在星期二(10月7日)下午﹐一名聯邦法官下令美國政府需要釋放17名被當局自從美軍在2001年攻入阿富汗後被捕並且一直扣留在位於古巴關塔拿麼灣(Guantanamo Bay)內美軍基地的維吾爾族人(Uighurs 或Uyghurs)。因為美國法庭已經裁定﹐這批維吾爾族人是“非敵方戰鬥人員”(not enemy combatants)﹐美國政府缺乏任何理由繼續無限期將他們監禁。雖然美國司法部將會提出上訴﹐不過成功的機會不大。他們更有可能會留在美國境內﹐因為如果當局將他們遞解出境的話﹐就會將他們遞解到中國。中國當局無論如何就一定會當他們是所謂“恐怖分子”來處理。基於人道原則﹐美國政府不能也不應將他們遞解出境。
其實當初扣留這批人的原因以及理由早已經有人懷疑﹐只不過當局為了面子﹐以及中國方面有理無理都將所有維吾爾族人當成“分裂份子”以及“恐怖分子”來定性﹐搞到成件事膠著。今次法庭只是將錯誤改正。其實關塔拿麼灣究竟扣留了幾多“真正的”恐怖分子﹐真係無人知。
VOA Chinese Branch report:
http://www.voanews.com/chinese/w2008-10-07-voa87.cfm
New York Times report:
http://www.nytimes.com/2008/10/08/washington/08detain.html?_r=2&ref=asia&pagewanted=print&oref=slogin&oref=slogin
CNN report:
http://edition.cnn.com/2008/US/10/07/gitmo.chinese.muslims/
Judge orders Chinese Muslims freed from Gitmo
From Terry Frieden
CNN
WASHINGTON (CNN) -- A federal judge has ordered the immediate release into the United States of a group of 17 Chinese Muslims who have been held in the U.S. military facility at Guantanamo Bay, Cuba, for several years.
U.S. District Judge Ricardo Urbina on Tuesday ordered the 17 detainees to appear in his Washington courtroom at 10 a.m. Friday and said he would hold a hearing next week to determine under what conditions they will be settled in the United States.
The detainees are ethnic Uighurs, from a mostly Muslim autonomous region in western China.
They have been in government custody for seven years, and have been cleared for release for the past four years to any country willing to take them. No countries have volunteered.
The judge, visibly impatient, told government lawyers he wants no delays.
"There is a pressing need for them to be released," Urbina declared.
When a government lawyer requested one week for authorities to determine how immigration authorities would handle a court-ordered arrival of individuals with no status, Urbina summarily rejected the request.
He angrily demanded Immigration and Customs officials not even consider arresting the Uighurs upon arrival.
"I have issued an order. I do not want these people interfered with in any way," the judge said.
Justice Department lawyers told the judge they will immediately appeal the ruling and seek a stay of the order with the U.S. Court of Appeals for the District of Columbia. Justice officials said they were preparing a statement challenging the judge's decision.
Dozens of colorfully dressed members of the Uighur community from the Washington area beamed as they left the courtroom and began embracing.
"We welcome this. It has been a very long time," said Amy Reger of the Uyghur Human Rights Project.
The U.S. determined in 2004 the 17 Uighurs are not enemy combatants, but has kept them at Guantanamo while trying to persuade other countries to resettle them. Officials said they were not returned to China because of credible fears they could be mistreated if returned.
The Uighurs fled Afghanistan shortly after the U.S.-led bombing campaign began in 2001. They were turned over to U.S. military officials by Pakistani authorities.
U.S. intelligence officials alleged the Uighur detainees are associated with the East Turkmenistan Islamist Movement, which the administration designated a terrorist organization in 2002. Lawyers for the Uighurs dispute any terrorist connections.
Attorneys for the 17 detainees promised the court that if the judge's ruling stands, a Lutheran church group in Maryland and other service groups are prepared to provide both short-term and long-term care and support for the freed prisoners. Seventeen Uighur homes have been identified to initially house the detainees.
Urbina scheduled an October 16 hearing for immigration officials and other government agencies to discuss conditions for the 17 men.
白宮在下午5:45分發表的聲明﹐表示會即晚向聯邦上訴庭提出上訴。
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________________
For Immediate Release October 7, 2008
STATEMENT BY PRESS SECRETARY DANA PERINO
We are deeply concerned by, and strongly disagree with, today's decision by a federal district court ordering the release into the United States -- by this Friday morning -- of 17 Uighurs currently held at Guantanamo Bay. This decision, we believe, is contrary to our laws, including federal immigration statutes passed by Congress. The Department of Justice intends to seek emergency relief tonight to stay the court's order and to request a prompt reversal of the order by the Court of Appeals. 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.
Consistent with the safety of our citizens and the safety of the Uighurs themselves, the United States will continue working to find a country to which these men could be transferred.
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