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Just months after U.S. Army troops whisked a German man from Pakistan to the military prison at Guantanamo Bay, Cuba, in 2002, his American captors concluded that he was not a terrorist.
"USA considers Murat Kurnaz's innocence to be proven," a German intelligence officer wrote that year in a memo to his colleagues. "He is to be released in approximately six to eight weeks."
Yet the 19-year-old student was not freed. Instead, over the next four years, two U.S. military tribunals
that were responsible for determining whether Guantanamo Bay detainees
were enemy fighters declared him a dangerous al-Qaedaally who should remain in prison.
The
disparity between the tribunal's judgments and the intelligence
community's consensus view that Kurnaz is innocent is detailed in newly
released military and court documents that track his fate. His
attorneys, who sued the Pentagon
to gain access to the documents, say that they reflect policies that
result in mistreatment of the hundreds of foreigners who have been
locked up for years at the controversial prison.
The U.S. Supreme
Court intends to weigh the legitimacy of the military tribunals at a
hearing Wednesday morning. Lawyers for Kurnaz and other detainees plan to
argue that the panels violate the U.S. Constitution and international
law. They say that the proceedings have not provided Guantanamo Bay
detainees with a fair and impartial hearing.
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