Al Halmandy v. Bush | |
---|---|
Court | United States District Court for the District of Columbia |
Full case name | Abd Al Rahman Abdullah Al Halmandy, et al. v. George W. Bush, et al. |
Docket nos. | 1:05-cv-02385 |
Case history | |
Related action(s) | Boumediene v. Bush , 553 U.S. 723 (2008) |
Court membership | |
Judge(s) sitting | Thomas F. Hogan |
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. [1] It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
The writ was filed shortly before the passage of the Detainee Treatment Act of 2005, which contained provisions to close off captives' ability to initiate new habeas petitions.
On June 10, 2006, the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys—so they seized all the captives' documents, including the captives' copies of their habeas documents. [2] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. When the Department of Defense reported to the Justice Department the names of the captives whose privileged documents they seized, they were unable to name half of the captives in this petition.
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the U.S. civil justice system, so all outstanding habeas corpus petitions were stayed. [3]
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 U.S. Federal Court system, and all previous Guantanamo captives' habeas petitions were eligible to be re-instated. [4]
On July 18, 2008 Shayana D. Kadidal of the Center for Constitutional Rights filed a status report on Al Halmandy v. Bush No. 05-CV-2385 (RMU) on behalf of seven Guantanamo captives [1] Kadidal wrote that of the 63 captives initially listed in the petition, all but those seven had either been repatriated, or were named in other petitions.
On July 29, 2008 U.S. District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for: [5]
ISN | name | Kadidal's notes | |
---|---|---|---|
78 | Saleh |
| |
510 | Riad Nargeri |
| |
570 | Sabry Mohammed |
| |
574 | Hamound Abdullah Hamoud Hassan Al Wady |
| |
743 | Muhammed Saad Iqbal Madni |
| |
900 | Saki Bacha |
| |
1045 | Mohammed Kameen |
|
isn | name | notes |
---|---|---|
118 | Abd Al Rahman Abdullah Al Halmandy | |
367 | Inshanullah |
|
783 | Shamsullah |
|
005 | Abul Aziz Al Matrafi |
|
044 | Mohamed Rajab |
|
046 | Saif |
|
051 | Majed Baryan |
|
062 | Saud Al Jouhany |
|
088 | Waqas Mohammed Ali Awad |
|
118 | Abd Al Rahman Abdullah Al Halmandy |
|
174 | Hisham |
|
196 | Moussa |
|
215 | Sultan Al Shareef |
|
326 | Abu Rawdah |
|
367 | Inshanullah |
|
502 | Adel |
|
627 | Dr. Ayman |
|
678 | Fawaz (Guantanamo captive 678) |
|
704 | Abdu Tawab |
|
707 | Muhammad Nur Uthman Muhammad |
|
717 | Abdul Al Hamman |
|
721 | Abdulla (Guantanamo captive 721) |
|
743 | Muhammed Saad Iqbal Madni |
|
743 | Said Madany |
|
783 | Shamsullah |
|
892 | Rafiove bin Bashir |
|
900 | Saki Bacha |
|
1017 | Zakaria |
|
1045 | Mohammed Kameen |
|
1457 | Abdo Ali Al Haj |
|
1463 | Abdulrahman |
|
Ibrahim Nayif Abdallah Ibrahim |
| |
Abu Baker Shammrany |
| |
Saleh Libi |
| |
Salah Deen Ibn Shaikh |
| |
Salih |
| |
Ridah |
| |
Abdullah |
| |
Sanjawez Raweel Kameel Weej |
| |
Abdal Rauf Zalitini |
| |
Ahamed |
| |
Abdullah ali Saleh |
| |
Othman Ali Muhammed Omar |
| |
Amar Biloushi |
| |
Mohammed Chinguity |
| |
Abdulrahman |
| |
Ali Kadami |
| |
Khalid Deshire |
| |
Abou Yassir Jezairi |
| |
Abdaul Razak Ali-Haj |
| |
Adnan |
| |
Abdullah Jaffa |
| |
Abu Hadifa |
| |
Mohammed Abdullah |
| |
Mohamed Fahad Saad Al Zu'bi |
| |
Abdul Aziz |
| |
Abdul Latif |
| |
Abdulla Haji |
| |
Bital Adel Halami |
| |
Saleh |
| |
Khalid Mohammed |
| |
Mahdi Salih |
| |
Masoud |
|
On September 2, 2008, Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody. [10] On September 5, 2008, the Department of Justice filed a motion to have his habeas petition dismissed as moot because he was no longer in U.S. custody. On September 19, 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot". Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the U.S. Government and the Pakistani Government.
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 Saad Iqbal is a Pakistani citizen who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Madni's Guantanamo Internment Serial Number was 743. The Department of Defense reports that he was born on October 17, 1977.
Hamidullah was a citizen of Afghanistan, who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number is 1119. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1963, in Kabul, Afghanistan.
Yunis Abdurrahman Shokuri is a citizen of Morocco who was held in extrajudicial detention in the Guantanamo Bay detention camps, in Cuba. The Department of Defense reports his date of birth as May 4, 1968. The Department of Defense reports that he was born in Safi, Morocco.
Jawad Jabber Sadkhan is a citizen of Iraq who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Sadkhan's Guantanamo Internment Serial Number was 433.
Ridah Bin Saleh Bin Mabrouk al-Yazidi is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba since the day it opened, on January 11, 2002. Al Yazidi's Guantanamo detainee ID number is 38.
Majid Shoukat Khan is a Pakistani who was the only known legal resident of the United States held in the Guantanamo Bay Detainment Camp. He was a "high value detainee" subject to “enhanced interrogation” by the U.S. intelligence forces.
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
Guantanamo Bay detainees have been allowed to initiate appeals in Washington, D.C., courts since the passage of the Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus. It substituted a right to a limited appeal to Federal Courts of appeal in Washington, D.C. The Act allowed detainees to challenge whether their Combatant Status Review Tribunals had correctly followed the rules laid out by the Department of Defense.
Shayana D. Kadidal is an American lawyer and writer. Kadidal has worked at the Center for Constitutional Rights in New York City since 2001, and is senior managing attorney of the Guantánamo Global Justice Initiative there, coordinating legal representation for the captives held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Previously a writer on patent, drug and obscenity law, since 2001 he has played a role in various notable human rights cases, including:
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.
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.
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.
Scott L. Fenstermaker is an American criminal defense lawyer based in New York City. In November 2022, he was charged with trespassing, assault, reckless conduct, and attempted theft.
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".
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.
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: CS1 maint: bot: original URL status unknown (link)Undersigned counsel have no knowledge regarding the terms and conditions of the agreement under which Mr Madni's physical custody was transferred to Pakistan. Respondents have not submitted any evidence to the court regarding the nature of Mr Madni's transfer or his current status in Pakistan. Accordingly, undersigned counsel does not know whether as part of his transfer the United States required that Mr Madni continue to be imprisoned, or after what period of time or under what conditions he might be released. Furthermore, undersigned counsel does not know whether Mr. Madni has at all times since his transfer remained imprisoned in Pakistan.