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Archive for habeas corpus

US civil court to rule on legality of Guantanamo detentions

A US civil court will review the case of six Algerians detained at Guantanamo who claim their incarceration is illegal. Some 250 prisoners remain at the base, and all of them have filed Habeas Corpus challenges.

US judge ‘reluctantly’ delays Guantanamo appeals

WASHINGTON (AFP) — A US judge “reluctantly” agreed to request from Washington to delay appeals brought by some 250 Guantanamo detainees challenging the legality of their detention.
Monday’s decision came as four accused 9/11 conspirators, including confessed mastermind Khalid Sheikh Mohammed, appeared for a second preliminary hearing at the US Naval base in Guantanamo Bay, Cuba.
Judge [...]

Guantanamo habeas petition procedures bill introduced in Senate

Deirdre Jurand

[JURIST] US Senators Joe Lieberman (ID-CT) and Lindsey Graham (R-SC) [official websites] have introduced a bill [S. 3401 summary, PDF; press release] designed to establish a procedure for all habeas corpus petitions made by Guantanamo detainees. The Enemy Combatant Detention Review Act of 2008 responds to recently raised concerns by US Attorney [...]

Bush Administration Wants to Limit Detainee Ruling

..Big shock, right?  If the administration had a conscience at all they would have let the ruling stand, and they would have ended the kangaroo kourts, not stepped them up to be sure they are done before bush leaves office…
 
By James Rowley and Robert Schmidt
U.S. Attorney General Michael Mukasey called on Congress to limit last [...]

Judge to Bush admin.: Guantanamo is top priority

The Associated Press

WASHINGTON: A federal judge overseeing Guantanamo Bay lawsuits ordered the Justice Department to put other cases aside and make it clear throughout the Bush administration that, after nearly seven years of detention, the detainees must have their day in court.
“The time has come to move these forward,” Judge Thomas F. Hogan [...]

Major David J. R. Frakt’s Closing Argument in Favor of Dismissal of the Case Against Mohammad Jawad

-See Mohamad Jawad’s Profile here.
On Feb 7, 2002, President Bush issued an order. The order stated, in pertinent part “I accept the legal conclusion of the Department of Justice and determine that Common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees.”
“I determine that the Taliban detainees do not qualify [...]

Guantanamo Detainee to File Habeas Petition

By Josh White and Del Quentin Wilber
Washington Post Staff Writers

Mohammed Sulaymon Barre fled his native Somalia as civil war raged in the early 1990s, receiving U.N. refugee status and landing in Pakistan, where he settled his family and worked for a financial services company. In a nighttime raid in November 2001, Pakistani authorities [...]

‘Even Adolf Eichmann got a trial’

The Supreme Court’s recent ruling on habeas corpus and suspected terrorist detainees has faded a bit on the political world’s radar, but the McCain campaign continues to believe the issue will benefit their candidate. Indeed, just this afternoon, McCain’s in-house blogger blasted Barack Obama’s campaign for “conflicting answers” on whether Osama bin Laden would be [...]

Government Asks to Revise Guantanamo Evidence

WHAT?  Re-write evidence?  This is a legal procedure, isn’t it?  Oh, how silly of me.  Of course this isn’t a legal matter anymore than the travesty that was Dr. Al-Arian’s trial was a legal matter.  In fact, Dr. Al-Arian is still in prison but - his sentence ended on April 11!
by Jackie Northam and [...]

Guantanamo prisoner opens new era of court challenges

By Michael Doyle and Marisa Taylor | McClatchy Newspapers
WASHINGTON — The Taliban tortured Abdul Rahim Abdul Razak al Ginco. They thought he was a U.S. spy. Then, U.S. soldiers called the Syrian native an enemy and shipped him to Guantanamo.
Now, Ginco will be turning a spotlight back on the Bush administration itself. Newly empowered by [...]

Lawyers, alleged terrorists consult on court ruling

BY CAROL ROSENBERG
crosenberg@MiamiHerald.com
GUANTANAMO BAY NAVY BASE, Cuba — Bolstered by a U.S. Supreme Court victory, defense attorneys streamed onto this base Monday to consult alleged al Qaeda captives on whether to sue in federal court over their war-on-terror detention.
The lawyers arrived by early-morning charter from Washington, D.C., organized by the Pentagon’s Office of Military [...]

America’s prison for terrorists often held the wrong men

But Akhtiar was no terrorist. American troops had dragged him out of his Afghanistan home in 2003 and held him in Guantanamo for three years in the belief that he was an insurgent involved in rocket attacks on U.S. forces.

McCain blasts Obama’s support of detainee ruling

“Sen. Obama applauds this decision, and he supports it,” McCain said. “I argue against it and will do what I can to at least narrow down some of the wide-open aspects of the Supreme Court decision.”

Prisoners can take cases to civilian courts, justices say

The future of the infamous Guantánamo detention centre was thrown into doubt yesterday after the US supreme court delivered the most serious blow yet to President George Bush’s policy of holding prisoners indefinitely without trial.

Guantanamo Inmates May Seek Release, High Court Says

Guantanamo Bay inmates have constitutional rights and may seek release in federal court, the U.S. Supreme Court ruled in a rebuke to the Bush administration and Congress on their handling of accused terrorists.

Court gives detainees habeas rights

In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention.

Bush Administration Loses in Boumediene

Radley Balko
The Supreme Court just released a 5-4 decision ruling that the government cannot deny prisoners at Guantanamo habeas rights unless it suspends them under the Suspension Clause of the U.S. Constitution.
Seems like a pretty serious blow to the Bush administration. I guess the only question now is whether the administration feels it’s actually obligated [...]

U.S. court deals Guantanamo detainee policy major legal blow - Habeas Restored!

The U.S. Supreme Court ruled Thursday that foreign suspects held at the high security military jail at Guantanamo Bay, Cuba, have rights under the American constitution to challenge their detention in U.S. civilian courts.

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