A US JUDGE has ruled that five Algerian prisoners held in Guantánamo Bay must be set free, in a decision with far-reaching implications for the remaining detainees at the base in Cuba.
District court judge Richard Leon ruled in a Washington DC court yesterday that there was no legal basis to keep the five in prison. It is the first verdict in more than 200 habeas corpus petitions being brought before the US courts.
The petitions challenge the American government to prove that there is evidence to justify keeping the men in Guantánamo Bay. Judge Richard Leon, known for his conservative views, said the US government should not appeal.
"The decision by Judge Leon lays bare the flimsy basis on which Guantánamo has been founded - at best, slim evidence of dubious quality, at worst, nothing," said Zachary Katznelson, legal director of Reprieve, the British legal action charity whose lawyers represent 33 Guantánamo prisoners.
"This is a tough, no-nonsense judge. If he found there wasn't evidence to justify holding the men, you can be sure it wasn't there."
US president-elect Barack Obama has promised to close down the prison camp as soon as he takes office, saying that Guantánamo "has done much to besmirch the reputation of the United States".
His team is considering what to do with detainees.
One possibility is the setting up of "security courts", but the new administration is well aware it faces major diplomatic, political, and legal problems.