Thursday, November 20, 2008; 1:28 PM
For the first time, a federal judge today ordered the release of enemy combatants from the U.S. military prison in Guantanamo Bay, Cuba, ruling that the government had provided insufficient evidence to continue their detentions.
The decision came in the case of six Algerians who were detained in Bosnia after the Sept. 11, 2001, terror attacks and have been held at the military prison in Cuba for nearly seven years. U.S. District Judge Richard J. Leon, a Bush appointee, ruled that five of the men must be released "forthwith" and ordered the government to engage in diplomatic efforts to find them new homes.
In an unusual move, Leon also urged the government not to appeal his ruling, saying "seven years of waiting for our legal system to give them an answer" was long enough.
In the case of the sixth Algerian, Belkacem Bensayah, Leon found that the government had met its evidentiary burden and could continue to hold him. Bensayah's lawyers said he would appeal
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