Much of the government's evidence remains classified, but documents in Barre's case, and a handful of others, underscore the daunting legal, diplomatic, security and political challenges.
As officials try to decide who can be released and who can be charged, they face a series of murky questions: what to do when the evidence is contradictory or tainted by allegations of torture; whether to press charges in military or federal court; what to do if prisoners are deemed dangerous but there is little or no evidence against them that would stand up in court; and where to send prisoners who might be killed or tortured if they are returned home.
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Answering those questions, said current and former officials, is a massive undertaking that has been hampered by a lack of cooperation among agencies and by records that are physically scattered and lacking key details.
It is "a tough, unenviable task with imperfect solutions," said Sarah E. Mendelson, director of the human rights and security initiative at the Center for Strategic and International Studies and the author of a report on closing Guantanamo Bay. "But they need to get fully underway now," she said, reviewing files, marshaling evidence and finding countries willing to take those detainees who can be released.
Approximately 60 detainees who have been cleared for release by the Bush administration remain at the camp. An additional 21 detainees are facing charges before military commissions and are almost certain to face trial in federal court, courts-martial or some new version of the current system of military commissions.
