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Guantanamo Uighurs 'to be freed' Guantanamo Uighurs 'to be freed'
(about 1 hour later)
A US judge has ordered that 17 Chinese Muslims held at Guantanamo Bay be released into the United States.A US judge has ordered that 17 Chinese Muslims held at Guantanamo Bay be released into the United States.
In a landmark ruling, US District Judge Ricardo Urbina said Washington could not detain the 17 because they were no longer considered enemy combatants.In a landmark ruling, US District Judge Ricardo Urbina said Washington could not detain the 17 because they were no longer considered enemy combatants.
The Uighurs were cleared for release in 2004 but the US will not return them to China fearing they may face persecution as "suspected terrorists".The Uighurs were cleared for release in 2004 but the US will not return them to China fearing they may face persecution as "suspected terrorists".
The US government said the 17 posed a security risk if released into the US.The US government said the 17 posed a security risk if released into the US.
Lawyers for the Bush administration have also argued that federal judges do not have authority to order the release into the US of Guantanamo detainees.Lawyers for the Bush administration have also argued that federal judges do not have authority to order the release into the US of Guantanamo detainees.
Analysts say the ruling is a rebuke for the US government and could set the stage for the release of dozens more detained at the military jail in Cuba.Analysts say the ruling is a rebuke for the US government and could set the stage for the release of dozens more detained at the military jail in Cuba.
'No risk''No risk'
Lawyers for the prisoners said it was the first time a federal court had ordered the release into the US of any Guantanamo prisoners.Lawyers for the prisoners said it was the first time a federal court had ordered the release into the US of any Guantanamo prisoners.
Judge Urbina had presided over a hearing to consider appeals by the 17 who were seeking to be freed and allowed into the US.Judge Urbina had presided over a hearing to consider appeals by the 17 who were seeking to be freed and allowed into the US.
They have been held at Guantanamo for nearly seven years.They have been held at Guantanamo for nearly seven years.
The judge said there was no evidence that they were "enemy combatants" or a security risk.The judge said there was no evidence that they were "enemy combatants" or a security risk.
"Because the constitution prohibits indefinite detentions without cause, the continued detention is unlawful," he said."Because the constitution prohibits indefinite detentions without cause, the continued detention is unlawful," he said.
He ordered that they be brought to his courtroom for a hearing on Friday and he scheduled another hearing for the following week to decide where the Uighurs should be permanently settled.He ordered that they be brought to his courtroom for a hearing on Friday and he scheduled another hearing for the following week to decide where the Uighurs should be permanently settled.
CHINA'S UIGHURS Ethnically Turkic Muslims, mainly in XinjiangMade bid for independent state in 1940sSporadic violence in Xinjiang since 1991Uighurs worried about Chinese immigration and erosion of traditional cultureCHINA'S UIGHURS Ethnically Turkic Muslims, mainly in XinjiangMade bid for independent state in 1940sSporadic violence in Xinjiang since 1991Uighurs worried about Chinese immigration and erosion of traditional culture
Members of the Uighur community in the Washington DC area have offered to take them in.Members of the Uighur community in the Washington DC area have offered to take them in.
The Washington DC courtroom was packed with dozens of Uighurs and human rights activists who cheered and applauded at the decision.The Washington DC courtroom was packed with dozens of Uighurs and human rights activists who cheered and applauded at the decision.
Justice department attorney John C O'Quinn said the US government would consider whether to appeal against the decision.Justice department attorney John C O'Quinn said the US government would consider whether to appeal against the decision.
However, his request to delay the detainees' release pending a possible appeal was denied by the judge.However, his request to delay the detainees' release pending a possible appeal was denied by the judge.
Some detainees at the military prison fear torture or persecution if they return to their home countries, according to the New York-based Center for Constitutional Rights.Some detainees at the military prison fear torture or persecution if they return to their home countries, according to the New York-based Center for Constitutional Rights.
The US has maintained that if they cannot be returned home and no other country will take them, they should stay at Guantanamo.The US has maintained that if they cannot be returned home and no other country will take them, they should stay at Guantanamo.
The 17 Uighurs had been living in a camp in Afghanistan during the US-led military campaign that began in October 2001. They fled into the mountains and were held by Pakistani authorities who handed them over to the US.The 17 Uighurs had been living in a camp in Afghanistan during the US-led military campaign that began in October 2001. They fled into the mountains and were held by Pakistani authorities who handed them over to the US.
Beijing has demanded that all Uighurs held at Guantanamo be repatriated to China.Beijing has demanded that all Uighurs held at Guantanamo be repatriated to China.
Terror groupTerror group
Chinese foreign ministry spokesman Qin Gang said before Tuesday's court hearing that the Uighurs are suspected of being members of the East Turkestan Islamic Movement, which the US lists as a terrorist organisation.Chinese foreign ministry spokesman Qin Gang said before Tuesday's court hearing that the Uighurs are suspected of being members of the East Turkestan Islamic Movement, which the US lists as a terrorist organisation.
He said: "China has urged the US to repatriate these Chinese terrorist suspects to China on many occasions. We hope the US will take our position seriously and repatriate these persons to China sooner rather than later."He said: "China has urged the US to repatriate these Chinese terrorist suspects to China on many occasions. We hope the US will take our position seriously and repatriate these persons to China sooner rather than later."
But Rebia Kadeer, president of the World Uighur Congress, called the court ruling a victory for oppressed Uighurs in China.But Rebia Kadeer, president of the World Uighur Congress, called the court ruling a victory for oppressed Uighurs in China.
Many Muslim Uighurs from Xinjiang in western China want greater autonomy for the region and some want independence. Beijing has waged a campaign against what it calls their violent separatist activities.Many Muslim Uighurs from Xinjiang in western China want greater autonomy for the region and some want independence. Beijing has waged a campaign against what it calls their violent separatist activities.