Update 30 (9 January 2010)

On 6 January 2010,  military judge Rafael Yamini ordered Mohammad’s detention order to be shortened until 12 January 2010. The judge cited security concerns as justification for Mohammad’s continued administrative detention stating that Mohammad still poses a danger to the security of the area and the public,  but, contradictorily, reduced the detention order by 10 days. In the justification of his decision to reduce the length of Mohammad’s administrative detention, the military judge stated that there has been no serious development in the investigation into Mohammad’s case and therefore his prolonged detention could not be justified. This is in direct contravention to international law, which stipulates that administrative detention is permissible only if “the security of the state … make it absolutely necessary” and only in accordance with “regular procedure”. Administrative detention should never be used as a substitute for criminal prosecution where there is insufficient evidence to obtain a conviction.  Lastly, the judge did not impose any restrictions on the military prosecutors regarding any need for additional evidence to renew this order upon its expiration. Mohammad’s administrative detention order could be once again renewed.


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