies of the United States suspected of planning the attacks of 9/11, who may also seek release into our country,” said White House spokeswoman.

Many Muslim Uyghurs seek greater autonomy for the Xinjiang region and some want independence. Beijing is against this campaign and calls their efforts as violent separatist activities. Therefore, the United States can’t send them back to China, too. In 2006, the United States released five previous Uyghurs from Guantanamo to seek asylum in Albania. Lawyers for the Uyghurs said they would likely settle in Tallahassee in Florida and /or the Washington D.C. area, where religious and community leaders have already offered them support by promising housing and work.

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