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Gitmo detainees may be extradited

Three men detained by British police after their release from Guan-tanamo Bay have been reunited with their families for the first time in nearly five years, although two face extradition to Spain.

One man, Abdennour Samuer, 34, was released by counterterrorism police without charge, but the other two were arrested early on Thursday. Spain accuses Jamil el-Banna, 45, and Omar Deghayes, 38, of being members of an al-Qaeda cell in Madrid. The pair were released on bail yesterday -- £40,000 (US$79,700) of it put up by the actor Vanessa Redgrave -- pending a full hearing of the extradition request.

Banna left court to see his five children for the first time in five years. His youngest daughter was born after his capture by the US and has never met her father.

Outside court Banna, looking exhausted, said: "I am tired, I want to go home and see my children."

Deghayes was granted bail late on Thursday by senior district judge Timothy Workman after a hearing at City of Westminster magistrates court.

After the hearing his mother, Zohra Zewawi, said: "I'm really really happy, yesterday I could not sleep. All today I have been so stressed but now I'm so happy."

The pair were each required to pay £50,000 surety and abide by tough conditions, including a curfew, electronic tags and not traveling abroad. In granting bail Workman dismissed claims from the crown that they would flee abroad or engage in terrorist acts.

Melanie Cumberland, representing the Spanish government, told the court that a Spanish judge had issued warrants for the arrest of the men on Wednesday, the day they flew back to Britain from Guantanamo.

Cumberland said Banna had been a member of the Islamic Alliance based in Madrid and was an associate of Imad Yarkas, convicted by a Spanish court of terrorism offenses. Spain alleges Banna and Deghayes belonged to the cell which provided members to train in Afghan and Indonesian terror camps. The cell was also alleged to have raised funds for terrorism and to have spread al-Qaeda propaganda.

But Ed Fitzgerald, lawyer for both men, accused the crown of making wild accusations "for which there was no evidence."

He said there was evidence that neither the US nor UK authorities considered the men to pose a significant danger.

A US administrative review board which met at Guantanamo Bay had decided in May that Banna did not pose a risk to the US or its allies. It had also decided the same for Deghayes. British counterterrorism police had questioned both men and decided that they should not be charged with any offense.

Fitzgerald said "the centerpiece" of the Spanish case was a video allegedly showing Deghayes taking part in terrorist acts in Dagestan. But an expert had concluded the person in the video was a Chechen fighter who had died years ago.

Granting bail to Banna, Workman said that the "prosecution concerns about offenses being committed are outweighed by the detailed review being carried out in the US."
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