Al-Asadi v. Bush

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Al-Asadi v. Bush
Seal of the U.S. District Court for the District of Columbia.png
United States District Court for the District of Columbia
Full case nameMohammed Ahmed Ali Al-Asadi v. George W. Bush, et al.
Docket nos. 1:05-cv-02197
Judge sitting Henry H. Kennedy
Case history
Related actions Boumediene v. Bush , 553 U.S. 723 (2008)

Al-Asadi v. Bush, No. 1:05-cv-02197, is a writ of habeas corpus filed on behalf of Guantanamo detainee Mohammed Ahmed Ali Al Asadi before US District Court Judge Henry H. Kennedy. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

The nature of international human rights law has been seemingly altered by Americans since the attacks on New York City and Washington, D.C. on September 11, 2001. The Guantanamo Bay detention camp is one example of recent developments that seem to disregard long standing human rights. The United States of America (USA) has pursued a 'seemingly deliberate strategy' to put suspected terrorists outside the reach of habeas corpus protections. Naval Station Guantanamo Bay serves as the location for a United States military prison in Cuba designed for the detention of non-citizens suspected of terrorist activity. At the time of its creation President Bush stated that its purpose was to respond to serious war crimes, primarily 'a new way to deal with terrorists'. The first camp was set up 3 months after the attacks on the twin towers and since then a human rights debate has begun over the legality of denying detainees the right to petition habeas corpus.

Guantanamo Bay detention camp US military prison in Guantanamo Bay Naval Base

The Guantanamo Bay DETENTION camp is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, G-Bay, GTMO, and Gitmo, which is on the coast of Guantánamo Bay in Cuba. Indefinite detention without trial and torture have led the operations of this camp to be considered a major breach of human rights by Amnesty International and a violation of Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution.

Contents

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. [1]

Military Commissions Act of 2006 Former United States law

The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".

Cited in other habeas petitions

Kennedy's ruling, lifting a stay imposed upon habeas petitions in 2005, pending the resolution of Boumediene v. Bush, was cited in several other habeas petitions. [2] [3]

Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantanamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.

Boumediene v. Bush

On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush , that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. [4] And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". [5]

Re-initiation

Al Asidi's petition was renewed, as a former captive seeking relief for his former detention. On July 3, 2008, US District Court Judge Thomas F. Hogan issued an order regarding former Guantanamo captives, who might seek relief for their former detentions. [6] That order gave their attorneys until July 14 to respond with a brief status report, if they wanted to continue to proceed. Al Asadi's habeas petition was one of those on Justice Hogan's list.

Thomas F. Hogan American judge

Thomas Francis Hogan is a Senior United States District Judge of the United States District Court for the District of Columbia, who served as Director of the Administrative Office of the United States Courts from October 17, 2011 until June 30, 2013.

On July 9, 2008, Zachary Katznelson filed a statement summarizing the status of this petition, and several others. [7]

On July 14, 2008, Andrew I. Warden, a department of Justice official, submitted a motion requesting this and other petitions be dismissed. [6]

Related Research Articles

An enemy combatant is a person who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor in an armed conflict. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an insurrection the term "enemy state" may be replaced by the more general term "Party to the conflict".

Fouzi Khalid Abdullah Al Odah Kuwaiti Guantanamo detainee

Fouzi Khalid Abdullah al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps, in Cuba. He had been detained without charge in Guantanamo Bay since 2002. He was a plaintiff in the ongoing case, Al Odah v. United States, which challenged his detention, along with that of fellow detainees. The case was widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term. The US Department of Defense reports that he was born in 1977, in Kuwait City, Kuwait.

Abu Bakker Qassim, et al. v. George W. Bush, et al. (05-5477), is a case in which two Muslim Uyghurs challenged their detention at the Guantanamo Bay Naval Base in Cuba.

Muhammad al-Ansi

Muhammad Ahmad Abdallah Al Ansi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Al Ansi's Guantanamo Internee Security Number is 029. American intelligence analysts estimate that Al Ansi was born in 1975, in Sanaa, Yemen.

Yasim Muhammed Basardah Yemeni Guantanamo detainee

Yasim Muhammed Basardah is a citizen of Yemen who was detained in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 252. Basardah was an informant for the interrogators in Guantanamo where he was rewarded with his own cell, McDonald's apple pies, chewing tobacco, a truck magazine and other "comfort items".

Ibrahim Othman Ibrahim Idris Yemeni Guantanamo detainee

Ibrahim Othman Ibrahim Idris is a citizen of Sudan, formerly held in extrajudicial detention in the United States' Guantanamo Bay detainment camps, in Cuba. His detainee ID number is 036.

Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.

Kiyemba v. Bush (Civil Action No. 05-cv-01509) is a petition for habeas corpus filed on behalf of Jamal Kiyemba, a Ugandan citizen formerly held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Mr. Kiyemba is the next friend of each of the nine Uighur petitioners, Abdusabur, Abdusamad, Abdunasir, Hammad, Hudhaifa, Jalaal, Khalid, Saabir, and Saadiq, who seek the writ of habeas corpus through the petition

<i>El Banna v. Bush</i>

El Banna v. Bush, No. 1:04-cv-01144, is a writ of habeas corpus that was submitted on behalf of Guantanamo captive Jamil al-Banna, Bisher Al Rawi and Martin Mubanga. They were also United Kingdom citizens, or residents.

Anam v. Bush, No. 1:04-cv-01194, is a writ of habeas corpus filed on behalf of a dozen Guantanamo detainees. The petition was filed before US District Court Judge Henry H. Kennedy on July 14, 2004. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

Al Halmandy v. Bush, No. 1:05-cv-02385, is a writ of habeas corpus filed on behalf of 63 Guantanamo detainees, on December 13, 2005. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

<i>Al Odah v. Bush</i>

Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.

Tolfiq Nassar Ahmed Al Bihani Saudi Arabian detainee

Tolfiq Nassar Ahmed al Bihani is a citizen of Saudi Arabia held in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 893. Joint Task Force Guantanamo analysts report he was born on June 1, 1972, in Tabuk, Saudi Arabia.

El Mashad v. Bush is a writ of habeas corpus filed on behalf of several Guantanamo detainees, including Sherif el-Mashad, Adel Fattouh Aly Ahmed Algazzar and Alladeen.

Al Joudi v. Bush (Civil Action No. 05-cv-301) is a writ of habeas corpus filed on behalf of several Guantanamo detainees, including: Majid Abdulla Al Joudi, Yousif Mohammad Mubarak Al-Shehri, Abdulla Mohammad Al Ghanmi and Abdul-Hakim Abdul-Rahman Al-Moosa, before US District Court Judge Gladys Kessler. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

Zalita v. Bush is a writ of habeas corpus filed on behalf of Guantanamo captive Abu Abdul Rauf Zalita before United States District Court judge Ricardo M. Urbina. On January 2, 2008 the Project to Enforce the Geneva Conventions named Zalita v. Bush on a list of "notable GTMO and related cases".

Mohamed Tahar

Muhammaed Yasir Ahmed Taher was a citizen of Yemen, who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 679. American intelligence analysts estimate he was born in 1980, in Ib, Yemen.

Jihad Ahmed Mustafa Dhiab

Jihad Ahmed Mujstafa Diyab also known as Abu Wa'el Dhiab was born in Lebanon. He was held in extrajudicial detention in the United States' Guantanamo Bay detention camp, in Cuba until he was released to Uruguay. His Guantanamo Internment Serial Number was 722. Dhiab was one of the Guantanamo hunger strikers, and there were fears he would die in custody when his weight dropped to dangerously low levels.

References

  1. ↑ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. Archived from the original on 2 October 2008. Retrieved 2008-09-30.CS1 maint: BOT: original-url status unknown (link)
  2. ↑ Zachary Philip Katznelson (2006-09-19). "Shaker Aamer v. George W. Bush -- 04-cv-2215: Motion to lift stay and for preliminary injunction enforcing Geneva Conventions" (PDF). United States Department of Justice. Archived from the original (PDF) on October 7, 2007. Retrieved 2008-12-29. Judge Kennedy has already recognized in several other cases that Hamdan warrants lifting the stays in pending habeas petitions, and this court should do the same. See Order Lifting the Stay, Al-Asadi v. Bush, Civil Action No. 05-2197-HHK (September 11, 2006) [Dkt. No. 35]
  3. ↑ Stephen M. Truitt (2006-09-26). "Hani Saleh Rashid Abdullah v. George W. Bush -- 05-cv-0023: Motion to modify stay order of April 8, 2005" (PDF). United States Department of Justice. Archived from the original (PDF) on October 26, 2007. Retrieved 2008-12-29.
  4. ↑ Boumediene v. Bush , 553 U.S. 723 (2008).
  5. ↑ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. Archived from the original on 24 October 2008. Retrieved 2008-10-24.
  6. 1 2 Thomas F. Hogan (2008-07-03). "PETITIONERS SEEKING HABEAS CORPUS RELIEF IN RELATION TO PRIOR DETENTIONS AT GUANTANAMO BAY: Order" (PDF). United States Department of Justice . Retrieved 2008-12-29.
  7. ↑ Zachary Katznelson (2008-07-09). "Guantanamo Bay Detainee Litigation: Doc 31 -- STATEMENT REGARDING HEARING OF JULY 8, 2008" (PDF). United States Department of Justice . Retrieved 2008-11-17.
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