This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/world/americas/7036950.stm

The article has changed 4 times. There is an RSS feed of changes available.

Version 0 Version 1
US judge blocks Guantanamo move US judge blocks Guantanamo move
(about 3 hours later)
A judge in the United States has blocked the US military from sending a detainee at Guantanamo Bay to Tunisia. A US federal judge has blocked the US military from sending a Guantanamo Bay detainee to Tunisia because of allegations he would be tortured.
The judge ruled it would be a profound miscarriage of justice if Mohammed Abdul Rahman were sent to Tunisia where he says he would be tortured. It would be a "profound miscarriage of justice" to transfer Mohammed Abdul Rahman ahead of a Supreme Court ruling on detainee rights, the judge said.
Human rights groups say the ruling marks the first direct intervention by a judge in such a case. Human rights groups say the ruling is unprecedented, and the first direct intervention by a judge in such a case.
The ruling is temporary while the US Supreme Court decides whether inmates can mount challenge in civilian courts. Tunisia has denied Mr Abdul Rahman's claims that it practises torture.
It means that for the time being the US Defence Department cannot transfer Mr Rahman to Tunisia, where he was convicted in his absence and where he alleged he would be tortured if sent back. However, a report by the US state department published earlier this year said the Tunisian government continued "to commit serious human rights abuses".
The government there denies his claims, but an official US report earlier this year said human rights abuses continued to take place in Tunisia. Citing human rights groups, the report said the Tunisian security forces used sleep deprivation, electric shocks, submersion of the head in water, beatings and cigarette burns.
A series of court challenges relating to Guantanamo Bay has led the Pentagon to change its rules and give prisoners greater access to legal representation. 'Irreparable harm'
There are about 340 detainees still being held at Guantanamo, according to the Pentagon. In her ruling, Washington DC District Judge Gladys Kessler said that Mr Abdul Rahman could not be transferred because he might suffer "devastating and irreparable harm".
The executive has now been told it cannot bury its Guantanamo mistakes in third world prisons Joshua DenbeauxMohammed Abdul Rahman's lawyer The US Supreme Court is due to rule on whether inmates can mount challenge in civilian courts.
"In view of the grave harm Rahman has alleged he will face if transferred, it would be a profound miscarriage of justice if this court denied the motion," the judge said.
Mr Abdul Rahman has a heart condition and he argued that the 20-year prison sentence awaiting him in Tunisia could amount to a death sentence.
Mr Abdul Rahman's lawyer praised the ruling, which he said was the first time the courts had acted to control the treatment of prisoners at Guantanamo Bay.
"The executive has now been told it cannot bury its Guantanamo mistakes in third world prisons," Joshua Denbeaux told the Associated Press.
Repatriation
A US justice department spokesman, Erik Ablin, said the government had argued that the district court did not have jurisdiction over the case..
Quick guide: Guantanamo
The government was now considering its options, he said.
There are about 340 detainees still being held at Guantanamo, according to the Pentagon. It has transferred or released approximately 445 detainees to other countries.
A Pentagon spokeswoman said it tried to ensure detainees were not abused when they were returned to their home states.
"Detainees are not repatriated to countries where it is more likely than not that they will be tortured," spokeswoman Cynthia Smith said.