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Judge criticizes U.S. evidence on Guantanamo Bay detainee

WASHINGTON—A federal judge has ordered the release of a Kuwaiti man held at Guantanamo Bay and rebuked the U.S. government for relying on scant evidence, uncredible witnesses and coerced confessions to hold him for more than seven years.

In an opinion declassified Friday, U.S. District Judge Colleen Kollar-Kotelly said government attorneys presented a “surprisingly bare” record during four days of classified hearings last month to oppose Fouad Al Rabiah’s request for release from the U.S. naval detention facility in Cuba. She said the aviation engineer is being held almost exclusively on confessions obtained through abusive techniques and that his own interrogators repeatedly concluded were not believable.

“Incredibly, these are the confessions that the government has asked the Court to accept as truthful in this case,” Kollar-Kotelly wrote in a 65-page opinion that was partially redacted to remove classified material. She called the coerced confessions “entirely incredible” and said they “defy belief.”

“If there exists a basis for Al Rabiah’s indefinite detention, it most certainly has not been presented to this court,” she found.



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