Tyler Cabot tells Noor Uthman Muhammed’s story:
It is a strange population, the 171 men still left at Guantánamo. There is Khalid Sheikh Mohammed and another two dozen hardened militants, who will never be released. This class of prisoner represents a small minority of the population. Then there are the others — about a hundred men, mostly Yemeni, who have been cleared to leave but have no place to go, as no country will take them. And there are another thirty-five or so like Noor. They are nameless, low-level operatives, or hapless men who were in the wrong place at the wrong time. They are the detritus of a decade-long war.
They can’t simply be released. That would be admitting that they aren’t as bad as the government once said they were. And most can’t be tried, either, because much of the evidence against them — if there is any — is too fraught, as it was gotten by torture, and would never have even been considered to be evidence in any American judicial proceeding before September 11, 2001. And no serious person would have ever argued for it as such.
The majority of the prisoners currently in Guantanamo are not being held on charges or serving any sentence.
i was just listening to a this american life episode about that: #331: habeas schmabeas.