Some Gitmo Prisoners to Be Released

Fifteen more detainees being held at Guantanamo Bay, Cuba have been released according to a press release from the U.S. Department of Defense. Currently, 290 people classified as enemy combatants are being held by the United States at Guantanamo Bay, from dozens of countries.

The military tribunal in charge of assessing the eligibility of detainees' for release currently classifies 90 prisoners as suitable for return or release. The status of their release, and the dates when they might be released, were not disclosed, nor were the identities of those affected by the rulings. This comes on the heels of the Supreme Court hearing arguments that all of the prisoners should be granted a habeas corpus hearing, and release under the Constitution.

The Supreme Court heard arguments December 5 seeking that a writ of habeas corpus be issued, and that the government either bring charges against the 37 plaintiffs, or release them. In total, the Department of Defense reported they had imprisoned and moved to Gitmo just under 700 prisoners following the September 11, 2001 attacks.

"These 37 men have been held in isolation for 5... 6 years, and it is manifest on the record in this case," attorney Jeff Waxman said to the Supreme Court. Much of the argument made by Waxman centered around common law of the English empire, which preceded the right of habeas corpus as enumerated in the United States Constitution, and holding non-citizens indefinitely without a right to trial.

Chief Justice John Roberts expressed some skepticism of the arguments being made by Waxman, asking him how the United States should have dealt with prisoners of war in prior conflicts. "What if it's a war like Vietnam and thousands 25 of prisoners are taken into custody and they are brought to prisoner-of-war camps in the United States as occurred during World War II? Every one of them under your theory could file a habeas petition," Roberts said.

Solicitor General Paul D. Clement held that the 37 prisoners are more closely aligned with the definition of prisoners of war, and was challenged as to explain how their actions were different than someone who had committed a murder or other violent crime. "They don't qualify for prisoner of war status," Clement said - but they don't qualify as civilian criminals either, but fall into the murky category of "enemy combatant" and can be held indefinitely by the military.

Since 2002, the Department of Defense has released 485 prisoners, who have gone to a variety of countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.