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In late 2003, the Pentagon quietly decided that 15 Chinese Muslims detained at
the US military prison in Guantanamo Bay, Cuba, could be released. Five were
people who were in the wrong place at the wrong time, some of them picked up by
Pakistani bounty hunters for US payoffs. The others were deemed low-risk
detainees whose enemy was China's government - not the US, according to
Washington officials.
More than 20 months later, the 15 still languish at Guantanamo Bay, imprisoned
and sometimes shackled, with most of their families unaware whether they are
even alive.
They are men without a country. The Bush administration has chosen not to send
them home for fear China will imprison, persecute or torture them - as the US
charges has happened to other members of the Muslim minority. But the State
Department has also been unable to find a country to take them.
Other detainees cleared of terrorism charges have also languished for years at
Guantanamo Bay, but all have been sent home or are being transferred. For the
Uygurs, there is no end in sight. About 20 countries have turned down US
overtures to give them asylum.
The State Department says it is still working behind the scenes to find them a
home. A senior official called their situation ``unfortunate.''
Lawyers and rights groups appealed to the US to take in the Uygurs. ``It's not
like these people were once considered to be a threat and now are not,'' said
Tom Malinowski of Human Rights Watch. ``These people need to be released,
either in another country or the US. They're America's responsibility.'' But
the Bush administration has balked at allowing them to enter the US - even
under restricted supervision - or to appear in a court that is hearing two of
the men's cases.
In the meantime, the men are still treated as prisoners. Sabin Willett, a Boston
lawyer who volunteered to take the cases of two Uygurs in March, finally met
with them last month after his team obtained FBI clearances.
One of the Uygurs was ``chained to the floor'' in a ``box with no windows,''
said Willett at an August 1 court hearing.
``You're not talking about your client?'' asked Judge James Robertson of the US
District Court in Washington.
``I'm talking about my client,'' Willett said.
``He was chained to a floor?'' Robertson asked again.
``He had a leg shackle that was chained to a bolt in the floor,'' Willett
replied.
For more than three years, Willett's clients - Abu Bakker Qassim, 36, and Adel
Abdu Hakim, 31 - were denied legal counsel. Then, in March, another detainee
with an attorney asked his lawyer to help them find representation through a
legal process called ``next friend authorization.''
Most facts in the Uygur cases are classified secrets. Lawyers are not allowed to
provide information unless facts are revealed in court papers or hearings. But
the basics are beginning to come to light - and Robertson is now pressing for
action.
The judge has ordered the government to disclose the status of efforts to
relocate the two men at a hearing Thursday. All 15 Uygurs have actually been
cleared for release from Guantanamo Bay twice, once after a Pentagon review in
late 2003 and again last March. Seven other Uygurs were ruled to be enemy
combatants and will continue to be detained.
Even after the second decision, however, the government did not notify the 15
men for several months that they had been cleared.
``They were found not to be al-Qaeda and not to be Taleban,'' Willett said.
``But the government still refused to provide a transcript of the tribunal that
acquitted them to the detainees, their new lawyers or a US court."
Through the next-friend process, Willett and his team have now taken on the
cases of 10 other Uygur detainees, though they know only the first names of
nine of their new clients.
Uygurs are a Turkic people who speak a language similar to others in neighboring
Central Asian nations and have long sought autonomy in Xinjiang province - a
region Uygurs refer to as East Turkistan. Dissidents have engaged in sporadic
attacks against the Chinese government in Xinjiang province. Authorities accuse
Uygur separatists of a committing a series of bombings and assassinations since
1990.
Ironically, many view the US as a ``beacon of hope'' that ``will assist in the
Uygurs' quest for fundamental freedom and human dignity,'' said Nury Turkel, an
American-trained lawyer and president of the Uygur American Association in
Washington.
Willett argued in court that his clients ``are not soldiers. They are not
criminals. They are just Uygur people.''
According to him, ``there might not be a more pro-US Muslim group in the world.
The Uygurs have traditionally suffered under religious and political oppression
at the hands of the communist Chinese, and I can remember a time when that made
a person someone we liked in this country.''
Information on how the Uygurs ended up at Guantanamo is vague and limited to US
summations from interrogations.
Qassim and Hakim fled the city of Ghulja in China to Central Asia in 2001. They
met in Kyrgyzstan and traveled to Pakistan, then to Afghanistan, where they
received training in use of small arms, according to a court statement by
Brigadier-General Jay Hood, commander of Joint Task Force Guantanamo. After the
US attacked Afghanistan in 2001, they fled to Pakistan, where they were
captured by bounty hunters, according to lawyers and court papers.
Transcripts from the tribunals, obtained through the Freedom of Information Act,
indicate why the Uygurs ended up in Guantanamo Bay and what their intentions
were.
``That is true, I went to Afghanistan,'' said one. ``The reason is number one: I
am scared of the torture from my home country. Second: if I go there I will get
some training to fight back against the [deleted] government."
``We have nothing to do with the Taleban or the Arabs,'' another testified. ``We
have nothing to do with the US government or coalition forces. We never thought
about fighting with the Americans.
``I want you to understand what our goal is: just to fight against the [deleted]
government.
``If there is nothing happening in the future, we would like to stay wherever,
abroad, to do our business.''
In court papers, the administration acknowledged the dangers facing Uygurs if
they are returned to China. Still, Chinese officials were allowed to visit and
question the Uygurs two years ago, according to their lawyers.
In recently declassified material, Hakim said that a Chinese interrogator was
allowed to take a photo of him with the help of Guantanamo personnel and
despite his efforts to resist.
The Justice Department has argued that it has no obligation to release the
Uygurs because of ``wind-up power,'' which gives a government the time
necessary at the end of a conflict to figure out what to do with detainees. As
a precedent, it cited treatment of Italians held in the US after World War II.
Lawyers and human rights groups are concerned that incarceration has tainted the
Uygurs forever.
THE WASHINGTON POST
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