A Judge's Sharp Opinion

U.S. District Judge Gladys Kessler issued a blunt indictment Friday of the Bush administration's legal handling of prisoners at the Guantanamo Bay Naval Base in Cuba. Frustrated with the plight of prisoners held without charges for years at the base, Kessler expressed disgust with the federal government's repeated efforts to block courts from hearing detainees' complaints.

Kessler's written opinion was particularly unusual in that it came in a ruling about a technicality. The Justice Department had asked her to dismiss the complaint of an Afghan detainee, Hamid al-Razak, and to bar him from ever seeking the court's help. Below is a portion of her denial of the government's motion:

-- Carol D. Leonnig

The Petitioner . . . identifies the legal, cultural, and psychological isolation in which the detainee exists which demonstrate his inability to challenge the legality of his detention. They are as follows:

He is a resident of Afghanistan.

He has had virtually no contact with the news media or any word from outside the closed Guantanamo prison system for over 3 years.

He has had no contact with his friends or family members outside Guantanamo.

He is unfamiliar with the United States Court System.

He does not speak English.

He likely does not know what the term Habeas Corpus means.

He has no criminal charges against him.