U.S. District Judge Orders Release of Kuwaiti Detainee from Guantanamo

U.S. District Judge Orders Release of Kuwaiti Detainee from Guantanamo

Judge Colleen Kollar-Kotelly rules there is insufficient evidence to continue the detention of Kuwaiti citizen Khaled Al-Mutairi

WASHINGTON, DC – A federal judge today ordered the release of Kuwaiti citizen Khaled Al-Mutairi from the Guantanamo Bay prison, where he has been held for nearly eight years without any charges being filed against him. The U.S. government had its chance under the rule of law to demonstrate the basis for Al-Mutairi’s detention during his habeas corpus hearing, but a judge ruled that the government lacks sufficient evidence to continue his detention. Al-Mutairi was taken into U.S. custody in Pakistan in 2001.

“The Government is directed to take all necessary and appropriate diplomatic steps to facilitate the release of Petitioner Al Mutairi forthwith,” U.S. District Judge Colleen Kollar-Kotelly wrote in her order.

“Since his imprisonment, all that Khaled Al-Mutairi and his family have asked for is a fair hearing before an independent, impartial court to test the evidence against him. After more than seven long years of imprisonment, justice has finally been served for Khaled,” said David Cynamon, lead attorney for the Kuwaiti detainees and a partner at Pillsbury Winthrop Shaw Pittman. “We now want the U.S. Government to follow the court order and promptly return Khaled to Kuwait. That is what the rule of law is all about.”

“While he will never regain the years he has lost, we look forward to his return to his family and his country with open arms,” said Khalid Al-Odah, head of the Kuwaiti Family Committee and father of Guantanamo detainee Fawzi Al-Odah. “But we cannot forget Kuwait’s three remaining sons who await their fair hearings that the U.S. Supreme Court has promised.”

Al-Mutairi was taken into custody in Pakistan in 2001 after he traveled to Afghanistan to build a mosque and to provide funds for schools and orphans. His family has long been actively engaged in charitable works.

“We must remember that Khaled Al-Mutairi is just one of the four Kuwaitis remaining in Guantanamo. Our work is not done until all of these men receive the fair hearings to which the Supreme Court held they are entitled more than a year ago,” Cynamon added.

There were originally 12 Kuwaitis in Guantanamo Bay. In 2005 and 2006, the United States returned eight of them to Kuwait, where that country’s courts charged, tried and cleared them of wrongdoing.

Three additional Kuwaitis remain in Guantanamo, where they, like Khaled al Mutairi, have been imprisoned for nearly eight years. The court has scheduled habeas corpus hearings for Fawzi Al-Odah and Fouad Al Rabiah to take place in August. Fayiz al-Kandari’s habeas corpus hearing is scheduled for September 2009.

A copy of Judge Kollar-Kotelly’s order is attached to this release. An unclassified version of Judge Kollar-Kotelly’s opinion is expected to be available within a few days.

This press release is distributed by Levick Strategic Communications on behalf of the International Counsel Bureau. Additional information is available at the Department of Justice in Washington, D.C.