12.08.2003 11.21 am
SAN FRANSISCO - The US government said today it had neither an
exact count nor all the names of hundreds of people captured in
Afghanistan over a year ago and now detained at the Guantanamo Bay
Naval Base in Cuba.
US government lawyers made the disclosure during a court hearing
in a case on behalf of Falen Gherebi, a Libyan national believed to
be in US custody in Cuba.
In May, a US District Court said it did not have the authority to
consider whether Gherebi was being held lawfully and remanded the
matter to an appeals court.
At the appeals court hearing on Monday, the planned debate over
the government's right to hold Gherebi dissolved into a more basic
discussion over whether the US government even had kept complete
records on the people being held.
"They won't let him out and they also won't tell us if he's
there," said Stephen Yagman, a lawyer for Falen Gherebi's brother,
Belaid Gherebi, a San Diego resident, who has sued to get his
brother legal representation. "This is crazy. This is just nuts."
Yagman complained that the government has stonewalled such
requests on behalf of Gherebi and other detainees by maintaining
ignorance as to who exactly it had in custody.
A panel of appeals court judges hearing the case on Monday
expressed shock about the apparent lack of record keeping on a group
of hundreds of people, possibly including some children, who have
been in custody for 577 days.
"It strikes me as astonishing that the government says they have
no idea whether this gentleman is or is not being held," one said.
"Don't you even keep records?"
Government lawyers responded that while they had attempted to
keep records, they were incomplete because some of those who were
arrested had not co-operated with authorities. They said that
translating the names from Arabic to English had created further
problems with spelling.
After scanning a list for names similar to that of Falen Gherebi,
the lawyers said: "We think we have him but we're not sure. We can't
confirm it 100 per cent."
The US government, which maintains the people being held are all
dangerous individuals with connections to terrorists, has argued
that the court does not have jurisdiction to rule on the legal
rights of these people, since they are being held on foreign soil,
in Cuba, on land that is only leased to the United States.
- REUTERS