Sunday, December 25, 2011

A Chilling Dismissal

Judge dismisses ex-captive's damage suit

Likely an innocent man, Abdul Rahim Abdul Razak Al Janko was held for 7 years in Guantánamo. The judge's holding in this case should give anyone pause regardless of political orientation. First, the judge calls Janko's captivity mere collateral damage from a "war." A partisan group in Afghanistan had supported groups such as Al Qaeda. Afghanistan certainly hadn't declared war on the United States. The Declaration of War on Afghanistan, illegitimate as it was, has denied this man eight years of his life, and likely health problems that will shorten his life expectancy. His family's wellbeing has certainly suffered in his absence. That's a lot of damage. Federal Judge Richard Leon says, well, too bad so sad.

Janko's is a sorrowful tale. First he was captured and tortured by Al Qaeda, whose operatives accused him of being an American spy, then he was held at Guantánamo Bay from 2002 to 2009. 
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"War, by its very nature, victimizes many of those caught in its wake. Innocent civilians are invariably killed, and sometimes even mistakenly imprisoned. Our legal system was never designed to provide a remedy in our Courts for these inevitable tragedies, especially in a conflict like this where terrorists cunningly morph into their surroundings."- Federal Judge Richard Leon.

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