WASHINGTON – A federal appeals court yesterday temporarily blocked a judge's decision to immediately free 17 Chinese Muslims at Guantanamo Bay into the United States.
In a one-page order, the U.S. Court of Appeals for the D.C. Circuit issued the emergency stay at the request of the Bush administration. The three-judge panel said it would postpone release of the detainees for at least a week to give the government more time to make arguments in the case.
It comes after U.S. District Judge Ricardo Urbina on Tuesday made a dramatic decision ordering the government to free the detainees by tomorrow. Urbina said it would be wrong for the Bush administration to continue holding the detainees, known as Uighurs (pronounced WEE'gurz), since they are no longer considered enemy combatants.
The detainees were scheduled to arrive in Washington early tomorrow and appear in Urbina's courtroom for release to local Uighur families who have agreed to help them settle in the United States.
The government says the detainees at the U.S. naval base in Cuba had admitted receiving weapons training in Afghanistan and are a national security risk.
Earlier yesterday, lawyers for the 17 Chinese Muslims urged the appeals court not to interfere with Urbina's decision, which is the first court-ordered release of Guantanamo detainees. The detainees said they have been cleared of wrongdoing and have waited long enough for their freedom.
“The government would prolong by months, and perhaps years, an imprisonment whose legal justification it has conceded away,” the detainees' lawyers wrote in filings.
Meanwhile, the Bush administration said it was continuing “heightened” efforts to find another country to accept the Uighurs, since the detainees might be tortured if they are turned over to China.
The Justice Department criticized Urbina's decision as undercutting immigration laws that dictate how foreigners should be brought into the country. It also cited security concerns over weapons training the Uighurs received at camps in Afghanistan.
Such a potential security risk outweighs the inconvenience the detainees might suffer in waiting a while longer at Guantanamo, government lawyers contended.
Uighurs are from Xinjiang – an isolated region that borders Afghanistan, Pakistan and six Central Asian nations – and say they have been repressed by the Chinese government.
The Uighur detainees were captured in Pakistan and Afghanistan in 2001.
China has long said that insurgents are leading an Islamic separatist movement in Xinjiang. The Beijing government has repeatedly urged the United States to turn the Uighurs over to Chinese authorities.
The Uighurs' case is among dozens of Guantanamo cases currently being reviewed by federal judges after the Supreme Court ruled in June that foreign detainees at Guantanamo have the right to appeal to U.S. civilian courts to challenge their imprisonment.
