Judge upholds Guantanamo detention in rare government winBy Carol Rosenberg | Miami Herald
Posted on Tuesday, September 21, 2010
GUANTANAMO BAY NAVY BASE, Cuba —
A federal judge has rejected the habeas corpus petition of a Kuwaiti man who was designated during the Bush years for a war crimes trial here, bringing to 17 the number of habeas cases that have been decided in the government's favor. In the 38 cases, the judge has ruled in favor of the detainee.Fayiz Kandari 35, has long claimed he was in Afghanistan at the time of his capture as a charity worker -- not a terrorist.
But the Pentagon alleges he trained with al Qaeda and around the time of the 9/11 attacks "served as an adviser to Osama bin Laden'' and produced al Qaida tapes that recruited men to jihad.
U.S. District Judge Colleen Kollar-Kotelly rejected Kandari's habeas petition in a one-page order Sept. 15. Her full ruling was still classified Monday and had not been released.
Kollar-Kotelly has now decided the cases of four Kuwaitis who had been held here for years in a series of rulings since July 2009. She's upheld the detention sof two detainees and ordered the release of two others.