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| Guantanamo pair's charges dropped | Guantanamo pair's charges dropped |
| (about 1 hour later) | |
| A US military judge has thrown out charges against two Guantanamo Bay detainees, casting fresh doubt on efforts to try foreign terror suspects. | A US military judge has thrown out charges against two Guantanamo Bay detainees, casting fresh doubt on efforts to try foreign terror suspects. |
| Both cases collapsed because military authorities had failed to designate the men as "unlawful" enemy combatants. | Both cases collapsed because military authorities had failed to designate the men as "unlawful" enemy combatants. |
| In one case a Canadian man, Omar Khadr, was accused of killing a US soldier in Afghanistan with a grenade. | In one case a Canadian man, Omar Khadr, was accused of killing a US soldier in Afghanistan with a grenade. |
| Charges were also dropped against Salim Ahmed Hamdan, a Yemeni accused of being Osama Bin Laden's driver and bodyguard. | Charges were also dropped against Salim Ahmed Hamdan, a Yemeni accused of being Osama Bin Laden's driver and bodyguard. |
| The BBC's James Westhead in Washington says the rulings deal a stunning blow to the Bush administration's attempt to bring its detainees at Guantanamo Bay to trial. | The BBC's James Westhead in Washington says the rulings deal a stunning blow to the Bush administration's attempt to bring its detainees at Guantanamo Bay to trial. |
| We don't need any more evidence that it's a failure - this system should just stop Col Dwight SullivanMilitary lawyer Q&A: Military tribunals | |
| Under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". | Under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". |
| When they were assessed years earlier they were described only as "enemy combatants". The word "unlawful" did not appear, giving the new tribunals no jurisdiction. | When they were assessed years earlier they were described only as "enemy combatants". The word "unlawful" did not appear, giving the new tribunals no jurisdiction. |
| It seems the same may apply to all the other 380 detainees, leaving the tribunal system in legal limbo while Bush administration lawyers race to clarify the situation, our correspondent says. | It seems the same may apply to all the other 380 detainees, leaving the tribunal system in legal limbo while Bush administration lawyers race to clarify the situation, our correspondent says. |
| Tribunal issue | Tribunal issue |
| Defendant Omar Khadr, 20, appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard. | Defendant Omar Khadr, 20, appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard. |
| He was just 15 years old when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. | He was just 15 years old when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. |
| Mr Hamdan says he was just a driver and not an al-Qaeda memberHe appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. | |
| The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. | The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. |
| He said prosecutors could lodge an appeal within 72 hours, although it was not immediately clear who they could appeal to. | He said prosecutors could lodge an appeal within 72 hours, although it was not immediately clear who they could appeal to. |
| All charges were dropped in the case of Salim Ahmed Hamdan, accused of serving both as chauffeur and bodyguard to al-Qaeda leader Osama Bin Laden. | All charges were dropped in the case of Salim Ahmed Hamdan, accused of serving both as chauffeur and bodyguard to al-Qaeda leader Osama Bin Laden. |
| Lawyers for Mr Hamdan said: "It was a victory for the rule of law and the law of war." | Lawyers for Mr Hamdan said: "It was a victory for the rule of law and the law of war." |
| Legal limbo | Legal limbo |
| The tribunal's chief defence counsel, Marine Colonel Dwight Sullivan, said the rulings were not a technicality, but another demonstration that the system did not work. | The tribunal's chief defence counsel, Marine Colonel Dwight Sullivan, said the rulings were not a technicality, but another demonstration that the system did not work. |
| Senator Chris Dodd, a Democratic presidential candidate, said the system was corroding America's foundation of freedom. | Senator Chris Dodd, a Democratic presidential candidate, said the system was corroding America's foundation of freedom. |
| Prosecutors in both cases plan to appeal against the rulings. However, the court designated to hear the appeals - the military commissions review - does not exist yet, Col Sullivan said. | Prosecutors in both cases plan to appeal against the rulings. However, the court designated to hear the appeals - the military commissions review - does not exist yet, Col Sullivan said. |
| The Guantanamo Bay facility was set up by the US in January 2002 to detain foreign prisoners suspected of links with al-Qaeda or the Taliban. | The Guantanamo Bay facility was set up by the US in January 2002 to detain foreign prisoners suspected of links with al-Qaeda or the Taliban. |
| About 770 inmates - many from the conflict in Afghanistan - have been at the camp on Cuba, which is not subject to normal US court rules. |