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Innocent guantanamo detainee held on lies { December 6 2007 }

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   http://www.npr.org/templates/story/story.php?storyId=16962449

http://www.npr.org/templates/story/story.php?storyId=16962449

Legal Affairs
Court Divided After Day One of Guantanamo Case

by Nina Totenberg
Morning Edition, December 6, 2007

The final argument of the day was the rebuttal from former Solicitor General Waxman. The writ of habeas corpus, he contended, has always allowed prisoners to challenge their detention if they claim they are not warriors and are being wrongly held. The current system, he argued, does not allow for such an argument.

To illustrate his point, Waxman pointed to a case in which he said a detainee was finally released after four years in detention because the detainee, a German man, had "what other detainees have not had — a lawyer." And when the lawyer filed a habeas petition in the federal courts, and the government filed a reply with its evidence, the lawyer saw that the government claimed the detainee had associated with a named terrorist who had blown himself up.

"Within 24 hours, his counsel had affidavits not only from the German prosecuter, but from the supposedly deceased Mr. Bilgen, who is a resident of Dresden, never involved in terrorism, and fully getting on with his life," Waxman said.

That evidence would not have been allowed under the CSRT hearing and appeals process, Waxman said, and that's why the process is inadequate.


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Doj exaggerated progress in terror prosecutions
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Homegrown terrorist threat exaggerated { September 10 2007 }
Innocent guantanamo detainee held on lies { December 6 2007 }
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