Posted on Thu, Jun. 10, 2010
Federal judge calls
inmate's detention 'unlawful' Guantanamo
Michael Doyle | McClatchy Newspapers
last updated: June 10, 2010 03:42:59 PM
WASHINGTON — A federal judge has forcefully put Yemeni citizen Mohammed Mohammed Hassan Odaini on the path to freedom after eight years of incarceration at Guantanamo Bay,
In a 36-page opinion formally released Thursday,
The ruling issued secretly last month but published Thursday sets the 26-year-old Odaini up for potential release, though when and where he'll go remains unclear. The ruling also represents the latest defeat for
Pointedly, Kennedy added that "the evidence before the court shows that holding Odaini in custody at such great cost to him has done nothing to make the
Kennedy's ruling brings to 36 the number of
In a decision striking both for its extensive redactions and its occasionally passionate language, Kennedy noted that Odaini's story has remained consistent throughout his long incarceration.
Odaini was born in Taiz, Yemen, on Sept. 20, 1983. After high school, he traveled to
On March 27, 2002, Odaini had the misfortune to visit a house raided that night by Pakistani police. After his initial detention, Odaini was held in
Odaini has always denied being affiliated with al Qaeda, insisting that the first time he heard of the terrorist organization was when he arrived at
"He was told shortly after being taken into custody and upon arrival at
By 2004, a Pentagon official had concluded Odaini could be cleared for release, and a task force evaluating
More time passed, and in 2007 Odaini's pro bono attorney was advised that his client had been approved for release.
"Needless to say," Kennedy wrote acerbically, "Odaini was not released from
In January, following an attempted Christmas Day airliner attack that
Three other men captured in the same March 2002 raid as Odaini previously have been ordered released.
Justice Department spokesman Dean Boyd said Thursday that officials were still reviewing the full opinion.
ON THE WEB
Follow the latest politics news at McClatchy's Planet Washington
McClatchy Newspapers 2010
Donations can be sent to the
"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs