A U.S. District Court judge temporarily blocked the federal government from transferring an American citizen to the custody of the Iraqi government, noting Friday that the move could place the prisoner at risk of torture and indefinite confinement.
American forces arrested Shawqi Omar, a naturalized U.S. citizen, on Oct. 29, 2004, at his apartment in Baghdad. Since then, he has been held at the U.S.-run Camp Bucca in southern Iraq and at Abu Ghraib and Camp Cropper in Baghdad.
The United States military has not charged Omar with a crime, nor has it let him talk with his U.S. lawyers, who now number about half a dozen. The attempt to transfer Omar to Iraqi custody came after defense attorneys filed legal papers on his behalf.
In temporarily blocking Omar's transfer, U.S. District Court Judge Ricardo M. Urbina acknowledged that the case is laden with constitutional questions.
"The court recognizes the tension created by the constitutional implications arising out of judicial versus executive branch authority on the matter," Urbina wrote. "The court directs counsel to address this issue head on."
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