Al-Asadi v. Bush | |
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United States District Court for the District of Columbia | |
Full case name | Mohammed 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.
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.
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]
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".
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.
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]
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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 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]
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 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 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 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 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
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.
Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.
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".
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 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.
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]
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