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Rahmatullah remains in custody because U.S. politicians do not want to look soft a Muslim with a beard

What is your worst nightmare? Is it worse than being trapped in a distant black hole, in a strange land, unable to communicate with his family? What is scarier than torture, day and night, when his family does not even know if he is alive or dead? Is this your greatest fear, then, worse than the reality of Yunus Rahmatullah?

The law does not deal with trifles, and if you ever find beyond the scope of basic decency, you will be glad that the arm of the law is long. On Wednesday, the rule of law has finally caught up with Rahmatullah, and shone a light in the cave which was held for nearly eight years. The appellate court granted his petition for habeas corpus, the historic resource is sometimes said to derive from the Constitution itself, when King John was warned that "No free man shall be taken or imprisoned ... but by the lawful judgment of his peers or the law of the land. "

Rahmatullah was originally placed in the black hole, in particular by the British authorities. He was arrested in Iraq in early 2004. The British handed him over to the U.S. for the illegal supply of the air force base at Bagram in Afghanistan - a country that had never visited. For five years, the British government did not exist.

Lord Neuberger, writing for a unanimous court of appeals, civil contempt is poured into this position. The UK was, we had discussed, probably conspire with the U.S. to commit what is called a "serious crime" under the Fourth Geneva Convention (which applies to civilian detainees). The court was generous, and opted to give the government the opportunity to avoid conviction, but noted that the U.S. was legally obligated to return Rahmatullah British guard, so that could be released immediately. To do otherwise, of course, would only aggravate the offense.

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