From about the middle of
http://www.alternet.org/module/printversion/55993 :
"There are two Murat Kurnaz narratives. One is found in the paper trail and legal pleadings assembled by his two lawyers, Bernhard Docke in Bremen, Germany, and Baher Azmy from Seton Hall Law School in New Jersey. The other is his personal account of his five years in American custody. The legal process by which Kurnaz was freed from Guantanamo was, in a sense, irrelevant. It's not precedent-setting, because there is no effective process that provides detainees access to justice. He is one of very few whose situation was eventually considered by an American court. His case is the best example of why the military tribunals conducting trials at Guantanamo are fundamentally flawed.
In January 2005, Washington, D.C., federal district Judge Joyce Hens Green ruled on Kurnaz's case, along with the cases of ten other detainees. During his Combat Review Status Hearing in Guantanamo, Kurnaz had appeared before a panel of three military officers. He had no legal representation and was not allowed to see the classified evidence used to declare him a member of Al Qaeda. Before his hearing in Washington, some of the classified evidence used against him was inadvertently declassified and obtained by the Washington Post. It included reports that established that two years earlier, the Command Intelligence Task Force that oversees Guantanamo had concluded there was "no definite link/evidence of detainee having an association with Al Qaeda or making specific threats against the U.S." Judge Green reviewed the evidence and found nothing that justified holding Murat Kurnaz in prison. Among the hundreds of pages used to declare him a member of Al Qaeda, the smoking gun was a single document with vague allegations made by an unidentified officer. The judge was disturbed by the fact that Kurnaz, like other detainees, was never permitted to see or rebut the allegations that kept him in a cage in Guantanamo. During the trial it was also revealed that a friend of Kurnaz's who was reported to have carried out a suicide bombing in Turkey--another bit of incriminating evidence--was alive and well in
German intelligence officers traveled to Guantanamo to interview Kurnaz and concluded he had not been involved in any terrorist activity in Germany. They even tried, at one point, to recruit him to return to Bremen and work undercover for them in the mosque he attended before going to Pakistan to study Islam. They later concluded he was so unconnected--and unsophisticated--he would be of no use to them as a snitch. Yet nothing the judge did would result in his release. Judge Green ruled in his favor, devoting a number of pages in her 75-page opinion (some redacted) to the government's sloppy prosecution and lack of evidence against this man. But the heart of her ruling was that the process was basically illegal. The ruling was stayed, pending a decision at the appellate level. And after the trial, the then-Republican Congress passed the Military Commissions Act, which included a controversial provision by Senator Lindsey Graham (R-SC) that denyed all detainees the right to file habeas corpus petitions. The habeas corpus right that Judge Green had provided as an avenue out of Guantánamo was stripped away by Congress.
Kurnaz was released only because Azmy and his colleague in Germany, Bernhard Docke, took his case to the court of public opinion in Germany. Their skillful use of the media persuaded German chancellor Angela Merkel to prevail on George Bush to release Kurnaz. Merkel raised the issue on her first visit to the White House in January 2006. The irony was evident: the Conservative chancellor who defeated Social Democrat Gerhard Schroeder, who had led a "red-green" coalition and was Europe's most strident critic of Bush's Iraq War, had delivered a German resident from Guantanamo, after Schroeder had allowed him to languish there for years. "No one gets out of Guantanamo by any legal process," Azmy said. "Because there is none."