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THURSDAY, NOVEMBER 26, 2009
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11

Judge Orders Gitmo Detainee Returned to Afghanistan

But Mohammed Jawad may still face conventional prosecution

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(Newser) – A Guantanamo Bay inmate may be released to Afghanistan next month after successfully challenging his detention under habeas corpus, the Washington Post reports. US District Judge Ellen Huvelle ordered Mohammed Jawad’s release based on the dodgy evidence against him—mainly, a confession allegedly obtained by threatening to kill Jawad or his family—and the fact that the detainee has already spent 6 years at Gitmo.

Jawad, then a teenager, allegedly threw a grenade at a US military vehicle in 2002, injuring three. Congress can try to block his transfer to Afghanistan, and the Justice Department could still try him for the attack in a US court. But Huvelle advised the government to consider the case’s troubled history, and Jawad’s status as a minor at the time of the attack, before bringing charges.

Flags wave above the sign for Camp Justice, the site of the US war-crimes tribunal compound, at Guantanamo Bay Naval Base, Cuba, July 15, 2009.
Flags wave above the sign for Camp Justice, the site of the US war-crimes tribunal compound, at Guantanamo Bay Naval Base, Cuba, July 15, 2009.   (AP Photo)
Flags wave above the sign for Camp Justice, the site of the US war-crimes tribunal compound, at Guantanamo Bay Naval Base, Cuba, July 16, 2009.
Flags wave above the sign for Camp Justice, the site of the US war-crimes tribunal compound, at Guantanamo Bay Naval Base, Cuba, July 16, 2009.   (AP Photo)
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11 comments
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godawgs
Jul 30, 09 2:07 PM CDT
It's okay throw grenades at the US, I am sure that he is rehabilitated and will not try to fight us again in Afghanistan. I am also sure the three soldiers that were injured are happy this guy got his habeas corups rights. this way when he goes back to the battlefield we can finish the job correctly this time. Reply
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Kookey90
Jul 30, 09 7:52 PM CDT
If they release his ass in Afghanistan I hope our Delta folks will very quietly take him out.
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Wraith
Jul 30, 09 8:22 PM CDT
I am deployed in the sandbox but here is something you may consider, we have to daily. 1: In WWII many American troops were captured during different attacks, some were executed but many were eventually able to return home...Before you all jump up and start crap about "this isn't like WWII let me say that to a kid who has been used and abused like many of these kids they think it is, they also think they are serving as soldiers not as Terrorists and if they could afford them I am sure they would have uniforms but the type fighting they are doing it is easier for them to blend in because they are the same people we pass in the markets each day,a few hours later that same guy that waved may be one of the ones shooting at you, ya never know but anyway they view us or many of them do as the invader just like when Russia invaded Afghanistan so they fight for what they feel to be right as it is their country. .....I am not saying this to start any argument but this is what we have to face each day and ask ourselves every moment we are awake....your call, would you have had them kill every American troop in each war we have been involved in when a GI was captured? To them they feel they are no different.
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Reader60610265
Jul 30, 09 2:27 PM CDT
The dammed us courts should keep their noeses out of what the military tries combatants for .Crimes against the military in a combat situation should be tried by the military . Crimes committed in the U.S should be tried in U.S. courts. If there worried on how they're going to be tried then give them to the afghan government . I'm sure they'll know what to do with them . If They get a trial there I'll be surprised. Reply
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kokuaguy
Jul 30, 09 2:53 PM CDT
He's already served 6 years for allegedly injuring 3 GIs but of course there's no evidence that would stand up even in a military tribunal ... but hey, we have to lock him up and throw away the key because that's how to fulfill the US to bring freedom and justice to every corner of the world. Reply
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