*EPF401 09/23/2004
U.S. Will Release Hamdi from Prison, Fly Him to Saudi Arabia
(Defense Department Report, September 23: Detainees Issues) (660)

Washington -- Navy Lieutenant Commander Flex Plexico said September 23 that he could not say, for security reasons, when American-born Saudi Yaser Esam Hamdi --- who will be released soon from a U.S. military prison -- would be transferred from the United States to Saudi Arabia. The transfer is expected to occur within days.

The Justice Department reported September 22 that the U.S. government, Hamdi, and his lawyer have signed a release agreement that will require Hamdi to renounce his U.S. citizenship.

Hamdi has been held in solitary confinement for more than two years without charges because the U.S. government classified him as an enemy combatant in the global war on terrorism.

Because he was born in the state of Louisiana, Hamdi has been held in Charleston, South Carolina, at a U.S. Navy detention facility.

Under the terms of the agreement, Hamdi must inform the Saudi government of any plans to travel outside the country, and he is barred from traveling to the United States, Afghanistan, Israel, Iraq, Pakistan, Syria and the West Bank and Gaza.

Justice Department spokesman Mark Corallo said September 22 that Hamdi was taken into U.S. military custody "after he surrendered as part of a Taliban military unit. Like many other enemy combatants captured and detained by U.S. armed forces in Afghanistan who have been subsequently released, the United States has determined that Mr. Hamdi could be transferred out of the United States custody subject to strict conditions that ensure the interests of the United States and our national security." The Justice Department's public affairs director said the United States is not interested in holding enemy combatants "beyond the point that they pose a threat to the U.S. and our allies."

The U.S. Supreme Court ruled June 28 that U.S. citizens being held in the United States as enemy combatants have the right to legal counsel and may challenge efforts to hold them indefinitely. Hamdi's lawyer brought suit.

Meanwhile, the Defense Department reports a continuing flow of detainees into and out of U.S. custody at the Guantanamo Bay, Cuba, Naval Base.

A September 22 Pentagon release stated that 10 new detainees were transferred to the holding facility from Afghanistan. The new arrivals will be reviewed for possible future release in the same manner as other enemy combatants who have been held there for longer periods of time.

There are now approximately 539 detainees in Cuba who were sent there to determine whether they either pose a threat to U.S. interests or have any military intelligence to offer interlocutors.

At the same time, the Defense Department also announced that another 11 detainees in Guantanamo have been sent to Afghanistan for release. Additional releases are anticipated as reviews of the detainees' status are completed.

So far 202 detainees have been released from Guantanamo, according to a second September 22 DOD news release. Former prisoners have been transferred to Pakistan, Morocco, France, Russia, Saudi Arabia, Spain, Sweden and the United Kingdom. Some were freed, while others were transferred to the custody of other governments.

A September 21 ruling by the U.S. District Court for the District of Columbia is relevant to individuals who are still being held in Guantanamo. A federal judge ordered the government to explain why detainees are still being held there and indicate why they should not be released. Some individuals have been held for almost three years.

Legal action has been initiated by 60 detainees seeking release. The government must present written arguments to the court by October 4.

In the future, the presiding judge wants to be informed in advance when detainees are transferred to third country authorities for further detention.

The court plans to hold a public hearing October 13 on contentious legal issues related to the detainees.

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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