The judge had described the case against
Mr Jawad as an "outrage"
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A US judge has ordered the release of one of
the youngest detainees at the US detention centre in Guantanamo Bay.
US
District Court Judge Ellen Huvelle said Mohammed Jawad would be
released by late August. If so, he is expected to return home.
But government lawyers say they have not yet decided whether
to pursue a criminal case against him.
Mr Jawad has been accused of injuring two US soldiers and
their interpreter by throwing a grenade at their vehicle.
He
was 12 when he was arrested in Afghanistan in 2002, his lawyer says,
but 17 according to the Pentagon. He has been held at the camp for the
past six-and-a-half years.
Criminal case
Earlier, Mr Jawad's lawyer, Jonathan Hafetz, told the BBC he
was "cautiously optimistic" his client would be set free.
"They've not produced any evidence so far and enough is
enough. It's time for Mr Jawad to go home," he said.
Deputy
Assistant Attorney General Ian Gershengorn told the court the US was
still deciding whether to pursue a criminal case against Mr Jawad.
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Daniel Sandford, BBC News, Washington
The
strength of Judge Ellen Segal Huvelle's remarks in this hearing should
caution anyone against assuming Mohammed Jawad's story sets a precedent.
Just because he is going home next month,
it would be foolish to assume that many others will follow immediately.
He
is being released because the case against him fell apart at the
military commission hearings when his confession under torture was
ruled inadmissible, and there was little other evidence.
Though
some detainees will follow a similar path to Mohammed Jawad other
detainees have a stronger a case to answer, and their release will be
more of a political decision than a legal one.
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That would mean he could still be returned to the US, or have
his repatriation delayed, to stand trial in a criminal court.
Judge Huvelle gave government lawyers three weeks to file the
criminal case, but urged them not to do so.
"After this horrible, long, tortured history, I hope the
government will succeed in getting him back home," she said.
"Enough has been imposed on this young man to date."
Mr
Hafetz said it would be "another traumatising experience" for Mr Jawad
and that the "nightmare will continue for no good reason".
The
Afghan government has requested that he be sent home and in October
2008, a US military judge ruled confessions Mr Jawad had made were
inadmissible because they were obtained under torture.
Closure pledge
In
July this year, Judge Huvelle described the US government's case
against Mr Jawad as "an outrage" that was "riddled with holes".
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MOHAMMED JAWAD
Charged in Afghanistan in December 2002
for allegedly attacking a US military jeep
Claims his confession was obtained using
torture
US government's case against him
described by a judge as "riddled with holes"
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Observers say that if Mr Jawad is returned to Afghanistan it
could mean that other Guantanamo detainees will also be released.
Shortly after entering the White House, US President Barack
Obama pledged to close the prison at Guantanamo Bay.
Since
making the pledge, administration officials have been reviewing the
case files of Guantanamo detainees in an attempt to determine which
prisoners should face criminal trials, which should face military
commissions, which should be released and which can neither be tried
nor released.
Mr Obama has said he wants the camp to be closed by January
2010.
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