WASHINGTON - A Federal Judge ordered the Bush administration Tuesday to immediately free 17 Chinese Muslims from Guantanamo Bay into the United States, rebuking the government in a landmark decision that could set the stage for the release of dozens other prisoners in Cuba.
US District Judge Ricardo M. Urbina
said it would be wrong for the government to continue holding the
detainees, known as Uighurs (WEE'-gurz), who have been jailed for
nearly seven years, since they are no longer considered enemy combatants.
Over the objections of government lawyers who called them a security
risk, Urbina ordered their release in Washington D.C. by Friday.
"Because the Constitution prohibits indefinite detentions without
cause, the continued detention is unlawful," Urbina said in a ruling
that brought cheers and applause from a standing-room only courtroom
filled with dozens of Uighurs and human rights activists.
He also ordered a hearing for next week to decide where the Uighurs
should be permanently settled. Until then, members of the Uighur
community in the D.C. area have offered to take them in and will help
care for them.
Justice Department attorney John C. O'Quinn said the government
would consider whether to appeal the decision. O'Quinn's request to
delay the decision pending a possible appeal was denied Tuesday by
Urbina, who said the detainees had waited long enough.
At issue is the scope of a federal judge's power to order the release of a Guantanamo
prisoner, who was unlawfully detained by the U.S. but who cannot be
sent back to his homeland. The Uighurs, who are Turkic-speaking Muslims
in western China, have been cleared for release from Guantanamo since
2004 and ordinarily they would be sent home.
But the Uighurs cannot be sent back to China where they are considered terrorists and could be tortured, and the Bush administration
says no country is willing to accept them. Albania accepted five Uighur
detainees in 2006 but has since balked on taking others due partly to
fears of repercussions with China.
Urbina's decision also has broader implications for the future of
the Guantanamo prison, which the Bush administration has said it would
like to shut down after "working with other countries to take people
back under the right circumstances." A federal judge is set later this
month to hold hearings on other Guantanamo prisoners challenging their
detention as so-called enemy combatants.
About 20 percent of about 250 detainees who remain at the military prison fear torture or persecution if they return to their home countries, according to the New York-based Center for Constitutional Rights,
raising similar questions as to where they should go if other countries
refuse to take them. The U.S. has long maintained they should stay at
"How many times does the Bush administration need to be told that
detainees are entitled to essential rights? All the remaining detainees
in Guantanamo Bay must be either charged and tried or released immediately," said Larry Cox, executive director of Amnesty International USA.
On Tuesday, the Bush administration argued a federal judge did not have the power to order the release of a foreign-born detainee into the U.S., saying would undercut immigration laws
that dictate how foreigners are brought into the country. Until a
country accepts the Uighurs, they would stay in special housing that
includes TVs, air-conditioning and recreational activities such as
soccer, tennis and volleyball, government attorneys said.
O'Quinn also said federal judges
had no power to order the detainees' release and should defer to the
executive branch, who he said would be in a better position in light of
the delicate relations with China.
In Beijing Tuesday, before Urbina's ruling, the government demanded
that all Uighurs held at Guantanamo be repatriated to China.
"The court should be circumspect because of the potential for interference with foreign relations," O'Quinn said.
Sabin Willett, an attorney for the Uighurs, countered: "I've never
heard anyone argue our relations with other nations are a basis for
The Uighurs have been at Guantanamo Bay, a naval prison in Cuba, since the U.S. military took custody of them in Pakistan and Afghanistan in 2001.
Chinese Foreign Ministry spokesman Qin Gang said before Tuesday's court hearing that the Uighurs are suspected of being members of the East Turkestan Islamic Movement, which the United States lists as a terrorist organization.
"China has urged the U.S. to repatriate these Chinese terrorist
suspects to China on many occasions. We hope the U.S. will take our
position seriously and repatriate these persons to China sooner rather
than later," he said.
A spokesman at the Chinese Embassy in Washington did not immediately respond to a request for comment about Urbina's order.
Uighurs are from Xinjiang
- an isolated region that borders Afghanistan, Pakistan and six Central
Asian nations - and say they have been repressed by the Chinese government. China has long said that insurgents are leading an Islamic separatist movement in Xinjiang.
Rebia Kadeer, president of the World Uighur Congress, called the decision a victory for oppressed Uighurs in China.
"This is our destiny. This our people's win. This concerns our freedom.
China accuses us of being terrorists, but we are not," she said through
a translator as other Uighurs in the courtroom cried for joy.