On October 7th, 2008, Federal District Judge Ricardo M. Urbina ordered the immediate release of 17 Chinese Muslim prisoners, also known as Uighurs, from Guantanamo Bay, an American Naval base in Cuba. The prisoners were detained by orders from the Bush Administration in 2002 in Afghanistan as enemy combatants, and subjected to questioning by the government and the pentagon. The prisoners state that they had never been enemies to the United States. They were held in Guantanamo Bay, because there is no other place for them to go to. Federal Judge Urbina refused to hear any government arguments and ordered their immediate release from the prison to the United States where they will be tried in court.
The Law: “The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” -Article 1, Section 9, Clause 2.
The United States government failed to note the prisoners’ charges, which is a violation of the prisoners’ right to Habeas Corpus. Federal Judge Urbina stated that they should be released, because “the Constitution prohibits imprisonment without charges.” This case is very controversial, because it questions whether it is within the judge’s authority to call for their release, and overrule the executive branch. It also brings up the question of whether the Habeas Corpus law should be applied to the prisoners or not, because it is in Cuban territory, way outside of constitutional jurisdiction. I my personal opinion, I think that it is completely unfair to hold a person in a prison as though they have no rights at all. They should be released or finally go to trial in a court room. It will be up to president Obama to decide how the situation will be handled.
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