A Sudanese hospital administrator and two other
detainees at Guantánamo Bay, Cuba, who have been
represented by the Portland federal public defender’s
office may be on their way to freedom.
The
National Law Journal has reported that the Portland
federal public defender’s office has received a notice
from the U.S. Department of Defense indicating that
three of the public defender’s office clients are now
“eligible for transfer” out of the prison.
Steve
Wax, head of the Portland federal public defender’s
office, told the Law Journal that the Department of
Defense notice is not clear on what will next happen to
the three. “It’s just too early to say,” Wax said. “We
are attempting to determine what the next steps are to
get our clients home as quickly as possible.”
Attempts
to reach Wax and the Department of Defense of Tuesday
were not immediately successful.
The
Portland federal public defender’s office is
representing seven of the roughly 400 people who are
being detained at a U.S. military prison at Guantánamo
Bay. The United States government considers many or most
of them to be “enemy combatants” and affiliated with
terrorism against the United States.
The case
of the Sudanese hospital administrator — Adel Hamad, who
has been detained at Guantánamo for four years — has
received more publicity than many other detainees
because a lawyer in Wax’s office who has investigated
Hamad’s case posted a about his case on the Web site
YouTube in January. The video had been viewed more than
72,000 times as of Tuesday, according to YouTube.
A trio of
Portlanders not affiliated with the federal public
defender’s office also has created a website with
details about his case.
The
federal public defender’s office was appointed to
represent the seven detainees by a United States federal
court. But since then, Congress has passed a law that
strips the detainees of any rights to federal court
hearings in which they could challenge their detention.
Hamad’s
lawyers have argued that, while they believe many of the
detainees at Guantánamo have no connection to terrorism,
the circumstances of Hamad’s case are especially
egregious.
According
to U.S. military documents (see below), his detention
appears to be based largely on his association with two
charities he has worked for as a teacher and an
administrator of an orphanage and a hospital in
Afghanistan.
The U.S.
military believes that both organizations “may be
affiliated with Usama Bin Laden and Al Qaida
operations,” according to military documents. The
documents also say that, during Hamad’s work with one of
the organizations, “the Detainee came in contact with
persons who hold positions of responsibility in al-Qaida.”
A
military tribunal has voted 2-1 to continue to detain
him in 2004.
The U.S.
Army major who cast the vote against detaining him wrote
that not all employees of a group that has elements that
support terrorism can or should be declared “enemy
combatants.”
“To reach such a conclusion would provide for
unconscionable results,” the major wrote. “Consequently,
all physicians, nurses, and aid workers employed by
alleged terrorist connected NGO’s (nongovernmental
organizations) would also be declared enemy combatants.”
The Portland Tribune,Mar 6, 2007